See other bills
under the
same topic
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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.
20170HR0100PN1003 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
20170HR0100PN1003 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
20170HR0100PN1003 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
20170HR0100PN1003 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
20170HR0100PN1003 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28