Oklahoma 2022 Regular Session

Oklahoma House Bill HJR1056 Compare Versions

Version 1 (Old)

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	3	+	ENGR. H. J. R. NO. 1056 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 13, 2022
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33	28		ENGROSSED HOUSE
34	29		JOINT
35	30		RESOLUTION NO. 1056 By: Lepak of the House
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37	32		and
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39		-	Standridge and Bullard of
40		-	the Senate
	34	+	Standridge of the Senate
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45	42		A Joint Resolution relating to an Article V
46	43		Convention for propo sing amendments to the United
47	44		States Constitution and a gathering of the states in
48	45		preparation for an Article V Convention; authorizing
49	46		a delegation of commissioners fro m this state to
50	47		attend and participate in gatherings of the states;
51	48		stating purpose; providing for selection and
52	49		composition of the delegation; providing that the
53	50		delegation shall be bound by the rules established
54	51		for the gathering of states; providing tha t the
55	52		delegation to the convention of states shall also
56	53		serve as commissioners to the A rticle V Convention
57	54		for proposing amendmen ts to the United States
58	55		Constitution when called; providing for selection of
59	56		alternates; prohibiting commissioners to the Artic le
60	57		V Convention from voting for unauthorized amendments;
61	58		providing for replacement of c ommissioners who
62	59		violate the prohibition; providing for voting;
63	60		requiring the taking of an oath; establishing an
64	61		Article V Convention Committee; providing composition
65	62		and duties; requiring commissioner to adhere to
66	63		certain principles; and directing filing and
67	64		distribution.
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71	70		WHEREAS, Article V of the Consti tution of the United States
72	71		provides that upon receipt of applications from two -thirds of the
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100	98		legislatures of the several states, Congress shall call a convention
101	99		of the states for proposing amendmen ts; and
102	100		WHEREAS, the Oklahoma Legislature adopted SJR 4 in the 2nd
103	101		Session of the 55th Oklahoma Legislature , and SJR 23 in the 1st
104	102		Session of the 57th Oklahoma Legislature, that applied to the
105	103		Congress of the United St ates "for the calling of a convention of
106	104		the states limited to proposing an amendment to the Co nstitution of
107	105		the United States requiring that in the absence of a national
108	106		emergency the total of all federal appr opriations made by the
109	107		Congress for any fiscal year may not exceed the total of all
110	108		estimated federal revenues for that fiscal year, together with any
111	109		related and appropriate fiscal restraints"; and
112	110		WHEREAS, it appears that two -thirds of the states, inclu ding
113	111		Oklahoma, soon will have applied for a co nvention to propose such an
114	112		amendment adding to the Uni ted States Constitution a requirement
115	113		that the federal government bal ance its budget; and
116	114		WHEREAS, it has also been proposed by several states, including
117	115		Oklahoma, that a convention be called for prop osing amendments to
118	116		"impose fiscal restraints on the fed eral government, limit the power
119	117		and jurisdiction of the federal gove rnment, and limit the terms of
120	118		office for its officials and for members of Congress"; and
121	119		WHEREAS, in its call Congress will be re quired to specify an
122	120		initial time and place for the meeti ng of the Article V Convention
123	121		for proposing amendments; and
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151	148		WHEREAS, it is appropriate for the state legislatures to prepare
152	149		for the Article V Conventi on and recommend to Congress an initial
153	150		time and place to hold the convention; and
154	151		WHEREAS, a gathering of the states called by a state legislatu re
155	152		and consisting of members authorized by other state legislatures
156	153		would be an effective way of considering a nd recommending solutions
157	154		to common issues rel ated to an Article V Convention, including
158	155		planning for and recommending rules and procedures for an Article V
159	156		Convention, and recommending to Congress the initial date and
160	157		location of an Article V Convention; and
161	158		WHEREAS, a planning convention of the sev eral states in
162	159		September in Phoenix, Arizona, was attended b y a delegation from
163	160		Oklahoma as authoriz ed by House Concurrent Resolu tion No. 1007 of
164	161		the 1st Session of the 56th Oklahoma Legislature (2017).
