HB-5380, As Passed Senate, December 11, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5380

     A bill to provide for the appointment of article V convention

delegates; to provide for the powers and duties of those delegates;

and to provide for the duties of certain state governmental

officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Alternate" means an individual appointed to replace a

delegate who is unable to fulfill his or her duties as a delegate.

     (b) "Article V convention" means a convention for proposing

amendments to the constitution of the United States called for by

the states under article V of the constitution of the United

States.

     (c) "Delegate" means an individual appointed to represent this

state at an article V convention.

     (d) "Lobbyist" means that term as defined in section 5 of 1978

PA 472, MCL 4.415.

     (e) "Lobbyist agent" means that term as defined in section 5

of 1978 PA 472, MCL 4.415.

     Sec. 2. (1) When an article V convention is called, the

delegates and alternates for this state shall be appointed as

follows:

     (a) Nine delegates consisting of the following:

     (i) Two individuals appointed by the senate majority leader.

     (ii) Two individuals appointed by the speaker of the house of

representatives.

     (iii) Two individuals appointed by the governor.

     (iv) One individual appointed by the minority leader of the

senate.

     (v) One individual appointed by the minority leader of the

house of representatives.

     (vi) One individual jointly appointed by the senate majority

leader, the speaker of the house of representatives, and the

governor.

     (b) Nine alternates consisting of the following:

     (i) Two individuals appointed by the senate majority leader.

     (ii) Two individuals appointed by the speaker of the house of

representatives.

     (iii) Two individuals appointed by the governor.

     (iv) One individual appointed by the minority leader of the

senate.

     (v) One individual appointed by the minority leader of the

house of representatives.

     (vi) One individual jointly appointed by the senate majority

leader, the speaker of the house of representatives, and the

governor.

     (2) To be eligible to serve as a delegate or alternate, an

individual must meet all of the following qualifications:

     (a) Be at least 18 years of age.

     (b) Be a registered voter in this state.

     (c) Be a resident of this state.

     (d) Not be a lobbyist or lobbyist agent.

     (e) Not be a federal judge, member of the United States

senate, or member of the United States house of representatives.

     (3) A delegate or alternate may be recalled by the individual

who appointed that member under subsection (1).

     (4) If a delegate is recalled under subsection (3), the

delegate shall be replaced by his or her alternate within 24 hours

of being recalled.

     (5) Delegates and alternates may be reimbursed for their

actual and necessary expenses incurred in the performance of their

official duties as delegates and alternates. Delegates and

alternates may receive compensation as provided by appropriation.

     (6) Each delegate or alternate, after designation and before

the exercise of any function, shall execute an oath to do each of

the following:

     (a) Pledge to support the constitution of the United States

and the state constitution of 1963.

     (b) Pledge to otherwise faithfully discharge the duties of a

delegate or alternate.

     (7) A delegate shall file the oath executed under subsection

(6) with the secretary of state.

     Sec. 3. The legislature shall appropriate the money necessary

to implement this act.