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HB1748

To Establish The Law Concerning A Convention Called Under Article V Of The United States Constitution.

Passed

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, 2023
Yea: 20 Nay: 12 NV: 1 Absent: 2 Passed
View 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, 2023
Yea: 61 Nay: 11 NV: 28 Absent: 0 Passed
View 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
Read Full Bill on arkleg.state.ar.us