Maryland 2025 Regular Session

Maryland Senate Bill SB886 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0886
6	6
7	7	SENATE BILL 886
8	8	P3, P5 5lr2552
9	9	SB 1073/24 – EEE CF HB 925
10	10	By: Senator Ready
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Amendments Convention Called Under Article V of the U.S. Constitution – 2
19	19	Delegation to the Convention 3
20	20
21	21	FOR the purpose of requiring the General Assembly to appoint a delegation to an 4
22	22	amendments convention called under Article V of the U.S. Constitution and an 5
23	23	advisory committee in accordance with certain requirements and under certain 6
24	24	circumstances; providing for the qualifications, oath, compensation, and duties of 7
25	25	commissioners; authorizing the General Assembly or the advisory committee to 8
26	26	remove or recall a commissioner under certain circumstances; establishing the 9
27	27	operations of the delegation and the advisory committee; authorizing a commissioner 10
28	28	to request certain advice from the advisory committee; requiring the advisory 11
29	29	committee to make a certain determination under certain circumstances; and 12
30	30	generally relating to an amendments convention called under the U.S. Constitution. 13
31	31
32	32	BY adding to 14
33	33	Article – State Government 15
34	34	Section 10–1801 through 10–1807 to be under the new subtitle “Subtitle 18. 16
35	35	Oversight of Delegation to Amendments Convention” 17
36	36	Annotated Code of Maryland 18
37	37	(2021 Replacement Volume and 2024 Supplement) 19
38	38
39	39	Preamble 20
40	40
41	41	WHEREAS, Article V of the U.S. Constitution provides a two–step procedure for 21
42	42	adoption of an amendment; and 22
43	43
44	44	WHEREAS, The first requirement for the adoption of an amendment under Article 23
45	45	V is the proposal of an amendment either by a two–thirds vote of both Houses of Congress, 24
46	46	or by a convention called by application of two–thirds of the states; and 25
47	47	2 SENATE BILL 886
48	48
49	49
50	50	WHEREAS, The second requirement for the adoption of an amendment under 1
51	51	Article V is ratification of an amendment by three–fourths of the states; now, therefore, 2
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 3
54	54	That the Laws of Maryland read as follows: 4
55	55
56	56	Article – State Government 5
57	57
58	58	SUBTITLE 18. OVERSIGHT OF DELEGATION TO AMENDMENTS CONVENTION. 6
59	59
60	60	10–1801. 7
61	61
62	62	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
63	63	INDICATED. 9
64	64
65	65	(B) “ADVISORY COMMITTEE ” MEANS THE ADVISORY COMMITTEE 10
66	66	ESTABLISHED UNDER § 10–1806 OF THIS SUBTITLE . 11
67	67
68	68	(C) “COMMISSIONER ” MEANS AN INDIVIDUAL APPOINTED AS 12
69	69	COMMISSIONER OR INTE RIM COMMISSIONER UND ER THIS SUBTITLE TO REPRESENT 13
70	70	THE STATE AT A CONVENTION . 14
71	71
72	72	(D) “COMMISSIONING RESOLUT ION” MEANS A RESOLUTION ADOPTED BY 15
73	73	THE GENERAL ASSEMBLY THAT APPOINT S THE DELEGATION AND SETS FORTH THE 16
