Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: S3/7/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 201 3
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By: Senator J. English 5
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For An Act To Be Entitled 7
AN ACT TO AMEND THE LAW REGARDING LOCAL OPTION 8
ELECTIONS IN DEFUNCT TOWNSHIPS THAT RESUL TED FROM 9
INITIATED ACT 1 OF 1 942; TO PROVIDE THAT AN AREA 10
WITHIN A DEFUNCT TOW NSHIP THAT IS PARTIA LLY OR 11
TOTALLY ANNEXED INTO A WET CITY OR TOWN MAY HOLD A 12
SPECIAL LOCAL OPTION ELECTION CALLED BY T HE GOVERNING 13
BODY OF THE ANNEXING CITY OR TOWN FOR THE ISSUANCE OF 14
PERMITS FOR 0FF-PREMISES ALCOHOLIC B EVERAGES; TO 15
PROVIDE THAT AN ANNE XED AREA WITHIN A DE FUNCT 16
TOWNSHIP HAS ALL TIE S TO THE DEFUNCT TOW NSHIP RELATED 17
TO THE MANUFACTURE O R SALE OF ALCOHOLIC BEVERAGES 18
SEVERED IF THE SPECIAL LOCAL OPTION ELECTION RESU LTS 19
IN THE APPROVAL OF T HE ISSUANCE OF PERMI TS FOR OFF-20
PREMISES ALCOHOLIC B EVERAGES; AND FOR OTHER PURP OSES. 21
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Subtitle 24
TO AMEND THE LAW REGARDING LOCAL OPTION 25
ELECTIONS IN DEFUNCT TOWNSHIPS THAT 26
RESULTED FROM INITIATED ACT 1 OF 1942. 27
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30
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SECTION 1. Arkansas Code § 3 -8-601, concerning definitions applicable 32
to the law on local option elections, is amended to add additional 33
subdivisions to read as follows: 34
(10) "Alcoholic beverages" means all beverages containing more 35
than one-half of one percent (0.5%) of alcohol by weight; and 36 As Engrossed: S3/7/23 SB201
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(11) "Defunct township" means a township that: 1
(A) Has been partially or totally annexed by one (1) or 2
more municipalities; and 3
(B) No longer has governmental powers. 4
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SECTION 2. Arkansas Code Title 3, Chapter 8, Subchapter 6, is amended 6
to add an additional section to read as follows: 7
3-8-603. Defunct township. 8
(a)(1) The governing body of a wet city or wet incorporated town that 9
has annexed all or a portion of a defunct township under Title 14, Chapter 10
40, that had previously voted dry, in addition to all other local option 11
election options, may adopt an ordinance to hold a one-time special local 12
option election within the boundaries of the annexed area within the defunct 13
township only to provide the citizens in that annexed area an opportunity to 14
retain the rights and privileges of the inhabitants of the annexing city or 15
annexing incorporated town related to the issuance of permits for the sale of 16
alcoholic beverages for off-premises consumption. 17
(2) The election process for a special local option election for 18
the annexed area within a defunct township under subdivision (a)(1) of this 19
section shall be conducted under § 3-8-201 et seq. 20
(b) After a special local option election under subsection (a) of this 21
section in which the majority of qualified voters vote for the issuance of 22
permits for the sale of alcoholic beverages for off -premises consumption, the 23
annexed area within a defunct township described under subsection (a) of this 24
section shall: 25
(1) Have all ties to the defunct township related to local 26
option status for the manufacture or sale of alcoholic beverages severed; and 27
(2) Retain the rights and privileges of the inhabitants of the 28
annexing city or annexing incorporated town related to the manufacture or 29
sale of alcoholic beverages. 30
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SECTION 3. DO NOT CODIFY. R ETROACTIVITY. This act applies 32
retroactively to all defunct townships annexed into a city or incorporated 33
town before the effective date of this act. 34
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/s/J. English 36