H.B. 392
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7 LONG TITLE
8 General Description:
9 This bill establishes requirements for a Utah delegate to a United States constitutional
10 convention.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prohibits a Utah delegate to a United States constitutional convention from voting to
15 approve, or to allow consideration of, an unauthorized amendment;
16 . provides for the removal of a delegate; and
17 . provides criminal penalties.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 63G-19-101 , Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63G-19-101 is enacted to read:
28 63G-19-101. Constitutional convention delegates.
29 (1) As used in this section:
30 (a) "Article V application" means an application or resolution passed by the Legislature
31 and at least 33 other states, requiring Congress to call an Article V convention.
32 (b) "Article V convention" means a convention called for the purpose of proposing an
33 amendment to the United States Constitution as provided in the United States Constitution,
34 Article V.
35 (c) "Delegate" means an individual elected by the Legislature, or by any other method
36 provided by law, to represent the state at an Article V convention.
37 (d) "Legislative instructions" means instruction given by the Legislature to a delegate
38 before or during an Article V convention.
39 (e) "Unauthorized amendment" means a proposed amendment to the United States
40 Constitution that is outside the scope of the Article V application or legislative instruction.
41 (2) A delegate from the state to an Article V convention may not vote to approve, or to
42 allow consideration of, an unauthorized amendment.
43 (3) (a) A delegate who casts a vote to approve, or to allow consideration of, an
44 unauthorized amendment is immediately recalled and shall be replaced by an alternate selected
45 by the Legislature.
46 (b) An alternate selected by the Legislature has the same duties and is subject to the
47 same requirements and penalties as a delegate.
48 (4) Upon selection by the Legislature, or by any other method provided by law, a
49 delegate from the state to an Article V convention shall take the following oath:
50 "I do solemnly swear (or affirm) that to the best of my abilities, I will, as a delegate to
51 an Article V convention, uphold the Constitution and laws of the United States of America and
52 of the State of Utah, and that I will act at all times in accordance with the Article V application
53 and the legislative instructions given to me as a delegate. I will not vote to approve, or to allow
54 consideration of, any unauthorized amendment to the United States Constitution".
55 (5) The Legislature shall certify in writing to the Article V convention:
56 (a) the selection of delegates and alternates;
57 (b) if a delegate is recalled, the recall and replacement of the delegate with an alternate;
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59 (c) if a delegate from the state casts a vote to approve, or to allow consideration of, an
60 unauthorized amendment, the nullification of that vote.
61 (6) A delegate who violates this section is guilty of a class A misdemeanor.
Legislative Review Note
as of 2-21-14 9:24 AM