Provide for article V commissioner selection and oversight
Impact
The enactment of SB120 would significantly influence how states participate in constitutional amendment processes. By formalizing the appointment and oversight of commissioners, Montana would have a clearer framework governing its involvement in any potential amendments proposed during an Article V convention. This bill aims to centralize authority within the state legislature by allowing it to appoint commissioners and maintain control over their actions, reducing the risk of individual commissioners acting independently and without accountability.
Summary
Senate Bill 120, introduced by T. McGillvray, aims to establish a structured process for the selection, oversight, and removal of commissioners who will represent Montana at an Article V convention for proposing amendments to the U.S. Constitution. The bill includes specific qualifications for such commissioners, ensuring that they are U.S. citizens with no recent federal employment or felony convictions. Additionally, it creates an advisory committee responsible for organizing and guiding the actions of these commissioners during the convention. The overarching goal of SB120 is to ensure that Montana's representatives at the convention are carefully vetted and accountable to the state legislature.
Sentiment
Sentiment towards SB120 appears to be mixed among lawmakers and stakeholders. Proponents of the bill argue that it fosters a sense of responsibility and transparency in the amendment process, thereby protecting the integrity of Montana's representation. They believe that clear guidelines for selection and conduct will serve the state's interests well. Conversely, opponents raise concerns about the potential for overly restrictive measures that could impede the adaptability and responsiveness of Montana's representation in a convention where flexibility may be critical.
Contention
Notable points of contention surrounding SB120 include debates on the specific qualifications imposed on commissioners, which some see as unnecessarily stringent and potentially exclusionary. The bill also stipulates that commissioners must adhere to their commissioning resolutions and may face removal for exceeding their authority. Critics worry that this may restrict the commissioners' ability to engage freely in discussions during the convention, potentially stifling important amendments that require broader consideration. This tension between oversight and operational flexibility is a key aspect of the current dialogue regarding SB120.
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.