Article V convention commissioner selection and credentialing act
Impact
If enacted, SB211 would significantly impact the state's approach to participating in constitutional conventions. It prescribes that commissioners must be current or former state legislators and outlines strict rules against endorsing unauthorized amendments. Commissioners who disregard this mandate face fines and immediate recall, thus tightening legislative oversight of the convention process. This legislative structure aims to ensure that Montana's representation in any Article V convention aligns closely with its existing legal frameworks and reflects the legislative intent as articulated in state resolutions.
Summary
Senate Bill 211, titled the 'Article V Convention Commissioner Selection and Credentialing Act', establishes protocols for appointing commissioners to represent Montana at a potential Article V convention. This convention, as outlined in the U.S. Constitution, allows for proposing amendments upon the application of two-thirds of the states. The bill seeks to prepare Montana legislators for this eventuality by defining the selection criteria and responsibilities of these commissioners, alongside penalties for any violations of their duties.
Sentiment
The sentiment surrounding SB211 appears to be mixed. Proponents argue that the bill is a necessary safeguard for state sovereignty, as it allows Montana to effectively assert its position on federal jurisdiction and push for amendments that could curb federal overreach, particularly relating to term limits for federal officials. Conversely, critics may view the stringent regulations on commissioners as overly restrictive, potentially stifling diverse opinions that could arise during the amendment process.
Contention
Key points of contention include the limitations placed on what commissioners can propose or endorse at the convention. Critics worry that the bill may restrict discussions around important issues that do not conform strictly to the established parameters, thereby limiting the state’s ability to engage fully in the convention while pursuing broader reforms. Additionally, there are concerns about the ability of the legislature to recall commissioners and the implications of such actions on the democratic process, essentially curtailing individual representation and debate from varying political viewpoints.
Establishes process for selection, instruction, and oversight of commissioners to Article V convention for proposing amendments to United States Constitution; establishes criminal penalties for certain violations.
Establishes process for selection, instruction, and oversight of commissioners to Article V convention for proposing amendments to United States Constitution; establishes criminal penalties for certain violations.
Provides for the selection and authority of commissioners representing the state when a convention is called to propose amendments to the U.S. Constitution pursuant to Article V