EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0925*
HOUSE BILL 925
P3, P5 5lr2549
HB 1202/24 – HRU CF 5lr2552
By: Delegate Fisher
Introduced and read first time: January 31, 2025
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Amendments Convention Called Under Article V of the U.S. Constitution – 2
Delegation to the Convention 3
FOR the purpose of requiring the General Assembly to appoint a delegation to an 4
amendments convention called under Article V of the U.S. Constitution and an 5
advisory committee in accordance with certain requirements and under certain 6
circumstances; providing for the qualifications, oath, compensation, and duties of 7
commissioners; authorizing the General Assembly or the advisory committee to 8
remove or recall a commissioner under certain circumstances; establishing the 9
operations of the delegation and the advisory committee; authorizing a commissioner 10
to request certain advice from the advisory committee; requiring the advisory 11
committee to make a certain determination under certain circumstances; and 12
generally relating to an amendments convention called under the U.S. Constitution. 13
BY adding to 14
Article – State Government 15
Section 10–1801 through 10–1807 to be under the new subtitle “Subtitle 18. 16
Oversight of Delegation to Amendments Convention” 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2024 Supplement) 19
Preamble 20
WHEREAS, Article V of the U.S. Constitution provides a two–step procedure for 21
adoption of an amendment; and 22
WHEREAS, The first requirement for the adoption of an amendment under Article 23
V is the proposal of an amendment either by a two–thirds vote of both Houses of Congress, 24
or by a convention called by application of two–thirds of the states; and 25
2 HOUSE BILL 925
WHEREAS, The second requirement for the adoption of an amendment under 1
Article V is ratification of an amendment by three–fourths of the states; now, therefore, 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – State Government 5
SUBTITLE 18. OVERSIGHT OF DELEGATION TO AMENDMENTS CONVENTION. 6
10–1801. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “ADVISORY COMMITTEE ” MEANS THE ADVISORY C OMMITTEE 10
ESTABLISHED UNDER § 10–1806 OF THIS SUBTITLE . 11
(C) “COMMISSIONER ” MEANS AN INDIVIDUAL APPOINTED AS 12
COMMISSIONER OR INTE RIM COMMISSIONER UND ER THIS SUBTITLE TO REPRESENT 13
THE STATE AT A CONVENTION . 14
(D) “COMMISSIONING RESOLUTION” MEANS A RESOLUTION A DOPTED BY 15
THE GENERAL ASSEMBLY THAT APPOINT S THE DELEGATION AND SETS FORTH THE 16
INSTRUCTIONS FOR THE DELEGATION. 17
(E) “CONVENTION” MEANS AN AMENDMENTS CONVENTION CALLED UN DER 18
ARTICLE V OF THE U.S. CONSTITUTION. 19
(F) “DELEGATION” MEANS THE COMMISSION ERS AND INTERIM 20
COMMISSIONERS APPOIN TED UNDER THIS SUBTI TLE TO REPRESENT THE STATE AT 21
A CONVENTION . 22
(G) “HOUSE” MEANS THE HOUSE OF DELEGATES. 23
(H) “INTERIM COMMISSIONER ” MEANS A PERSON APPOI NTED BY THE 24
ADVISORY COMMITTEE T O FILL A VACANCY IN THE DEL EGATION. 25
(I) “PRESIDENT” MEANS THE PRESIDENT OF THE SENATE. 26
(J) “SENATE” MEANS THE SENATE OF MARYLAND. 27