165	162		NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATI VES
166	163		AND THE SENATE OF THE 2ND SESSION OF THE 5 8TH OKLAHOMA LEGISLATURE:
167	164		THAT a delegation of co mmissioners selected as prov ided in this
168	165		resolution shall be authorized to attend and participate in a
169	166		gathering of states proposed by any state legislature for the
170	167		purposes of developing rules and procedures for an Article V
171	168		Convention for proposing amend ments to the United States
172	169		Constitution to require a balanced federal budget, or to impose
173	170		fiscal restraints on the federal government, to limit the power and
174	171		jurisdiction of the federal government and to limit the terms of
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202	198		office for federal officials and members of Congress and for
203	199		proposing an initial date and location for the meeting of the
204	200		several states in an Art icle V Convention.
205	201		THAT the delegation of co mmissioners shall be composed of seven
206	202		members, three of whom shall be appointed by the Speaker o f the
207	203		Oklahoma House of Repr esentatives, three of whom shall be appointed
208	204		by the President Pro Tempore of the Okla homa State Senate, and one
209	205		of whom shall be appointed by agreement of both the Speaker of the
210	206		Oklahoma House of Representatives and the Presid ent Pro Tempore of
211	207		the Oklahoma State Senate.
212	208		THAT two of the commissioners appointed by the Speaker of the
213	209		Oklahoma House of Representatives shall be current members of the
214	210		Oklahoma House of Representatives at the time of appointment, and
215	211		two of the commissioners appointed by the Pr esident Pro Tempore of
216	212		the Oklahoma State Senate shall be current members of the Okla homa
217	213		State Senate at the time of appointment. The third commissioner
218	214		appointed by the Speaker of the Oklahoma House of Representatives
219	215		shall be a current or former member of the Oklahoma House of
220	216		Representatives and the third commissioner appointed by the
221	217		President Pro Tempore of the Oklahoma State Senate shall be a
222	218		current or former member of the Oklahom a State Senate.
223	219		THAT the commissioners sh all be bound by the rules ad opted by
224	220		the gathering of the states or provided for in the proposal for the
225	221		Article V Convention.
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253	248		THAT unless otherwise provide d by the Oklahoma Legislature, the
254	249		commissioners provided f or in this resolution shall also serve as
255	250		commissioners to the Articl e V Convention for proposing amendments
256	251		to the United States Constitution when call ed and shall be bound by
257	252		the rules adopted by the members of the Article V Convention.
258	253		THAT if a commissioner is unable to participate in either the
259	254		state gathering or an Ar ticle V Convention to propose amendments to
260	255		the United States Constitution either permanently or temporarily,
261	256		the appointing authority or authorities shall select an alternate,
262	257		who shall be a current or former member of the appo inting
263	258		authority's legislati ve body, to serve for the time the commissioner
264	259		is unable to serve. The alternate shall be bound by the same rules
265	260		and procedures as the original commissioner.
266	261		THAT no commissioner or al ternate from this state to an Article
267	262		V Convention shall have the aut hority to vote to allow consideration
268	263		of or vote to approve an unauthorized amend ment for ratification to
269	264		the United States Co nstitution.
270	265		THAT any commissioner or alternate casting a vote to allow
271	266		consideration or approval of a n unauthorized amendment shal l be
272	267		immediately recalled by the appointing authority or authorities and
273	268		be replaced by an alternate.
274	269		THAT all voting in eit her a gathering of states or an Article V
275	270		Convention shall be b y state with each state having one vote .
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303	298		THAT commissioners and alte rnates shall take the following oath
304	299		of office before accepting their appointme nt:
305	300		"I do solemnly swear or affirm that to t he best of my abilities
306	301		I will, as a commissioner (alternate com missioner) to a convention
307	302		for proposing any amendment to the United States Constitution,
308	303		uphold the Constitution and laws of the United States and the State
309	304		of Oklahoma.
310	305		I will abide by my s pecific instructions from the Legislature of
311	306		the State of Oklahom a. I will not vote to allow consider ation of or
312	307		to approve any amend ment proposed for ratification to the United
313	308		States Constitution that is unre lated to the subject of the approved
314	309		call of the convention by Congress.
