HB1748
To Establish The Law Concerning A Convention Called Under Article V Of The United States Constitution.
Last Action (April 13, 2023): Notification that HB1748 is now Act 835
Sponsors
AI-Generated Summary
House Bill 1748 establishes the legal framework for the State of Arkansas to participate in a convention called under Article V of the United States Constitution. It defines the selection process for seven delegates and three alternate delegates, who will consist of members of the state legislature and appointed private citizens. The bill mandates that delegates follow legislative instructions regarding the scope of the convention and prohibits them from voting on unauthorized amendments. It requires delegates to take an oath and establishes a Delegate Advisory Group to provide guidance and oversight. Violations of the oath or voting against legislative instructions can result in the removal of a delegate and the nullification of their vote. Furthermore, the bill specifies that knowingly violating the oath constitutes a Class B felony, punishable by imprisonment and a permanent ban from holding public office.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are the members of the Arkansas General Assembly and the state legislative institution itself, as the bill centralizes the state's control over its delegates to a potential Article V convention. Supporters of the 'Convention of States' movement also benefit, as the legislation formalizes the process for Arkansas to participate in such an event while ensuring the state's delegation remains strictly accountable to the specific, limited objectives set by the legislature.
Who Might Suffer?
The individuals most negatively impacted are the appointed delegates and alternate delegates, who face significant personal legal risks, including potential Class B felony charges, the loss of their credentials, and permanent disqualification from public office if they act outside of the legislative instructions provided to them. Additionally, critics of an Article V convention might argue that this legislation restricts the independent judgment and discretion of delegates by subjecting them to strict, potentially narrow, legislative oversight and the threat of criminal prosecution.
Vote Records
Third Reading
April 7, 2023View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Nay |
| Linda Chesterfield | Democrat | Senate | Nay |
| Jonathan Dismang | Republican | Senate | Nay |
| Greg Leding | Democrat | Senate | Nay |
| Missy Irvin | Republican | Senate | Yea |
| Bryan King | Republican | Senate | Nay |
| Kim Hammer | Republican | Senate | Nay |
| Stephanie Flowers | Democrat | Senate | Absent |
| Frederick Love | Democrat | Senate | Nay |
| Terry Rice | Republican | Senate | Yea |
| Reginald Murdock | Democrat | Senate | Nay |
| Gary Stubblefield | Republican | Senate | Yea |
| Jim Dotson | Republican | Senate | Yea |
| John Payton | Republican | Senate | Yea |
| Alan Clark | Republican | Senate | Yea |
| Ronald Caldwell | Republican | Senate | Absent |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Yea |
| Dan Sullivan | Republican | Senate | Yea |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | NV |
| Justin Boyd | Republican | Senate | Nay |
| Clarke Tucker | Democrat | Senate | Nay |
| Scott Flippo | Republican | Senate | Yea |
| Clint Penzo | Republican | Senate | Yea |
| Mark Johnson | Republican | Senate | Yea |
| Ricky Hill | Republican | Senate | Yea |
| Breanne Davis | Republican | Senate | Nay |
| Ben Gilmore | Republican | Senate | Yea |
| Joshua Bryant | Republican | Senate | Yea |
| Matt McKee | Republican | Senate | Yea |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | Nay |
| Tyler Dees | Republican | Senate | Yea |
| Matt Stone | Republican | Senate | Yea |
Third Reading
April 4, 2023View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Fred Allen | Democrat | House | NV |
| Lane Jean | Republican | House | Yea |
| Stephen Meeks | Republican | House | Yea |
| Mark Perry | Democrat | House | Nay |
