OK
Oklahoma House Bill HJR1017

Oklahoma 2023 Regular Session

Oklahoma House Bill HJR1017 Compare Versions

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334 JOINT
435 RESOLUTION NO. 1017 By: Lepak, Crosswhite Hader,
536 and Maynard of the House
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738 and
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9- Bergstrom and Bullard of
10-the Senate
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40+ Bergstrom of the Senate
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1745 A Joint Resolution relating to an Article V
1846 Convention for propo sing amendments to the United
1947 States Constitution and a gathering of the states in
2048 preparation for an Article V Convention; a uthorizing
2149 a delegation of commissioners fro m this state to
2250 attend and participate in gatherings of the states;
2351 stating purpose; providing for selection and
2452 composition of the delegation; providing that the
2553 delegation shall be bound by the rules establishe d
2654 for the gathering of states; providing tha t the
2755 delegation to the convention of states shall also
2856 serve as commissioners to the A rticle V Convention
2957 for proposing amendmen ts to the United States
3058 Constitution when called; providing for selection of
3159 alternates; prohibiting commissioners to the Artic le
3260 V Convention from voting for unauthorized amendments;
3361 providing for replacement of c ommissioners who
3462 violate the prohibition; providing for voting;
3563 requiring the taking of an oath; establishing an
3664 Article V Convention Committee; providing composition
3765 and duties; requiring commissioner to adhere to
3866 certain principles; providing termination date; and
3967 directing filing and distributi on.
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44-SUBJECT: United States Constitution
45- ENR. H. J. R. NO. 1017 Page 2
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4673 WHEREAS, Article V of the Constitution of the United States
4774 provides that upon receipt of applications from two -thirds of the
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48102 legislatures of the several states, Congress shall call a convention
49103 of the states for proposing amendments; and
50-
51104 WHEREAS, the Oklahoma Legislature adopted Senate Joint
52105 Resolution 4 in the 2nd Session of the 55t h Oklahoma Legislature,
53106 and Senate Joint Resolution 23 in the 1st Session of the 57th
54107 Oklahoma Legislature, that applied to the Congress of the United
55108 States "for the calling of a convention of the states li mited to
56109 proposing an amendment to the Constitut ion of the United States
57110 requiring that in the absence of a national emergency the total of
58111 all federal appropriations made by t he Congress for any fiscal year
59112 may not exceed the total of all estimated federa l revenues for that
60113 fiscal year, together with a ny related and appropriate fiscal
61114 restraints"; and
62-
63115 WHEREAS, it appears that two -thirds of the states, inclu ding
64116 Oklahoma, soon will have applied for a convention to propose such an
65117 amendment adding to the Uni ted States Constitution a requirement
66118 that the federal government balance its budge t; and
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68119 WHEREAS, it has also been proposed by several states, including
69120 Oklahoma, that a conve ntion be called for proposing amendments to
70121 "impose fiscal restraints on the fed eral government, limit the power
71122 and jurisdiction of the federal government, and li mit the terms of
72123 office for its officials and for members of Congress"; and
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74151 WHEREAS, in its call Congress will be required to specify an
75152 initial time and place for the meeti ng of the Article V Convention
76153 for proposing amendments; and
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78154 WHEREAS, it is appropr iate for the state legislatures to prepare
79155 for the Article V Conventi on and recommend to Cong ress an initial
80156 time and place to hold the convention; and
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82157 WHEREAS, a gathering of the states called by a state legislature
83158 and consisting of members authorized by other state legislatures
84159 would be an effective way of considering a nd recommending solutions
85160 to common issues related to an Article V Convention, including
86161 planning for and recommending rules and procedures for an A rticle V
87162 Convention, and recommending to Congress the initial date and
88163 location of an Article V Convention; and
89- ENR. H. J. R. NO. 1017 Page 3
90164 WHEREAS, a planning c onvention of the several states convened on
91165 September 12, 2017, in Phoenix, Arizona, and was attended by a
92166 delegation from Oklahom a as authorized by House Concurrent
93167 Resolution No. 1007 of the 1st Session of the 56th Oklahoma
94168 Legislature (2017).
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96169 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
97170 AND THE SENATE OF THE 1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
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99171 THAT a delegation of commissi oners selected as provided in this
100172 resolution shall be authorized to attend and participate in a
101173 gathering of states proposed by any state legi slature for the
102174 purposes of developing rules and procedures for an Article V
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103202 Convention for proposing amendments to the United States
104203 Constitution to require a balanced federal budget, or to impose
105204 fiscal restraints on the federal government, to limit the power and
106205 jurisdiction of the federal government and to limit the terms of
107206 office for federal officials and members of Congress and for
108207 proposing an initial date and location for the meeting of the
109208 several states in an Article V Convention.
