March 4, 2014, Introduced by Reps. Franz, Genetski, MacMaster, Kelly, Somerville, Goike, Bumstead and Forlini and referred to the Committee on Financial Liability Reform.
A bill to provide for the appointment of article V convention
delegates; to provide 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, unless
otherwise established by the rules and procedures of the article V
convention, the delegates and alternates for this state shall be
appointed as follows:
(a) Seven delegates consisting of the following:
(i) Two individuals appointed by the majority leader of the
senate.
(ii) Two individuals appointed by the speaker of the house of
representatives.
(iii) One individual jointly appointed by the majority leader of
the senate and speaker of the house of representatives.
(iv) One individual appointed by the minority leader of the
senate.
(v) One individual appointed by the minority leader of the
house of representatives.
(b) Seven alternates consisting of the following:
(i) Two individuals appointed by the majority leader of the
senate.
(ii) Two individuals appointed by the speaker of the house of
representatives.
(iii) One individual jointly appointed by the majority leader of
the senate and speaker of the house of representatives.
(iv) One individual appointed by the minority leader of the
senate.
(v) One individual appointed by the minority leader of the
house of representatives.
(2) When delegates and alternates are appointed under
subsection (1), the state senate and state house of representatives
shall adopt a resolution to provide instructions to the delegates
and alternates regarding the following:
(a) The subjects and amendments to be considered at the
article V convention.
(b) Any other matter relating to the article V convention that
the state senate or state house of representatives considers
necessary.
(3) 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.
(4) The state senate and state house of representatives may
amend the instructions under subsection (2) at any time by
resolution.
(5) A vote cast by a delegate or alternate to an article V
convention that does any of the following is void:
(a) Does not comply with the instructions established by a
resolution adopted under subsection (2).
(b) Is outside the limits on the subjects and amendments that
may be considered at the article V convention as set forth in the
resolution that calls for the article V convention.
(6) A delegate or alternate may be recalled by the individual
who appointed that member under subsection (1).
(7) If a delegate is recalled under subsection (6), the
delegate shall be replaced by his or her alternate within 24 hours
of being recalled.
(8) The application of the legislature to call an article V
convention for proposing amendments to the constitution of the
United States ceases to be a continuing application and shall be
treated as having no effect if all of the delegates and alternates
vote or attempt to vote in a manner that does not comply with the
instructions established by a resolution adopted under subsection
(2) or outside the limits on the subjects and amendments that may
be considered at the article V convention as set forth in the
resolution that calls for the article V convention.
(9) Delegates and alternates shall serve without compensation.
However, delegates and alternates may be reimbursed for their
actual and necessary expenses incurred in the performance of their
official duties as delegates and alternates.
(10) Each delegate or alternate, after designation and before
the exercise of any function, shall execute an oath to do all of
the following:
(a) Pledge to support the constitution of the United States
and the state constitution of 1963.
(b) Pledge to faithfully abide by and execute any instructions
to appointees adopted by the state senate and state house of
representatives.
(c) Pledge to otherwise faithfully discharge the duties of a
delegate or alternate.
(11) A delegate shall file the oath executed under subsection
(10) with the secretary of state.
Sec. 3. The legislature shall appropriate the money necessary
to implement this act.