Bill Text: IL HB2596 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the U.S. Constitution Amendment Act. Provides requirements for the selection and duties of delegates to a convention for the proposition of an amendment to the United States Constitution, as provided under Article V of the United States Constitution. Defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2596 Detail]

Download: Illinois-2017-HB2596-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2596 Introduced , by Rep. Robert Martwick SYNOPSIS AS INTRODUCED:
5 ILCS 5/5 new
Amends the U.S. Constitution Amendment Act. Provides requirements for the selection and duties of delegates to a convention for the proposition of an amendment to the United States Constitution, as provided under Article V of the United States Constitution. Defines terms.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The U. S. Constitution Amendment Act is amended
by adding Section 5 as follows:
(5 ILCS 5/5 new)
Sec. 5. Constitution amendment convention.
(a) As used in this Section:
"Article V application" means an application or
resolution passed by the General Assembly applying to
Congress to call an Article V convention.
"Article V convention" means a convention called for
the purpose of proposing an amendment to the United States
Constitution as provided in Article V of the United States
Constitution.
"Delegate" means an individual elected by the General
Assembly, or by any other method provided by law, to
represent the State at an Article V convention.
"Legislative instructions" means instruction given by
the General Assembly to a delegate before or during an
Article V convention.
"Unauthorized amendment" means a proposed amendment or
change to the United States Constitution that is outside

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the scope of the Article V application and legislative
instructions.
(b) A delegate from the State to an Article V convention
may not act in a manner that supports or approves the proposing
of an unauthorized amendment or change to the United States
Constitution by the convention.
(c) A delegate who violates subsection (b) of this Section
is immediately recalled and shall be replaced by an alternate
selected by the General Assembly. An alternate selected by the
General Assembly has the same duties and is subject to the same
requirements and penalties as a delegate selected under this
Section.
(d) Upon selection by the General Assembly, or by any other
method provided by law, a delegate from the State to an Article
V convention shall take the following oath:
"I do solemnly swear (or affirm) that to the best of my
abilities, I will, as a delegate to an Article V
convention, uphold the Constitution and laws of the United
States of America and of the State of Illinois, and that I
will act at all times in accordance with the Article V
application and the legislative instructions given to me as
a delegate. I will not act in a manner that supports or
approves the proposing of an unauthorized amendment or
change to the United States Constitution by the
convention."
(e) The General Assembly shall certify in writing to the

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Article V convention:
(1) the selection of delegates and alternates;
(2) if a delegate is recalled, the recall and
replacement of the delegate with an alternate; and
(3) if a delegate from the State violates subsection
(b) of this Section, the nullification of the action that
violated subsection (b) of this Section.