Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       H3/28/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1616
 4
 By: Representative Cavenaugh
 By: Senator Flippo
 7
                                   For An Act To Be Entitled
                AN ACT TO AMEND THE LAW CONCERNING PUBLICATION OF
                NOTICE; TO ALLOW THE PUBLICATION OF NOTICE ON A
                WEBSITE; TO AMEND THE LAW CONCERNING COUNTIES AND
                MUNICIPALITIES AND PUBLICATION; TO AMEND THE LAW
                CONCERNING ELECTIONS; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING PUBLICATION
                         OF NOTICE; TO ALLOW THE PUBLICATION OF
                         NOTICE ON A WEBSITE; TO AMEND THE LAW
                         CONCERNING COUNTIES AND MUNICIPALITIES
                         AND PUBLICATION; AND TO AMEND THE LAW
                         CONCERNING ELECTIONS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.       Arkansas Code § 2-38-405 is amended to read as follows:
        2-38-405.        Notice of impounding.
        When an animal found running at large along or on any public highway is
 delivered to the enclosure provided by the county court, the sheriff shall
 give notice of the impounding of the animal by causing a description of the
 animal to be inserted in some newspaper of general circulation in the county
 at least once a week for three (3) weeks or published on a website that meets
 the criteria under § 25-1-126. In addition to a description of the animal,
 the published notice shall also state the place where the animal was found
 running at large and the date and time of its being taken up.
     *MLD289*                                                                    03-28-2023 12:59:33 MLD289
     As Engrossed:      H3/28/23                                                  HB1616
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      SECTION 2.      Arkansas Code § 3-3-312(c), concerning notice after seizure
 of alcoholic beverages, is amended to read as follows:
      (c)     The mayor or the county judge, as the case may be, shall cause a
 notice to be published. This shall be done within three (3) days after being
 authorized by the court to sell the seized intoxicating liquors. The notice
 shall be published in a newspaper having a countywide circulation and shall
 appear in the newspaper twice within a thirty-day period, fifteen (15) days
 apart or on a website that meets the criteria under § 25-1-126 for thirty
 (30) days.    The notice shall contain a list of the beverages authorized to be
 sold by the court, the approximate retail value thereof, the person, if
 known, from whom taken, the place where seized, and the advice that the
 beverages will be sold by the mayor or the county judge, as the case may be,
 at the expiration of thirty (30) days from the first published notice.
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      SECTION 3.      Arkansas Code § 3-9-206(b)(2), concerning notice of a
 referendum election, is amended to read as follows:
      (2)     The order of the quorum court shall fix the date of the election
 not more than ninety (90) days from the date of the order and give notice
 thereof by publication in a newspaper of general circulation in the city or
 county by at least two (2) insertions, the last being not less than ten (10)
 days prior to before the election or on a website that meets the criteria
 under § 25-1-126 for two (2) weeks before.
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      SECTION 4.      Arkansas Code § 5-5-101(e), concerning notice of sale of
 seized property, is amended to read as follows:
      (e)     The time and place of sale of seized property shall be advertised:
              (1)    For at least fourteen (14) days next before the day of sale
 by posting written notice at the courthouse door; and
              (2)    By publication in the form of at least two (2) insertions,
 at least three (3) days apart, before the day of sale in a weekly or daily
 newspaper published or customarily distributed in the county or on a website
 that meets the criteria under § 25-1-126.
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      SECTION 5.      Arkansas Code § 5-5-304(d)(1), concerning notice of sale of
 forfeited property, is amended to read as follows:
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     As Engrossed:           H3/28/23                                                 HB1616
          (d)(1)     If a law enforcement agency desires to sell property forfeited
 to it pursuant to under § 5-5-302, the law enforcement agency shall first
 cause notice of the sale to be made by publication at least two (2) times a
 week for two (2) consecutive weeks in a newspaper having general circulation
 in the county or on a website that meets the criteria under § 25-1-126 and
 sending a copy of the notice of the sale by certified mail, return receipt
 requested, to any person having ownership of or a security interest in the
 property or in the manner provided in Rule 4 of the Arkansas Rules of Civil
 Procedure, if:
                           (A)   The property is of a type for which title or
 registration is required by law;
                           (B)   The owner of the property is known in fact to the law
 enforcement agency at the time of seizure; or
                           (C)   The property is subject to a security interest
 perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.
