97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2204

 

Introduced 2/10/2011, by Sen. Chris Lauzen

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the No Runaway Convention and Single Amendment Limitation Act. Provides that no delegate from Illinois to a Convention has the authority to vote to consider or approve any proposed amendment to the United States Constitution other than the amendment authorized in the Madison Amendment (an Amendment concerning fiscal discipline, legislative transparency, and unfunded mandates). Sets forth the provisions of the Madison Amendment. Sets forth the oath and duties of an Illinois delegate.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning government.
 
2    WHEREAS, The following resolution which may be referred to
3as the Madison Amendment has been filed during the 97th General
4Assembly:
5    "WHEREAS, Recent experience has shown that the safeguards
6in the United States Constitution, as currently interpreted by
7the Judiciary, are insufficient to require the federal
8government to comply with such basic rules of fiscal
9responsibility as balancing its own budget, preventing the
10abuse of its legislative process, and mandating upon state
11government duties within adequate funding; and
 
12    WHEREAS, Those who framed and adopted the United States
13Constitution included a provision by which state legislatures
14may require Congress to call a convention for proposing
15amendments as a way to respond to disagreements in
16constitutional interpretation or abuses by federal officials;
17and
 
18    WHEREAS, the Illinois General Assembly accordingly makes
19application to Congress for the calling of a convention for
20proposing an amendment to the United States Constitution
21imposing certain rules of fiscal discipline, providing for
22legislative transparency, and preventing unfunded mandates on
23the federal government; therefore, be it
 

 

 

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1    RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL
2ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
3CONCURRING HEREIN, that we urge Congress to call for a
4Convention to propose an Amendment to the federal Constitution:
5        Section 1. The Illinois General Assembly does hereby
6    make an application to the Congress of the United States
7    pursuant to Article V of the Constitution of the United
8    States to call an Article V Amendment Convention for the
9    sole purpose of voting to propose or voting not to propose
10    the following specific Amendment to the Constitution of the
11    United States:
12        "ARTICLE___. The Congress, on Application of the
13    Legislatures of two thirds of the several States, which all
14    contain an identical Amendment, shall call a Convention
15    solely to decide whether to propose that specific Amendment
16    to the States, which, if proposed shall be valid to all
17    intents and purposes as part of the Constitution when
18    ratified pursuant to Article V."
19        Section 2. For the purpose of determining whether the
20    required two-thirds of the Legislatures of the several
21    states have applied for a Convention, this Application may
22    be counted and considered valid only in conjunction with
23    qualifying applications of other States that contain the
24    identical text of the specific Amendment contained in this
25    Application and whose application requires that the sole
26    purpose of the Convention is to decide whether to propose,

 

 

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1    or not to propose this specific Amendment.
2        Section 3. This joint resolution is revoked and
3    withdrawn, nullified and superseded to the same effect as
4    if it had never been passed, and retroactive to the date of
5    passage, if it is used to conduct a convention that votes
6    to propose any Amendment other than the specific text of
7    the Amendment contained in Section 1 of this resolution.
8        Section 4. Every delegate selected to represent
9    Illinois at a Convention that Congress shall call pursuant
10    to this resolution shall take an oath, enforceable under
11    Illinois law, to abide by and act according to the limits
12    imposed by this resolution on the purpose of the
13    Convention.
14        Section 5. Any delegate selected to represent Illinois
15    at a Convention that Congress shall call pursuant to this
16    resolution shall have no authority to consider or approve
17    any other Amendment but the one contained in this
18    Application. Any vote taken in violation of this limitation
19    shall be null and void, and any delegate who so votes shall
20    have no authority to represent Illinois on any matter at
21    the Convention.
22        Section 6. This Application shall only be valid if
23    two-thirds of the states shall make a qualifying
24    Application within seven years of its referral for
25    ratification to the states by Congress under the provisions
26    of Article V.

