HOUSE BILL NO. 5151

A bill to prohibit a commissioner representing this state at a convention under Article V of the Constitution of the United States from exceeding that commissioner's scope of authority; to prohibit an individual from bribing, threatening, intimidating, or obstructing a commissioner; and to prescribe penalties.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Commission" means the resolution adopted by the legislature that sets forth the names of the appointed commissioners, the scope of the commissioners' authority, and other instructions.

(b) "Commissioner" means an individual selected by resolution of the legislature to represent this state as part of a delegation to a convention, or an interim commissioner selected to temporarily fill a vacancy in the delegation.

(c) "Convention" means a convention held under Article V of the Constitution of the United States to propose amendments to the Constitution of the United States.

Sec. 2. (1) A commissioner shall not exceed the scope of that commissioner's authority when acting in an official capacity as a commissioner. A commissioner exceeds the scope of authority by voting or otherwise acting beyond the authority granted to the commissioner in the commission and any other duly issued subsequent instructions provided by the legislature, before the vote or other action is taken.

(2) A commissioner who exceeds the scope of that commissioner's authority is guilty of a felony punishable by imprisonment for not more than 5 years.

Sec. 3. An individual who, while not being privileged by law, knowingly bribes, threatens, intimidates, or obstructs or attempts to bribe, threaten, intimidate, or obstruct a commissioner, or an individual representing another state in the capacity of a commissioner at a convention held in this state, from performing that individual's official duties is guilty of a felony punishable by imprisonment for not more than 5 years.