(K) “SPEAKER” MEANS THE SPEAKER OF THE HOUSE. 28
HOUSE BILL 925 3
10–1802. 1
IN THE NEXT REGULAR S ESSION OF THE GENERAL ASSEMBLY FOLLOWING 2
THE FULFILLMENT OF THE REQ UIRED NUMBER OF STAT ES INVOKING ARTICLE V OF 3
THE U.S. CONSTITUTION TO CONVE NE AN AMENDMENTS CON VENTION, THE 4
GENERAL ASSEMBLY SHALL APPOIN T A DELEGATION TO TH E CONVENTION AND AN 5
ADVISORY COMMITTEE I N ACCORDANCE WITH TH IS SUBTITLE. 6
10–1803. 7
(A) (1) THE DELEGATION TO A C ONVENTION CALLED UND ER ARTICLE V 8
OF THE U.S. CONSTITUTION SHALL CO NSIST OF SEVEN COMMI SSIONERS APPOINTED 9
IN ACCORDANCE WITH T HIS SUBTITLE. 10
(2) THE COMMISSIONERS SHA LL BE APPOINTED BY A RESOLUTION 11
PASSED BY A MAJORITY OF THOSE PRESENT AND VOTING IN A JOINT SE SSION OF THE 12
GENERAL ASSEMBLY. 13
(B) WHEN APPOINTED AND FO R THE DURATION OF A CONVENTION , A 14
COMMISSIONER : 15
(1) SHALL BE A U.S. CITIZEN AND HAVE BEE N A U.S. CITIZEN FOR AT 16
LEAST 5 YEARS; 17
(2) SHALL BE A RESIDENT OF THE STATE AND HAVE BEEN A RESIDENT 18
OF THE STATE FOR AT LEAST 5 YEARS; 19
(3) SHALL BE AT LEAST 25 YEARS OLD; 20
(4) SHALL BE A REGISTERE D VOTER IN THE STATE; 21
(5) MAY NOT HAVE BEEN RE GISTERED OR REQUIRED TO BE 22
REGISTERED AS A FEDE RAL LOBBYIST AT ANY TIME DURING THE IMME DIATE 5 23
YEARS BEFORE APPOINT MENT AS A COMMISSION ER; 24
(6) (I) MAY NOT BE A FEDERAL EMPLOYEE OR CONTRACT OR, NOR 25
HAVE BEEN A FEDERAL EMPLOYEE OR CONTRACT OR AT ANY TIME DURIN G THE 26
IMMEDIATE 10 YEARS BEFORE APPOINT MENT AS A COMMISSION ER; BUT 27
(II) MAY BE AN ACTIVE OR RESERVE MEMBER OF TH E UNITED 28
STATES ARMED FORCES O R MAY HAVE BEEN AN A CTIVE OR RESERVE MEM BER OF 29
THE UNITED STATES ARMED FORCES A T ANY TIME DURING TH E IMMEDIATE 10 30
YEARS BEFORE APPOINT MENT AS A COMMISSION ER; 31 4 HOUSE BILL 925
(7) MAY NOT HAVE HELD A FEDERALL Y ELECTED OR APPOINT ED 1
OFFICE AT ANY TIME D URING THE IMMEDIATE 10 YEARS BEFORE APPOINT MENT AS 2
A COMMISSIONER ; 3
(8) MAY NOT HAVE ANY FEL ONY CONVICTIONS FOR CRIMES 4
INVOLVING MORAL TURP ITUDE IN ANY JURISDI CTION, NOR ANY FELONY 5
CONVICTION S FOR ANY CRIME IN A NY JURISDICTION DURI NG THE IMMEDIATE 10 6
YEARS BEFORE APPOINT MENT AS A COMMISSION ER; AND 7
(9) MAY NOT HOLD A STATE ELECTED OFFICE WHILE SERVING AS A 8
COMMISSIONER . 9
(C) (1) EACH COMMISSIONER SHA LL EXECUTE THE FOLLO WING OATH IN 10
WRITING: 11
“I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I ACCEPT AND WILL ACT 12
ACCORDING TO THE LIM ITS OF AUTHORITY SPE CIFIED IN MY COMMISS ION AND ANY 13
PRESENT OR SUBSEQUEN T INSTRUCTIONS . I UNDERSTAND THAT VIOL ATING THIS 14
OATH MAY SUBJECT ME TO PENALTIES PROVIDE D BY LAW. I UNDERSTAND THAT I 15
MAY BE RECALLED OR S USPENDED FROM MY DUT IES BY THE GENERAL ASSEMBLY 16
OR THE ADVISORY COMM ITTEE.”. 17
(2) THE CLERK OF THE HOUSE SHALL: 18
(I) FILE A COPY OF EACH COMMISSIONER ’S WRITTEN OATH 19
WITH THE SECRETARY OF STATE; AND 20
(II) PROVIDE TO EACH COMM ISSIONER AN OFFICIAL COPY OF 21
THE COMMISSIONER ’S EXECUTED OATH AND THE COMMISSIONING RE SOLUTION, 22
WHICH TOGETHER SHALL SERVE AS THE COMMISS IONER’S CREDENTIALS . 23
(D) A COMMISSIONER MAY BE RECALLED OR REMOVED AT ANY TIME AND 24
