68th Legislature SB 211.1
1 SENATE BILL NO. 211
2 INTRODUCED BY T. MCGILLVRAY
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR APPOINTMENT, LIMITATIONS, INSTRUCTION,
5 AND PENALTIES FOR COMMISSIONERS REPRESENTING THE STATE OF MONTANA AT AN ARTICLE V
6 CONVENTION CALLED BY THE UNITED STATES CONGRESS TO PROPOSE AMENDMENTS TO THE
7 UNITED STATES CONSTITUTION; PROVIDING PENALTIES; AND PROVIDING DEFINITIONS.”
8
9 WHEREAS, Article V of the United States Constitution obligates Congress to call a convention for
10 proposing amendments on the application of two-thirds of the several states; and
11 WHEREAS, the momentum for an Article V convention is growing to address fiscal excesses and
12 jurisdictional encroachments by the federal government on state-reserved powers; and
13 WHEREAS, the voters of the State of Montana have made their preference for federal term limits
14 known through the passage of Constitutional Initiative Measure No. 64 in 1992 with 67% approval; and
15 WHEREAS, the courts have struck down term limits for federal officials and an Article V convention to
16 propose a term limit amendment is gaining momentum with the people.
17 THEREFORE, the Legislature of the State of Montana finds that it is appropriate to prepare for an
18 eventual, if not imminent, Article V convention by providing for the appointment, limitations, instructions, and
19 penalties for commissioners representing this state at an Article V convention.
20
21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
22
23 NEW SECTION. Section 1. Definitions. As used in [sections 1 through 10], the following definitions
24 apply:
25 (1) "Article V application" means a joint resolution adopted by the legislature on the same subject
26 or subjects as two-thirds of the other states requiring the United States congress to call an Article V convention.
27 (2) "Article V convention" means a convention for proposing amendments to the United States
28 constitution as provided in Article V of the United States constitution.
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1 (3) "Commissioner" means a person appointed as provided in [section 2] to represent the state at
2 an Article V convention.
3 (4) "Delegation" means the group of commissioners appointed under [section 2].
4 (5) "Legislative instructions" means instructions given to the delegation before or during an Article
5 V convention by the appointing authorities under [section 2(2)] or by the appointing authorities' agent
6 designated for that purpose.
7 (6) "Unauthorized proposed amendment" means a proposed amendment that is outside the
8 subject matter of the Article V application, outside the subject matter of the narrowest application relied on by
9 the United States congress in calling the convention if the legislature did not make the application, or contrary
10 to legislative instructions.
11
12 NEW SECTION. Section 2. Appointment of commissioners -- vacancies. (1) On a call by the
13 United States congress for an Article V convention, five commissioners must be appointed to represent the
14 state at the convention as provided in this section.
15 (2) The speaker of the house of representatives, the house majority leader, the president of the
16 senate, and the senate majority leader shall each appoint one commissioner. The four appointed
17 commissioners shall appoint the fifth commissioner by majority vote.
18 (3) Each commissioner appointed pursuant to subsection (2) must be approved by a majority vote
19 of each house of the legislature. If a commissioner fails to receive a majority vote in both houses, a new
20 commissioner must be appointed in the same manner as the original appointment.
21 (4) A vacancy in the delegation due to death, resignation, ineligibility, recall, or any other reason
22 must be filled in the same manner as the original appointment.
23 (5) The vote of the delegation on a proposed amendment at an Article V convention must be
24 agreed by a majority vote of the commissioners.
25
26 NEW SECTION. Section 3. Prohibition on unauthorized proposed amendments. (1) A
27 commissioner may not vote to allow consideration of or vote to approve an unauthorized proposed amendment
28 to the United States constitution.
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1 (2) A commissioner casting a vote to allow consideration or approval of an unauthorized proposed
2 amendment must be immediately recalled by the appointing authority or the speaker of the house of
3 representatives.
4
5 NEW SECTION. Section 4. Qualifications. Commissioners must be current or former state
6 legislators.
7
8 NEW SECTION. Section 5. Oath. On approval by a majority vote of both the house of
9 representatives and the senate, each commissioner shall be required to take the following oath: "I do solemnly
10 swear or affirm that to the best of my abilities, I will, as a commissioner of the state of Montana to an Article V
11 convention, uphold the constitution and laws of the United States and the state of Montana. I will not propose or
12 vote to allow consideration of or approve any unauthorized proposed amendment to the United States
13 constitution. I will vote for convention rules that provide that each state have one vote."
14
15 NEW SECTION. Section 6. Penalty. A commissioner who violates the oath or affirmation provided in
16 [section 5] shall be fined an amount not less than $500 or more than $5,000 to be levied by the secretary of
17 state and deposited in the state general fund.
18
19 NEW SECTION. Section 7. Convention rules. (1) Each commissioner shall support a rule that gives
20 each state one equal vote at the Article V convention.
21 (2) Each commissioner shall support a rule prohibiting a state or commissioner from proposing an
22 amendment that is outside the subject matter of the approved call of the convention.
23 (3) Each commissioner shall oppose a rule that would allow the rules under subsections (1) and
24 (2) to be suspended by a majority or supermajority vote.
25
26 NEW SECTION. Section 8. Certification. The secretary of state shall certify in writing to the Article V
27 convention the appointment of commissioners, the recall of commissioners, the filling of a vacancy in the
28 delegation, and the nullification of a vote cast by a commissioner in violation of [sections 1 through 10].
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68th Legislature SB 211.1
1
2 NEW SECTION. Section 9. Expenses. After an Article V convention is called by the United States
3 congress, the state shall provide for the reasonable expenses of the delegation for planning meetings, the
4 Article V convention, and up to three staff members or advisors of the delegation's choosing.
5
6 NEW SECTION. Section 10. Term. Except on the resignation, death, ineligibility, recall, or other
7 vacation of office by a commissioner, the term of each commissioner must be for the duration of the Article V
8 convention for which the commissioner was appointed, and the delegation must be dissolved and disbanded on
9 the adjournment sine die of the Article V convention.
10
11 NEW SECTION. Section 11. Codification instruction. [Sections 1 through 10] are intended to be
12 codified as a new chapter in Title 5, and the provisions of Title 5 apply to [sections 1 through 10].
13
14 NEW SECTION. Section 12. Severability. If a part of [this act] is invalid, all valid parts that are
15 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
16 the part remains in effect in all valid applications that are severable from the invalid applications.
17 - END -
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