CSHB 310(STA): "An Act relating to the selection and duties of delegates to a convention of the states."
00 CS FOR HOUSE BILL NO. 310(STA) 01 "An Act relating to the selection and duties of delegates to a convention of the states." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.50 is amended by adding new sections to read: 04 Article 4. Convention of the States. 05 Sec. 15.50.120. Selection of delegates. (a) When a convention of the states is 06 called by a two-thirds vote of the state legislatures under art. V, Constitution of the 07 United States, the legislature shall, by joint resolution, appoint two delegates and two 08 alternate delegates to the convention of the states who 09 (1) are qualified voters as provided by law; 10 (2) have been residents of the state for at least three years preceding 11 appointment; 12 (3) have been residents of the districts from which they are selected for 13 at least one year preceding appointment; and 14 (4) are not members of the United States House of Representatives or 15 the United States Senate.
01 (b) The legislature may, by joint resolution, select a member of the United 02 States House of Representatives or the United States Senate representing the state to 03 attend as an observer a convention of the states called by a two-thirds vote of the state 04 legislatures under art. V, Constitution of the United States. 05 (c) At any time after a delegate or observer is appointed under this section, the 06 legislature may, by joint resolution, recall the delegate, alternate delegate, or observer 07 and, by joint resolution, appoint a new delegate, alternate delegate, or observer. 08 (d) If a rule or procedure established by a convention of the states called by a 09 two-thirds vote of the state legislatures under art. V, Constitution of the United States, 10 is different than the procedure established under this section, selection of the delegates 11 shall comply with the rule or procedure established by the constitutional convention, 12 and the delegates shall comply with AS 15.50.130. 13 Sec. 15.50.130. Duties of delegates. (a) Before the date established for 14 convening a convention of the states, the legislature shall, by joint resolution, provide 15 instructions to delegates and alternate delegates selected under AS 15.50.120(a) and 16 (c) regarding the topics the delegates may consider and vote on at the convention of 17 the states. 18 (b) Each delegate and alternate delegate appointed under AS 15.50.120(a) and 19 (c) shall be sworn as follows: 20 Oath of Convention Delegate 21 I do solemnly swear or affirm that I will support and defend the 22 Constitution of the United States and the Constitution of the State of 23 Alaska, and that I will faithfully discharge my duties as a delegate 24 appointed by the Alaska State Legislature, follow the instructions and 25 authorization provided in the joint resolution passed by the legislature 26 as provided in AS 15.50.130(a), and faithfully and impartially 27 discharge all of the duties incumbent upon a convention delegate to the 28 best of my ability. 29 (c) A delegate appointed under AS 15.50.120(a) or (c) who casts or attempts 30 to cast a vote at a convention of the states that is not authorized by the instructions the 31 legislature provided by joint resolution under (a) of this section violates the oath under
01 (b) of this section, and the delegate's vote shall be considered ultra vires and void. A 02 delegate who casts or attempts to cast a vote not authorized under (a) of this section 03 shall be immediately removed as a delegate and replaced by an alternate delegate as 04 provided under AS 15.50.120(c). 05 (d) A delegate appointed under AS 15.50.120(a) or (c) who knowingly casts or 06 attempts to cast a vote not authorized under (a) of this section is guilty of a class C 07 felony and may be punished as provided in AS 12.55.