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          SECTION 6.       Arkansas Code § 5-62-106(a)(3), concerning notice of
 seizure of an animal, is amended to read as follows:
                   (3)    If the owner of the animal cannot be determined, a written
 notice regarding the seizure of the animal shall be conspicuously posted
 where the animal is seized at the time the seizure occurs if practicable and
 a notice shall be published in a local newspaper of general circulation in
 the jurisdiction where the animal was seized at least two (2) times each
 week, or on a website that meets the criteria under § 25-1-126, for two (2)
 consecutive weeks, with the first notice published within three (3) days of
 the seizure, and no less than at least five (5) days before a hearing
 conducted under this section.
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          SECTION 7.       Arkansas Code § 5-65-117(b)(1), concerning notice of
 seizures and sales of motor vehicles, is amended to read as follows:
          (b)(1)     The county sheriff shall advertise the motor vehicle or
 motorboat for sale for a period of two (2) weeks prior to before the date of
 sale by at least one (1) insertion per week in a newspaper having a bona fide
 circulation in the county or on a website that meets the criteria under § 25-
 1-126.
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                                                 3               03-28-2023 12:59:33 MLD289
     As Engrossed:    H3/28/23                                                 HB1616
      SECTION 8.    Arkansas Code § 5-73-130(m)(1), concerning notice of sale
 of a forfeited motor vehicle, is amended to read as follows:
      (m)(1)     If a law enforcement agency desires to sell a forfeited motor
 vehicle, the law enforcement agency shall first cause notice of the sale to
 be made by publication at least two (2) times a week for two (2) consecutive
 weeks in a newspaper having general circulation in the county, or on a
 website that meets the criteria under § 25-1-126, and by sending a copy of
 the notice of the sale by certified mail, return receipt requested, to each
 person having ownership of or a security interest in the property or in the
 manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if:
                    (A)   The property is of a type for which title or
 registration is required by law;
                    (B)   The owner of the property is known in fact to the law
 enforcement agency at the time of seizure; or
                    (C)   The property is subject to a security interest
 perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.
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      SECTION 9.    Arkansas Code § 7-5-101(e)(2)(C), concerning the
 establishment and alteration of precinct boundaries, polling sites, and vote
 centers, is amended to read as follows:
                    (C)   Notice of a change made to a vote center location
 shall be posted at the vote center location used in the last election, and
 except for school elections and special elections, the notice shall be
 published in a newspaper of general circulation in the county or on a website
 that meets the criteria under § 25-1-126 at least fifteen (15) days before
 the election.
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      SECTION 10.    Arkansas Code § 7-5-202(a)(1), concerning public notice of
 elections, is amended to read as follows:
      (a)(1)     It shall be the duty of the county board of election
 commissioners at least eight (8) days before the beginning of early voting
 for a preferential primary, general primary, general election, general
 runoff, school, or special election to give public notice in a newspaper of
 general circulation in the county or by publication on a website that meets
 the criteria under § 25-1-126 of:
                    (A)   The date of the election;
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     As Engrossed:       H3/28/23                                                   HB1616
                       (B)   The hours of voting on election day;
                       (C)   The places and times for early voting;
                       (D)   Polling sites for holding the elections in the county;
                       (E)   The candidates and offices to be elected at that time;
                       (F)   The time and location of the opening, processing,
 canvassing, and counting of ballots;
                       (G)   The location where lists of appointed election
 officials, deputy county clerks, or additional deputies hired to conduct
 early voting can be found and the dates the lists are available; and
                       (H)   Directions for filing a written objection to the
 service of an election official, deputy county clerk, or additional deputy.
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      SECTION 11.       Arkansas Code § 7-5-202(b)(1), concerning public notice of
 elections, is amended to read as follows:
      (b)(1)     At least five (5) days before a preferential primary, general
 primary, general election, general runoff, school election, or special
 election, a copy of the public notice may be posted at each polling site
 fixed for holding the election and shall be published in a newspaper of
 general circulation in the county or on a website that meets the criteria
 under § 25-1-126.
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      SECTION 12.       Arkansas Code § 7-5-207(c)(2), concerning ballots, names
 included on ballots, and the draw for ballot position, is amended to read as
 follows:
               (2)    Notice of the public meeting shall be given by publication
 in a newspaper of general circulation in the county or published on a website
 that meets the criteria under § 25-1-126 at least three (3) days before the
 drawing.