74	74	INSTRUCTIONS FOR THE DELEGATION. 17
75	75
76	76	(E) “CONVENTION” MEANS AN AMENDMENTS CONVENTION CALLED UN DER 18
77	77	ARTICLE V OF THE U.S. CONSTITUTION. 19
78	78
79	79	(F) “DELEGATION” MEANS THE CO MMISSIONERS AND INTE RIM 20
80	80	COMMISSIONERS APPOIN TED UNDER THIS SUBTI TLE TO REPRESENT THE STATE AT 21
81	81	A CONVENTION . 22
82	82
83	83	(G) “HOUSE” MEANS THE HOUSE OF DELEGATES. 23
84	84
85	85	(H) “INTERIM COMMISSIONER ” MEANS A PERSON APPOI NTED BY THE 24
86	86	ADVISORY COMMITTEE T O FILL A VACANCY IN THE DELEGATION. 25
87	87
88	88	(I) “PRESIDENT” MEANS THE PRESIDENT OF THE SENATE. 26
89	89
90	90	(J) “SENATE” MEANS THE SENATE OF MARYLAND. 27
91	91
92	92	(K) “SPEAKER” MEANS THE SPEAKER OF THE HOUSE. 28
93	93	SENATE BILL 886 3
94	94
95	95
96	96	10–1802. 1
97	97
98	98	IN THE NEXT REGULAR S ESSION OF THE GENERAL ASSEMBLY FOLLOWING 2
99	99	THE FULFILLMENT OF T HE REQUIRED NUMBER OF S TATES INVOKING ARTICLE V OF 3
100	100	THE U.S. CONSTITUTION TO CONVE NE AN AMENDMENTS CON VENTION, THE 4
101	101	GENERAL ASSEMBLY SHALL APPOIN T A DELEGATION TO TH E CONVENTION AND AN 5
102	102	ADVISORY COMMITTEE I N ACCORDANCE WITH TH IS SUBTITLE. 6
103	103
104	104	10–1803. 7
105	105
106	106	(A) (1) THE DELEGATION TO A CONV ENTION CALLED UNDER ARTICLE V 8
107	107	OF THE U.S. CONSTITUTION SHALL CO NSIST OF SEVEN COMMI SSIONERS APPOINTED 9
108	108	IN ACCORDANCE WITH T HIS SUBTITLE. 10
109	109
110	110	(2) THE COMMISSIONERS SHA LL BE APPOINTED BY A RESOLUTION 11
111	111	PASSED BY A MAJORITY OF THOSE PRESENT A ND VOTING IN A JOINT SESSION OF THE 12
112	112	GENERAL ASSEMBLY. 13
113	113
114	114	(B) WHEN APPOINTED AND FO R THE DURATION OF A CONVENTION , A 14
115	115	COMMISSIONER : 15
116	116
117	117	(1) SHALL BE A U.S. CITIZEN AND HAVE BEE N A U.S. CITIZEN FOR AT 16
118	118	LEAST 5 YEARS; 17
119	119
120	120	(2) SHALL BE A RESIDENT OF THE STATE AND HAVE BEEN A RESIDENT 18
121	121	OF THE STATE FOR AT LEAST 5 YEARS; 19
122	122
123	123	(3) SHALL BE AT LEAST 25 YEARS OLD; 20
124	124
125	125	(4) SHALL BE A REGISTERE D VOTER IN THE STATE; 21
126	126
127	127	(5) MAY NOT HAVE BEEN RE GISTERED OR REQUIRED TO BE 22
128	128	REGISTERED AS A FEDE RAL LOBBYIST AT ANY TIME DURING THE IM MEDIATE 5 23
129	129	YEARS BEFORE APPOINT MENT AS A COMMISSION ER; 24
130	130
131	131	(6) (I) MAY NOT BE A FEDERAL EMPLOYEE OR CONTRACT OR, NOR 25
132	132	HAVE BEEN A FEDERAL EMPLOYEE OR CONTRACT OR AT ANY TIME DURIN G THE 26
133	133	IMMEDIATE 10 YEARS BEFORE APPOINT MENT AS A COMMISSION ER; BUT 27
134	134
135	135	(II) MAY BE AN ACTIVE OR RESERVE MEMBER OF THE UNITED 28
136	136	STATES ARMED FORCES O R MAY HAVE BEEN AN A CTIVE OR RESERVE MEM BER OF 29
137	137	THE UNITED STATES ARMED FORCES A T ANY TIME DURING TH E IMMEDIATE 10 30
138	138	YEARS BEFORE APPOINT MENT AS A COMMISSION ER; 31 4 SENATE BILL 886
139	139
140	140
141	141
142	142	(7) MAY NOT HAVE HELD A FEDERALLY ELECTED OR APPOI NTED 1
143	143	OFFICE AT ANY TIME D URING THE IMMEDIATE 10 YEARS BEFORE APPOINT MENT AS 2
144	144	A COMMISSIONER ; 3
145	145
