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SENATE FLOOR VERSION
April 13, 2023
ENGROSSED HOUSE
JOINT
RESOLUTION NO. 1017 By: Lepak, Crosswhite Hader,
and Maynard of the House
and
Bergstrom of the Senate
A Joint Resolution relating to an Article V
Convention for propo sing amendments to the United
States Constitution and a gathering of the states in
preparation for an Article V Convention; a uthorizing
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 establishe d
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 amendmen ts 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; providing termination date; and
directing filing and distributi on.
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 amendments; and
WHEREAS, the Oklahoma Legislature adopted Senate Joint
Resolution 4 in the 2nd Session of the 55t h Oklahoma Legislature,
and Senate Joint Resolution 23 in the 1st Session of the 57th
Oklahoma Legislature, that applied to the Congress of the United
States "for the calling of a convention of the states li mited to
proposing an amendment to the Constitut ion of the United States
requiring that in the absence of a national emergency the total of
all federal appropriations made by t he Congress for any fiscal year
may not exceed the total of all estimated federa l revenues for that
fiscal year, together with a ny related and appropriate fiscal
restraints"; and
WHEREAS, it appears that two -thirds of the states, inclu ding
Oklahoma, soon will have applied for a convention to propose such an
amendment adding to the Uni ted States Constitution a requirement
that the federal government balance its budge t; and
WHEREAS, it has also been proposed by several states, including
Oklahoma, that a conve ntion be called for proposing amendments to
"impose fiscal restraints on the fed eral government, limit the power
and jurisdiction of the federal government, and li mit the terms of
office for its officials and for members of Congress"; and
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WHEREAS, in its call Congress will be required to specify an
initial time and place for the meeti ng of the Article V Convention
for proposing amendments; and
WHEREAS, it is appropr iate for the state legislatures to prepare
for the Article V Conventi on and recommend to Cong ress 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 related to an Article V Convention, including
planning for and recommending rules and procedures for an A rticle V
Convention, and recommending to Congress the initial date and
location of an Article V Convention; and
WHEREAS, a planning c onvention of the several states convened on
September 12, 2017, in Phoenix, Arizona, and was attended by a
delegation from Oklahom a as authorized by House Concurrent
Resolution No. 1007 of the 1st Session of the 56th Oklahoma
Legislature (2017).
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
AND THE SENATE OF THE 1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
THAT a delegation of commissi oners selected as provided in this
resolution shall be authorized to attend and participate in a
gathering of states proposed by any state legi slature for the
purposes of developing rules and procedures for an Article V
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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
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 Article V Convention.
THAT the delegation of commissioners shall be composed of seven
members, three of whom shall be appointed by the Speaker of the
Oklahoma House of Representatives, t hree of whom shall be appointed
by the President Pro Tempore of the Ok lahoma 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 Sena te.
THAT two of the commissioners appointed by the Speaker of the
Oklahoma House of Representatives shall b e current members of the
Oklahoma House of Representatives at the time of appointment, and
two of the commissioners appointed by the President Pro Te mpore of
the Oklahoma State Senate shall be current members of the Okl ahoma
State Senate at the time of app ointment. The third commissioner
appointed by the Speaker of the Oklahoma House of Represent atives
shall be a current or former member of the Oklaho ma House of
Representatives and the third commissioner appointed by th e
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President Pro Tempore of the Oklaho ma State Senate shall be a
current or former member of the Oklahom a State Senate.
THAT the commissioners shall be bound by the rules adopted by
the gathering of the states or provided for in the proposal for the
Article V Convention.
THAT unless otherwise provided by the Oklahoma Legislature, the
commissioners provided f or in this resolution shall also serve as
commissioners to the Article 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 particip ate in either the
state gathering or an Article V Conven tion 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 memb er of the appointing
authority's legislative body, to se rve 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 authority to vote to allow consideration
of or vote to approve an unauthorized amend ment for ratification to
the United States Constitution.
THAT any commissioner or alternate casting a vote to allow
consideration or approval of an unauthorized amendment shall be
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immediately recalled by the appointing authority or authorities and
be replaced by an alternate.
THAT all voting in either a gathering of states or an Article V
Convention shall be b y state with each state having one vote.
THAT commissioners and alternates shall t ake the following oath
of office before accepting their appointme nt:
"I do solemnly swear or affirm that to the best of my abilities
I will, as a commissioner (alternate com missioner) to a convention
for proposing any amendment to the United States Constit ution,
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 amendment 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 acknowledge that any violation of this
oath may result in being rec alled by the Legislature of the State of
Oklahoma or its authorized committee."
THAT an Article V Convention Committee shall be composed of
three members, one appointed by the Speaker of the Oklahoma House of
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Representatives, one appointed by the President Pro Tempore of the
Oklahoma State Senate and one appointed jointly by the Speaker and
President Pro Tempore. A member of the Article V Convent ion
Committee may not be a member of the delegation. The duties of the
Article V Convention Committee and their appointing authority or
authorities include:
1. Monitoring the delegation to dete rmine if it is following
legislative instructions and obeyin g convention rules;
2. Advising the delegation on the Legislature's position on
issues before the convention;
3. Disciplining any commissio ner 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 recalled commissioner.
THAT commissioners shall vote only for Article V Conven tion
rules consistent with t he following principle s:
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;
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2. The only participants at this conven tion are the several
states represented by their r espective delegations duly select ed in
the manner that their respective legislatures h ave determined;
3. The scope of the convention's authority is defined by
applications adopted by at least two -thirds of the legislatures of
the several states, which aut hority is limited to 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 commissioner
or delegation for exceeding the scope of the convention' s authority
by raising subjects for discussion or debate that lie outside the
convention's authority;
5. The convention s hall not infringe on the respective state
legislatures' authority to instruct, disc ipline, recall and replace
commissioners; and
6. All voting at the con vention or in a committee shall be by
state with each state having one vote without apportionment or
division. Each state legislature shall determine t he internal
voting and quorum rul es for casting the vote of its delegation.
THAT the Chief Clerk of the House of Representatives,
immediately after the passage of this resolution, shall prepare and
file one copy thereof with the Secre tary of State and one copy with
the Attorney General an d transmit copies to the President and
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Secretary of the United States S enate and to the Speaker and Clerk
of the United States House of Representatives, to the members of th e
Oklahoma Congressional Del egation, and to the pr esiding officers of
each of the legislative houses in the several states, r equesting
their cooperation.
COMMITTEE REPORT BY: COMMITTEE ON RULES
April 13, 2023 - DO PASS