Regular Session 2017-2018 House Resolution 0011 P.N. 0273

PRINTER'S NO. 273

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

Session of

2017

INTRODUCED BY DUSH, GROVE AND REESE, FEBRUARY 2, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 2017

A CONCURRENT RESOLUTION

Establishing a delegation to represent the Commonwealth at the

Amendment Convention pursuant to Article V of the

Constitution of the United States entitled the Article V

Amendment Convention and limited to proposing an amendment to

the Constitution of the United States to grant State

Legislatures authority to countermand and rescind any mandate

issued by any Branch of the Federal Government or their

agencies that encroach on states' rights and the personal

liberties of their citizens.

WHEREAS, The General Assembly has applied under the authority

of Article V of the Constitution of the United States to call an

Article V Amendment Convention to amend the Constitution of the

United States to include a countermand amendment that authorizes

the states, upon a vote of three-fifths of the state

legislatures, to nullify and repeal a Federal statute, executive

order, judicial decision, regulatory decision by a Federal

Government agency or other government or nongovernment mandate

imposed on the states; and

WHEREAS, To prepare for the Article V Amendment Convention,

the General Assembly finds it necessary to provide for the

following:

(1) a selection process for delegates to the convention;

(2) the duties of delegates and alternates;

(3) a state convention delegation chair; and

(4) the specific language of the countermand amendment

on which the legislature authorizes the convention delegates

to vote, so that the countermand amendment may be sent to the

states for ratification by the legislatures of three-fourths

of the several states;

and

WHEREAS, The delegates sent by the legislature to the Article

V Amendment Convention are representatives of the legislature

and are thus required to fulfill the commission assigned to them

in this resolution; and

WHEREAS, Any action taken by a delegate that is not

authorized in this resolution, or as amended and authorized by

the legislature, is ultra vires and may not be relied upon by

delegates from other states or by the convention; and

WHEREAS, The legislature hereby defines the duties and limits

the authority of its delegates to the convention as specifically

provided by this resolution; therefore be it

RESOLVED (the Senate concurring), That the General Assembly

authorize delegates to be summoned and appointed to participate

at the Article V Amendment Convention according to the terms and

conditions set forth in this resolution; and be it further

RESOLVED, That the General Assembly determine the number and

qualifications of the delegates to be sent to the convention

after the Congress of the United States summons delegates to the

convention; and be it further

RESOLVED, That the General Assembly add to the number of

delegates or replace or remove any delegate or alternate if, in

its sole discretion, that action is necessary; and be it further

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RESOLVED, That alternates not have an official role at the

convention and may attend the convention only if the delegations

of the states at the convention vote to allow their attendance

or the legislature appoints an alternate to take the place of a

delegate; and be it further

RESOLVED, That the General Assembly authorize the State's

delegates to the convention to vote to send the proposed

countermand amendment, as set forth in this resolution, back to

the states for ratification by way of the Congress of the United

States; and be it further

RESOLVED, That delegates be prohibited from voting in favor

of any alternate amendment or modified version of the

countermand amendment set forth in this resolution that might be

introduced at the convention and be instructed to secure a vote

that approves sending the countermand amendment back to the

states for ratification; and be it further

RESOLVED, That upon the enactment of this resolution and

after a total of 34 states have applied for a convention, the

President pro tempore of the Senate appoint three members of the

Senate, with one member being from the minority caucus, to a

legislative Delegate Credential Committee, and the Speaker of

the House of Representatives appoint three members of the House

of Representatives, with one member being from the minority

caucus, who shall have the responsibility and requisite

authority to perform each of its assigned duties described in

this resolution; and be it further

RESOLVED, That a vacancy on the Delegate Credential Committee

be filled in the manner of the original appointment; and be it

further

RESOLVED, That members of the Senate on the Delegate

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Credential Committee shall select one cochair from among their

number and the members of the House of Representatives on the

Delegate Credential Committee select one cochair from among

their number, and the cochairs assign staff to provide support

for the Delegate Credential Committee; and be it further

RESOLVED, That the Delegate Credential Committee meet during

and between legislative sessions; and be it further

RESOLVED, That a member of the Delegate Credential Committee

be replaced or removed by the presiding officer that appointed

the member if the presiding officer deems the action necessary;

and be it further

RESOLVED, That each member of the committee be required to

take the following oath, administered by the presiding officer

of the Senate or the House of Representatives, and sign a pledge

confirming that the following oath has been taken and agreed to:

