Bill > A3027

Introduced Session

This bill establishes a process for the selection, instruction, and oversight of commissioners to an Article V convention for proposing amendments to the United States Constitution, and establishes criminal penalties for certain violations. Under the bill, an odd number of commissioners would be named as this State's delegates to an Article V convention by a resolution passed by the State legislature, by a majority of those legislators present and voting in a joint session. To be eligible for selection and service as a commissioner, a person would be required to be: a United States citizen and have been such for at least 5 years; a resident of this State and have been such for at least 3 of the last 5 years; at least 25 years old; a registered voter in this State; not registered or required to be registered as a federal lobbyist at any time within the last 5 years; not a federal employee, other than a member of the United States armed forces, or contractor, currently or at any time within the last 10 years; not a federal elected or appointed officer at any time within the last 10 years; not a convicted felon for crimes involving moral turpitude in any jurisdiction, nor for any crime in any jurisdiction within the last 10 years; not a Statewide office while performing the duties of commissioner or interim commissioner; able to attend the convention unencumbered with other responsibilities that could detract from full-time commitment to the responsibilities of the convention, taking into consideration the anticipated duration of the convention; and have relevant subject matter expertise in areas that may include, but may not be limited to, constitutional law, civics, rules of order, American history, political science, political theory, and government. A position as a State legislator would not be deemed a "Statewide office." The bill provides for a commissioner to receive the same compensation as a member of the legislature of this State, prorated for length of time served, and the same allowance for expenses. The bill prohibits a commissioner or interim commissioner from accepting, during the time of service, any gifts or benefits with a combined value of more than $200, other than from an immediate family member and of the kind customarily granted by a member of one's family. The term "gift or benefit" would be construed liberally to include current and future loans, lodging, food, offer of prospective employment, and other actual and prospective benefits. An employer's decision to continue paying a commissioner's current salary would not be construed to be a gift. However, such salary would not be altered until the adjournment of the Article V convention and proposed amendments have been submitted to the states for ratification. The bill provides that the resolution naming the commissioners and their commission would prohibit a commissioner from voting for or otherwise promoting any change to the traditional convention rule of decision on the floor and in the committee of the whole, to-wit, that each state has one vote. A commissioner would also be prohibited from voting in favor of any proposed amendment that would alter the text of the specific guarantees of individual liberty established by the United States Constitution, including the original constitution, the Bill of Rights, and the following amendments: Thirteenth, Fourteenth, Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and Twenty-Sixth. The commissioning resolution would be required to clearly state the scope of the commissioners' authority, which would be limited by: (1) if this State was not one of the two-thirds of the states applying for the convention, the subject matter enumerated in the 34 state applications that triggered the convention; or (2) if this State was one of the two-thirds of the states applying for the convention, the subject matter in this State's application; and (3) any additional instructions from the legislature, whether in the commissioning resolution or issued thereafter. The bill allows the legislature to provide additional instructions at any time via subsequent resolution. In addition to the commissioning resolution, the Senate and General Assembly would adopt a resolution to outline the commission's initial statement and charter. The advisory committee would put forth the resolution for the Legislature's approval. A commissioner who has been named on the commissioning resolution would be permitted to withdraw from consideration if the commissioner is unable to uphold the goals established in the resolution of initial statement and charter. The bill also establishes a three-member advisory committee composed of a member of the Senate appointed by the President of the Senate; a member of the General Assembly appointed by the Speaker of the General Assembly; and a member of the legislature nominated by joint action of the President of the Senate and the Speaker of the General Assembly and approved by the majority of those voting in each chamber. The advisory committee has the responsibility to determine whether a prospective or actual action by a commissioner would violate or violates the commissioning resolution or any subsequent instruction. Upon determining that a commissioner or interim commissioner has exceeded the scope of the commissioner's authority, the advisory committee would be required to recall or suspend said commissioner, and would communicate said action and the reasons therefor to the President of the Senate, Speaker of the General Assembly, the Attorney General, and the presiding officers of the convention. Under the bill, the legislature is empowered to remove said commissioner and appoint an interim commissioner to fill the vacancy. The bill establishes criminal penalties for certain violations. Under the bill, a commissioner or interim commissioner who exceeds the scope of the commissioner's authority would be guilty of a crime of the third degree. In addition, any individual who, while not being privileged by law, knowingly bribes, threatens, intimidates or obstructs a commissioner, interim commissioner, or a person representing another state in the capacity of a commissioner or interim commissioner at a convention held in this State, in the performance of the commissioner's duties, or attempts to do so, would be guilty of a crime of the third degree.

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Erik Peterson (R)*,  John DiMaio (R),  Paul Kanitra (R),  Gregory Myhre (R),  Brian Rumpf (R), 

Introduced, Referred to Assembly State and Local Government Committee (on 01/13/2026)

Official Document