Regular Session 2017-2018 House Resolution 0100 P.N. 1003

PRINTER'S NO. 1003

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

100

Session of

2017

INTRODUCED BY DUSH, CUTLER, GILLEN, GROVE, IRVIN, MASSER AND

MILNE, MARCH 20, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 20, 2017

A CONCURRENT RESOLUTION

Establishing a delegation to a convention for proposing a

balanced budget amendment pursuant to Article V of the

Constitution of the United States, for duties of the General

Assembly and for an Article V Convention Committee.

WHEREAS, The General Assembly finds and declares as follows:

(1) The national debt and mounting deficits are an

existential threat to the solvency, security and prosperity

of the United States.

(2) The states, acting in convention, have equal

authority and responsibility with the Congress of the United

States under Article V of the Constitution of the United

States to propose an amendment to the Constitution of the

United States.

(3) A significant number of states have passed

resolutions applying for a convention to propose a balanced

budget amendment under Article V of the Constitution of the

United States, rendering it appropriate for the Commonwealth

to select and instruct commissioners to a convention called

on or before December 31, 2018; therefore be it

RESOLVED (the Senate concurring), That the General Assembly

establish a delegation to a convention for proposing a balanced

budget amendment; and be it further

RESOLVED, That if a convention for proposing a balanced

budget amendment to the Constitution of the United States is

called by the Congress of the United States under Article V of

the Constitution of the United States on or before December 31,

2018, the General Assembly shall send a delegation to the

convention; and be it further

RESOLVED, That the delegation be comprised and function as

follows:

(1) The delegation shall be comprised of seven

commissioners and seven paired alternates. None of the

commissioners or alternates may be an elected or appointed

official of the Federal Government at the time of election or

any time during the term as a commissioner or alternate.

(2) The delegation shall be selected as follows:

(i) On a day and time jointly determined by the

President pro tempore of the Senate and the Speaker of

the House of Representatives, each house shall meet to

elect commissioners and alternates.

(ii) By a majority vote of the members attending,

each body shall choose three commissioners and an equal

number of paired alternates.

(iii) The President pro tempore of the Senate and

the Speaker of the House of Representatives shall jointly

choose one commissioner and one paired alternate.

(iv) The delegation shall be subject to all

instructions and restrictions provided for in this

resolution.

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(3) After the convention is convened, if a commissioner

is not able to participate in the convention either

permanently or temporarily, the commissioner's respective

alternate shall replace the commissioner for the time the

commissioner is unable to serve. If an alternate is not able

to participate in the convention, the delegation shall choose

a replacement from the remaining alternates.

(4) The delegation shall choose a presiding officer and

organize in a manner it determines is appropriate.

(5) The delegation may represent the General Assembly at

formal and informal planning sessions related to the

convention, including the Nashville Balanced Budget Amendment

Planning Convention that convenes in July of 2017, to conduct

community meetings and hearings throughout this Commonwealth

prior to the convention and to correspond with other state

commissioners and delegations. The delegation and its members

shall at all times adhere to the oath and instructions

provided in this resolution.

(6) The term of office for the delegation shall end

December 31, 2018, or upon the adjournment of a balanced

budget convention, whichever is sooner.

(7) A member of a delegation knowing of a violation of

the oath or other misbehavior by a commissioner shall report

it to the Article V Convention Committee.

(8) Commissioners and alternates shall take the

following oath of office prior to accepting their

appointment:

I do solemnly swear or affirm that, to the best of my

abilities, I will, as a commissioner (alternate

commissioner) to a convention for proposing a balanced

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budget amendment, uphold the Constitution and laws of the

United States and the Commonwealth of Pennsylvania.

I will abide by my instructions from the General

Assembly. I will not discuss or vote to allow

consideration of or to approve an amendment proposed for

ratification to the Constitution of the United States

that is unrelated to the subject of a balanced budget

amendment.

I will vote only for convention rules that provide that

each state have one equal vote, that no state or

commissioner shall be allowed to propose an amendment

that is unrelated to balancing the Federal budget, and

that all but procedural issues be resolved by a simple

majority vote of the states voting on the issue. I

acknowledge that any violation of this oath may result in

my being recalled by the General Assembly or its

authorized committee.

(9) Commissioners shall vote only for convention rules

consistent with the following principles:

(i) The convention is convened under the authority

granted to the state legislatures of the states by

Article V of the Constitution of the United States.

(ii) The only participants at the convention are the

states, represented by their respective delegations duly

selected in a manner as their respective legislatures

have determined.

(iii) The scope of the convention's authority is

defined by applications adopted by at least two-thirds of

the legislatures of the states, which authority is

limited to the subject of a balanced budget amendment.

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The convention has no authority to propose or discuss an

amendment on any other subject.

(iv) 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.

(v) The convention shall not infringe on the

respective state legislatures' authority to instruct,

discipline, recall and replace commissioners.

(vi) A quorum for all sessions of the convention and

for all committee meetings shall be a majority of the

states attending the convention or serving as members of

the relevant committee.

(vii) All voting at the convention or in a committee

shall be by state, with each state having one vote,

without apportionment or division, and each state

legislature shall determine the internal voting and

quorum rules for casting the vote of its delegation.

(viii) A majority vote of the quorum shall prevail

on all issues before the convention and in all committees

for procedural votes that may require a supermajority.

(ix) An affirmative vote not greater than a majority

of the states shall be necessary to propose an amendment;

and be it further

RESOLVED, That the General Assembly shall provide the

delegation with necessary support staff and pay all reasonable

costs of attending the convention and all planning meetings,

community meetings and hearings, subject to available funding;

and be it further

RESOLVED, That an Article V Convention Committee be

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established as follows:

(1) An Article V Convention Committee shall be formed

and comprised of three individuals:

(i) One individual appointed by the President pro

tempore of the Senate.

(ii) One individual appointed by the Speaker of the

House of Representatives.

(iii) One individual appointed jointly by the

President pro tempore of the Senate and the Speaker of

the House of Representatives.

(2) No member of the General Assembly's Article V

Convention Committee may be a member of the delegation.

(3) The duties of the Article V Convention committee

shall include:

(i) Monitoring the delegation to determine if it is

following legislative instructions and obeying convention

rules.

(ii) Advising the delegation on the General

Assembly's position on issues before the convention.

(iii) Disciplining a commissioner who violates the

oath of office or instructions of the General Assembly or

is otherwise guilty of malfeasance or nonfeasance, which

includes recall from the convention or demotion to

alternate delegate.

(iv) Replacing a recalled commissioner.

(v) Notifying the convention that a commissioner has

been recalled or converted to or replaced with an

alternate.

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