146	146	(8) MAY NOT HAVE ANY FEL ONY CONVICTIONS FOR CRIMES 4
147	147	INVOLVING MORAL TURP ITUDE IN ANY JURISDI CTION, NOR ANY FELONY 5
148	148	CONVICTIONS FOR ANY CRIME IN ANY JURISDICTION DUR ING THE IMMEDIATE 10 6
149	149	YEARS BEFORE APPOINT MENT AS A COMMISSION ER; AND 7
150	150
151	151	(9) MAY NOT HOLD A STATE ELECTED OFFICE WHILE SERVING AS A 8
152	152	COMMISSIONER . 9
153	153
154	154	(C) (1) EACH COMMISSIONER SHA LL EXECUTE THE FOLLO WING OATH IN 10
155	155	WRITING: 11
156	156
157	157	“I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I ACCEPT AND WILL ACT 12
158	158	ACCORDING TO THE LIM ITS OF AUTHORITY SPE CIFIED IN MY COMMISS ION AND ANY 13
159	159	PRESENT OR SUBSEQUEN T INSTRUCTIONS . I UNDERSTAND THAT VIOL ATING THIS 14
160	160	OATH MAY SUBJECT ME TO PENALTIES PROVIDE D BY LAW. I UNDERSTAND THAT I 15
161	161	MAY BE RECALLED OR S USPENDED FROM MY DUT IES BY THE GENERAL ASSEMBLY 16
162	162	OR THE ADVISORY COMM ITTEE.”. 17
163	163
164	164	(2) THE CLERK OF THE HOUSE SHALL: 18
165	165
166	166	(I) FILE A COPY OF EACH COMMISSIONER ’S WRITTEN OATH 19
167	167	WITH THE SECRETARY OF STATE; AND 20
168	168
169	169	(II) PROVIDE TO EACH COMMISSIONER AN OFFI CIAL COPY OF 21
170	170	THE COMMISSIONER ’S EXECUTED OATH AND THE COMMISSIONING RE SOLUTION, 22
171	171	WHICH TOGETHER SHALL SERVE AS THE COMMISS IONER’S CREDENTIALS . 23
172	172
173	173	(D) A COMMISSIONER MAY BE RECALLED OR REMOVED AT ANY TIME AND 24
174	174	FOR ANY REASON : 25
175	175
176	176	(1) BY A JOINT RESOLUTION OF TH E GENERAL ASSEMBLY OR BY A 26
177	177	MAJORITY OF THOSE PR ESENT AND VOTING IN A JOINT SESSION OF T HE GENERAL 27
178	178	ASSEMBLY; OR 28
179	179
180	180	(2) IF THE GENERAL ASSEMBLY IS NOT IN SE SSION OR AS OTHERWIS E 29
181	181	PROVIDED FOR IN THIS SUBTITLE, BY A MAJORITY VOTE O F THE AD VISORY 30
182	182	COMMITTEE , PENDING A VOTE OF TH E GENERAL ASSEMBLY DURING THE N EXT 31
183	183	REGULAR LEGISLATIVE SESSION. 32 SENATE BILL 886 5
184	184
185	185
186	186
187	187	(E) THE ADVISORY COMMITTE E SHALL FILL A VACAN CY BY APPOINTING AN 1
188	188	INTERIM COMMISSIONER UNTIL THE GENERAL ASSEMBLY IN A VOTE BY A JOINT 2
189	189	SESSION APPOINTS A PERMANENT REPLACEMEN T. 3
190	190
191	191	(F) A COMMISSIONER SHALL R ECEIVE: 4
192	192
193	193	(1) THE SAME COMPENSATIO N AS A MEMBER OF THE HOUSE, 5
194	194	PRORATED FOR LENGTH OF TIME SERVED ; AND 6
195	195
196	196	(2) THE SAME ALLOWANCE F OR EXPENSES AS PROVI DED TO A 7
197	197	MEMBER OF THE HOUSE. 8
198	198
199	199	(G) (1) EXCEPT AS PROV IDED IN PARAGRAPH (2) OF THIS SUBSECTION , 9
200	200	WHILE SERVING ON THE DELEGATION , A COMMISSIONER MAY N OT ACCEPT ANY 10
201	201	GIFTS OR BENEFITS WI TH A COMBINED VALUE OF MORE THAN $200, INCLUDING 11
202	202	LOANS, LODGING, FOOD, OFFERS OF PROSPECTIV E EMPLOYMENT , AND OTHER 12
203	203	ACTUAL AND P ROSPECTIVE BENEFITS . 13
204	204
205	205	(2) THE RESTRICTIONS IN P ARAGRAPH (1) OF THIS SUBSECTION D O 14
206	206	NOT APPLY TO: 15
207	207
208	208	(I) A GIFT BY A FAMILY M EMBER; OR 16
209	209
210	210	(II) SALARY FOR EMPLOYMEN T THAT BEGAN BEFORE THE 17
