Limitations on delegates-constitution amendment conventions. | 17LSO-0280, 1.1 |
FISCAL NOTE
No fiscal or personnel impact.
HB0050
ORIGINAL HouseENGROSSED
Bill No. HB0050
ENROLLED ACT NO. 123, HOUSE OF REPRESENTATIVES
SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session
AN ACT relating to a convention for proposing amendments to the United States constitution; specifying limitations on delegates to a United States constitution Article V convention; providing penalties for violation of oath; clarifying state convention refers to a state ratifying convention; modifying provisions relating to county conventions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑22‑101 and 9‑22‑102 are created to read:
LIMITATIONS ON DELEGATES TO A CONVENTION FOR PROPOSING AMENDMENTS
9‑22‑101. Definitions.
(a) As used in this chapter:
(i) \"Article V application\" means a joint resolution passed by the Wyoming legislature on the same subject or containing the same proposed amendment text as two‑thirds (2/3) of the other states requiring the United States congress to call an article V convention;
(ii) \"Article V convention\" means a convention for proposing amendments as expressly provided in article V of the United States constitution;
(iii) \"Delegate\" or \"alternate\" means a legislator selected under W.S. 9‑22‑102(g) to represent the state of Wyoming at an article V convention;
(iv) \"Legislative instructions\" means instructions given by the state legislature to delegates and alternates before and during an article V convention;
(v) \"Unauthorized amendment\" means a proposed amendment that is outside the permitted subject matter contained in the article V application or contrary to legislative instructions.
9‑22‑102. Limitations of authority for delegates to an article V convention.
(a) No delegate shall have authority to vote to allow consideration of, or to approve, an unauthorized amendment for ratification to the United States constitution.
(b) Any delegate shall be directed to vote for procedures and rules mandating that the convention remain a convention of states where each state is represented by one (1) vote.
(c) Any vote made in violation of subsection (a) or (b) of this section shall be null and void, and the delegate making the vote shall be immediately recalled by an official or executive branch committee authorized by a resolution of the legislature and replaced by an alternate as provided in subsection (g) of this section.
(d) Each delegate or alternate shall be required to take the following oath or affirmation: \"I do solemnly swear or affirm that to the best of my abilities I will, as a delegate or alternate to an article V convention, uphold the constitution and laws of the United States of America and Wyoming. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the United States constitution. I understand and accept any penalties that Wyoming law may impose on me for violating this oath.\"
(e) Any delegate who violates the oath contained in subsection (d) of this section shall be guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both. Additionally, any delegate who violates the oath contained in subsection (d) of this section shall be ineligible to serve as a delegate and any certification of the delegate shall be null and void.
(f) The secretary of state shall certify the selection of the delegates in writing to the article V convention and shall provide a copy of the certification to each delegate. No delegate shall have authority to vote or otherwise serve as a delegate at the article V convention without the certification.
(g) The secretary of state shall notify the president of the Wyoming senate and the speaker of the Wyoming house of representatives in writing of the need to assign delegates or alternates to the article V convention. The members of the senate shall elect three (3) members of the senate to serve as delegates, and the members of the house of representatives shall elect three (3) members of the house of representatives to serve as delegates. If a delegate becomes unable or ineligible to serve, the president of the senate or the speaker of the house shall assign an alternate for the delegate who has become unable or ineligible to serve. An alternate delegate assigned under this subsection shall immediately be entitled to represent Wyoming as a delegate in place of the delegate who has become unable or ineligible to serve, and the secretary of state shall immediately provide certification to the new delegate.
(h) The secretary of state shall notify the article V convention and any delegate involved of the revocation of that delegate's certification should the delegate violate his or her oath to act only within the limits of the authority granted by the state of Wyoming.
(j) The Wyoming attorney general shall enforce the provisions of this section.
Section 2. W.S. 22‑20‑201 through 22‑20‑203, 22‑20‑204(b), 22‑20‑205, 22‑20‑208 and 22‑20‑209 are amended to read:
22‑20‑201. Proclamation of governor calling state ratifying convention.
(a) If the congress of the United States of America enacts any law requiring proposes any question of repealing, amending or altering the constitution of the United States of America, or any part thereof, to be submitted to a ratifying convention of delegates chosen by the qualified electors of the state and does not prescribe the manner and method of calling, holding and conducting the convention and of canvassing the returns of the votes of the delegates thereto and determining, declaring and publishing the result of the vote of the delegates to the ratifying convention on any question voted upon, for which the ratifying convention is called, it is the duty of the governor to make a public proclamation:
(i) Calling the state ratifying convention;
(ii) Calling for the election of delegates to the state ratifying convention;
(iii) Specifying the place where and the time when the ratifying convention shall be held;
(iv) Specifying the number of delegates (who shall be qualified electors) of which the ratifying convention shall consist; and
(v) Specifying the method and manner by and in which delegates to the ratifying convention shall be elected.
