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REFERENCE TITLE: U.S. constitution; convention; delegates |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2397 |
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Introduced by Representative Dial
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AN ACT
amending title 16, chapter 4, article 14, Arizona Revised Statutes, by adding section 16‑712; relating to constitutional conventions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 14, Arizona Revised Statutes, is amended by adding section 16‑712, to read:
16-712. Delegates and alternates; appointment; oath; limitations; violation; classification; definitions
A. If an article V convention is called, the legislature shall appoint the delegates and alternates to represent this state. Each delegate must be a resident of this state. The legislature may recall a delegate or alternate and may appoint a new delegate or alternate at any time.
B. When the delegates and alternates are appointed, the legislature shall prescribe instructions regarding the scope of matters that the delegates and alternates may consider and vote on at the article V convention, including rules of procedure and proposed amendments. The legislature may amend the instructions before or during the convention.
C. Each delegate or alternate shall take and subscribe an oath or affirmation to agree to abide by the instructions prescribed by the legislature for participation in the article V convention.
D. A delegate or alternate may not vote on a proposed amendment:
1. That varies from the exact text of the amendment contained in the article V application.
2. That is outside the scope of the subject matter contained in the instructions prescribed by the legislature.
E. A delegate or alternate who casts a vote in violation of this section shall be immediately recalled by an official or committee authorized by the legislature. The official or committee shall certify in writing to the article V convention the nullification of the unauthorized vote cast by a delegate in violation of this section.
F. A delegate or alternate who knowingly violates this section is guilty of a class 6 felony.
G. For the purposes of this section:
1. "Article V application" means a resolution that is passed by the legislature on the same subject or that contains the same proposed amendment text as thirty-three other sovereign states and that requires Congress to call an article V convention by setting the time and place.
2. "Article V convention" means a convention for proposing amendments for ratification to the constitution of the united states as expressly provided in article V of the Constitution of the United States.
3. "Delegate" or "alternate" means a person appointed by the legislature to represent this state at an article V convention.