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      SECTION 13.       Arkansas Code § 7-5-509(a)(2), concerning voting machines
 used for demonstration, is amended to read as follows:
               (2)    Public notice of the times and places where voting machines
 will be exhibited shall be given at least forty-eight (48) hours before the
 first date of demonstration by publication one (1) time in one (1) or more
 daily or weekly newspapers published in the town, city, or county using the
 machines if a newspaper is published in the town, city, or county or on a
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     As Engrossed:       H3/28/23                                                 HB1616
 website that meets the criteria under § 25-1-126.
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      SECTION 14.       Arkansas Code § 7-5-515(c)(2)(A), concerning the
 preparation of voting machines for an election, including logic and accuracy
 testing and public testing, is amended to read as follows:
                       (A)   The county board of election commissioners shall give
 public notice of the time and place of the test at least forty-eight (48)
 hours prior to before the public test by publication one (1) time in one (1)
 or more daily or weekly newspapers published in the town, city, or county
 using the machines if a newspaper is published in the town, city, or county
 or on a website that meets the criteria under § 25-1-126;
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      SECTION 15.       Arkansas Code § 7-5-516 is amended to read as follows:
      7-5-516. Notice to candidates of preparation — Rules and statutes
 unaffected.
      Before the county board of election commissioners begins the
 preparation of the machines for any election, it shall publish a notice in a
 newspaper of general circulation in the county or on a website that meets the
 criteria under § 25-1-126 stating:
               (1)    The time and place the machines will be prepared for the
 election; and
               (2)    A time at which one (1) representative of each candidate may
 inspect to see that the machines are in proper condition for use in the
 election.
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               SECTION 16.      Arkansas Code § 7-5-611(b)(1), concerning
 preparation of electronic vote tabulating devices, tests, and disposition of
 voting materials, is amended to read as follows:
               (1)    The county board of election commissioners shall provide
 public notice of the time and place of the public test at least forty-eight
 (48) hours prior thereto by publication one (1) time in one (1) or more daily
 or weekly newspapers published in the town, city, or county using the
 devices, if a newspaper is published therein in the town, city, or county on
 a website that meets the criteria under § 25-1-126;
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      SECTION 17.       Arkansas Code § 7-7-305(b)(2), concerning printing of
                                              6               03-28-2023 12:59:33 MLD289
     As Engrossed:    H3/28/23                                                 HB1616
 ballots, their form, and the draw for ballot position, is amended to read as
 follows:
            (2)    The county board of election commissioners shall give at
 least ten (10) days' written notice of the time and place of the meeting to
 the chairs of the county committees if the chairs are not members of the
 county board of election commissioners, and at least three (3) days before
 the meeting, shall publish notice of the time and place of holding the
 meeting in some newspaper of general circulation in the county or on a
 website that meets the criteria under § 25-1-126.
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      SECTION 18.    Arkansas Code § 7-11-103(b), concerning filling vacancies
 in state, federal, or district offices, is amended to read as follows:
      (b)   The county board of election commissioners shall cause the
 proclamation, ordinance, resolution, order, or other authorized document to
 be published as soon as practicable in a newspaper of general circulation in
 the county in which the special election is held or on a website that meets
 the criteria under § 25-1-126.
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      SECTION 19.    Arkansas Code § 7-11-104(b), concerning filling vacancies
 in local offices, is amended to read as follows:
      (b)   The county board of election commissioners shall cause the
 proclamation, ordinance, resolution, order, or other authorized document to
 be published as soon as practicable in a newspaper of general circulation in
 the county in which the special election is held or on a website that meets
 the criteria under § 25-1-126.
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      SECTION 20.    Arkansas Code § 7-11-202(b), concerning calling special
 elections on state measures or questions, is amended to read as follows:
      (b)   The county board of election commissioners shall publish the
 document as soon as practicable in a newspaper of general circulation in the
 county in which the special election is held or on a website that meets the
 criteria under § 25-1-126.
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      SECTION 21.    Arkansas Code § 7-11-203(b), concerning calling special
 elections on local measures or questions, is amended to read as follows:
      (b)   The county board of election commissioners shall publish the
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     As Engrossed:       H3/28/23                                                 HB1616
 document as soon as practicable in a newspaper of general circulation in the
 county in which the special election is held or on a website that meets the
 criteria under § 25-1-126.
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      SECTION 22.       Arkansas Code § 8-5-606(b)(3), concerning notice of
 wastewater projects or solid waste disposal projects privatization contracts,
 is amended to read as follows:
               (3)    The notice shall be published in a newspaper having general
 circulation within the county in which a substantial portion of the
 wastewater project or solid waste disposal project is located by one (1)
 publication each week for a period of two (2) weeks. The first publication