SB372 Alabama 2015 Session

Under Article V of the United States Constitution, Congress must call a convention upon the application of the Legislatures of two-thirds of the states to consider proposed amendments to the Constitution. Proposed amendments must then be ratified by three-fourths of the states

This bill would establish duties for appointed Article V Convention delegates and alternate delegates

This bill would require the Legislature, by joint resolution, to adopt instructions for delegates and alternate delegates regarding an Article V Convention

This bill would provide that a vote by a delegate outside the scope of the instructions from the Legislature is void

This bill would also provide that a delegate who knowingly or intentionally votes, or attempts to vote, outside the scope of instructions from the Legislature commits a Class A misdemeanor

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to Article V Conventions; to establish duties for appointed delegates and alternate delegates; to require the Legislature, by joint resolution, to adopt instructions to delegates; to provide that a vote outside the scope of the instructions is void; to provide criminal penalties for exceeding the scope of instructions from the Legislature; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.