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SENATE FLOOR VERSION
April 13, 2022
ENGROSSED HOUSE
JOINT
RESOLUTION NO. 1056 By: Lepak of the House
and
Standridge and Bullard of
the Senate
A Joint Resolution relating to an Article V
Convention for propo sing amendments to the Unite d
States Constitution and a gathering of the states in
preparation for an Article V Convention; authorizing
a delegation of commissioners fro m this state to
attend and participate in gatherings of the states;
stating purpose; providing for selection and
composition of the delegation; providing that the
delegation shall be bound by the rules established
for the gathering of states; providing tha t the
delegation to the convention of states shall also
serve as commissioners to the A rticle V Convention
for proposing amendments to the United States
Constitution when called; providing for selection of
alternates; prohibiting commissioners to the Artic le
V Convention from voting for unauthorized amendments;
providing for replacement of c ommissioners who
violate the prohibition; providing for voting;
requiring the taking of an oath; establishing an
Article V Convention Committee; providing composition
and duties; requiring commissioner to adhere to
certain principles; and directing filing and
distribution.
WHEREAS, Article V of the Constitution of the United States
provides that upon receipt of applications from two -thirds of the
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legislatures of the several states, Congress shall call a convention
of the states for proposing amendmen ts; and
WHEREAS, the Oklahoma Legislature adopted SJR 4 in the 2nd
Session of the 55th Oklahoma Legislature , and SJR 23 in the 1st
Session of the 57th Oklahoma Legislature, that applied to the
Congress of the United St ates "for the calling of a convention of
the states limited to proposing an amendment to the Constitution of
the United States requiring that in the absence of a national
emergency the total of all federal appr opriations made by the
Congress for any fiscal year may not exceed the total of all
estimated federal revenues for that fiscal year, together with any
related and appropriate fiscal restraints"; and
WHEREAS, it appears that two -thirds of the states, inclu ding
Oklahoma, soon will have applied for a co nvention to propose such an
amendment adding to the Uni ted States Constitution a requirement
that the federal government bal ance its budget; and
WHEREAS, it has also been proposed by several states, including
Oklahoma, that a convention be called for prop osing amendments to
"impose fiscal restraints on the fed eral government, limit the power
and jurisdiction of the federal gove rnment, and limit the terms of
office for its officials and for members of Congress"; and
WHEREAS, in its call Congress will be re quired to specify an
initial time and place for the meeti ng of the Article V Convention
for proposing amendments; and
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WHEREAS, it is appropriate for the state legislatures to prepare
for the Article V Conventi on and recommend to Congress an initial
time and place to hold the convention; and
WHEREAS, a gathering of the states called by a state legislature
and consisting of members authorized by other state legislatures
would be an effective way of considering a nd recommending solutions
to common issues rel ated to an Article V Convention, including
planning for and recommending rules and procedures for an Article V
Convention, and recommending to Congress the initial date and
location of an Article V Convention; and
WHEREAS, a planning convention of the sev eral states in
September in Phoenix, Arizona, was attended b y a delegation from
Oklahoma as authorized by House Concurrent Resolu tion No. 1007 of
the 1st Session of the 56th Oklahoma Legislature (2017).
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATI VES
AND THE SENATE OF THE 2ND SESSION OF THE 5 8TH OKLAHOMA LEGISLATURE:
THAT a delegation of commissioners selected as prov ided in this
resolution shall be authorized to attend and participate in a
gathering of states proposed by any state legislature for the
purposes of developing rules and procedures for an Article V
Convention for proposing amendments to the United States
Constitution to require a balanced federal budget, or to impose
fiscal restraints on the federal government, to limit the power and
jurisdiction of the federal government and to limit the terms of
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office for federal officials and members of Congress and for
proposing an initial date and location for the meeting of the
several states in an Art icle V Convention.
THAT the delegation of co mmissioners shall be composed of seven
members, three of whom shall be appointed by the Speaker of the
Oklahoma House of Repr esentatives, three of whom shall be appointed
by the President Pro Tempore of the Okla homa State Senate, and one
of whom shall be appointed by agreement of both the Speaker of the
Oklahoma House of Representatives and the President Pro Tempore of
the Oklahoma State Senate.
THAT two of the commissioners appointed by the Speaker of the
Oklahoma House of Representatives shall be current members of the
Oklahoma House of Representatives at the time of appointment, and
two of the commissioners appointed by the Pr esident Pro Tempore of
the Oklahoma State Senate shall be current members of the Okla homa
State Senate at the time of appointment. The third commissioner
appointed by the Speaker of the Oklahoma House of Representatives
shall be a current or former member of the Oklahoma House of
Representatives and the third commissioner appointed by the
President Pro Tempore of the Oklahoma State Senate shall be a
current or former member of the Oklahom a State Senate.
