Stricken language would be deleted from and underlined language would be added to present law.
Act 671 of the Regular Session
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State of Arkansas As Engrossed: S3/7/23 S3/29/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 201 3
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By: Senator J. English 5
By: Representative K. Brown 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING LOCAL OPTION 9
ELECTIONS IN DEFUNCT TOWNSHIPS THAT RESUL TED FROM 10
INITIATED ACT 1 OF 1 942; TO PROVIDE THAT AN AREA 11
WITHIN A DEFUNCT TOW NSHIP THAT IS PARTIA LLY ANNEXED 12
INTO A WET CITY MAY HOLD A LOCAL OPTION ELECTION 13
CALLED BY PETITIONIN G OF THE RESIDENTS O F THE ANNEXED 14
AREA FOR THE ISSUANC E OF PERMITS FOR 0FF -PREMISES 15
ALCOHOLIC BEVERAGES; TO PROVIDE THAT AN A NNEXED AREA 16
WITHIN A DEFUNCT TOW NSHIP HAS ALL TIES T O THE DEFUNCT 17
TOWNSHIP RELATED TO THE MANUFACTURE OR S ALE OF 18
ALCOHOLIC BEVERAGES SEVERED IF THE LOCAL OPTION 19
ELECTION RESULTS IN THE APPROVAL OF THE ISSUANCE OF 20
PERMITS FOR OFF-PREMISES ALCOHOLIC B EVERAGES; AND FOR 21
OTHER PURPOSES. 22
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Subtitle 25
TO AMEND THE LAW REGARDING LOCAL OPTION 26
ELECTIONS IN DEFUNCT TOWNSHIPS THAT 27
RESULTED FROM INITIATED ACT 1 OF 1942. 28
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 31
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SECTION 1. DO NOT CODIFY. TEMPORARY LANGUAGE. Defunct townships. 33
(a) As used in this section: 34
(1) "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 S3/29/23 SB201
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(2) "Defunct township" means a township that: 1
(A) Has been partially annexed by one (1) or more 2
municipalities; and 3
(B) No longer has governmental powers. 4
(b)(1) A wet city that has annexed a portion of a defunct township 5
under Title 14, Chapter 40, that had previously voted dry, in addition to all 6
other local option election options, may hold a one -time local option 7
election within the boundaries of the annexed area within the defunct 8
township only to provide the citizens in that annexed area an opportunity to 9
retain the rights and privileges of the inhabitants of the annexing city 10
related to the issuan ce of permits for the sale of alcoholic beverages for 11
off-premises consumption. 12
(2)(A) The election process for a local option election for the 13
annexed area within a defunct township under subdivision (b)(1) of this 14
section shall be conducted under § 3 -8-201 et seq. 15
(B) A local option election under this section shall be 16
called by a petition signed by the registered voters in the annexed area in a 17
number equal to thirty -eight percent (38%) of the registered voters in the 18
annexed area. 19
(c) After a local option election under subsection (b) of this section 20
in which the majority of qualified voters vote for the issuance of permits 21
for the sale of alcoholic beverages for off -premises consumption, the annexed 22
area within a defunct township described unde r subsection (b) of this section 23
shall: 24
(1) Have all ties to the defunct township related to local 25
option status for the manufacture or sale of alcoholic beverages severed; and 26
(2) Retain the rights and privileges of the inhabitants of the 27
annexing city or annexing incorporated town related to the manufacture or 28
sale of alcoholic beverages. 29
(d) This section is: 30
(1) Temporary; and 31
(2) An exception to existing law related to local option 32
elections for alcoholic beverages. 33
(e)(1) This section shall expire on December 31, 2024. 34
(2) The expiration of this section shall not affect rights 35
acquired under it or affect suits then pending. 36 As Engrossed: S3/7/23 S3/29/23 SB201
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SECTION 2. DO NOT CODIFY. RETROACTIVITY — APPLICABILITY. 2
(a) This act applies retroactively to defunct township areas annexed 3
into a wet city before the effective date of this act only to the extent 4
necessary to authorize permits for the sale of alcoholic beverages for off -5
premises consumption after approval at a local option election called under 6
Section 1 of this act. 7
(b) This act shall apply only to a wet city of the first class with a 8
mayor-council form of government that is contiguous to an active -duty United 9
States Air Force military installation. 10
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/s/J. English 12
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APPROVED: 4/11/23 15
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