HOUSE BILL No. 6523

 

 

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.