FOR ANY REASON : 25
(1) BY A JOINT RESOLUTIO N OF THE GENERAL ASSEMBLY OR BY A 26
MAJORITY OF THOSE PR ESENT AND VOTING IN A JOINT SESSION OF T HE GENERAL 27
ASSEMBLY; OR 28
(2) IF THE GENERAL ASSEMBLY IS NOT IN SE SSION OR AS OTHERWIS E 29
PROVIDED FOR IN THIS SUBTITLE, BY A MAJORIT Y VOTE OF THE ADVISO RY 30
COMMITTEE , PENDING A VOTE OF TH E GENERAL ASSEMBLY DURING THE N EXT 31
REGULAR LEGISLATIVE SESSION. 32 HOUSE BILL 925 5
(E) THE ADVISORY COMMITTE E SHALL FILL A VACAN CY BY APPOINTING AN 1
INTERIM COMMISSIONER UNTIL THE GENERAL ASSEMBLY IN A VOTE BY A JOINT 2
SESSION APPOINTS A PER MANENT REPLACEMENT . 3
(F) A COMMISSIONER SHALL R ECEIVE: 4
(1) THE SAME COMPENSATIO N AS A MEMBER OF THE HOUSE, 5
PRORATED FOR LENGTH OF TIME SERVED ; AND 6
(2) THE SAME ALLOWANCE F OR EXPENSES AS PROVI DED TO A 7
MEMBER OF THE HOUSE. 8
(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 9
WHILE SERVING ON THE DELEGATION , A COMMISSIONER MAY N OT ACCEPT ANY 10
GIFTS OR BENEFITS WI TH A COMBINED VALUE OF MORE THAN $200, INCLUDING 11
LOANS, LODGING, FOOD, OFFERS OF PROSPECTIV E EMPLOYMENT , AND OTHER 12
ACTUAL AND PROSPECTI VE BENEFITS. 13
(2) THE RESTRICTIONS IN P ARAGRAPH (1) OF THIS SUBSECTION D O 14
NOT APPLY TO: 15
(I) A GIFT BY A FAMILY M EMBER; OR 16
(II) SALARY FOR EMPLOYMEN T THAT BEGAN BEFORE THE 17
COMMISSIONER ’S APPOINTMENT TO THE DELEGATION . 18
10–1804. 19
(A) THE DELEGATION SHALL CHOOSE FROM ITS MEMB ERS ONE OR MORE 20
INDIVIDUALS WHO SHAL L: 21
(1) CHAIR THE DELEGATION ; 22
(2) CAST THE STATE’S VOTE ON THE CONVEN TION FLOOR; AND 23
(3) SPEAK TO THE MEDIA O N BEHALF OF THE DELE GATION. 24
(B) OTHER THAN T HE COMMISSIONER DESI GNATED TO COMMUNICAT E 25
WITH THE MEDIA ON BE HALF OF THE DELEGATI ON, A COMMISSIONER MAY N OT 26
COMMUNICATE WITH THE MEDIA ABOUT CONVENTI ON BUSINESS DURING T HE 27
CONVENTION OR DURING A TEMPORARY RECESS O R TEMPORARY ADJOURNM ENT. 28
6 HOUSE BILL 925
(C) (1) A COMMISSIONER MAY NOT INTE NTIONALLY COMMUNICAT E TO A 1
PERSON OUTSIDE THE D ELEGATION ANY SUGGES TION THAT THE DELEGA TION IS 2
DIVIDED ON A QUESTIO N ON WHICH THE DELEG ATION HAS TAKEN A FO RMAL 3
POSITION, INCLUDING VOTES BY A COMMISSIONER . 4
(2) A COMMISSIONER MAY COM MUNICATE AN OPINION O N A SUBJECT 5
ON WHICH THE DELEGATION HAS N OT FORMALLY TAKEN A POSITION THAT THE 6
DELEGATION HAS PRESE NTED: 7
(I) TO THE CONVENTION ; OR 8
(II) DURING DEBATES AT TH E CONVENTION . 9
(D) A DECISION BY THE DELE GATION, INCLUDING THE DESIGN ATION OF 10
COMMISSIONERS FOR PA RTICULAR DUTIES AND THE DETERMINATION OF A STATE’S 11
VOTE, SHALL BE MADE BY A M AJORITY OF THE COMMI SSIONERS PRESENT AND 12
VOTING AT THE TIME T HE DELEGATION IS POL LED. 13
10–1805. 14
(A) A COMMISSIONER MAY NOT VOTE FOR OR OTHERWIS E PROMOTE ANY 15
CHANGE TO THE TRADIT IONAL CONVENTION RUL E OF DECISION ON THE FLOOR AND 16
IN THE COMMITTEE OF THE WHOLE THAT EACH STATE HAS ONE VOTE . 17
(B) A COMMISSIONER MAY NOT VOTE IN FAVOR OF ANY PROPOSED 18
AMENDMENT THAT WOULD ALTER THE TEXT OF TH E SPECIFIC GUARANTEES OF 19
INDIVIDUAL LIBERTY E STABLISHED BY THE U.S. CONSTITUTION, INCLUDING THE 20
