HB2596 100TH GENERAL ASSEMBLY

LRB100 11028 RJF 21267 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2596

Introduced , by Rep. Robert Martwick

SYNOPSIS AS INTRODUCED:

5 ILCS 5/5 new

Amends the U.S. Constitution Amendment Act. Provides requirements for the selection and duties of delegates to a convention for the proposition of an amendment to the United States Constitution, as provided under Article V of the United States Constitution. Defines terms.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The U. S. Constitution Amendment Act is amended by adding Section 5 as follows:

(5 ILCS 5/5 new)

Sec. 5. Constitution amendment convention.

(a) As used in this Section:

"Article V application" means an application or resolution passed by the General Assembly applying to Congress to call an Article V convention.

"Article V convention" means a convention called for the purpose of proposing an amendment to the United States Constitution as provided in Article V of the United States Constitution.

"Delegate" means an individual elected by the General Assembly, or by any other method provided by law, to represent the State at an Article V convention.

"Legislative instructions" means instruction given by the General Assembly to a delegate before or during an Article V convention.

"Unauthorized amendment" means a proposed amendment or change to the United States Constitution that is outside the scope of the Article V application and legislative instructions.

(b) A delegate from the State to an Article V convention may not act in a manner that supports or approves the proposing of an unauthorized amendment or change to the United States Constitution by the convention.

(c) A delegate who violates subsection (b) of this Section is immediately recalled and shall be replaced by an alternate selected by the General Assembly. An alternate selected by the General Assembly has the same duties and is subject to the same requirements and penalties as a delegate selected under this Section.

(d) Upon selection by the General Assembly, or by any other method provided by law, a delegate from the State to an Article V convention shall take the following oath:

"I do solemnly swear (or affirm) that to the best of my abilities, I will, as a delegate to an Article V convention, uphold the Constitution and laws of the United States of America and of the State of Illinois, and that I will act at all times in accordance with the Article V application and the legislative instructions given to me as a delegate. I will not act in a manner that supports or approves the proposing of an unauthorized amendment or change to the United States Constitution by the convention."

(e) The General Assembly shall certify in writing to the Article V convention:

(1) the selection of delegates and alternates;

(2) if a delegate is recalled, the recall and replacement of the delegate with an alternate; and

(3) if a delegate from the State violates subsection (b) of this Section, the nullification of the action that violated subsection (b) of this Section.