SB2204 97TH GENERAL ASSEMBLY

LRB097 10386 RLJ 50604 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2204

Introduced 2/10/2011, by Sen. Chris Lauzen

SYNOPSIS AS INTRODUCED:

New Act

Creates the No Runaway Convention and Single Amendment Limitation Act. Provides that no delegate from Illinois to a Convention has the authority to vote to consider or approve any proposed amendment to the United States Constitution other than the amendment authorized in the Madison Amendment (an Amendment concerning fiscal discipline, legislative transparency, and unfunded mandates). Sets forth the provisions of the Madison Amendment. Sets forth the oath and duties of an Illinois delegate.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

WHEREAS, The following resolution which may be referred to as the Madison Amendment has been filed during the 97th General Assembly:

"WHEREAS, Recent experience has shown that the safeguards in the United States Constitution, as currently interpreted by the Judiciary, are insufficient to require the federal government to comply with such basic rules of fiscal responsibility as balancing its own budget, preventing the abuse of its legislative process, and mandating upon state government duties within adequate funding; and

WHEREAS, Those who framed and adopted the United States Constitution included a provision by which state legislatures may require Congress to call a convention for proposing amendments as a way to respond to disagreements in constitutional interpretation or abuses by federal officials; and

WHEREAS, the Illinois General Assembly accordingly makes application to Congress for the calling of a convention for proposing an amendment to the United States Constitution imposing certain rules of fiscal discipline, providing for legislative transparency, and preventing unfunded mandates on the federal government; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we urge Congress to call for a Convention to propose an Amendment to the federal Constitution:

Section 1. The Illinois General Assembly does hereby make an application to the Congress of the United States pursuant to Article V of the Constitution of the United States to call an Article V Amendment Convention for the sole purpose of voting to propose or voting not to propose the following specific Amendment to the Constitution of the United States:

"ARTICLE___. The Congress, on Application of the Legislatures of two thirds of the several States, which all contain an identical Amendment, shall call a Convention solely to decide whether to propose that specific Amendment to the States, which, if proposed shall be valid to all intents and purposes as part of the Constitution when ratified pursuant to Article V."

Section 2. For the purpose of determining whether the required two-thirds of the Legislatures of the several states have applied for a Convention, this Application may be counted and considered valid only in conjunction with qualifying applications of other States that contain the identical text of the specific Amendment contained in this Application and whose application requires that the sole purpose of the Convention is to decide whether to propose, or not to propose this specific Amendment.

Section 3. This joint resolution is revoked and withdrawn, nullified and superseded to the same effect as if it had never been passed, and retroactive to the date of passage, if it is used to conduct a convention that votes to propose any Amendment other than the specific text of the Amendment contained in Section 1 of this resolution.

Section 4. Every delegate selected to represent Illinois at a Convention that Congress shall call pursuant to this resolution shall take an oath, enforceable under Illinois law, to abide by and act according to the limits imposed by this resolution on the purpose of the Convention.

Section 5. Any delegate selected to represent Illinois at a Convention that Congress shall call pursuant to this resolution shall have no authority to consider or approve any other Amendment but the one contained in this Application. Any vote taken in violation of this limitation shall be null and void, and any delegate who so votes shall have no authority to represent Illinois on any matter at the Convention.

Section 6. This Application shall only be valid if two-thirds of the states shall make a qualifying Application within seven years of its referral for ratification to the states by Congress under the provisions of Article V.

Section 7. This Application shall be null and void and of no effect if Congress, within ninety days of receipt of qualifying Applications from two-thirds of the states, shall propose and refer for ratification by the several states under the procedures outlined in Article V of the United States Constitution, the same exact text of the Amendment contained in this Application.

Section 8. Copies of this Application shall be delivered within thirty days of its passage to the Speaker of the United States House of Representatives, the Clerk of the United States House of Representatives, the President pro tempore of the United States Senate, the Secretary of the United States Senate, every member of Congress from Illinois, and the presiding officers of each house of the legislature of the several states.

Section 9. This joint resolution shall not take effect unless and until the proper implementing legislation is enacted by the General Assembly;" and therefore

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

Section 1. Short title. This Act may be cited as the No Runaway Convention and Single Amendment Limitation Act.

Section 5. Definitions. As used in this Act:

"Amendment" means the amendment to the United States Constitution contained in the Madison Amendment. The language of the amendment is as follows: "ARTICLE___. The Congress, on Application of the Legislatures of two thirds of the several States, which all contain an identical Amendment, shall call a Convention solely to decide whether to propose that specific Amendment to the States, if proposed shall be valid to all intents and purposes as part of the Constitution when ratified pursuant to Article V."

"Convention" means the convention called for under the authority of Article V of the United States Constitution in the Madison Amendment.

"Qualifying application" means a resolution passed by states calling for a Convention under the authority of Article V of the United States Constitution that contains the same language as the amendment, and which requires that the sole permitted purpose of the convention is to decide whether to propose, or not to propose, the amendment.

"Unauthorized amendment or proposed amendment" means any amendment considered or voted on by the convention that is not precisely identical to the amendment described in the definition of amendment set forth in this Section.

Section 10. Delegates; duties.

(a) No delegate from Illinois to the Convention has the authority to vote to consider or approve any proposed amendment to the United States Constitution other than the amendment authorized in the Madison Amendment.

(b) Any vote taken by a delegate from Illinois at the Convention in violation of subsection (a) of this Section shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the Convention.

(c) Every delegate from Illinois to the Convention called for by the Madison Amendment 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 the Convention, uphold the Constitution and laws of the United States and Illinois. I will accept and will act according to the limits of the authority as a delegate granted to me by Illinois law, and I will not vote to consider or approve any amendment to the United States Constitution other than the precise text of the amendment contained in the implementing bill for the Madison Amendment passed by the Illinois General Assembly. I understand and accept any penalties that may be imposed on me by Illinois law for violating this oath."

(d) Any delegate who violates the oath contained in subsection (c) of this Section shall be subject to a Class B misdemeanor, and shall forfeit all licenses to conduct business or engage in any profession that requires a license in Illinois.

(e) The Secretary of State shall certify the selection of the Illinois delegates in writing to the Convention and shall provide a copy of the certification to each delegate. No delegate shall have authority to vote or otherwise serve as a delegate at the Convention without the certification.

(f) The Secretary of State shall promulgate administrative regulations setting out a process for selecting alternative delegates to the Convention in the event a delegate becomes unable or ineligible to serve. If a delegate becomes ineligible to serve under the provisions of subsection (d) of this section, the alternate delegate shall immediately be entitled to represent Illinois as a delegate in place of the delegate who has become ineligible and the Secretary of State shall immediately provide certification to the new delegate.

Section 15. Limitations. Neither the Illinois House of Representatives nor the Illinois Senate shall consider or ratify any proposed amendment concerning the issues addressed in the Madison Amendment other than the precise text of the amendment included in the Madison Amendment.

Section 20. Enforcement.

(a) The provisions of this Act may be enforced by the Illinois Attorney General.

(b) A citizen may file an action in any circuit court within the State to enforce this Act and shall be entitled to reasonable attorney's fees if successful.