HB1752
To Exempt Certain Savings Plans From The Execution Of A Judgment.
Last Action (April 16, 2025): Notification that HB1752 is now Act 681
Sponsors
AI-Generated Summary
House Bill 1752 amends existing Arkansas law regarding the exemption of retirement and savings plans from attachment, execution, and seizure for the satisfaction of debts. The bill expands current protections by explicitly adding a category of 'qualified savings plans' that are shielded from legal judgments. These newly protected assets include health savings accounts (HSAs), inherited individual retirement accounts or annuities, qualified tuition programs (529 plans), ABLE accounts (529A programs), and Coverdell education savings accounts. The bill stipulates that these accounts are exempt to the extent that they are either exempt from federal income tax or have taxes deferred until the benefits are paid. It generally maintains the existing structure of exempting retirement plans that qualify under the Internal Revenue Code while broadening the scope to include various specific tax-advantaged savings vehicles.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are Arkansas residents who maintain tax-advantaged savings and investment accounts, such as health savings accounts, 529 education savings plans, ABLE accounts, and inherited IRAs. By shielding these assets from seizure during legal judgments, the bill provides greater financial security for individuals saving for healthcare, education, and family transitions, ensuring these funds remain available for their intended purposes even in the event of personal bankruptcy or legal debt collection.
Who Might Suffer?
The primary entities negatively impacted are creditors, including collection agencies, banks, and individuals who are owed money by debtors. By expanding the list of assets that are exempt from execution and seizure, the bill reduces the pool of reachable assets available to creditors to satisfy legal judgments or court-ordered debt payments. This may result in lower recovery rates for those seeking to collect on unpaid debts.
Vote Records
Third Reading
April 9, 2025View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Jonathan Dismang | Republican | Senate | Yea |
| Greg Leding | Democrat | Senate | Yea |
| Missy Irvin | Republican | Senate | Nay |
| Bryan King | Republican | Senate | NV |
| Kim Hammer | Republican | Senate | NV |
| Stephanie Flowers | Democrat | Senate | Yea |
| Frederick Love | Democrat | Senate | Yea |
| Terry Rice | Republican | Senate | Yea |
| Reginald Murdock | Democrat | Senate | Nay |
| Gary Stubblefield | Republican | Senate | Nay |
| Jim Dotson | Republican | Senate | Yea |
| John Payton | Republican | Senate | Nay |
| Alan Clark | Republican | Senate | Nay |
| Ronald Caldwell | Republican | Senate | Nay |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Nay |
| Dan Sullivan | Republican | Senate | Nay |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | NV |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Nay |
| Scott Flippo | Republican | Senate | Nay |
| Clint Penzo | Republican | Senate | Yea |
| Mark Johnson | Republican | Senate | Yea |
| Ricky Hill | Republican | Senate | Nay |
| Jamie Scott | Democrat | Senate | Yea |
| Breanne Davis | Republican | Senate | Nay |
| Ben Gilmore | Republican | Senate | Yea |
| Joshua Bryant | Republican | Senate | Yea |
| Matt McKee | Republican | Senate | Nay |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | Nay |
| Tyler Dees | Republican | Senate | Yea |
| Matt Stone | Republican | Senate | Yea |
Third Reading
April 2, 2025View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Tracy Steele | Democrat | House | Yea |
| Fred Allen | Democrat | House | Yea |
| Lane Jean | Republican | House | Yea |
| Stephen Meeks | Republican | House | Yea |
| Mark Perry | Democrat | House | Yea |
| Jon Eubanks | Republican | House | Yea |
| Matthew Shepherd | Republican | House | Yea |
| Jeff Wardlaw | Republican | House | NV |
| Bruce Cozart | Republican | House | Yea |
| David Whitaker | Democrat | House | Yea |
| Mike Holcomb | Republican | House | Yea |
| Stephen Magie | Democrat | House | Yea |
| Mark McElroy | Republican | House | Yea |
| Richard Womack | Republican | House | Yea |
| Jack Ladyman | Republican | House | Yea |
| Robin Lundstrum | Republican | House | Yea |
| Dwight Tosh | Republican | House | Yea |
| Rick Beck | Republican | House | Yea |
| Mary Bentley | Republican | House | Yea |
| Les Eaves | Republican | House | Yea |
| Justin Gonzales | Republican | House | Nay |
| Julie Mayberry | Republican | House | Yea |
| Ken Ferguson | Democrat | House | NV |
| Ron Mcnair | Republican | House | Yea |
| Marcus Richmond | Republican | House | Yea |
| Deann Vaught | Republican | House | Yea |
| Karilyn Brown | Republican | House | Yea |
| Sonia Eubanks Barker | Republican | House | Yea |
| Frances Cavenaugh | Republican | House | Nay |
| Jimmie Gazaway | Republican | House | Yea |
| 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 |
| Carlton Wing | Republican | House | Yea |
| Austin Mccollum | Republican | House | Yea |
| Carol Dalby | Republican | House | Yea |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | Yea |
| Stan Berry | Republican | House | Yea |
| Harlan Breaux | Republican | House | Yea |
| Cameron Cooper | Republican | House | Yea |
| Nicole Clowney | Democrat | House | Yea |
| Cindy Crawford | Republican | House | Yea |
| Denise Garner | Democrat | House | Yea |
| Tippi McCullough | Democrat | House | Yea |
| Jay Richardson | Democrat | House | Yea |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Yea |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Yea |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | NV |
| Kendon Underwood | Republican | House | Yea |
| David Ray | Republican | House | Yea |
| John Carr | Republican | House | Yea |
| Rick McClure | Republican | House | Yea |
| Keith Brooks | Republican | House | Yea |
| Ashley Hudson | Democrat | House | Yea |
| Jon Milligan | Republican | House | Yea |
| RJ Hawk | Republican | House | Yea |
| Wade Andrews | Republican | House | Yea |
| Rebecca Burkes | Republican | House | Yea |
| Hope Duke | Republican | House | Yea |
| 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 | Yea |
| 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 | Yea |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | Yea |
| Brit McKenzie | Republican | House | NV |
| Steven Walker | Republican | House | Yea |
| Glenn Barnes | Democrat | House | Yea |
| Lincoln Barnett | Democrat | House | Yea |
| Alyssa Brown | Republican | House | Yea |
| Nick Burkes | Republican | House | Yea |
| Paul Childress | Republican | House | Yea |
| James Eaton | Republican | House | Yea |
| Brad Hall | Republican | House | Yea |
| Dolly Henley | Republican | House | Yea |
| Jessie McGruder | Democrat | House | Yea |
| Jason Nazarenko | Republican | House | Yea |
| Randy Torres | Republican | House | Yea |
| Diana Gonzales Worthen | Democrat | House | Yea |
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