Countermand amendment provisions.

2017
STATE OF WYOMING
17LSO-0416
Introduced
1.3

SENATE FILE

NO.

SF0087

Countermand amendment provisions.

Sponsored by:
Senator(s) Peterson, Agar, Case, Hicks, Meier and Perkins and Representative(s) Biteman, Lindholm and Winters

A BILL

for

AN ACT relating to an Article V convention for the countermand amendment; authorizing delegates to a convention to amend the United States constitution to adopt the countermand amendment; specifying duties of delegates to the convention; specifying the text of the countermand amendment; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

(a)

T
he legislature
hereby
authorizes delegates to be appointed to participate at
a convention of the states to
amend the United States Constitution and adopt a countermand amendment to authorize the states, upon a vote of three-fifths
(3/5)
of the state legislatures, to nullify and repeal a federal statute, executive order, judicial decision, regulatory decision
by a federal government agency
or government mandate imposed on the states by law that adversely affects the interests of the states, in order to properly exercise the states' constitutional authority to check

federal po
wer, preserve state sovereignty
and protect the rights of the states and the people
according to the terms and conditions set out in this
act.

(b)

T
he number and qualifications of delegates
and alternates, if applicable,

may
be decided by the legislature after the United States Congress
calls
the convention
to consider the countermand amendment
.

(c)

The
legislature hereby
directs
the state's delegates to the convention to vote to send the countermand amendment, as provided in
subsection (f
) of this section
, back to the states for ratification
as provided in Article
V of the Constitution of the United States. D
elegates
shall not
vote in favor of any alternate amendment or modified version of the countermand amendment that might be introduced at the convention, and
delegates
are hereby instructed to do all in their power at the convention to secure a vote that approves sending the countermand amendment back to the states for ratification
.

(d)

O
nly the countermand amendment, as provided in
subsection (f
) of this section
, will be considered by the legislature for ratification
.

(e
)

The delegates
to the convention
shall
be required to
follow the directives in this act
and others that may

be
issued by the legislature. E
ach delegate
shall:

(
i
)

C
omply with directi
ves made under this
act
;

(ii
)

W
ork to advance all the requirements and directives in
this
act
;

(iii
)

B
e subject to dismissal from the state delegation fo
r violation of this
act
;

(iv
)

B
e
bound to vote consistent with directives given
under this act
, including sending the countermand amendment, as herein
provided
, to the states for ratification
.

(f
)

The text for the countermand amendment that is to be sent to the state legislatures, by way of the United States Congress, for ratification shall read as follows:

"COUNTERMAND AMENDMENT

ARTICLE 28 (or alternate number to be assigned
by the United States Congress)

Section 1.
The Article
provides for
State sovereignty in our Constitutional Republic by providing State Legi
slatures Countermand authority.

Section 2.
State Legislatures in the several States shall have the authority to Countermand and rescind any

F
ederal action including any
Congressional Statute, Judicial decision, Executive Order, Treaty, government agency's regulatory ruling, or any other government mandate (including excessive spending and credit) imposed on them when in the opinion of
sixty
percent
(60%)
of State Legislatures the law or ruling adversely affects their States' interest. When the Countermand threshold has been reached, the law or ruling shall be immediately and automatically nullified and repealed. This Countermand authority shall appl
y to existing laws and rulings
but shall not be deemed to apply to the provisions of this Constitution
.

Section 3.
From the time the initial Countermand is issued by a State Legislature, the other Legislatures shall have
eighteen (
18
)
months to complete the Countermand process. If the Countermand process is not completed in
eighteen (
18
)
months, then the law or ruling that is being chall
enged shall remain enforceable.

Section 4.
Each State Legislature shall complete their Countermand affidavit and deliver a certified copy to the Chief Justice of the United States Supreme Court, the Leader of the United States Senate, the Speaker of the House of Representatives, the President of the United States, and when applicable the Government Agency or
Body
whose law or ruling
is being challenged.

Section 5.
Congress shall have the power to enforce this
Article by appropriate legislation.

Section 6.
Individual States shall have authority to prosecute violators of this Article under State laws in the absence of Federal prosecution after
ninety

(
90
)
days from the date of the alleged violation. Multiple prosecutions, by multiple States, for the sam
e alleged crime are prohibited.

Section 7.
The Article shall be immediately part of the United States Constitution upon ratification by three quarters
(3/4)
of the State Legislatures in the several States
.

Section 8.
The provisions of this Article are enforceable within the United States, which shall include the Several States, the District of Columbia,
the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands and the territories and possessions of the United States."

Section
2
.

This
act is effective July 1,
201
7
.

(END)

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SF0087