Code Revision Commission follows precedent and treats repeal as prevailing where Acts conflict

The Arkansas Code Revision Commission decided to give effect to a repeal in Act 500 rather than to revive an earlier amended provision from Act 762, following the commission's ordinary practice that a repeal prevails even when amendments appear in the same session.

Staff explained that Act 762 amended a subsection of Ark. Code §3-92-21(b)(1)(A), but Act 500 later repealed that same subsection. Commissioners had held the item over from the June meeting to seek input from the Alcohol Beverage Control Division. Christy Bjornson, regulatory administrator for Alcohol Beverage Control, said the agency saw no implementation problem either way and that the two acts both addressed private‑club sales in ways that the agency could administer.

Commissioners noted prior practice that a repealer is effective and that a later amendment does not revive a repealed subsection. Representative Jimmy Gazzaway moved that Act 500 prevail; Senator Moriah Bridal seconded. The motion carried and staff will mark the provision as repealed in the supplement and online code.

Commissioners recorded that Senator Irvin had told staff she was comfortable with the agency's ability to implement the later act if ABC confirmed feasibility. No further action was required by the commission.