November 27, 2018, Introduced by Rep. LaFave and referred to the Committee on Government Operations.
A bill to provide for the appointment of article V convention
commissioners and alternates; to provide for the powers and duties
of those commissioners and alternates; and to provide for the
duties of certain state governmental officials.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"article V commissioner authorization, instruction, and recall
act".
Sec. 3. As used in this act:
(a) "Article V" means article V of the Constitution of the
United States.
(b) "Article V application" means a joint resolution passed by
the legislature calling for an article V convention on the same
subject as called for by 2/3 of the states.
(c) "Article V convention" means a convention for proposing
amendments to the Constitution of the United States called for by
the states under article V.
(d) "Commissioner" or "alternate" means an individual
appointed to represent this state at an article V convention.
(e) "Legislative instructions" means the instructions from the
legislature given to the commissioners and alternates before and
during an article V convention.
(f) "Unauthorized amendment" means a proposed amendment to the
Constitution of the United States that is not within the subject
matter of the article V application or any legislative instruction.
Sec. 5. (1) If an article V convention is called, the
commissioners and alternates for this state will be appointed as
follows:
(a) Five commissioners consisting of the following:
(i) One individual appointed by the speaker of the house of
representatives.
(ii) One individual appointed by the senate majority leader.
(iii) One individual appointed by the house of
representatives.
(iv) One individual appointed by the senate.
(v) One individual appointed by the governor.
(b) Two alternates consisting of the following:
(i) One individual appointed by the house of representatives.
(ii) One individual appointed by the senate.
(2) An individual must meet all of the following requirements
to serve as a commissioner or alternate:
(a) Be a resident of this state.
(b) Not have been convicted of a felony.
(c) Not have been convicted of a violation of the Michigan
election law, 1954 PA 116, MCL 168.1 to 168.992.
(3) A commissioner or alternate shall take the following oath
of office: "I do solemnly swear (or affirm) that to the best of my
abilities, I will, as a commissioner (or, "alternate") to an
article V convention, uphold the Constitution and laws of the
United States, the state constitution of 1963, and the laws of this
state. I will not vote to approve or to allow the consideration of
an unauthorized amendment or article V convention rules that do not
provide each state with 1 vote or that allow the proposal of an
amendment with less than a majority vote of the commissioners."
Sec. 7. If commissioners and alternates are appointed under
section 5, the senate and house of representatives shall adopt a
resolution to provide the legislative instructions. The senate and
house of representatives may amend the legislative instructions at
any time by resolution.
Sec. 9. Commissioners and alternates appointed under section 5
shall comply with the legislative instructions adopted under
section 7 and do not have the authority to vote to approve or to
allow the consideration of either of the following measures:
(a) An unauthorized amendment.
(b) Article V convention rules that do not provide each state
with 1 vote or that allow the proposal of an amendment with less
than a majority vote of the commissioners.
Sec. 11. (1) The legislature, by resolution, may recall a
commissioner if the commissioner is unable to perform the duties of
the office and shall recall a commissioner if the commissioner
violates section 9.
(2) After the recall of a commissioner under subsection (1),
the legislature or the governor shall certify in writing to the
leadership of the article V convention 1 or both of the following
as applicable:
(a) The commissioner who was recalled and the alternate who
will replace that commissioner.
(b) If the recall of the commissioner is for a violation of
section 9, notice that the vote of the commissioner is rescinded.
Sec. 13. Commissioners and alternates may be reimbursed for
their actual and necessary expenses incurred in the performance of
their official duties as commissioners and alternates. The
legislature shall appropriate an amount sufficient to pay the
expenses.
Enacting section 1. This act takes effect 60 days after the
date it is enacted into law.