"I pledge to follow the instructions and charges in this

resolution and any other directives given to me by the

Pennsylvania General Assembly from the date I am appointed to

the committee and during the full term of the convention, to

the best of my abilities, so help me God";

and be it further

RESOLVED, That the members of the Delegate Credential

Committee follow the directives in this resolution, including

any supplemental instructions from the General Assembly; and be

it further

RESOLVED, That the committee have the following duties:

(1) decide all matters by a vote of a majority of the

full membership of the committee;

(2) function as the official facilitator for the General

Assembly as required in this resolution;

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(3) appoint delegates, subject to approval by the

General Assembly, to the convention and, within 10 business

days after appointment, provide a committee report of each

appointment to the Secretary of the Senate and the Chief

Clerk of the House of Representatives;

(4) appoint one delegate to serve as the chair of

delegation and another delegate as the assistant chair;

(5) issue to each approved delegate and alternate,

including the chair and assistant chair, certification that

the delegate has met or performed all of the following:

(i) met the qualifications established by the

General Assembly;

(ii) taken the applicable oath set forth in this

resolution; and

(iii) confirmed the delegate's oath by signing a

separate pledge document;

(6) issue to each certified delegate and alternate,

including the chair and assistant chair, a convention pass to

the convention;

(7) notify the legislature of the financial or other

needs of the delegation;

(8) administer the following oaths to the delegates,

alternate candidates, chair and assistant chair before

issuing certifications:

(i) Delegates' and delegate alternates' oath:

"I pledge to follow the instructions in this

delegate resolution and any other directive

consistent with this delegate resolution given to me

by the Delegate Credential Committee or the

legislature, whether such directive is given to me

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directly or indirectly, from the time I am certified

by the committee to be a delegate or alternate and

during the full term of the Article V Amendment

Convention, to the best of my abilities, so help me

God."

(ii) Oath for the chair and assistant chair of the

delegation oaths:

"I pledge to follow the instructions in this

delegate resolution and any other directive

consistent with this delegate resolution given to me

by the Delegate Credential Committee or the

legislature, whether given to me directly or

indirectly, from the time I am certified by the

committee to be the chair or assistant chair of

Pennsylvania's State delegation and during the full

term of the Article V Amendment Convention, to the

best of my abilities, so help me God";

(9) monitor the activities of the delegation;

(10) maintain close communications with the chair and

assistant chair and provide assistance when requested;

(11) monitor the activities, deliberations and all votes

by the states at the convention and, when possible, inform

the chair, assistant chair and legislature which states at

the convention have enacted a similar resolution for their

delegates;

(12) issue reports, at least quarterly or more

frequently if necessary, to the General Assembly regarding

the events at the convention, upcoming events and progress

and prospects for ratification of the countermand amendment

by the delegations;

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(13) make recommendations to the legislature on actions

needed to ensure the favorable vote by the state delegations

to send the countermand amendment, as set forth in this

resolution, to the states for ratification; and

(14) recommend to the legislature removal of a delegate

or alternate from all convention activities for a violation

of the provisions of this resolution and make recommendations

regarding whether the delegate should have the delegate's

credentials invalidated, the recommendation of which must be

approved by the General Assembly;

and be it further

RESOLVED, That the chair of the delegation join with other

state delegations to open the convention for business,

identifying other state legislatures that have approved a

delegate resolution for their delegates, and work with those

delegations to find agreement on each of the following:

