Bill Text: AZ HB2433 | 2014 | Fifty-first Legislature 2nd Regular | Introduced

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Bill Title: Convention; delegates; limitations; oath

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2014-02-03 - Referred to House FFR Committee [HB2433 Detail]

Download: Arizona-2014-HB2433-Introduced.html

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REFERENCE TITLE: convention; delegates; limitations; oath

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2433

 

Introduced by

Representatives Thorpe, Barton, Borrelli, Gowan, Kwasman, Livingston, Orr, Smith, Stevens, Townsend, Senator Barto: Representatives Boyer, Fann, Montenegro, Olson, Petersen, Seel, Senators Burges, Crandell, Farnsworth D, Griffin, Melvin, Shooter, Ward

 

 

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

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.  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_STATUTE1-703.  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).

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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. END_STATUTE

START_STATUTE1-704.  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