Revision: Dec. 23, 2011, midnight
SB 356 – AS INTRODUCED
2012 SESSION
05/04
SENATE BILL 356
AN ACT limiting the authority of delegates to Article V amendment conventions.
SPONSORS: Sen. Groen, Dist 6; Sen. Bradley, Dist 3; Sen. Bragdon, Dist 11; Sen. Sanborn, Dist 7; Sen. De Blois, Dist 18; Rep. Rowe, Hills 6
This bill limits the authority of New Hampshire delegates to an Article V amendment convention to the question of whether to amend the United States Constitution as follows: “The Congress, on Application of the Legislatures of two thirds of the several States, which all contain an identical Amendment, shall call a Convention solely to decide whether to propose that specific Amendment to the States, if proposed shall be valid to all intents and purposes as part of the Constitution when ratified pursuant to Article V.”
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2920
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT limiting the authority of delegates to Article V amendment conventions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Constitutional Convention; Authority of New Hampshire Delegates. Amend RSA by inserting after chapter 20-B the following new chapter:
CHAPTER 20-C
AUTHORITY OF NEW HAMPSHIRE DELEGATES
TO CONSTITUTIONAL CONVENTION
20-C:1 Definitions. In this subdivision:
I. “Amendment” means the amendment to the United States Constitution contained in the resolution whose precise text is as follows:
“ARTICLE ___. The Congress, on Application of the Legislatures of two thirds of the several States, which all contain an identical Amendment, shall call a Convention solely to decide whether to propose that specific Amendment to the States, if proposed shall be valid to all intents and purposes as part of the Constitution when ratified pursuant to Article V.”
II. “Convention” means the convention called for under the authority of Article V of the United States Constitution by the resolution.
III. “Qualifying application” means a resolution passed by states calling for a Convention under the authority of Article V of the United States Constitution that contains the same language as the amendment, and which requires that the sole permitted purpose of the convention is to decide whether to propose, or not to propose, the amendment.
IV. “Resolution” means SCR 1 of the 2011 general legislative session.
V. “Unauthorized amendment or proposed amendment” means any amendment considered or voted on by the convention that is not precisely identical to the amendment described in paragraph I.
20-C:2 Authority of New Hampshire Delegates.
I. No delegate from New Hampshire to the convention shall have the authority to vote to consider or approve any proposed amendment to the United States Constitution other than the amendment authorized in the resolution.
II. Any vote taken by a delegate from New Hampshire at the convention in violation of paragraph I of this section shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the convention.
III. Every delegate from New Hampshire to the convention called for by the resolution shall be required to take the following oath:
“I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to the convention, uphold the Constitution and laws of the United States and the state of New Hampshire. I will accept and will act according to the limits of the authority as a delegate granted to me by New Hampshire law, and I will not vote to consider or approve any amendment to the United States Constitution other than the precise text of the amendment contained in SCR 1 of the 2011 general legislative session. I understand and accept any penalties that may be imposed on me by New Hampshire law for violating this oath."
IV. Any delegate who violates the oath contained in paragraph III of this section shall be subject to the maximum criminal penalty under RSA 641:2, and shall forfeit all licenses to conduct business or engage in any profession that requires a license in New Hampshire.
V. The secretary of state shall certify the selection of the New Hampshire delegates in writing to the 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 convention without the certification.
VI. The secretary of state shall promulgate rules and regulations setting out a process for selecting alternative delegates to the convention in the event a delegate becomes unable or ineligible to serve. If a delegate becomes ineligible to serve under the provisions of paragraph IV, the alternate delegate shall immediately be entitled to represent New Hampshire as a delegate in place of the delegate who has become ineligible and the secretary of state shall immediately provide certification to the new delegate.
VII. The secretary of state shall notify the convention and any delegate involved of the automatic revocation of that delegate’s certification should the delegate violate his or her pledge to act only within the limits of the authority granted by the state of New Hampshire.
20-C:3 Unauthorized Amendment Prohibited.
I. Any unauthorized amendment proposed by the convention shall not be recognized as an amendment to the United States Constitution under New Hampshire law.
II. Neither the New Hampshire house of representatives nor the New Hampshire senate shall consider or ratify any proposed amendment other than the precise text of the amendment contained in the resolution.
20-C:4 Enforcement by Attorney General; Right to Private Action.
I. The provisions of this chapter shall be enforced by the department of justice.
II. A New Hampshire citizen may file an action to enforce the requirements of this chapter and shall be entitled to reasonable attorney’s fees if successful.
2 Effective Date. This act shall take effect 60 days after its passage.