Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
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.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a process for the selection, instruction, and oversight of commissioners to an Article V convention for proposing amendments to the United States Constitution and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall apply to the selection of delegates to a convention for proposing amendments held under Article V of the United States Constitution.
2. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill):
Advisory committee means a committee consisting of members
selected by each chamber using the process established by this act to perform the duties of the committee as defined in this act.
Chamber means either the Senate or the General Assembly of this State.
Commissioner means a person selected by the Senate and General Assembly through a commissioning resolution as provided by this act to represent this State at an Article V convention for proposing amendments to the United States Constitution.
Commissioning resolution means the resolution adopted by the Senate and General Assembly which sets forth the names of the appointed commissioners, their commission, and instructions.
Delegation means the group of commissioners and interim commissioners chosen by the Senate and General Assembly to attend an Article V convention with the powers and duties defined in this act.
Interim commissioner means a person selected by the advisory committee to fill a vacancy in the delegation.
3. At the time of appointment and throughout the Article V convention, a commissioner shall:
a. be a United States citizen and have been such for at least five years;
b. be a resident of this State and have been such for at least three of the last five years;
c. be at least 25 years old;
d. be a registered voter in this State;
e. not be registered or required to be registered as a federal lobbyist at any time within the last 5 years;
f. not be 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;
g. not have held a federal elected or appointed office at any time
within the last 10 years;
h. not have had any felony convictions for crimes involving moral turpitude in any jurisdiction, nor any felony convictions for any crime in any jurisdiction within the last 10 years;
i. not hold a Statewide office while performing the duties of commissioner or interim commissioner;
j. be 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
k. 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.
For the purposes of this section, a position as a State legislator shall not be deemed a Statewide office.
4. a. Commissioners shall be named by a resolution passed by a majority of those present and voting in a joint session of the legislature. All commissioners shall be appointed by this process.
b. The legislature shall maintain an odd number of commissioners in the delegation.
c. A commissioner or interim commissioner may be recalled and removed at any time and for any reason by a resolution passed by both chambers of the legislature or by a majority of those present and voting in a joint session thereof; and if the legislature is not in session, may be recalled and suspended from their duties by the advisory committee, pending a vote of the legislature.
d. A commissioner or interim commissioner shall be recalled or suspended by the advisory committee pursuant to a determination under section 13 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), that the commissioner has exceeded the scope of the commissioners authority.
5. a. The resolution naming the commissioners shall include their commission. The commission shall include, but shall not be limited to, the following components:
(1) a commissioner shall not vote for or otherwise promote 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; and
(2) a commissioner shall not vote 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.
b. The commissioning resolution shall clearly state the scope of the commissioners authority, which shall 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 States application; and
(3) any additional instructions from the legislature, whether in the commissioning resolution or issued thereafter.
c. In addition to the commissioning resolution, the Senate and General Assembly shall adopt a resolution to outline the commissions initial statement and charter. The resolution shall specify the overall philosophy, strategy, and guidelines to be followed by the commission, as well as the starting point on the positions, boundaries, and expectations of the Legislature for the conventions outcome. The advisory committee shall put forth the resolution for the Legislatures approval. A commissioner who has been named on the commissioning resolution shall be permitted to withdraw from consideration if the commissioner is unable to uphold the goals established in the resolution of initial statement and charter.
d. The legislature may provide additional instructions at any time via subsequent resolution, a copy of which the Secretary of the Senate or Clerk of the General Assembly shall provide to each commissioner and to the advisory committee.
6. a. Each commissioner shall, before exercising any function of the position, execute the following oath in writing: I do solemnly swear (or affirm) that I accept and will act according to the limits of authority specified in my commission and any present or subsequent instructions. I understand that violating this oath may subject me to penalties provided by law. I understand that I may be recalled or suspended from my duties by the legislature or the advisory committee.
b. A commissioners executed oath sha