(1) arrange to have at least one delegate from each

state's delegation be the spokesman at every business meeting

and roll call at the convention;

(2) distribute to all delegates a pocket-sized copy of

the Constitution of the United States;

(3) instruct resolution and nonresolution state

delegates of the mandate in Article IV, Section 4 of the

Constitution of the United States that guarantees to each

state a republican form of government, which gives each state

equal standing when applying for a convention and when voting

at and organizing the convention;

(4) work closely with the chairs of all other state

delegations to find mutual agreement on the objectives in

this resolution;

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(5) build a consensus of at least 26 state delegations,

especially resolution delegations, at the convention to do

the following:

(i) require that each state delegation at the

convention have only one vote regardless of the number of

delegates in a state delegation or the population of a

state as provided by Article IV, Section 4 of the

Constitution of the United States;

(ii) require a simple majority vote at all roll

calls to decide any and all matters brought before the

convention, including the question of whether the

countermand amendment should be sent to the states for

ratification;

(iii) nominate and install convention officials who

come from states that have passed this resolution for

their delegates and who agree with sending the

countermand amendment to the states for ratification;

(iv) require a quorum of 26 state delegations before

business can be conducted and before a vote can be taken

to decide any and all matters that may be presented at

the convention;

(v) build a consensus of at least 26 state

delegations to work together for the mutual goal of

sending the countermand amendment to the states for

ratification;

(vi) work to conclude convention business within 21

days, and in no case more than 180 days, unless the

convention votes to extend the termination date by 180

days, after which no further extensions are to be

allowed;

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(vii) if possible, nominate a candidate to be

president of the convention who comes from the delegation

of this Commonwealth;

(viii) if necessary, call for a vote for a candidate

to be president who shares the goals of the delegation of

this Commonwealth and comes from a state that has enacted

this resolution, whether or not the chair nominated the

candidate to be president;

(ix) try to avoid the nomination and election of a

president who comes from a state that did not pass this

resolution; and

(x) support establishing the following duties of the

president:

(A) to secure a vote from state delegations

requiring that this resolution be the rules of order

at the convention, while Robert's Rules of Order may

be adopted if they do not conflict with this

resolution;

(B) to follow the terms, directives and

requirements in this resolution;

delegation to appoint one delegate to be the

delegation's spokesman;

(D) to stay focused on the primary purpose,

which is to have the countermand amendment be sent to

the states for ratification;

(E) to recommend and request security measures

as may be needed at the convention;

(F) to officiate at the nomination and install

all officers at the convention;

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(G) to establish the agenda at the convention as

described in this resolution;

(H) to provide equal time in floor discussions

for all states, whether for or against sending the

countermand amendment to the states for ratification;

(I) to prohibit the introduction at the

convention of any subject matter or issue other than

matters relating to the countermand amendment and

whether it should be sent to the states for

ratification;

(J) to expedite deliberations by the state

delegations and to prevent unnecessary delays;

(K) to authorize appropriate roll calls at the

convention;

(L) to settle all disputes between state

delegations and delegates, whether or not they are

from a resolution state;

(M) to recommend removal of the convention

credentials of any delegate, including convention

officials, for causing security problems at the

convention;

(N) to establish procedures for installing and

recognizing alternates who are to become delegates;

(O) to call for a vote at the earliest favorable

time to approve sending the countermand amendment to

the states for ratification;

(P) to call for a vote to decide which method of

ratification the convention recommends to the

Congress of the United States, whether by state

legislatures or state conventions;

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(Q) recommend to the convention that

ratification be by state legislatures and that

resolution delegations be required to vote for

ratification through state legislatures;

(R) to report the decisions of the convention to

the Congress of the United States, each state

legislature and the media;

(S) to recommend formal requests, from time to

time, to the state legislatures, through

representatives in the 50 state delegations, for

money that will be needed to carry on the business of

the convention;