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111209 THAT the delegation of commissioners shall be composed of seven
112210 members, three of whom shall be appointed by the Speaker of the
113211 Oklahoma House of Representatives, t hree of whom shall be appointed
114212 by the President Pro Tempore of the Ok lahoma State Senate, and one
115213 of whom shall be appointed by agreement of both the Speaker of the
116214 Oklahoma House of Representatives and the President Pro Tempore of
117215 the Oklahoma State Sena te.
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119216 THAT two of the commissioners appointed by the Speaker of the
120217 Oklahoma House of Representatives shall b e current members of the
121218 Oklahoma House of Representatives at the time of appointment, and
122219 two of the commissioners appointed by the President Pro Te mpore of
123220 the Oklahoma State Senate shall be current members of the Okl ahoma
124221 State Senate at the time of app ointment. The third commissioner
125222 appointed by the Speaker of the Oklahoma House of Represent atives
126223 shall be a current or former member of the Oklaho ma House of
127224 Representatives and the third commissioner appointed by th e
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128252 President Pro Tempore of the Oklaho ma State Senate shall be a
129253 current or former member of the Oklahom a State Senate.
130-
131254 THAT the commissioners shall be bound by the rules adopted by
132255 the gathering of the states or provided for in the proposal for the
133256 Article V Convention.
134- ENR. H. J. R. NO. 1017 Page 4
135257 THAT unless otherwise provided by the Oklahoma Legislature, the
136258 commissioners provided f or in this resolution shall also serve as
137259 commissioners to the Article V Convention for proposing amendments
138260 to the United States Constitution when call ed and shall be bound by
139261 the rules adopted by the members of the Article V Convention.
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141262 THAT if a commissioner is unable to particip ate in either the
142263 state gathering or an Article V Conven tion to propose amendments to
143264 the United States Constitution either permanently or temporarily,
144265 the appointing authority or authorities shall select an alternate,
145266 who shall be a current or former memb er of the appointing
146267 authority's legislative body, to se rve for the time the commissioner
147268 is unable to serve. The alternate shall be bound by the same rules
148269 and procedures as the original commissioner.
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150270 THAT no commissioner or al ternate from this state to an Article
151271 V Convention shall have the authority to vote to allow consideration
152272 of or vote to approve an unauthorized amend ment for ratification to
153273 the United States Constitution.
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155274 THAT any commissioner or alternate casting a vote to allow
156275 consideration or approval of an unauthorized amendment shall be
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157303 immediately recalled by the appointing authority or authorities and
158304 be replaced by an alternate.
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160305 THAT all voting in either a gathering of states or an Article V
161306 Convention shall be b y state with each state having one vote.
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163307 THAT commissioners and alternates shall t ake the following oath
164308 of office before accepting their appointme nt:
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166309 "I do solemnly swear or affirm that to the best of my abilities
167310 I will, as a commissioner (alternate com missioner) to a convention
168311 for proposing any amendment to the United States Constit ution,
169312 uphold the Constitution and laws of the United States and the State
170313 of Oklahoma.
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172314 I will abide by my s pecific instructions from the Legislature of
173315 the State of Oklahom a. I will not vote to allow consideration of or
174316 to approve any amendment proposed for ratification to the United
175317 States Constitution that is unre lated to the subject of the approved
176318 call of the convention by Congress.
