Rep. Torres withdraws bill to exempt licensed family child care homes from local zoning after committee questions

State Rep. Randy Torres, District 17, introduced House Bill 1997 to a House committee on a proposal to create a targeted exemption from local zoning restrictions for licensed family child care homes statewide, saying the change would let licensed providers operate in residential areas inside municipal limits.

Torres told the committee the measure grew out of a pilot organized by the Western Benton County Partnership and funded with a nearly $340,000 grant awarded in October 2024 by the Arkansas Community Foundation. "With those dollars, we established six new in-home childcare businesses, and they have successfully launched and it created 60 new childcare spots that were unavailable a year prior," Torres said. He told the committee about 10 providers have signed up for the program and three more were expected to come on in two to three months.

The bill, as Torres described it, would exempt license-seeking family child care homes from local zoning rules that restrict home-based child care in residential areas, apply the exemption to properties inside municipal limits, preserve state enforcement of health and safety requirements, and require the Division of Child Care and Early Childhood Education to support providers.

Committee members pressed Torres on several points, including whether the bill would remove local authority to address parking, driveways and other neighborhood impacts; whether homeowners' associations would still be able to restrict home-based child care; and whether the measure would simply shift contentious land-use decisions from cities to the state. Torres said HOA and POA rules would remain separate and that cities would retain authority to enforce standard local laws, including parking. He said the Division of Child Care and Early Childhood Education had been "very favorable" to in-home child care in past testimony but did not quote a named division official in committee.

Representatives also raised concerns about scale and enforcement. Multiple members compared the proposal to short-term rental debates and warned it could create neighborhood conflicts if not carefully limited. Torres said the program is driven by homeowners operating from their residences rather than outside employees, and he characterized the pilot as relatively limited in scope. He also noted a recent state law removing extraterritorial jurisdiction (ETJ) had already altered local zoning authority statewide and framed HB 1997 as a narrowly targeted response for child care.

Torres asked the committee for fast action, citing the program's momentum and an "emergency" need to expand child care access, especially in rural areas. After the committee's questions and feedback, Torres told the chair he would withdraw the bill to rewrite it and return with revisions. "I'll just pull it down and work on it, and try to craft something that will..." he said.

No committee vote on the merits of HB 1997 was recorded during the hearing. The sponsor withdrew the bill from consideration at that meeting and indicated he will reconvene drafting and outreach efforts before reintroducing it.

Why it matters: Proponents say expanding in-home licensed child care could increase affordable child care options in rural and small-town Arkansas and help employers retain workers. Opponents on the committee cautioned that a statewide zoning exemption could limit municipal control over neighborhood land use and create parking and nuisance concerns, and several members urged more local consultation and time for study before a final legislative change.