211	211	COMMISSIONER ’S APPOINTMENT TO THE DELEGATION . 18
212	212
213	213	10–1804. 19
214	214
215	215	(A) THE DELEGATION SHALL CHO OSE FROM ITS MEMBERS ONE OR MORE 20
216	216	INDIVIDUALS WHO SHAL L: 21
217	217
218	218	(1) CHAIR THE DELEGATION ; 22
219	219
220	220	(2) CAST THE STATE’S VOTE ON THE CONVEN TION FLOOR; AND 23
221	221
222	222	(3) SPEAK TO THE MEDIA O N BEHALF OF THE DELE GATION. 24
223	223
224	224	(B) OTHER THAN THE COMMIS SIONER DESIGNATED TO COMMUN ICATE 25
225	225	WITH THE MEDIA ON BE HALF OF THE DELEGATI ON, A COMMISSIONER MAY N OT 26
226	226	COMMUNICATE WITH THE MEDIA ABOUT CONVENTI ON BUSINESS DURING T HE 27
227	227	CONVENTION OR DURING A TEMPORARY RECESS O R TEMPORARY ADJOURNM ENT. 28
228	228	6 SENATE BILL 886
229	229
230	230
231	231	(C) (1) A COMMISSIONER MAY NOT INTENTIONALLY COMMUN ICATE TO A 1
232	232	PERSON OUTSIDE THE D ELEGATION ANY SUGGES TION THAT THE DELEGA TION IS 2
233	233	DIVIDED ON A QUESTIO N ON WHICH THE DELEG ATION HAS TAKEN A FO RMAL 3
234	234	POSITION, INCLUDING VOTES BY A COMMISSIONER . 4
235	235
236	236	(2) A COMMISSIONER MAY COM MUNICATE AN OPINI ON ON A SUBJECT 5
237	237	ON WHICH THE DELEGAT ION HAS NOT FORMALLY TAKEN A POSITION THA T THE 6
238	238	DELEGATION HAS PRESE NTED: 7
239	239
240	240	(I) TO THE CONVENTION ; OR 8
241	241
242	242	(II) DURING DEBATES AT TH E CONVENTION . 9
243	243
244	244	(D) A DECISION BY THE DELE GATION, INCLUDING THE DESIGN ATION OF 10
245	245	COMMISSIONERS FOR PARTICULAR DUTIES AND THE DETER MINATION OF A STATE’S 11
246	246	VOTE, SHALL BE MADE BY A M AJORITY OF THE COMMI SSIONERS PRESENT AND 12
247	247	VOTING AT THE TIME T HE DELEGATION IS POL LED. 13
248	248
249	249	10–1805. 14
250	250
251	251	(A) A COMMISSIONER MAY NOT VOTE FOR OR OTHERWIS E PROMOTE ANY 15
252	252	CHANGE TO THE TRADITIONAL CO NVENTION RULE OF DEC ISION ON THE FLOOR A ND 16
253	253	IN THE COMMITTEE OF THE WHOLE THAT EACH STATE HAS ONE VOTE . 17
254	254
255	255	(B) A COMMISSIONER MAY NOT VOTE IN FAVOR OF ANY PROPOSED 18
256	256	AMENDMENT THAT WOULD ALTER THE TEXT OF TH E SPECIFIC GUARANTEE S OF 19
257	257	INDIVIDUAL LIBERTY E STABLISHED BY THE U.S. CONSTITUTION, INCLUDING THE 20
258	258	BILL OF RIGHTS AND THE 13TH, 14TH, 15TH, 19TH, 23RD, 24TH, AND 26TH 21
259	259	AMENDMENTS . 22
260	260
261	261	(C) SUBJECT TO ANY ADDITI ONAL INSTRUCTIONS IS SUED BY THE GENERAL 23
262	262	ASSEMBLY EITHER IN TH E COMMISSIONING R ESOLUTION OR THEREAF TER, THE 24
263	263	AUTHORITY OF A COMMI SSIONER SHALL BE LIM ITED BY: 25
264	264
265	265	(1) IF THE STATE WAS NOT ONE OF THE TWO–THIRDS OF THE STATES 26
266	266	APPLYING FOR THE CON VENTION, THE SUBJECT MATTER E NUMERATED IN THE 27
267	267	STATE APPLICATIONS T HAT TRIGGERED THE CO NVENTION; OR 28
268	268
269	269	(2) IF THE STATE WAS ONE OF THE TWO–THIRDS OF THE STATES 29
270	270	APPLYING FOR THE CON VENTION, THE SUBJECT MATTER I N THE STATE’S 30
271	271	APPLICATION. 31
272	272	SENATE BILL 886 7
273	273
274	274
275	275	(D) THE GENERAL ASSEMBLY MAY PROVIDE ADDITIONAL INSTRUCTI ONS 1
