Bill Text: AZ HB2145 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Convention; delegates; limitations; oath
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2015-01-22 - Referred to Senate RULES Committee [HB2145 Detail]
Download: Arizona-2015-HB2145-Introduced.html
REFERENCE TITLE: convention; delegates; limitations; oath |
State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2145 |
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Introduced by Representatives Thorpe, Borrelli, Finchem, Livingston, Townsend: Allen J, Montenegro, Senator Ward
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AN ACT
amending title 1, Arizona Revised Statutes, by adding chapter 7; relating to state convention for proposing amendments.
(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
STATE CONVENTION FOR PROPOSING AMENDMENTS
ARTICLE 1. GENERAL PROVISIONS
1-701. 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.
1-702. 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 must be immediately recalled by an official or committee authorized by the legislature and replaced by an alternate.
1-703. Delegate oath; violation; classification
A. Each delegate or alternate from this state to an article V convention must 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).
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(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 2 misdemeanor.
1-704. Certification
The legislature or an official or committee authorized by the legislature must 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.