Bill Text: AZ SB1360 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

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Bill Title: Convention; delegates; oath; limitations

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-02-05 - Referred to Senate RULES Committee [SB1360 Detail]

Download: Arizona-2014-SB1360-Introduced.html

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REFERENCE TITLE: convention; delegates; oath; limitations

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SB 1360

 

Introduced by

Senators Ward, Crandell

 

 

An act

 

amending title 1, Arizona Revised Statutes, by adding chapter 7; 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 1, Arizona Revised Statutes, is amended by adding chapter 7, to read:

CHAPTER 7

CONSTITUTIONAL CONVENTION

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE1-701.  Definitions

In this chapter, unless the context otherwise requires:

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 who is selected by the legislature or other method provided by law to represent this state at an article V convention.

4.  "Unauthorized amendment" means a proposed amendment for ratification to the Constitution of the United States that is outside of the subject matter of the article V application, the call to an article V convention or any legislative instruction. END_STATUTE

START_STATUTE1-702.  Appointment of delegates; residency; scope of authority

A.  When an Article V convention is called, the legislature shall assemble to appoint the number of delegates required to represent this state at the convention and shall appoint an equal number of alternates.

B.  Delegates and alternates shall be residents of this state.

C.  By joint resolution at any time, the legislature may recall delegates or alternates or both or appoint new delegates or new alternates.

D.  At the time of appointment and by joint resolution, the legislature shall prescribe the scope of matters that may be considered and voted on at the convention, including rules of procedure and proposed amendments.  The legislature may amend its instructions at any time by joint resolution before or during the convention.END_STATUTE

START_STATUTE1-703.  Delegate limitations

A.  A delegate from this state to an article V convention may not vote to allow consideration of or to approve an unauthorized amendment for ratification to the Constitution of the United States.

B.  A person who violates this section shall be immediately recalled by an official or committee authorized by the legislature and replaced by an alternate. END_STATUTE

START_STATUTE1-704.  Delegate oath; violation; classification

A.  Each delegate or alternate from this state to an article V convention shall take and subscribe the following oath or affirmation:

State of Arizona, County of _________, I, _________ (type or print name) do solemnly swear (or affirm) that I will, as a delegate or alternate to an article V convention, uphold the Constitution and laws of the United States and the State of Arizona to the best of my ability.  I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the Constitution of the United States, so help me God (or so I do affirm).

____________________

   (Signature of delegate or alternate)

B.  A delegate or alternate who violates the oath or affirmation prescribed in subsection A of this section is guilty of a class 6 felony. END_STATUTE

START_STATUTE1-705.  Certification

The legislature or an official or committee authorized by the legislature shall certify in writing to the article V convention the following:

1.  The selection of delegates and alternates.

2.  The recall and replacement of a delegate with an alternate.

3.  The nullification of unauthorized votes cast by a delegate or alternate. END_STATUTE