AB165: Bill Text

LRB-2332/1

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2017 - 2018 LEGISLATURE

2017 Assembly BILL 165

March 20, 2017 - Introduced by Representatives Bernier, Knodl, E. Brooks, Duchow, Edming, Horlacher, Hutton, Jarchow, Kremer, Krug, Kuglitsch, Kulp, Mursau, Neylon, Rohrkaste, Sanfelippo, Schraa, Spiros, Steffen, Thiesfeldt and R. Brooks, cosponsored by Senators Kapenga, Craig, Lasee and Stroebel. Referred to Committee on Federalism and Interstate Relations.

AB165,1,2 An Act to create 13.176 of the statutes; relating to: appointing delegates for a convention under Article V of the United States Constitution.

Analysis by the Legislative Reference Bureau

Under Article V of the United States Constitution, upon the application of the legislatures of at least two-thirds of the states, Congress must call a convention for the purpose of proposing amendments to the U.S. Constitution. Under this bill, if Congress calls such a convention, the legislature and the governor must appoint seven delegates to attend the convention as representatives of this state.

Under this bill, if a delegate votes at the convention to consider or approve an unauthorized amendment, the delegate may be immediately dismissed by the approval of a majority of the other appointed delegates for this state and replaced with a new appointee. The bill defines an “unauthorized amendment" as an amendment that is outside the scope of the application or the call of the convention.

The bill also requires the legislature to create a joint committee of correspondence that is responsible for communications with delegates to the convention. The delegates are to presume that the committee approves any proposed adoption or modification of rules governing the convention if the committee does not render a decision on the proposed adoption or modification of such rules within six hours of receiving notice from the delegates.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB165,1 Section 1. 13.176 of the statutes is created to read:

AB165,2,2 13.176 Article V convention. (1) In this section:

AB165,2,5 (a) “Article V application" means a joint resolution, as authorized under article V of the U.S. Constitution, adopted by both houses of the legislature applying to Congress for an article V convention for proposing amendments.

AB165,2,9 (b) “Article V convention" means a convention called by Congress upon application of the legislatures of at least two-thirds of the states for the purpose of proposing amendments to the U.S. Constitution, as authorized by article V of the U.S. Constitution.

AB165,2,11 (c) “Delegate" means an individual appointed under sub. (2) to represent the state of Wisconsin at an article V convention.

AB165,2,14 (d) “Unauthorized amendment" means a proposed amendment to the U.S. Constitution that is outside the scope of the subject matter of the article V application or the call of the article V convention.

AB165,2,17 (2) (a) If, as a result of an article V application, Congress calls an article V convention, the legislature and the governor shall appoint 7 delegates to attend the convention as follows:

AB165,2,18 1. The speaker of the assembly shall appoint 3 members of the assembly.

AB165,2,19 2. The president of the senate shall appoint 3 members of the senate.

AB165,2,20 3. The governor shall appoint 1 member of either the assembly or the senate.

AB165,2,22 (b) The legislature and the governor shall appoint 5 alternate delegates to attend the convention as follows:

AB165,2,23 1. The speaker of the assembly shall appoint 2 members of the assembly.

AB165,2,24 2. The president of the senate shall appoint 2 members of the senate.

AB165,2,25 3. The governor shall appoint 1 member of either the assembly or the senate.

AB165,3,2 (c) Any vacancy in the delegation appointed under par. (a) shall be filled by an alternate delegate appointed under par. (b) within 24 hours.

AB165,3,4 (d) The term for each delegate begins with the call of the article V convention and ends on the day of the final adjournment of the convention.

AB165,3,6 (3) (a) No delegate appointed under sub. (2) may vote at an article V convention to consider or approve an unauthorized amendment.

AB165,3,11 (b) Any delegate voting in violation of par. (a) may be immediately dismissed as a delegate by the approval of a majority of the other delegates appointed under sub. (2). No more than one delegate at a time may be dismissed under this paragraph. If a delegate is dismissed, another delegate may not be dismissed until a new delegate has been appointed to replace the first dismissed delegate.

AB165,3,15 (c) The speaker of the assembly, president of the senate, and governor shall each maintain a list of alternate appointees, in addition to the alternate delegates appointed under sub. (2) (b), in case a delegate is dismissed as provided under par. (b).

AB165,3,18 (4) The secretary of state shall certify in writing to the article V convention the identity of the delegates appointed under sub. (2) or dismissed under sub. (3) (b) and the filling of any delegation vacancy within 24 hours.

AB165,4,5 (5) After Congress calls for an article V convention, the legislature shall create a joint committee of correspondence responsible for communications with the delegates to the convention. The delegates shall direct all communications with the legislature to the joint committee of correspondence, including the proposed adoption or modification of the rules governing the convention. If the joint committee of correspondence does not render a decision on any proposed adoption or modification of rules governing the article V convention within 6 hours of receiving notification from the delegates, the delegates shall presume that the committee approves the proposed adoption or modification of such rules. For the purpose of determining a quorum of the committee necessary to transact business, a committee member who participates in a meeting of the committee by telephone or by other means of telecommunication or electronic communications is considered present.

AB165,4,6 (End)