22‑20‑202. Election of delegates to state ratifying convention.
In each of the election precincts in each of the counties county of this state there shall be held a meeting county convention of the qualified electors of the precinct county at the time fixed by the proclamation. A qualified elector in the precinct shall preside at each precinct meeting, and An election shall be held in which not less than one (1) delegate five (5) delegates from each precinct county and (1) one additional delegate for each six hundred (600) five thousand (5,000) or major portion thereof of the inhabitants of the precinct county shall be elected as delegates to a convention to be held at the county seat of the county. Upon the day fixed by the governor for holding the county convention the delegates thereto shall assemble and elect one (1) delegate for each county, and one (1) delegate for each five thousand (5,000) or major fraction thereof of the inhabitants of the county as delegates to the state ratifying convention specified in W.S. 22‑20‑201.
22‑20‑203. Convening of county convention; presiding officer; certification of results.
It is the duty of the chairman of the board of county commissioners or some other member of the board in each county to convene the county convention and preside over it until the delegates chosen thereto select a chairman of the convention. It is the duty of the chairman and secretary of the convention to certify, under oath, to the secretary of state and to the state ratifying convention, the names of the delegates to the state ratifying convention chosen by the county convention.
22‑20‑204. Rules of practice for county conventions; convention ballots.
(b) The vote on the selection of delegates to the county and state conventions ratifying convention shall be by written or printed ballot.
22‑20‑205. Determining apportionment of representation at conventions.
In the apportionment of representation in the county convention and state conventions ratifying convention, the last federal census is the basis upon which the right to representation in the conventions shall be determined.
22‑20‑208. Convening of state ratifying convention; costs and expenses; certification of results.
(a) If the governor issues a proclamation calling a state ratifying convention, it is the duty of the secretary of state to convene the ratifying convention and make all necessary arrangements.
(b) The costs incidental to the holding of the state ratifying convention shall be borne and paid by the state, as appropriated by the legislature.
(c) It is the duty of the officers of the state ratifying convention to certify, under oath, to the secretary of state, the result of the vote cast at the ratifying convention on each question submitted thereto. When the result of the vote of the delegates to the state ratifying convention is certified to the secretary of state, it is then the duty of the secretary of state to certify the result to the president and secretary of state of the United States, and to the president of the senate and the speaker of the house of representatives of the congress of the United States.
22‑20‑209. Procedure when congress directs manner of holding ratifying convention.
(a) If congress, either in the resolution submitting the question or by statute, prescribes the manner in which the conventions ratifying convention shall be constituted, the provisions of this chapter are inoperative, and the ratifying convention shall be constituted and shall operate as the resolution or act of congress directs. All officers of the state who may be authorized or directed by the resolution or statute to take any action to constitute a ratifying convention for this state are authorized and directed to act in accordance therewith and in obedience thereto with the same force and effect as if acting under a statute of this state.
(b) If an article V convention as defined in W.S. 9‑22‑101 is called, the provisions of this chapter are inoperative to the extent that they conflict with a convention conducted in accordance with W.S. 9‑22‑102.
Section 3. This act is effective July 1, 2017.
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Speaker of the House |
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| President of the Senate |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the House.
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Chief Clerk |
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H.B. No. 0050 | Limitations on delegates-constitution amendment conventions. |
Sponsored By:Representative(s) Laursen, Allen, Lindholm and Winters and Senator(s) Driskill, Hicks and Peterson
AN ACT relating to a convention for proposing amendments to the United States constitution; specifying limitations on delegates to a United States constitution Article V convention; providing penalties for violation of oath; clarifying state convention refers to a state ratifying convention; modifying provisions relating to county conventions; and providing for an effective date.
