Bill Summary for S 40 (2017-2018)

Summary date: 

Feb 7 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 40 (Public) Filed Tuesday, February 7, 2017
A JOINT RESOLUTION RELATING TO THE DUTIES OF DELEGATES SELECTED BY THE LEGISLATURE TO ATTEND A CONVENTION OF THE STATES CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES TO CONSIDER A COUNTERMAND AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES; ESTABLISHING AS A JOINT COMMITTEE OF THE LEGISLATURE THE DELEGATE CREDENTIAL COMMITTEE AND RELATING TO THE DUTIES OF THE COMMITTEE; PROVIDING FOR AN OATH FOR DELEGATES AND ALTERNATES TO A COUNTERMAND AMENDMENT CONVENTION; PROVIDING FOR A CHAIR AND ASSISTANT CHAIR OF THE STATE'S COUNTERMAND AMENDMENT DELEGATION; PROVIDING FOR THE DUTIES OF THE CHAIR AND ASSISTANT CHAIR; PROVIDING INSTRUCTIONS FOR THE SELECTION OF A CONVENTION PRESIDENT; AND PROVIDING SPECIFIC LANGUAGE FOR THE COUNTERMAND AMENDMENT ON WHICH THE STATE'S CONVENTION DELEGATES ARE AUTHORIZED BY THE LEGISLATURE TO VOTE TO APPROVE.
Intro. by Hise, Krawiec, Rabin.

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Bill summary

Includes whereas clauses. Authorizes delegates to be summoned and appointed to participate at the convened convention according to the terms and conditions set out in this resolution. Instructs and authorizes the state's delegates to the convention to vote to send the countermand amendment, as specified in the act, back to the states for ratification by way of the United States Congress. Prohibits delegates from voting in favor of any alternate amendment or modified version of the countermand amendment that might be introduced at the convention and instructs them to do all in their power at the convention to secure a vote that approves sending the countermand amendment back to the states for ratification. Specifies that only the countermand amendment is to be considered by the legislature for ratification. Provides that upon the enactment of this resolution and after a total of 34 states place a call under Article V of the Constitution of the United States for a countermand convention, the Speaker of the House of Representatives and the President of the Senate must appoint members to a legislative Delegate Credential Committee (Committee). Specifies the Committee's 13 duties. Charges the chair of the state delegation with joining with other state delegations to open the convention for business, identifying other state legislatures that have approved a delegate resolution for their delegates, and working with those delegations to find agreement to each of the eight specified items. Specifies delegate duties. 

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