Revision: Nov. 17, 2021, 11:16 a.m.
HB 1170 - AS INTRODUCED
2022 SESSION
22-2059
07/11
HOUSE BILL 1170
AN ACT limiting the authority of New Hampshire delegates to policymaking conventions.
SPONSORS: Rep. Wallace, Rock. 12; Rep. Ulery, Hills. 37; Rep. Hobson, Rock. 35; Rep. Torosian, Rock. 14; Rep. Bernardy, Rock. 16
COMMITTEE: Legislative Administration
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ANALYSIS
This bill:
I. Establishes a procedure for the selection of delegates to an inter/intrastate policy-making convention.
II. Limits the authority of delegates to policymaking conventions to only those granted by the New Hampshire legislature.
III. Creates a procedure for recalling and replacing delegates to policymaking conventions who act outside of the scope of the authority granted to them by the New Hampshire legislature.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2059
07/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT limiting the authority of New Hampshire delegates to policymaking conventions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Authority of New Hampshire Delegates to Interstate Conventions. Amend RSA by inserting after chapter 20-B the following new chapter:
CHAPTER 20-C
AUTHORITY OF NEW HAMPSHIRE DELEGATES TO INTERSTATE CONVENTIONS
20-C:1 Definitions. In this chapter:
I. "Article V convention" means a convention for the purpose of proposing amendments, called by the states pursuant to Article V of the Constitution for the United States of America.
II. "Article V petition" means a concurrent resolution by the general court of New Hampshire calling for a convention pursuant to the Constitution for the United States, Article V, if such an eventuality were to occur.
III. "Delegate" means a person from the state of New Hampshire, selected by law to represent the people and state of New Hampshire at any interstate/intrastate convention, including but not limited to an Article V convention.
IV. "Interstate convention" means a multi-state gathering, function, or 'virtual' workgroup which formally convenes for the purpose of coordinating or proposing new written policy or amendments to existing laws, rules, or policies, whether such convened body occurs pursuant to Article V in the Constitution for the United States of America or occurs due to any other existing interstate or intrastate policy-making body such as the Uniform Law Commission.
V. "Permitted scope” means the topic of an amendment or specific language of an amendment or proposal that may be considered by any given interstate or intrastate convened body, in which numerous states are represented, including but not limited to an Article V convention.
20-C:2 Selection of Delegates.
I. Whenever an interstate convention is called and convened, the New Hampshire general court shall select delegates as follows:
(a) Four members of the delegation shall be appointed by the New Hampshire house of representatives.
(b) Three members of the delegation shall be appointed by the New Hampshire senate.
(c) No person holding any office or position within the government of the United States of America, including members of congress, the federal judiciary, or the federal executive branch, shall be named a delegate.
II. A list of seven alternate delegates shall be selected and given priority as follows:
(a) The first alternate shall be appointed by the New Hampshire senate.
(b) The second alternate shall be appointed by the New Hampshire house of representatives.
(c) The remaining alternates appointments shall be filled using the method of alternating the appointing body as used in subparagraphs II(a) and (b) until the remaining alternate spots are full.
III. In the event that any delegate is unable or unwilling to serve, or if the delegate becomes disqualified as provided in subparagraph I(c) of this section or RSA 20-C:3, II, the New Hampshire secretary of state shall immediately notify the first-named alternate that he or she has been appointed a delegate. The New Hampshire secretary of state shall also immediately notify the presiding officer of the convention that a replacement delegate has been named to represent the state.
IV. The expenses of the delegates to the convention shall be paid at the same per diem rate as received by members of the general court.
20-C:3 Authority of Delegates.
I. Delegates from New Hampshire to an interstate convention shall not have the authority to allow consideration, support, or approve an unauthorized amendment. Improper consideration, support, or approval shall include, but not be limited to, making or seconding a motion, voting for, or otherwise taking any formal action in favor of an unauthorized amendment to the United States constitution.
II. Any vote taken by a delegate from New Hampshire at an interstate convention in violation of paragraph I shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the convention in question. Any delegate from New Hampshire who has reason to believe that any other delegate from New Hampshire has taken such disqualifying action shall immediately report such action to the New Hampshire secretary of state. Upon receipt of written or other recorded evidence of unauthorized consideration, support, or approval by a delegate, the New Hampshire secretary of state shall take immediate action to revoke the credentials of the offending delegate and immediately issue new credentials to the first named alternate.
III. Every delegate from New Hampshire to an interstate convention 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 an interstate convention, uphold the Constitution and laws of the United States of America and the state of New Hampshire. I will accept and act in accordance 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 unauthorized amendment or policy proposal introduced by the convention as prohibited by New Hampshire law. I understand and accept any penalties that may be imposed on me by New Hampshire law for violating this oath.”
IV. The New Hampshire secretary of state shall certify the selection of the New Hampshire delegates in writing to the official organizers of the proposed convention in question and shall provide a copy of the certification to each delegate to such convention. No delegate shall have the authority to vote or otherwise serve as a delegate at the designated interstate convention without the certification.
V. The secretary of state shall notify the official organizers of the interstate convention in question and all appointed delegates to such convention of the automatic revocation of any 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 New Hampshire.
20-C:4 Enforcement. The provisions of this chapter shall be enforced by the New Hampshire secretary of state.
2 Effective Date. This act shall take effect 60 days after its passage.