BILL OF RIGHTS AND THE 13TH, 14TH, 15TH, 19TH, 23RD, 24TH, AND 26TH 21
AMENDMENTS . 22
(C) SUBJECT TO ANY ADDITI ONAL INSTRUCTIONS IS SUED BY THE GENERAL 23
ASSEMBLY EITHER IN TH E COMMISSIONING RESOLUT ION OR THEREAFTER , THE 24
AUTHORITY OF A COMMI SSIONER SHALL BE LIM ITED BY: 25
(1) IF THE STATE WAS NOT ONE OF THE TWO–THIRDS OF THE STATES 26
APPLYING FOR THE CON VENTION, THE SUBJECT MATTER E NUMERATED IN THE 27
STATE APPLICATIONS T HAT TRIGGERED THE CONVENTION ; OR 28
(2) IF THE STATE WAS ONE OF THE TWO–THIRDS OF THE STATES 29
APPLYING FOR THE CON VENTION, THE SUBJECT MATTER I N THE STATE’S 30
APPLICATION. 31
HOUSE BILL 925 7
(D) THE GENERAL ASSEMBLY MAY PROVIDE ADDITIONAL INSTRUCTI ONS 1
AT ANY TIME BY SUBSE QUENT RESOLUTION , A COPY OF WHICH THE CLERK OF THE 2
HOUSE SHALL PROVIDE T O EACH COMMISSIONER AND TO THE ADVISORY 3
COMMITTEE . 4
10–1806. 5
(A) THE ADVISORY COMMITTE E SHALL BE COMPOSED OF: 6
(1) ONE MEMBER OF THE HOUSE, APPOINTED BY THE SPEAKER; 7
(2) ONE MEMBER OF THE SENATE, APPOINTED BY THE PRESIDENT; 8
AND 9
(3) ONE MEMBER OF THE GENERAL ASSEMBLY, APPOINTED JOINTLY 10
BY THE SPEAKER AND THE PRESIDENT WITH THE AP PROVAL OF A MAJORITY OF 11
BOTH THE HOUSE AND THE SENATE. 12
(B) THE ADVISORY COMMITTE E SHALL SELECT ONE O F ITS MEMBERS A S 13
CHAIR. 14
(C) THE ADVISORY COMMITTE E MAY HIRE STAFF AND DEVELOP 15
PROCEDURES FOR MONIT ORING THE CONVENTION , INCLUDING MONITORING 16
COMMITTEES AND SUBCO MMITTEES. 17
10–1807. 18
(A) (1) A COMMISSIONER MAY REQ UEST THAT THE ADVISO RY 19
COMMITTEE ADVISE THE COMMISSIONER WHETHER A PROSPECTIV E ACTION BY THE 20
COMMISSIONER WOULD V IOLATE THE COMMISSIO NING RESOLUTION OR O THER 21
INSTRUCTIONS . 22
(2) THE ADVISORY COMMITTE E: 23
(I) SHALL RESPOND TO THE REQUEST FOR ADVICE U NDER 24
PARAGRAPH (1) OF THIS SUBSECTION W ITHIN 24 HOURS AFTER RECEIVING THE 25
REQUEST; AND 26
(II) MAY USE ANY APPROPRI ATE MEDIUM TO NOTIFY THE 27
COMMISSIONER REQUEST ING ADVICE OF ITS DE TERMINATION . 28
8 HOUSE BILL 925
(B) ON THE REQUEST FOR A DETERMINATION BY THE SPEAKER, THE 1
PRESIDENT, OR THE ATTORNEY GENERAL ON WHETHER A COMMISSIONER HAS 2
EXCEEDED THE SCOPE O F THE COMMISSIONER ’S AUTHORITY: 3
(1) THE ADVISORY COMMITT EE SHALL ISSUE A DET ERMINATION ON 4
WHETHER THE COMMISSI ONER OR INTERIM COMM ISSIONER DID EXCEED THE 5
COMMISSIONER ’S OR INTERIM COMMISS IONER’S AUTHORITY; AND 6
(2) THE DETERM INATION SHALL BE EXP EDITIOUSLY MADE AND 7
IMMEDIATELY COMMUNIC ATED TO THE INDIVIDU AL WHO REQUESTED THE 8
DETERMINATION . 9
(C) IF THE ADVISORY COMMI TTEE DETERMINES THAT A COMMISSIONER 10
HAS EXCEEDED THE SCO PE OF THE COMMISSION ER’S AUTHORITY, THE ADVISORY 11
COMMITTE E SHALL IMMEDIATELY : 12
(1) REMOVE THE COMMISSIO NER; AND 13
(2) NOTIFY THE SPEAKER, THE PRESIDENT, THE ATTORNEY 14
GENERAL, AND THE PRESIDING OF FICERS OF THE CONVEN TION OF THE REMOVAL 15
OF THE COMMISSIONER AND THE REASON FOR T HE REMOVAL . 16
(D) IF THE GENERAL ASSEMBLY DETERMINES T HAT A COMMISSIONER H AS 17
EXCEEDED THE SCOPE O F THE COMMISSIONER ’S AUTHORITY , THE ADVISORY 18
COMMITTEE SHALL RECA LL OR SUSPEND THE CO MMISSIONER. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
1, 2025. 21