276	276	AT ANY TIME BY SUBSE QUENT RESOLUTION , A COPY OF WHIC H THE CLERK OF THE 2
277	277	HOUSE SHALL PROVIDE T O EACH COMMISSIONER AND TO THE ADVISORY 3
278	278	COMMITTEE . 4
279	279
280	280	10–1806. 5
281	281
282	282	(A) THE ADVISORY COMMITTE E SHALL BE COMPOSED OF: 6
283	283
284	284	(1) ONE MEMBER OF THE HOUSE, APPOINTED BY THE SPEAKER; 7
285	285
286	286	(2) ONE MEMBER OF THE SENATE, APPOINTED BY THE PRESIDENT; 8
287	287	AND 9
288	288
289	289	(3) ONE MEMBER OF THE GENERAL ASSEMBLY, APPOINTED JOINTLY 10
290	290	BY THE SPEAKER AND THE PRESIDENT WITH THE AP PROVAL OF A MAJORITY OF 11
291	291	BOTH THE HOUSE AND THE SENATE. 12
292	292
293	293	(B) THE ADVISORY COMMITTE E SHALL SELECT ONE O F ITS MEMBERS AS 13
294	294	CHAIR. 14
295	295
296	296	(C) THE ADVISORY COMMITTE E MAY HIRE STAFF AND DEVELOP 15
297	297	PROCEDURES FOR MONIT ORING THE CONVENTION , INCLUDING MONITORING 16
298	298	COMMITTEES AND SUBCO MMITTEES. 17
299	299
300	300	10–1807. 18
301	301
302	302	(A) (1) A COMMISSIONER MAY REQ UEST THAT THE ADVISO RY 19
303	303	COMMITTEE ADVISE THE COMMISSIONER WHETHER A PROSPECTIVE ACTION BY T HE 20
304	304	COMMISSIONER WOULD V IOLATE THE COMMISSIO NING RESOLUTION OR O THER 21
305	305	INSTRUCTIONS . 22
306	306
307	307	(2) THE ADVISORY COMMITTE E: 23
308	308
309	309	(I) SHALL RESPOND TO THE REQUEST FOR ADVICE U NDER 24
310	310	PARAGRAPH (1) OF THIS SUBSECTION W ITHIN 24 HOURS AFTER RECEIVIN G THE 25
311	311	REQUEST; AND 26
312	312
313	313	(II) MAY USE ANY APPROPRI ATE MEDIUM TO NOTIFY THE 27
314	314	COMMISSIONER REQUEST ING ADVICE OF ITS DE TERMINATION . 28
315	315	8 SENATE BILL 886
316	316
317	317
318	318	(B) ON THE REQUEST FOR A DETERMINATION BY THE SPEAKER, THE 1
319	319	PRESIDENT, OR THE ATTORNEY GENERAL ON WHETHER A COMMISSIONER HAS 2
320	320	EXCEEDED T HE SCOPE OF THE COMM ISSIONER’S AUTHORITY: 3
321	321
322	322	(1) THE ADVISORY COMMITT EE SHALL ISSUE A DET ERMINATION ON 4
323	323	WHETHER THE COMMISSI ONER OR INTERIM COMM ISSIONER DID EXCEED THE 5
324	324	COMMISSIONER ’S OR INTERIM COMMISS IONER’S AUTHORITY; AND 6
325	325
326	326	(2) THE DETERMINATION SH ALL BE EXPEDITIOUSLY MAD E AND 7
327	327	IMMEDIATELY COMMUNIC ATED TO THE INDIVIDU AL WHO REQUESTED THE 8
328	328	DETERMINATION . 9
329	329
330	330	(C) IF THE ADVISORY COMMI TTEE DETERMINES THAT A COMMISSIONER 10
331	331	HAS EXCEEDED THE SCO PE OF THE COMMISSION ER’S AUTHORITY, THE ADVISORY 11
332	332	COMMITTEE SHALL IMME DIATELY: 12
333	333
334	334	(1) REMOVE THE COMMISSIO NER; AND 13
335	335
336	336	(2) NOTIFY THE SPEAKER, THE PRESIDENT, THE ATTORNEY 14
337	337	GENERAL, AND THE PRESIDING OF FICERS OF THE CONVEN TION OF THE REMOVAL 15
338	338	OF THE COMMISSIONER AND THE REASON FOR T HE REMOVAL . 16
339	339
340	340	(D) IF THE GENERAL ASSEMBLY DETERM INES THAT A COMMISSI ONER HAS 17
341	341	EXCEEDED THE SCOPE O F THE COMMISSIONER ’S AUTHORITY , THE ADVISORY 18
342	342	COMMITTEE SHALL RECA LL OR SUSPEND THE CO MMISSIONER. 19
343	343
344	344	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
345	345	1, 2025. 21
346	346