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House Engrossed
technical correction; international registered nurses (now: constitutional convention; faithless delegates) |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2037 |
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An Act
amending title 41, chapter 7, article 1, Arizona Revised Statutes, by adding section 41-1108; relating to constitutional amendments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 41-1108, to read:
41-1108. Constitutional convention; state delegates; violation; classification; oath; definitions
A. Any approved amendment to the united states CONSTITUTION shall be ratified by a bill passed by the LEGISLATURE and approved by the governor.
B. A person in this state who is a faithless constitutional convention delegate is guilty of a class 2 felony AND IS SUBJECT TO A CIVIL PENALTY OF at least $5,000. A FAITHLESS CONSTITUTIONAL CONVENTION DELEGATE SHALL BE IMMEDIATELY RECALLED FROM THE DELEGATION.
C. any delegate of this state shall take the following oath of office before accepting the delegate's appointment:
I, _____, do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to a convention for proposing an amendment to the united states constitution, uphold the Constitution and laws of the United States and the State of Arizona.
I will not vote to allow consideration of or to approve any amendment proposed for ratification to the United States Constitution that is unrelated to the specified subject or subjects of the approved call of the convention from Congress and from not less than two-thirds of the states that submitted applications. I will also abide by any other instructions from the Legislature of the State of Arizona if the instructions are not contrary to the subject matter that was specified by Congress and not less than two-thirds of the states.
I acknowledge that any violation of this oath shall result in being immediately recalled by the Legislature of the State of Arizona or its authorized committee, subject to civil penalty of at least $5,000 and guilty of a class 2 felony.
d. A delegate WHO IS AWARE OF ANY VIOLATION OF THE OATH OR ANY OTHER VIOLATION BY a delegate SHALL REPORT THE VIOLATION TO THE ATTORNEY GENERAL, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
guilty
to a class 2 felony.
[C. A delegate WHO IS AWARE OF ANY
VIOLATION OF THE OATH OR ANY OTHER VIOLATION BY a delegate SHALL REPORT THE
VIOLATION TO THE ATTORNEY GENERAL, THE PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES.]
[I, ______________,
do solemnly swear or affirm that to the best of my abilities, I will, as a
member or alternate member of the delegation to a convention for proposing an
amendment, uphold the Constitution and laws of the United States and the State
of Arizona.
I will not vote to allow consideration of or to approve
any amendment proposed for ratification to the United States Constitution that
is unrelated to the specified subject or subjects of the approved call of the
convention from Congress and from not less than two-thirds
of the states that submitted applications. I will also abide by any
other instructions from the Legislature of the State of Arizona if the
instructions are not contrary to the subject matter that was specified by
Congress and not less than
two-thirds of the states.
I acknowledge that any violation of this oath shall
result in being immediately recalled by the Legislature of the State of Arizona
or its authorized committee and being subject to civil penalty of not less than
$5,000, as well as being subject to criminal charges.
e. For the purposes of this section:
1. "delegate" means A MEMBER OF A DELEGATION or an alternate to the delegation TO A CONSTITUTIONAL CONVENTION who HAS BEEN ELECTED, APPOINTED OR SELECTED FOR THAT POSITION.
1. "Delegate" means A MEMBER OF A DELEGATION TO A
CONSTITUTIONAL CONVENTION THAT HAS BEEN ELECTED, APPOINTED OR SELECTED FOR THAT
POSITION OR HAS BEEN ELECTED, APPOINTED OR SELECTED AS AN ALTERNATE TO THE
DELEGATION.
2. "Faithless constitutional convention delegate" means a person who is a delegate to a constitutional convention and who knowingly casts a vote or takes any official action in furtherance of subject matter that differs from the legal convention scope.
3. "LEGAL CONVENTION SCOPE" MEANS THE SUBJECT MATTER THAT HAS BEEN SPECIFIED IN THE APPLICATION FOR a CONVENTION OF STATES BY NOT LESS THAN TWO-THIRDS OF THE STATES IN THEIR CALLS FOR A CONVENTION of the states, IN THE CALL FOR THE CONVENTION OF STATES FROM CONGRESS AND BY THE LEGISLATURE OF THIS STATE IN ITS APPLICATION FOR A CONVENTION OF STATES.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.