315	310		I will vote only for convention rules that provide that each
316	311		state have one equal vote and that a state or commissioner shall not
317	312		be allowed to propose an amendment that is unrelated to the approved
318	313		call of the convention. I a cknowledge that any violation of this
319	314		oath may result in being rec alled by the Legislature of the Stat e of
320	315		Oklahoma or its authorized c ommittee."
321	316		THAT an Article V Convention Committee shall be composed of
322	317		three members, one appointed by the Speaker of th e Oklahoma House of
323	318		Representatives, one appointed by the President Pro Tempore of the
324	319		Oklahoma State Senate and one appointed jointly b y the Speaker and
325	320		President Pro Tempore. A member of the Article V Convent ion
326	321		Committee may not be a member of the dele gation. The duties of the
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354	348		Article V Convention Committee and their appointing authority or
355	349		authorities include:
356	350		1. Monitoring the dele gation to determine if it is following
357	351		legislative instructions and obeyin g convention rules;
358	352		2. Advising the delegat ion on the Legislature's position on
359	353		issues before the convention;
360	354		3. Disciplining any commissioner who violates the oath of
361	355		office or instructions or is otherwise guilty of malfeasance or
362	356		nonfeasance. Discip line may include recall from the convention,
363	357		removal as a commissioner or demotion to the office of alternate
364	358		commissioner;
365	359		4. Notifying the conv ention that a commissioner has been
366	360		recalled, removed as a commissioner or demoted to the office of
367	361		alternate commissioner; and
368	362		5. Replacing any recall ed commissioner.
369	363		THAT commissioners shall vote only for Article V Conven tion
370	364		rules consistent with th e following principles:
371	365		1. The convention is convened under the authority reserved to
372	366		the state legislature s of the several states by Article V of the
373	367		Constitution of the United States;
374	368		2. The only participants at this conven tion are the several
375	369		states represented by their respective delegatio ns duly selected in
376	370		the manner that their respective legislatures h ave determined;
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404	397		3. The scope of the convent ion's authority is defined by
405	398		applications adopted by at least two -thirds of the legislatures of
406	399		the several states, which authority is limited t o the subject of the
407	400		approved call of the convention. The convent ion has no authority to
408	401		propose or discuss an amendment on any other subject outside the
409	402		approved call of the convention by Congress;
410	403		4. The convention shall provide for disciplining a comm issioner
411	404		or delegation for exceeding the scope of the convention' s authority
412	405		by raising subjects for discussio n or debate that lie outside the
413	406		convention's authority;
414	407		5. The convention s hall not infringe on the respective state
415	408		legislatures' authority to instruct, discipline, recall and replace
416	409		commissioners; and
417	410		6. All voting at the convention or in a committ ee shall be by
418	411		state with each state having one vote without apportionment or
419	412		division. Each state legislature shall determine the internal
420	413		voting and quorum rules for casting the vote of its delegation.
421	414		THAT the Chief Clerk of the House of Representati ves,
422	415		immediately after the p assage of this resolution, shall prepare and
423	416		file one copy thereof with the Secretary of State and one copy with
424	417		the Attorney General and transmit copies to the President and
425	418		Secretary of the United States Senate and to the Spea ker and Clerk
426	419		of the United States House of Representatives, to the members of th e
427	420		Oklahoma Congressional Delegation, and to the presiding officers of
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455	447		each of the legislative houses in the several states, r equesting
456	448		their cooperation.
457		-	COMMITTEE REPORT BY: COMMITTEE ON RULES
458		-	April 13, 2022 - DO PASS
	449	+	Passed the House of Representatives the 23rd day of March, 2022.
	450	+
	451	+
	452	+
	453	+
	454	+	Presiding Officer of the House
	455	+	of Representatives
	456	+
	457	+
	458	+	Passed the Senate the ___ day of __________, 2022.
	459	+
	460	+
	461	+
	462	+
	463	+	Presiding Officer of the Senate
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	465	+