12/19/2016Bill Number Assigned
1/9/2017H Received for Introduction
1/12/2017H Introduced and Referred to H01 - Judiciary
1/17/2017H01 - Judiciary:Recommend Do Pass 5-4-0-0-0
ROLL CALL
Ayes: Representative(s) Biteman, Kirkbride, Olsen, Pownall, Winters
Nays: Representative(s) Baker, Jennings, Pelkey, Salazar
Ayes 5 Nays 4 Excused 0 Absent 0 Conflicts 0
1/17/2017H Placed on General File
1/18/2017H COW:Passed
1/19/2017H 2nd Reading:Passed
HB0050H3001/WITHDRAWN
1/20/2017H 3rd Reading:Passed 33-26-1-0-0
ROLL CALL
Ayes: Representative(s) Allen, Biteman, Blackburn, Burkhart, Clem, Court, Eklund, Eyre, Flitner, Furphy, Gray, Greear, Hallinan, Harshman, Hunt, Kinner, Kirkbride, Larsen, Laursen, Lindholm, Lone, Loucks, Macguire, Madden, Mckim, Miller, Nicholas, Northrup, Obermueller, Olsen, Paxton, Pownall, Winters
Nays: Representative(s) Baker, Barlow, Blake, Bovee, Brown, Byrd, Clausen, Connolly, Crank, Dayton, Edwards, Freeman, Gierau, Haley, Halverson, Henderson, Jennings, Piiparinen, Salazar, Schwartz, Sommers, Steinmetz, Sweeney, Walters, Wilson, Zwonitzer
Excused: Representative Pelkey
Ayes 33 Nays 26 Excused 1 Absent 0 Conflicts 0
1/23/2017S Received for Introduction
2/6/2017S Introduced and Referred to S03 - Revenue
2/14/2017S03 - Revenue:Recommend Do Pass 5-0-0-0-0
ROLL CALL
Ayes: Senator(s) Case, Ellis, Kinskey, Peterson, Wasserburger
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/14/2017S Placed on General File
HB0050SW001/ADOPTED
Page 6-line 13After \"section.\" delete line.
Page 6-lines 14 through 16Delete. ELLIS
2/27/2017S COW:Passed
2/28/2017S 2nd Reading:Passed
HB0050S3001/ADOPTED
Page 8-line 9Delete \"county convention\".
Page 8-line 10Delete \"and\".
Page 8-line 12After \"each\" strike balance of line and insert \"county\".
Page 8-line 14Strike \"precinct\" insert \"county\".
Page 8-line 15After \"proclamation.\" strike line.
Page 8-line 16Strike through \"an\" insert \"An\".
Page 8-line 17Strike \"one (1) delegate\" insert \"five (5) delegates\".
Page 8-line 18Strike \"precinct\" insert \"county, no more than three (3) of which shall be from the same political party,\"; strike \"six\" insert \"one thousand (1000)\".
Page 8-line 19Strike \"hundred (600)\".
Page 8-line 20Strike \"precinct\" insert \"county\"; strike \"a\".
Page 8-lines 21 through 23Strike.
Page 9-lines 1 and 2Strike.
Page 9-line 3Strike through \"to\".
Page 10-line 2Strike \"county\"; delete \"convention\"; strike \"and\". BURNS, KINSKEY
3/1/2017S 3rd Reading:Passed 21-9-0-0-0
ROLL CALL
Ayes: Senator(s) Agar, Bebout Pres, Boner, Burns, Case, Christensen, Coe, Driskill, Ellis, Emerich, Hicks, Kinskey, Landen, Moniz, Nethercott, Pappas, Perkins, Peterson, Scott, Von Flatern, Wasserburger
Nays: Senator(s) Anderson, Anselmi-Dalton, Baldwin, Barnard, Bouchard, Dockstader, Hastert, Meier, Rothfuss
Ayes 21 Nays 9 Excused 0 Absent 0 Conflicts 0
3/1/2017H Received for Concurrence
3/2/2017H Concur:Failed 10-47-3-0-0
ROLL CALL
Ayes: Representative(s) Clem, Edwards, Gierau, Halverson, Jennings, Lone, Miller, Salazar, Schwartz, Zwonitzer
Nays: Representative(s) Allen, Baker, Barlow, Biteman, Blackburn, Blake, Bovee, Brown, Burkhart, Byrd, Connolly, Court, Crank, Dayton, Eklund, Eyre, Flitner, Freeman, Furphy, Gray, Greear, Haley, Hallinan, Harshman, Henderson, Hunt, Kinner, Kirkbride, Larsen, Laursen, Loucks, Macguire, Madden, Mckim, Nicholas, Northrup, Obermueller, Olsen, Paxton, Piiparinen, Pownall, Sommers, Steinmetz, Sweeney, Walters, Wilson, Winters
Excused: Representative(s) Clausen, Lindholm, Pelkey
Ayes 10 Nays 47 Excused 3 Absent 0 Conflicts 0
3/3/2017H Appointed JCC01 Members
Representative(s) Laursen, Blake, Winters
3/3/2017S Appointed JCC01 Members
Senator(s) Peterson, Meier, Wasserburger
3/3/2017H Did Not Adopt HB0050JC001: 28-28-4-0-0
HB0050JC001/HADOPTEDSADOPTED
Adopt the following Senate amendments:
HB0050SW001/A
Delete the following Senate amendments:
HB0050S3001/A
Further amend as follows:
Page 1-line 6After \"convention;\" insert \"modifying provisions relating to county conventions;\".
