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HB1832

To Amend The Rules Of The Supreme Court And Court Of Appeals Of The State Of Arkansas; And To Amend A Rule Of The Supreme Court And Court Of Appeals Under The Authority Granted By The Arkansas Constitution.

Passed

Last Action (April 22, 2025): Notification that HB1832 is now Act 975

Sponsors

AI-Generated Summary

House Bill 1832 seeks to amend the Rules of the Arkansas Supreme Court and Court of Appeals, as well as the Arkansas Code, to establish the Court of Appeals as the court of exclusive original jurisdiction for 'facial constitutional challenges.' A facial constitutional challenge is defined as a case where a party seeks to have a legislative act, a provision of the Arkansas Code, or an administrative rule declared unconstitutional in all of its applications. Under the bill, these cases would be initiated in the Court of Appeals rather than the circuit court, and the procedure would conform to bench trials. Decisions made by the Court of Appeals in these matters would be subject to appeal to the Arkansas Supreme Court. The bill also makes various technical amendments to appellate rules and specifies that it will take effect on November 1, 2025.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are the state government and the Arkansas General Assembly, as the bill centralizes the initial judicial review of state laws in the Court of Appeals, potentially streamlining the process for defending the constitutionality of legislative acts. It may also provide a more predictable and specialized forum for handling systemic constitutional challenges to state-level administrative rules and regulations.

Who Might Suffer?

The primary groups negatively impacted are plaintiffs, such as individual citizens, organizations, or businesses, who wish to challenge the constitutionality of a law. By bypassing the traditional circuit court level, these parties may face increased logistical burdens, travel requirements, or costs associated with litigating in the Court of Appeals, which is typically an appellate body not structured for original trial-level evidence gathering. Additionally, circuit courts will see a reduction in their jurisdiction over these specific types of constitutional cases.

Vote Records

Third Reading

April 15, 2025
Yea: 26 Nay: 7 NV: 2 Absent: 0 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate NV
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Nay
Missy Irvin Republican Senate Yea
Bryan King Republican Senate NV
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Nay
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 Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Nay
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
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
Jamie Scott Democrat Senate Nay
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate Yea
Matt Stone Republican Senate Yea

Third Reading

April 9, 2025
Yea: 75 Nay: 19 NV: 6 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Nay
Fred Allen Democrat House Nay
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Nay
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Nay
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Nay
Mark McElroy Republican House Yea
Richard Womack Republican House NV
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 Yea
Julie Mayberry Republican House NV
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 Yea
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 NV
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Nay
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Nay
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Nay
Cindy Crawford Republican House Yea
Denise Garner Democrat House Nay
Tippi McCullough Democrat House Nay
Jay Richardson 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
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House Nay
Jon Milligan Republican House NV
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 Nay
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 Nay
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Glenn Barnes Democrat House Nay
Lincoln Barnett Democrat House Nay
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 Nay
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House Nay
Read Full Bill on arkleg.state.ar.us