1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE JOINT
RESOLUTION 1017 By: Lepak
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6 AS INTRODUCED
7 A Joint Resolution relating to an Article V
Convention for proposing amendments to the United
8 States Constitution and a gathering of the states in
preparation for an Article V Convention; authorizing
9 a delegation of commissioners from this state to
attend and participate in gatherings of the states;
10 stating purpose; providing for selection and
composition of the delegation; providing that the
11 delegation shall be bound by the rules established
for the gathering of states; providing that the
12 delegation to the convention of states shall also
serve as commissioners to the Article V Convention
13 for proposing amendments to the United States
Constitution when called; providing for selection of
14 alternates; prohibiting commissioners to the Article
V Convention from voting for unauthorized amendments;
15 providing for replacement of commissioners who
violate the prohibition; providing for voting;
16 requiring the taking of an oath; establishing an
Article V Convention Committee; providing composition
17 and duties; requiring commissioner to adhere to
certain principles; providing termination date; and
18 directing filing and distribution.
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21 WHEREAS, Article V of the Constitution of the United States
22 provides that upon receipt of applications from two-thirds of the
23 legislatures of the several states, Congress shall call a convention
24 of the states for proposing amendments; and
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1 WHEREAS, the Oklahoma Legislature adopted Senate Joint
2 Resolution 4 in the 2nd Session of the 55th Oklahoma Legislature,
3 and Senate Joint Resolution 23 in the 1st Session of the 57th
4 Oklahoma Legislature, that applied to the Congress of the United
5 States "for the calling of a convention of the states limited to
6 proposing an amendment to the Constitution of the United States
7 requiring that in the absence of a national emergency the total of
8 all federal appropriations made by the Congress for any fiscal year
9 may not exceed the total of all estimated federal revenues for that
10 fiscal year, together with any related and appropriate fiscal
11 restraints"; and
12 WHEREAS, it appears that two-thirds of the states, including
13 Oklahoma, soon will have applied for a convention to propose such an
14 amendment adding to the United States Constitution a requirement
15 that the federal government balance its budget; and
16 WHEREAS, it has also been proposed by several states, including
17 Oklahoma, that a convention be called for proposing amendments to
18 "impose fiscal restraints on the federal government, limit the power
19 and jurisdiction of the federal government, and limit the terms of
20 office for its officials and for members of Congress"; and
21 WHEREAS, in its call Congress will be required to specify an
22 initial time and place for the meeting of the Article V Convention
23 for proposing amendments; and
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1 WHEREAS, it is appropriate for the state legislatures to prepare
2 for the Article V Convention and recommend to Congress an initial
3 time and place to hold the convention; and
4 WHEREAS, a gathering of the states called by a state legislature
5 and consisting of members authorized by other state legislatures
6 would be an effective way of considering and recommending solutions
7 to common issues related to an Article V Convention, including
8 planning for and recommending rules and procedures for an Article V
9 Convention, and recommending to Congress the initial date and
10 location of an Article V Convention; and
11 WHEREAS, a planning convention of the several states convened on
12 September 12, 2017 in Phoenix, Arizona, and was attended by a
13 delegation from Oklahoma as authorized by House Concurrent
14 Resolution No. 1007 of the 1st Session of the 56th Oklahoma
15 Legislature (2017).
16 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
17 AND THE SENATE OF THE 1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
18 THAT a delegation of commissioners selected as provided in this
19 resolution shall be authorized to attend and participate in a
20 gathering of states proposed by any state legislature for the
21 purposes of developing rules and procedures for an Article V
22 Convention for proposing amendments to the United States
23 Constitution to require a balanced federal budget, or to impose
24 fiscal restraints on the federal government, to limit the power and
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1 jurisdiction of the federal government and to limit the terms of
2 office for federal officials and members of Congress and for
3 proposing an initial date and location for the meeting of the
4 several states in an Article V Convention.
5 THAT the delegation of commissioners shall be composed of seven
6 members, three of whom shall be appointed by the Speaker of the
7 Oklahoma House of Representatives, three of whom shall be appointed
8 by the President Pro Tempore of the Oklahoma State Senate, and one
9 of whom shall be appointed by agreement of both the Speaker of the
10 Oklahoma House of Representatives and the President Pro Tempore of
11 the Oklahoma State Senate.
12 THAT two of the commissioners appointed by the Speaker of the
13 Oklahoma House of Representatives shall be current members of the
14 Oklahoma House of Representatives at the time of appointment, and
15 two of the commissioners appointed by the President Pro Tempore of
16 the Oklahoma State Senate shall be current members of the Oklahoma
17 State Senate at the time of appointment. The third commissioner
18 appointed by the Speaker of the Oklahoma House of Representatives
19 shall be a current or former member of the Oklahoma House of
20 Representatives and the third commissioner appointed by the
21 President Pro Tempore of the Oklahoma State Senate shall be a
22 current or former member of the Oklahoma State Senate.