Page 8-line 9Delete \"county convention\".
Page 8-line 10Delete \"and\".
Page 8-line 12After the first \"each\" strike balance of the line and insert \"county\".
Page 8-line 13Strike \"meeting\" insert \"county convention\".
Page 8-line 14Strike \"precinct\" insert \"county\".
Page 8-line 15After \"proclamation.\" strike balance of the line.
Page 8-line 16Strike the line through \"and\".
Page 8-line 17Strike \"one (1) delegate\" insert \"five (5) delegates\".
Page 8-line 18Strike \"precinct\" insert \"county\"; strike \"six\".
Page 8-line 19Strike \"hundred (600)\" insert \"five thousand (5,000)\".
Page 8-line 20Strike \"precinct\" insert \"county\"; strike \"a\".
Page 8-lines 21 through 23Strike entirely.
Page 9-lines 1 and 2Strike entirely.
Page 9-line 3Strike the line through \"to\".
Page 10-line 2Strike \"county\"; delete \"convention\"; strike \"and\".
LAURSEN, BLAKE, WINTERS, PETERSON, MEIER, WASSERBURGER
ROLL CALL
Ayes: Representative(s) Allen, Barlow, Biteman, Blackburn, Bovee, Burkhart, Clausen, Clem, Court, Eklund, Eyre, Gray, Greear, Haley, Hallinan, Harshman, Hunt, Larsen, Laursen, Lindholm, Loucks, Macguire, Miller, Nicholas, Northrup, Obermueller, Olsen, Winters
Nays: Representative(s) Baker, Blake, Brown, Byrd, Connolly, Crank, Dayton, Edwards, Furphy, Gierau, Halverson, Henderson, Jennings, Kinner, Lone, Madden, Mckim, Pelkey, Piiparinen, Pownall, Salazar, Schwartz, Sommers, Steinmetz, Sweeney, Walters, Wilson, Zwonitzer
Excused: Representative(s) Flitner, Freeman, Kirkbride, Paxton
Ayes 28 Nays 28 Excused 4 Absent 0 Conflicts 0
3/3/2017Rescind original vote pursuant to HR 12-11 34-26-0-0-0
HB0050JC001Rescind original vote pursuant to HR 12-11 34-26-0-0-0
ROLL CALL
Ayes: Representative(s) Allen, Barlow, Biteman, Blackburn, Burkhart, Byrd, Clausen, Clem, Court, Eklund, Eyre, Flitner, Freeman, Gierau, Gray, Haley, Hallinan, Harshman, Hunt, Kirkbride, Larsen, Laursen, Lindholm, Loucks, Miller, Nicholas, Northrup, Obermueller, Olsen, Paxton, Pownall, Sommers, Sweeney, Winters
Nays: Representative(s) Baker, Blake, Bovee, Brown, Connolly, Crank, Dayton, Edwards, Furphy, Greear, Halverson, Henderson, Jennings, Kinner, Lone, Macguire, Madden, Mckim, Pelkey, Piiparinen, Salazar, Schwartz, Steinmetz, Walters, Wilson, Zwonitzer
Ayes 34 Nays 26 Excused 0 Absent 0 Conflicts 0
3/3/2017H Adopted HB0050JC001: 34-26-0-0-0
HB0050JC001/HADOPTEDSADOPTED
Adopt the following Senate amendments:
HB0050SW001/A
Delete the following Senate amendments:
HB0050S3001/A
Further amend as follows:
Page 1-line 6After \"convention;\" insert \"modifying provisions relating to county conventions;\".
Page 8-line 9Delete \"county convention\".
Page 8-line 10Delete \"and\".
Page 8-line 12After the first \"each\" strike balance of the line and insert \"county\".
Page 8-line 13Strike \"meeting\" insert \"county convention\".
Page 8-line 14Strike \"precinct\" insert \"county\".
Page 8-line 15After \"proclamation.\" strike balance of the line.
Page 8-line 16Strike the line through \"and\".
