SB372 By Senators Pittman, Orr, Albritton, Scofield, Livingston, McClendon, Shelnutt, Reed, Stutts, Melson and Williams RFD Constitution, Ethics and Elections Rd 1 14-APR-15

SYNOPSIS: Under Article V of the United States Constitution, Congress must call a convention upon the application of the Legislatures of two-thirds of the states to consider proposed amendments to the Constitution. Proposed amendments must then be ratified by three-fourths of the states.

This bill would establish duties for appointed Article V Convention delegates and alternate delegates.

This bill would require the Legislature, by joint resolution, to adopt instructions for delegates and alternate delegates regarding an Article V Convention.

This bill would provide that a vote by a delegate outside the scope of the instructions from the Legislature is void.

This bill would also provide that a delegate who knowingly or intentionally votes, or attempts to vote, outside the scope of instructions from the Legislature commits a Class A misdemeanor.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

A BILL TO BE ENTITLED AN ACT

Relating to Article V Conventions; to establish duties for appointed delegates and alternate delegates; to require the Legislature, by joint resolution, to adopt instructions to delegates; to provide that a vote outside the scope of the instructions is void; to provide criminal penalties for exceeding the scope of instructions from the Legislature; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall apply whenever an Article V Convention is called by Congress.

Section 2. For the purposes of this act, the following terms shall have the following meanings:

(1) ALTERNATE DELEGATE. An individual appointed as an alternate delegate as provided by law.

(2) ARTICLE V CONVENTION. 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.

(3) DELEGATE. An individual appointed as provided by law to represent Alabama at an Article V convention.

(4) PAIRED DELEGATE. The delegate with whom an alternate delegate is paired as provided by law.

Section 3. (a)(1) At the time delegates and alternate delegates are appointed, the Legislature shall adopt a joint resolution to provide instructions to the delegates and alternate delegates regarding all of the following:

a. The rules of procedure.

b. Any other matter relating to the Article V Convention that the Legislature considers necessary.

(2) The Legislature may amend the instructions at any time by joint resolution.

(b) An alternate delegate shall do both of the following:

(1) Act in the place of the alternate delegate's paired delegate when the alternate delegate's paired delegate is absent from the Article V Convention.

(2) Replace the alternate delegate's paired delegate if the alternate delegate's paired delegate vacates the office.

Section 4. (a) A vote cast by a delegate or an alternate delegate at an Article V Convention is void if it is outside the scope of either of the following:

(1) The instructions established by a joint resolution adopted under Section 3 of this act.

(2) The limits placed by the Legislature in a joint resolution that calls for an Article V Convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V Convention.

(b) A delegate or alternate delegate who votes or attempts to vote outside the scope of the instructions or limits as provided in subsection (a) forfeits the delegate's appointment by virtue of that vote or attempt to vote.

(c) The paired alternate delegate of a delegate who forfeits appointment under subsection (b) becomes the delegate at the time the forfeiture of the appointment occurs.

(d) 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 alternate delegates vote or attempt to vote outside the scope of the instructions or limits as provided in subsection (a).

(e) A delegate or alternate delegate who knowingly or intentionally votes or attempts to vote outside the scope of the instructions or limits as provided in subsection (a) shall be guilty of a Class A misdemeanor.

Section 5. The Attorney General or the district attorney for Montgomery County may prosecute violations of subsection (e) of Section 4 of this act.

Section 6. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Article V Convention

Constitutional Amendments

Legislature

Attorney General

Crimes and Offenses

Criminal Law and Procedure