EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0886*
SENATE BILL 886
P3, P5 5lr2552
SB 1073/24 – EEE CF HB 925
By: Senator Ready
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
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 SENATE BILL 886
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 MARYLAND , 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 COMMITTEE 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 RESOLUT ION” MEANS A RESOLUTION ADOPTED 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 CO MMISSIONERS AND INTE RIM 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 DELEGATION. 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
SENATE BILL 886 3
10–1802. 1
IN THE NEXT REGULAR S ESSION OF THE GENERAL ASSEMBLY FOLLOWING 2
THE FULFILLMENT OF T HE REQUIRED NUMBER OF S TATES 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 CONV ENTION CALLED UNDER 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 A ND VOTING IN A JOINT SESSION 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 IM MEDIATE 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 THE 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 SENATE BILL 886
(7) MAY NOT HAVE HELD A FEDERALLY ELECTED OR APPOI NTED 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
CONVICTIONS FOR ANY CRIME IN ANY JURISDICTION DUR ING 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 COMMISSIONER AN OFFI CIAL 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 RESOLUTION OF TH E 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 MAJORITY VOTE O F THE AD VISORY 30
COMMITTEE , PENDING A VOTE OF TH E GENERAL ASSEMBLY DURING THE N EXT 31
REGULAR LEGISLATIVE SESSION. 32 SENATE BILL 886 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 PERMANENT REPLACEMEN T. 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 PROV IDED 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 P ROSPECTIVE 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 CHO OSE FROM ITS MEMBERS 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 THE COMMIS SIONER DESIGNATED TO COMMUN ICATE 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 SENATE BILL 886
(C) (1) A COMMISSIONER MAY NOT INTENTIONALLY COMMUN ICATE 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 OPINI ON ON A SUBJECT 5
ON WHICH THE DELEGAT ION HAS NOT FORMALLY TAKEN A POSITION THA T 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 PARTICULAR DUTIES AND THE DETER MINATION 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 TRADITIONAL CO NVENTION RULE OF DEC ISION ON THE FLOOR A ND 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 GUARANTEE S 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 R ESOLUTION OR THEREAF TER, 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 CO NVENTION; 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
SENATE BILL 886 7
(D) THE GENERAL ASSEMBLY MAY PROVIDE ADDITIONAL INSTRUCTI ONS 1
AT ANY TIME BY SUBSE QUENT RESOLUTION , A COPY OF WHIC H 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 AS 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 PROSPECTIVE ACTION BY T HE 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 RECEIVIN G 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 SENATE BILL 886
(B) ON THE REQUEST FOR A DETERMINATION BY THE SPEAKER, THE 1
PRESIDENT, OR THE ATTORNEY GENERAL ON WHETHER A COMMISSIONER HAS 2
EXCEEDED T HE SCOPE OF THE COMM ISSIONER’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 DETERMINATION SH ALL BE EXPEDITIOUSLY MAD E 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
COMMITTEE SHALL IMME DIATELY: 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 DETERM INES THAT A COMMISSI ONER HAS 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