Page 8-line 17Strike \"one (1) delegate\" insert \"five (5) delegates\".
Page 8-line 18Strike \"precinct\" insert \"county\"; strike \"six\".
Page 8-line 19Strike \"hundred (600)\" insert \"five thousand (5,000)\".
Page 8-line 20Strike \"precinct\" insert \"county\"; strike \"a\".
Page 8-lines 21 through 23Strike entirely.
Page 9-lines 1 and 2Strike entirely.
Page 9-line 3Strike the line through \"to\".
Page 10-line 2Strike \"county\"; delete \"convention\"; strike \"and\".
LAURSEN, BLAKE, WINTERS, PETERSON, MEIER, WASSERBURGER
ROLL CALL
Ayes: Representative(s) Allen, Barlow, Biteman, Blackburn, Burkhart, Clausen, Clem, Court, Eklund, Eyre, Flitner, Freeman, Gierau, Gray, Greear, Haley, Hallinan, Harshman, Hunt, Kirkbride, Larsen, Laursen, Lindholm, Loucks, Madden, Miller, Northrup, Obermueller, Olsen, Paxton, Pownall, Sommers, Sweeney, Winters
Nays: Representative(s) Baker, Blake, Bovee, Brown, Byrd, Connolly, Crank, Dayton, Edwards, Furphy, Halverson, Henderson, Jennings, Kinner, Lone, Macguire, Mckim, Nicholas, Pelkey, Piiparinen, Salazar, Schwartz, Steinmetz, Walters, Wilson, Zwonitzer
Ayes 34 Nays 26 Excused 0 Absent 0 Conflicts 0
3/3/2017S Adopted HB0050JC001: 23-6-1-0-0
HB0050JC001/HADOPTEDSADOPTED
Adopt the following Senate amendments:
HB0050SW001/A
Delete the following Senate amendments:
HB0050S3001/A
Further amend as follows:
Page 1-line 6After \"convention;\" insert \"modifying provisions relating to county conventions;\".
Page 8-line 9Delete \"county convention\".
Page 8-line 10Delete \"and\".
Page 8-line 12After the first \"each\" strike balance of the line and insert \"county\".
Page 8-line 13Strike \"meeting\" insert \"county convention\".
Page 8-line 14Strike \"precinct\" insert \"county\".
Page 8-line 15After \"proclamation.\" strike balance of the line.
Page 8-line 16Strike the line through \"and\".
Page 8-line 17Strike \"one (1) delegate\" insert \"five (5) delegates\".
Page 8-line 18Strike \"precinct\" insert \"county\"; strike \"six\".
Page 8-line 19Strike \"hundred (600)\" insert \"five thousand (5,000)\".
Page 8-line 20Strike \"precinct\" insert \"county\"; strike \"a\".
Page 8-lines 21 through 23Strike entirely.
Page 9-lines 1 and 2Strike entirely.
Page 9-line 3Strike the line through \"to\".
Page 10-line 2Strike \"county\"; delete \"convention\"; strike \"and\".
LAURSEN, BLAKE, WINTERS, PETERSON, MEIER, WASSERBURGER
ROLL CALL
Ayes: Senator(s) Agar, Anderson, Baldwin, Barnard, Bebout Pres, Boner, Burns, Case, Christensen, Coe, Driskill, Ellis, Hicks, Kinskey, Landen, Meier, Moniz, Nethercott, Pappas, Peterson, Scott, Von Flatern, Wasserburger
Nays: Senator(s) Anselmi-Dalton, Bouchard, Dockstader, Emerich, Hastert, Rothfuss
Excused: Senator Perkins
Ayes 23 Nays 6 Excused 1 Absent 0 Conflicts 0
3/3/2017Assigned Number HEA No. 0123
3/3/2017H Speaker Signed HEA No. 0123
3/3/2017S President Signed HEA No. 0123
3/3/2017H Speaker Signed HEA No. 0123
3/3/2017S President Signed HEA No. 0123
3/14/2017Governor Signed HEA No. 0123
3/14/2017Assigned Chapter Number
Chapter No. 197 Session Laws of Wyoming 2017
Bill No.:HB0050Effective:7/1/2017
LSO No.:17LSO-0280
Enrolled Act No.:HEA No. 0123
Chapter No.:197
Prime Sponsor:Laursen
Catch Title:Limitations on delegates-constitution amendment conventions.
Subject:Limitations on delegates to a U.S. Constitution Article V convention.
Summary/Major Elements:
Comments:
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill. |