| Jon Eubanks | Republican | House | Yea |
| Matthew Shepherd | Republican | House | NV |
| Jeff Wardlaw | Republican | House | Yea |
| Bruce Cozart | Republican | House | NV |
| David Whitaker | Democrat | House | Nay |
| Deborah Ferguson | Democrat | House | NV |
| Charlene Fite | Republican | House | NV |
| Mike Holcomb | Republican | House | Yea |
| Stephen Magie | Democrat | House | Nay |
| Mark McElroy | Republican | House | Yea |
| Josh Miller | Republican | House | Yea |
| Richard Womack | Republican | House | Nay |
| Jack Ladyman | Republican | House | NV |
| Robin Lundstrum | Republican | House | Yea |
| Dwight Tosh | Republican | House | Yea |
| Lanny Fite | Republican | House | NV |
| Grant Hodges | Republican | House | Yea |
| Rick Beck | Republican | House | Yea |
| Mary Bentley | Republican | House | Yea |
| Les Eaves | Republican | House | NV |
| Justin Gonzales | Republican | House | Yea |
| Julie Mayberry | Republican | House | NV |
| Ken Ferguson | Democrat | House | NV |
| Ron Mcnair | Republican | House | NV |
| Milton Nicks | Democrat | House | NV |
| Marcus Richmond | Republican | House | Yea |
| Vivian Flowers | Democrat | House | NV |
| Deann Vaught | Republican | House | NV |
| Karilyn Brown | Republican | House | Yea |
| Sonia Eubanks Barker | Republican | House | Yea |
| Frances Cavenaugh | Republican | House | Yea |
| Jack Fortner | Republican | House | Yea |
| Jimmie Gazaway | Republican | House | NV |
| Roger Lynch | Republican | House | Yea |
| John Maddox | Republican | House | Yea |
| Aaron Pilkington | Republican | House | Yea |
| Johnny Rye | Republican | House | Yea |
| Les Warren | Republican | House | Yea |
| Danny Watson | Republican | House | Yea |
| Carlton Wing | Republican | House | Yea |
| Austin Mccollum | Republican | House | Yea |
| Carol Dalby | Republican | House | NV |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | NV |
| Stan Berry | Republican | House | Yea |
| Harlan Breaux | Republican | House | Yea |
| Cameron Cooper | Republican | House | NV |
| Nicole Clowney | Democrat | House | NV |
| Cindy Crawford | Republican | House | NV |
| Denise Garner | Democrat | House | Nay |
| Tippi McCullough | Democrat | House | Nay |
| Jay Richardson | Democrat | House | Nay |
| Jamie Scott | Democrat | House | NV |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Nay |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Nay |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | Yea |
| Kendon Underwood | Republican | House | Yea |
| David Ray | Republican | House | Yea |
| Mark Berry | Republican | House | Yea |
| John Carr | Republican | House | NV |
| Rick McClure | Republican | House | NV |
| Keith Brooks | Republican | House | Yea |
| Delia Haak | Republican | House | NV |
| Ashley Hudson | Democrat | House | Nay |
| Jon Milligan | Republican | House | Yea |
| RJ Hawk | Republican | House | NV |
| Wade Andrews | Republican | House | Yea |
| Rebecca Burkes | Republican | House | Yea |
| DeAnna Hodges | Republican | House | Yea |
| Hope Duke | Republican | House | Nay |
| Zack Gramlich | Republican | House | Yea |
| Mindy McAlindon | Republican | House | Yea |
| Matt Duffield | Republican | House | Yea |
| Stetson Painter | Republican | House | Yea |
| Steve Unger | Republican | House | Yea |
| Wayne Long | Republican | House | Yea |
| Scott Richardson | Republican | House | Yea |
| Brandon Achor | Republican | House | Yea |
| Jeremiah Moore | Republican | House | NV |
| Joey Carr | Republican | House | Yea |
| Matt Brown | Republican | House | Yea |
| Shad Pearce | Republican | House | Yea |
| Chad Puryear | Republican | House | Yea |
| Ryan Rose | Republican | House | Yea |
| Bart Schulz | Republican | House | Yea |
| Trey Steimel | Republican | House | Yea |
| Tara Shephard | Democrat | House | NV |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | NV |
| Brit McKenzie | Republican | House | Yea |
| Steven Walker | Republican | House | Yea |
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