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1 THAT the commissioners shall be bound by the rules adopted by
2 the gathering of the states or provided for in the proposal for the
3 Article V Convention.
4 THAT unless otherwise provided by the Oklahoma Legislature, the
5 commissioners provided for in this resolution shall also serve as
6 commissioners to the Article V Convention for proposing amendments
7 to the United States Constitution when called and shall be bound by
8 the rules adopted by the members of the Article V Convention.
9 THAT if a commissioner is unable to participate in either the
10 state gathering or an Article V Convention to propose amendments to
11 the United States Constitution either permanently or temporarily,
12 the appointing authority or authorities shall select an alternate,
13 who shall be a current or former member of the appointing
14 authority's legislative body, to serve for the time the commissioner
15 is unable to serve. The alternate shall be bound by the same rules
16 and procedures as the original commissioner.
17 THAT no commissioner or alternate from this state to an Article
18 V Convention shall have the authority to vote to allow consideration
19 of or vote to approve an unauthorized amendment for ratification to
20 the United States Constitution.
21 THAT any commissioner or alternate casting a vote to allow
22 consideration or approval of an unauthorized amendment shall be
23 immediately recalled by the appointing authority or authorities and
24 be replaced by an alternate.
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1 THAT all voting in either a gathering of states or an Article V
2 Convention shall be by state with each state having one vote.
3 THAT commissioners and alternates shall take the following oath
4 of office before accepting their appointment:
5 "I do solemnly swear or affirm that to the best of my abilities
6 I will, as a commissioner (alternate commissioner) to a convention
7 for proposing any amendment to the United States Constitution,
8 uphold the Constitution and laws of the United States and the State
9 of Oklahoma.
10 I will abide by my specific instructions from the Legislature of
11 the State of Oklahoma. I will not vote to allow consideration of or
12 to approve any amendment proposed for ratification to the United
13 States Constitution that is unrelated to the subject of the approved
14 call of the convention by Congress.
15 I will vote only for convention rules that provide that each
16 state have one equal vote and that a state or commissioner shall not
17 be allowed to propose an amendment that is unrelated to the approved
18 call of the convention. I acknowledge that any violation of this
19 oath may result in being recalled by the Legislature of the State of
20 Oklahoma or its authorized committee."
21 THAT an Article V Convention Committee shall be composed of
22 three members, one appointed by the Speaker of the Oklahoma House of
23 Representatives, one appointed by the President Pro Tempore of the
24 Oklahoma State Senate and one appointed jointly by the Speaker and
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1 President Pro Tempore. A member of the Article V Convention
2 Committee may not be a member of the delegation. The duties of the
3 Article V Convention Committee and their appointing authority or
4 authorities include:
5 1. Monitoring the delegation to determine if it is following
6 legislative instructions and obeying convention rules;
7 2. Advising the delegation on the Legislature's position on
8 issues before the convention;
9 3. Disciplining any commissioner who violates the oath of
10 office or instructions or is otherwise guilty of malfeasance or
11 nonfeasance. Discipline may include recall from the convention,
12 removal as a commissioner or demotion to the office of alternate
13 commissioner;
14 4. Notifying the convention that a commissioner has been
15 recalled, removed as a commissioner or demoted to the office of
16 alternate commissioner; and
17 5. Replacing any recalled commissioner.
18 THAT commissioners shall vote only for Article V Convention
19 rules consistent with the following principles:
20 1. The convention is convened under the authority reserved to
21 the state legislatures of the several states by Article V of the
22 Constitution of the United States;
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1 2. The only participants at this convention are the several
2 states represented by their respective delegations duly selected in
3 the manner that their respective legislatures have determined;
4 3. The scope of the convention's authority is defined by
5 applications adopted by at least two-thirds of the legislatures of
6 the several states, which authority is limited to the subject of the
7 approved call of the convention. The convention has no authority to
8 propose or discuss an amendment on any other subject outside the
9 approved call of the convention by Congress;
10 4. The convention shall provide for disciplining a commissioner
11 or delegation for exceeding the scope of the convention's authority
12 by raising subjects for discussion or debate that lie outside the
13 convention's authority;
14 5. The convention shall not infringe on the respective state
15 legislatures' authority to instruct, discipline, recall and replace
16 commissioners; and
17 6. All voting at the convention or in a committee shall be by
18 state with each state having one vote without apportionment or
19 division. Each state legislature shall determine the internal
20 voting and quorum rules for casting the vote of its delegation.
21 THAT the Chief Clerk of the House of Representatives,
22 immediately after the passage of this resolution, shall prepare and
23 file one copy thereof with the Secretary of State and one copy with
24 the Attorney General and transmit copies to the President and
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1 Secretary of the United States Senate and to the Speaker and Clerk
2 of the United States House of Representatives, to the members of the
3 Oklahoma Congressional Delegation, and to the presiding officers of
4 each of the legislative houses in the several states, requesting
5 their cooperation.
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7 59-1-5065 MAH 01/17/23
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