MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Constitution
By: Representative Staples
AN ACT TO PROVIDE A PROCEDURE RELATING TO A CONVENTION CALLED FOR PROPOSING AMENDMENTS TO THE UNITED STATES CONSTITUTION; TO PROVIDE THAT THE DELEGATES SHALL BE APPOINTED BY THE LEGISLATURE; TO REQUIRE DELEGATES BE RESIDENTS OF THE STATE OF MISSISSIPPI; TO PLACE CERTAIN CONDITIONS ON THE DELEGATES; TO PROVIDE FOR THE REMOVAL OF A DELEGATE WHO VOTES IN VIOLATION OF THE CONDITIONS; TO PROVIDE A PENALTY FOR WILLFUL VIOLATIONS BY A DELEGATE; TO ESTABLISH THE ARTICLE V CONVENTION DELEGATE ADVISORY GROUP AND SET FORTH ITS POWERS AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this chapter, unless the context requires a different meaning:
(a) "Application" means a joint resolution passed by the Legislature or an application made by the Legislature of any other state calling for a convention and relied on by the United States Congress in calling a convention.
(b) "Convention" means a convention for proposing amendments to the United States Constitution called for by the states pursuant to Article V of the United States Constitution.
(c) "Delegate" means an individual who is appointed by the Legislature to represent the state at a convention.
(d) "Alternate delegate" means an individual who is appointed by the Legislature as an alternate to a delegate.
SECTION 2. (1) Any time a convention is called pursuant to Article V of the United States Constitution, the Mississippi State Legislature, or an official or entity designated by the Legislature, shall appoint the number of delegates allocated to represent the state at the convention and an equal number of alternate delegates to such convention. All delegates and alternate delegates shall be residents of the state.
(2) At any time, the Legislature may by joint resolution recall delegates or alternate delegates or appoint new delegates or alternate delegates.
(3) As a condition to appointment as a delegate or alternate delegate, each delegate and alternate delegate shall, by oath or affirmation, agree to abide by the instructions for participation in the convention established by joint resolution of the Legislature.
SECTION 3. (1) At the time delegates and alternate delegates are appointed, the Legislature shall by joint resolution provide instructions to the delegates regarding the scope of matters they may consider and vote on at the convention, including rules of procedure and proposed amendments. The Legislature may amend the instructions by joint resolution prior to or during the course of the convention.
(2) No delegate or alternate delegate shall vote on a proposed amendment that varies from the exact text of the amendment contained in the application calling for the convention or a proposed amendment that is outside the scope of the permitted subject matter as defined in the instructions adopted by the Legislature by joint resolution.
(3) Any delegate casting or attempting to cast a vote in violation of this section shall be rendered ineligible to continue to serve as a delegate and shall be immediately removed from his office and replaced by an alternate delegate. Any vote cast in violation of this section is void.
(4) Any delegate who knowingly and willfully violates this section is punishable by imprisonment for not more than two (2) years, or a fine of not more than Two Thousand Dollars ($2,000.00), or both.
SECTION 4. (1) The Article V Convention Delegate Advisory Group is established and shall be composed of the Chief Justice of the Mississippi State Supreme Court and one (1) other justice of the court to be appointed by the chief justice, the Chief Justice of the Mississippi Court of Appeals and one (1) other justice of the court to be appointed by the chief justice, one (1) circuit court judge to be appointed by the Governor, one (1) chancery court judge to be appointed by the Governor, and one (1) attorney to be appointed by the Governor.
(2) The Chief Justice of the Mississippi State Supreme Court shall be the chair of the advisory group. The group shall meet at the call of the chair and shall establish policies and procedures that it determines necessary to carry out the provisions of this section.
(3) Upon request of a delegate or alternate delegate, the group may advise a delegate or alternate delegate that there is reason to believe that an action by a delegate or alternate delegate would violate instructions to the delegates regarding the scope of matters that they may consider at the convention. The group may issue an advisory determination under this subsection in any summary manner considered appropriate by the group.
(4) On its own motion, or upon request of the Speaker of the Mississippi House of Representatives or the President Pro Tempore of the Mississippi State Senate, the group may advise the State Attorney General that there is reason to believe that a vote or an attempt to vote by a delegate or alternate delegate has violated or would violate instructions to the delegates regarding the scope of matters that they may consider at the convention. The group may then issue an advisory determination under this subsection, either without notice or an evidentiary proceeding, or after a hearing conducted by the group. The Attorney General shall be notified immediately about such an advisory determination, and he shall inform the applicable delegate(s) or alternate delegate(s) that any vote taken in violation of their instructions is prohibited by law and has no effect and that the credentials of the delegate(s) or alternate delegate(s) are revoked.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.