THAT the commissioners shall be bound by the rules ad opted by
the gathering of the states or provided for in the proposal for the
Article V Convention.
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THAT unless otherwise provide d by the Oklahoma Legislature, the
commissioners provided f or in this resolution shall also serve as
commissioners to the Articl e V Convention for proposing amendments
to the United States Constitution when call ed and shall be bound by
the rules adopted by the members of the Article V Convention.
THAT if a commissioner is unable to participate in either the
state gathering or an Ar ticle V Convention to propose amendments to
the United States Constitution either permanently or temporarily,
the appointing authority or authorities shall select an alternate,
who shall be a current or former member of the appointing
authority's legislati ve body, to serve for the time the commissioner
is unable to serve. The alternate shall be bound by the same rules
and procedures as the original commissioner.
THAT no commissioner or al ternate from this state to an Article
V Convention shall have the aut hority to vote to allow consideration
of or vote to approve an unauthorized amend ment for ratification to
the United States Co nstitution.
THAT any commissioner or alternate casting a vote to allow
consideration or approval of an unauthorized amendment shal l be
immediately recalled by the appointing authority or authorities and
be replaced by an alternate.
THAT all voting in eit her a gathering of states or an Article V
Convention shall be b y state with each state having one vote.
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THAT commissioners and alte rnates shall take the following oath
of office before accepting their appointme nt:
"I do solemnly swear or affirm that to t he best of my abilities
I will, as a commissioner (alternate com missioner) to a convention
for proposing any amendment to the United States Constitution,
uphold the Constitution and laws of the United States and the State
of Oklahoma.
I will abide by my s pecific instructions from the Legislature of
the State of Oklahom a. I will not vote to allow consideration of or
to approve any amend ment proposed for ratification to the United
States Constitution that is unre lated to the subject of the approved
call of the convention by Congress.
I will vote only for convention rules that provide that each
state have one equal vote and that a state or commissioner shall not
be allowed to propose an amendment that is unrelated to the approved
call of the convention. I a cknowledge that any violation of this
oath may result in being rec alled by the Legislature of the State of
Oklahoma or its authorized c ommittee."
THAT an Article V Convention Committee shall be composed of
three members, one appointed by the Speaker of th e Oklahoma House of
Representatives, one appointed by the President Pro Tempore of the
Oklahoma State Senate and one appointed jointly b y the Speaker and
President Pro Tempore. A member of the Article V Convent ion
Committee may not be a member of the dele gation. The duties of the
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Article V Convention Committee and their appointing authority or
authorities include:
1. Monitoring the dele gation to determine if it is following
legislative instructions and obeyin g convention rules;
2. Advising the delegat ion on the Legislature's position on
issues before the convention;
3. Disciplining any commissioner who violates the oath of
office or instructions or is otherwise guilty of malfeasance or
nonfeasance. Discip line may include recall from the convention,
removal as a commissioner or demotion to the office of alternate
commissioner;
4. Notifying the convention that a commissioner has been
recalled, removed as a commissioner or demoted to the office of
alternate commissioner; and
5. Replacing any recall ed commissioner.
THAT commissioners shall vote only for Article V Conven tion
rules consistent with the following principles:
1. The convention is convened under the authority reserved to
the state legislature s of the several states by Article V of the
Constitution of the United States;
2. The only participants at this conven tion are the several
states represented by their respective delegatio ns duly selected in
the manner that their respective legislatures h ave determined;
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3. The scope of the convent ion's authority is defined by
applications adopted by at least two -thirds of the legislatures of
the several states, which authority is limited t o the subject of the
approved call of the convention. The convent ion has no authority to
propose or discuss an amendment on any other subject outside the
approved call of the convention by Congress;
4. The convention shall provide for disciplining a comm issioner
or delegation for exceeding the scope of the convention' s authority
by raising subjects for discussio n or debate that lie outside the
convention's authority;
5. The convention s hall not infringe on the respective state
legislatures' authority to instruct, discipline, recall and replace
commissioners; and
6. All voting at the convention or in a committ ee shall be by
state with each state having one vote without apportionment or
division. Each state legislature shall determine the internal
voting and quorum rules for casting the vote of its delegation.
THAT the Chief Clerk of the House of Representati ves,
immediately after the p assage of this resolution, shall prepare and
file one copy thereof with the Secretary of State and one copy with
the Attorney General and transmit copies to the President and
Secretary of the United States Senate and to the Spea ker and Clerk
of the United States House of Representatives, to the members of th e
Oklahoma Congressional Delegation, and to the presiding officers of
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each of the legislative houses in the several states, r equesting
their cooperation.
COMMITTEE REPORT BY: COMMITTEE ON RULES
April 13, 2022 - DO PASS