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178319 I will vote only for convention rules that provide that each
179-state have one equal vote and that a state or commissioner shall not ENR. H. J. R. NO. 1017 Page 5
320+state have one equal vote and that a state or commissioner shall not
180321 be allowed to propose an amendment that is unrelated to the approved
181322 call of the convention. I acknowledge that any violation of this
182323 oath may result in being rec alled by the Legislature of the State of
183324 Oklahoma or its authorized committee."
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185325 THAT an Article V Convention Committee shall be composed of
186326 three members, one appointed by the Speaker of the Oklahoma House of
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187354 Representatives, one appointed by the President Pro Tempore of the
188355 Oklahoma State Senate and one appointed jointly by the Speaker and
189356 President Pro Tempore. A member of the Article V Convent ion
190357 Committee may not be a member of the delegation. The duties of the
191358 Article V Convention Committee and their appointing authority or
192359 authorities include:
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194360 1. Monitoring the delegation to dete rmine if it is following
195361 legislative instructions and obeyin g convention rules;
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197362 2. Advising the delegation on the Legislature's position on
198363 issues before the convention;
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200364 3. Disciplining any commissio ner who violates the oath of
201365 office or instructions or is otherwise guilty of malfeasance or
202366 nonfeasance. Discip line may include recall from the convention,
203367 removal as a commissioner or demotion to the office of alternate
204368 commissioner;
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206369 4. Notifying the convention that a commissioner has been
207370 recalled, removed as a commissioner or demoted to the office of
208371 alternate commissioner; and
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210372 5. Replacing any recalled commissioner.
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212373 THAT commissioners shall vote only for Article V Conven tion
213374 rules consistent with t he following principle s:
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215375 1. The convention is convened under the authority reserved to
216376 the state legislature s of the several states by Article V of the
217377 Constitution of the United States;
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219405 2. The only participants at this conven tion are the several
220406 states represented by their r espective delegations duly select ed in
221407 the manner that their respective legislatures h ave determined;
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223408 3. The scope of the convention's authority is defined by
224-applications adopted by at least two -thirds of the legislatures of ENR. H. J. R. NO. 1017 Page 6
409+applications adopted by at least two -thirds of the legislatures of
225410 the several states, which aut hority is limited to the subject of the
226411 approved call of the convention. The convent ion has no authority to
227412 propose or discuss an amendment on any other subject outside the
228413 approved call of the convention by Congress;
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230414 4. The convention shall provide for disciplining a commissioner
231415 or delegation for exceeding the scope of the convention' s authority
232416 by raising subjects for discussion or debate that lie outside the
233417 convention's authority;
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235418 5. The convention s hall not infringe on the respective state
236419 legislatures' authority to instruct, disc ipline, recall and replace
237420 commissioners; and
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239421 6. All voting at the con vention or in a committee shall be by
240422 state with each state having one vote without apportionment or
241423 division. Each state legislature shall determine t he internal
242424 voting and quorum rul es for casting the vote of its delegation.
243-
244425 THAT the Chief Clerk of the House of Representatives,
245426 immediately after the passage of this resolution, shall prepare and
246427 file one copy thereof with the Secre tary of State and one copy with
247428 the Attorney General an d transmit copies to the President and
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248456 Secretary of the United States S enate and to the Speaker and Clerk
249457 of the United States House of Representatives, to the members of th e
250458 Oklahoma Congressional Del egation, and to the pr esiding officers of
251459 each of the legislative houses in the several states, r equesting
252460 their cooperation.
253- ENR. H. J. R. NO. 1017 Page 7
254-Passed the House of Representatives t he 22nd day of March, 2023.
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259- Presiding Officer of the House
260- of Representatives
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264-Passed the Senate the 20th day of April, 2023.
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269- Presiding Officer of the Senate
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272-OFFICE OF THE GOVERNOR
273-Received by the Office of the Governor this ____________________
274-day of ___________________, 20_______, at _______ o'clock _______ M.
275-By: _________________________________
276-Approved by the Governor of the State of Oklahoma this __ _______
277-day of ___________________, 20 _______, at _______ o'clock _______ M.
278-
279-
280- _________________________________
281- Governor of the State of Oklahoma
282-
283-OFFICE OF THE SECRETARY OF STATE
284-Received by the Office of the Secretary of State this __________
285-day of ___________________, 20_______, at ____ ___ o'clock _______ M.
286-By: _________________________________
287-
461+COMMITTEE REPORT BY: COMMITTEE ON RULES
462+April 13, 2023 - DO PASS