00 HOUSE BILL NO. 310 01 "An Act relating to the selection and duties of delegates to a United States constitutional 02 convention." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 15.50 is amended by adding new sections to read: 05 Article 4. United States Constitutional Conventions.  06 Sec. 15.50.120. Selection of delegates. (a) When a United States constitutional 07 convention is called by a two-thirds vote of the state legislatures under art. V, 08 Constitution of the United States, the legislature shall, by joint resolution, appoint 09 delegates and alternate delegates to the constitutional convention who 10 (1) are qualified voters as provided by law; 11 (2) have been residents of the state for at least three years preceding 12 appointment; 13 (3) have been residents of the districts from which they are selected for 14 at least one year preceding appointment; and 01 (4) are not members of the United States House of Representatives or 02 the United States Senate. 03 (b) The legislature may, by joint resolution, select a member of the United 04 States House of Representatives or the United States Senate representing the state to 05 attend as an observer a United States constitutional convention called by a two-thirds 06 vote of the state legislatures under art. V, Constitution of the United States. 07 (c) At any time after a delegate or observer is appointed under this section, the 08 legislature may, by joint resolution, recall the delegate, alternate delegate, or observer 09 and, by joint resolution, appoint a new delegate, alternate delegate, or observer. 10 (d) If a rule or procedure established by a constitutional convention called by a 11 two-thirds vote of the state legislatures under art. V, Constitution of the United States, 12 is different than the procedure established under this section, selection of the delegates 13 shall comply with the rule or procedure established by the constitutional convention, 14 and the delegates shall comply with AS 15.50.130. 15 (e) Delegates and alternate delegates serve without compensation. 16 Sec. 15.50.130. Duties of delegates. (a) Before the date established for 17 convening a United States constitutional convention, the legislature shall, by joint 18 resolution, provide instructions to delegates and alternate delegates selected under 19 AS 15.50.120(a) and (c) regarding the topics the delegates may consider and vote on 20 at the constitutional convention. 21 (b) Each delegate and alternate delegate appointed under AS 15.50.120(a) and 22 (c) shall be sworn as follows: 23 Oath of Constitutional Convention Delegate 24 I do solemnly swear or affirm that I will support and defend the 25 Constitution of the United States and the Constitution of the State of 26 Alaska, and that I will faithfully discharge my duties as a delegate 27 appointed by the Alaska State Legislature, follow the instructions and 28 authorization provided in the joint resolution passed by the legislature 29 as provided in AS 15.50.130(a), and faithfully and impartially 30 discharge all of the duties incumbent upon a convention delegate to the 31 best of my ability. 01 (c) A delegate appointed under AS 15.50.120(a) or (c) who casts or attempts 02 to cast a vote at a United States constitutional convention that is not authorized by the 03 instructions the legislature provided by joint resolution under (a) of this section 04 violates the oath under (b) of this section, and the delegate's vote shall be considered 05 ultra vires and void. A delegate who casts or attempts to cast a vote not authorized 06 under (a) of this section shall be immediately removed as a delegate and replaced by 07 an alternate delegate as provided under AS 15.50.120(c). 08 (d) A delegate appointed under AS 15.50.120(a) or (c) who knowingly casts or 09 attempts to cast a vote not authorized under (a) of this section is guilty of a class C 10 felony and may be punished as provided in AS 12.55.