Bill Text: AZ HCR2022 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Balanced budget convention; delegates
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-03-30 - Transmitted to Secretary of State [HCR2022 Detail]
Download: Arizona-2017-HCR2022-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE CONCURRENT RESOLUTION 2022 |
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A CONCURRENT RESOLUTION
providing for the selection and instruction of commissioners to an article V convention for proposing an amendment to the Constitution of the United States.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Whereas, the Legislature of the State of Arizona determines that a significant number of states have passed resolutions applying for a convention of states to propose amendments pursuant to Article V of the Constitution of the United States, thereby rendering it appropriate to select and instruct commissioners to any such convention.
Therefore
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. That, if a convention for proposing an amendment to the Constitution of the United States is called by Congress pursuant to Article V of the Constitution of the United States, the State of Arizona shall send a delegation to the Article V convention.
2. That the delegation shall be composed of at least one, but not more than seven, commissioners and an equal number of paired alternates. Each member of the delegation shall be an elected member of the Legislature of the State of Arizona at the time of selection and during the term of office.
3. That the delegation shall be selected in the following manner:
(a) At a time jointly determined by the Speaker of the House of Representatives and the President of the Senate, the House of Representatives shall meet to select not more than three commissioners and three paired alternates and the Senate shall meet to select not more than three commissioners and three paired alternates.
(b) The Speaker of the House of Representatives and the President of the Senate shall jointly choose one commissioner and one paired alternate.
(c) If the delegation is not selected before the convening of the Nashville Balanced Budget Amendment Planning Convention in July of 2017, the Speaker of the House of Representatives and the President of the Senate shall jointly appoint a temporary delegation of commissioners and alternates to represent Arizona at the Nashville convention. The delegation to the Nashville convention is subject to the same instructions and restrictions provided in this resolution for the delegation to the Article V convention.
4. That, after the Article V convention is convened, if a commissioner is not able to participate in the Article V convention either permanently or temporarily, the commissioner's respective alternate shall replace the commissioner for the time the commissioner is unable to serve. If an alternate who replaces the commissioner is not able to participate in the Article V convention, then the delegation shall choose a replacement from the remaining alternates.
5. That the delegation shall choose its presiding officer and organize in the manner it desires.
6. That the delegation has authority to represent the Legislature of the State of Arizona at formal and informal planning sessions related to the Article V convention, including the Nashville Balanced Budget Amendment Planning Convention, which will convene in July of 2017, to conduct community meetings and hearings throughout this state before the Article V convention, and to correspond with other state commissioners and delegations, provided, however, that the delegation and its members shall at all times adhere to the oath and instructions prescribed by this resolution.
7. That the Legislature of the State of Arizona shall provide the delegation with necessary support staff and pay all of the costs of attending the Nashville convention and the Article V convention and all planning meetings, community meetings and hearings, subject to available appropriations made for that purpose.
8. That the term of office for each member of the delegation shall end on the adjournment of the Article V convention.
9. That a member of a delegation who knows of any violation of the oath or other misbehavior by a commissioner shall report it to the Article V Convention Committee established by this resolution.
10. That commissioners and alternates shall take the following oath of office before accepting their appointment:
I do solemnly swear or affirm that to the best of my abilities, I will, as a commissioner (alternate commissioner) to a convention for proposing an amendment, uphold the Constitution and laws of the United States and the State of Arizona.
I will abide by my specific instructions from the Legislature of the State of Arizona. I will not discuss or vote to allow consideration of or to approve any amendment proposed for ratification to the United States Constitution that is unrelated to the subject of the approved call of the convention.
I will vote only for convention rules that provide that each state have one equal vote and that a state or commissioner shall not be allowed to propose an amendment that is unrelated to the approved call of the convention. I acknowledge that any violation of this oath may result in being recalled by the Legislature of the State of Arizona or its authorized committee.
11. That an Article V Convention Committee shall be composed of three members, one appointed by the Speaker of the House of Representatives of the State of Arizona, one appointed by the President of the Senate of the State of Arizona and one appointed jointly by the Speaker and President. A member of the Article V Convention Committee may not be a member of the delegation. The duties of the Article V Convention Committee include:
(a) Monitoring the delegation to determine if it is following legislative instructions and obeying convention rules.
(b) Advising the delegation on the legislature's position on issues before the convention.
(c) Disciplining any commissioner who violates the oath of office or instructions or is otherwise guilty of malfeasance or nonfeasance; discipline may include recall from the convention or demotion to the office of alternate commissioner.
(d) Notifying the convention that a commissioner has been recalled or demoted to an alternate commissioner.
(e) Replacing any recalled commissioner.
12. That commissioners shall vote only for Article V convention rules consistent with the following principles:
(a) The convention is convened under the authority granted to the state legislatures of the several states by Article V of the Constitution of the United States.
(b) The only participants at this convention are the several states represented by their respective delegations duly selected in the manner that their respective legislatures have determined.
(c) The scope of the convention's authority is defined by applications adopted by at least two-thirds of the legislatures of the several states, which authority is limited to the subject of the approved call of the convention. The convention has no authority to propose or discuss an amendment on any other subject outside the approved call of the convention.
(d) The convention shall provide for disciplining a commissioner or delegation for exceeding the scope of the convention's authority by raising subjects for discussion or debate that lie outside the convention's authority.
(e) The convention shall not infringe on the respective state legislatures' authority to instruct, discipline, recall and replace commissioners.
(f) All voting at the convention or in a committee shall be by state with each state having one vote without apportionment or division. Each state legislature shall determine the internal voting and quorum rules for casting the vote of its delegation.