 

 

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1        Section 7. This Application shall be null and void and
2    of no effect if Congress, within ninety days of receipt of
3    qualifying Applications from two-thirds of the states,
4    shall propose and refer for ratification by the several
5    states under the procedures outlined in Article V of the
6    United States Constitution, the same exact text of the
7    Amendment contained in this Application.
8        Section 8. Copies of this Application shall be
9    delivered within thirty days of its passage to the Speaker
10    of the United States House of Representatives, the Clerk of
11    the United States House of Representatives, the President
12    pro tempore of the United States Senate, the Secretary of
13    the United States Senate, every member of Congress from
14    Illinois, and the presiding officers of each house of the
15    legislature of the several states.
16        Section 9. This joint resolution shall not take effect
17    unless and until the proper implementing legislation is
18    enacted by the General Assembly;" and therefore
 
19    Be it enacted by the People of the State of Illinois,
20represented in the General Assembly:
 
21    Section 1. Short title. This Act may be cited as the No
22Runaway Convention and Single Amendment Limitation Act.
 
23    Section 5. Definitions. As used in this Act:

 

 

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1    "Amendment" means the amendment to the United States
2Constitution contained in the Madison Amendment. The language
3of the amendment is as follows: "ARTICLE___. The Congress, on
4Application of the Legislatures of two thirds of the several
5States, which all contain an identical Amendment, shall call a
6Convention solely to decide whether to propose that specific
7Amendment to the States, if proposed shall be valid to all
8intents and purposes as part of the Constitution when ratified
9pursuant to Article V."
10    "Convention" means the convention called for under the
11authority of Article V of the United States Constitution in the
12Madison Amendment.
13    "Qualifying application" means a resolution passed by
14states calling for a Convention under the authority of Article
15V of the United States Constitution that contains the same
16language as the amendment, and which requires that the sole
17permitted purpose of the convention is to decide whether to
18propose, or not to propose, the amendment.
19    "Unauthorized amendment or proposed amendment" means any
20amendment considered or voted on by the convention that is not
21precisely identical to the amendment described in the
22definition of amendment set forth in this Section.
 
23    Section 10. Delegates; duties.
24    (a) No delegate from Illinois to the Convention has the
25authority to vote to consider or approve any proposed amendment

 

 

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1to the United States Constitution other than the amendment
2authorized in the Madison Amendment.
3    (b) Any vote taken by a delegate from Illinois at the
4Convention in violation of subsection (a) of this Section shall
5be null and void. Any delegate making this vote shall be
6immediately disqualified from serving as a delegate to the
7Convention.
8    (c) Every delegate from Illinois to the Convention called
9for by the Madison Amendment shall be required to take the
10following oath:
11        "I do solemnly swear or affirm that to the best of my
12    abilities, I will, as a delegate to the Convention, uphold
13    the Constitution and laws of the United States and
14    Illinois. I will accept and will act according to the
15    limits of the authority as a delegate granted to me by
16    Illinois law, and I will not vote to consider or approve
17    any amendment to the United States Constitution other than
18    the precise text of the amendment contained in the
19    implementing bill for the Madison Amendment passed by the
20    Illinois General Assembly. I understand and accept any
21    penalties that may be imposed on me by Illinois law for
22    violating this oath."
23    (d) Any delegate who violates the oath contained in
24subsection (c) of this Section shall be subject to a Class B
25misdemeanor, and shall forfeit all licenses to conduct business
26or engage in any profession that requires a license in

 

 

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1Illinois.
2    (e) The Secretary of State shall certify the selection of
3the Illinois delegates in writing to the Convention and shall
4provide a copy of the certification to each delegate. No
5delegate shall have authority to vote or otherwise serve as a
6delegate at the Convention without the certification.
7    (f) The Secretary of State shall promulgate administrative
8regulations setting out a process for selecting alternative
9delegates to the Convention in the event a delegate becomes
10unable or ineligible to serve. If a delegate becomes ineligible
11to serve under the provisions of subsection (d) of this
12section, the alternate delegate shall immediately be entitled
13to represent Illinois as a delegate in place of the delegate
14who has become ineligible and the Secretary of State shall
15immediately provide certification to the new delegate.
 
16    Section 15. Limitations. Neither the Illinois House of
17Representatives nor the Illinois Senate shall consider or
18ratify any proposed amendment concerning the issues addressed
19in the Madison Amendment other than the precise text of the
20amendment included in the Madison Amendment.
 
21    Section 20. Enforcement.
22    (a) The provisions of this Act may be enforced by the
23Illinois Attorney General.
24    (b) A citizen may file an action in any circuit court

 

 

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1within the State to enforce this Act and shall be entitled to
2reasonable attorney's fees if successful.