SB372 Alabama 2015 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2015

Title

Article V Convention, appointment of delegates to represent Alabama by Legislature, qualifications, duties, criminal penalty for exceeding scope of appointment

Description

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.

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Subjects

Article V Convention