(T) if a candidate for president of the

convention who does not come from a state that has

adopted this resolution wins the presidency, it is

the duty of the chair and the delegates in the

delegation of this Commonwealth to take reasonable

steps to argue for a favorable vote by the convention

to send the countermand amendment to the states for

ratification;

(U) to follow the procedures in this resolution

for electing other officers as the convention

considers necessary, the president of the convention

to be responsible for defining the duties of each

office in accordance with the requirements of this

resolution;

(V) to oppose and vote against any efforts by

state delegations to delay a vote for the countermand

amendment or modify, alter or change the text of the

countermand amendment;

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(W) to oppose and vote against any effort by a

state delegation to offer any other amendment to the

constitution at the convention other than the

countermand amendment; and

(6) make regular reports to the committee regarding all

activities at the convention;

and be it further

RESOLVED, That the delegates be required to follow the

directives in this resolution and others that may, from time to

time, be issued by the General Assembly, and each delegate is

charged with the following duties:

(1) comply with directives made under this resolution;

(2) follow the reasonable instructions of the chair and

assistant chair of the delegation that are consistent with

the duties set out in this resolution;

(3) be amenable to the advice of the president of the

convention when the president is from a resolution state, and

if the president is from a nonresolution state, work closely

with the chair to find resolutions that are consistent with

this resolution;

(4) work to advance all the requirements and directives

in this resolution;

(5) be subject to dismissal from the delegation for

violation of this resolution;

(6) comply with this resolution's directive to vote at

all state delegation roll calls consistent with directions

given to the chair in this resolution, which include sending

the countermand amendment to the states for ratification;

(7) attend all assigned business sessions at the

convention;

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(8) help the chair to successfully complete the

instructions in this resolution; and

(9) attend all meetings scheduled by the chair and do

all of the following:

(i) report to the chair the results of the

delegate's work with other state delegates;

(ii) assess and report to the chair the number of

states that plan to vote in favor of the countermand

amendment;

(iii) assess and report to the chair any problems or

opportunities that may have developed or might develop

relating to the purposes of this resolution; and

(iv) recommend to the chair other strategies that

may help join with at least 26 other states to vote

favorably for the countermand amendment at the

convention;

and be it further

RESOLVED, That the alternates of the delegation be required

to follow the directives in this resolution and others that may

be issued by the legislature, and each alternate shall:

(1) be prepared to serve as a delegate if directed to do

so by the committee or General Assembly; and

(2) fulfill the duties required by this resolution when

appointed as a delegate;

and be it further

RESOLVED, That the text of the countermand amendment that is

to be sent to the legislature of each state for ratification

read as follows:

Amendment XXVIII

Section 1. This amendment restores state sovereignty in our

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constitutional republic by providing state legislatures

countermand authority.

Section 2. State legislatures in the several states shall

have the authority to countermand and rescind any

congressional statute, judicial decision, executive order,

treaty, government agency's regulatory ruling or any other

government or nongovernment mandate that, in the opinion of

60% of state legislatures, adversely affects their states'

interests. When the countermand threshold has been reached,

the law or ruling shall be immediately and automatically

nullified and repealed. This countermand authority shall also

apply to existing laws and rulings.

Section 3. From the time an initial countermand is issued by

a state legislature, the other legislatures shall have 18

months to complete the countermand process. If the

countermand process is not completed in 18 months, then the

law or ruling that is being challenged shall remain

enforceable.

Section 4. Each state legislature must complete the

countermand affidavit and deliver a certified copy to the

President of the United States, the Chief Justice of the

United States Supreme Court, the Leader of the United States

Senate, the Speaker of the House of Representatives and, when

applicable, the government agency or body that issued the

statute, ruling or regulation in question.

Section 5. Any elected or nonelected government official, or

any nongovernment individual or organization, who

intentionally obstructs or prevents the implementation of any

provision in this amendment shall have committed a criminal

offense and shall be subject to impeachment, when applicable,

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and criminal prosecution punishable by imprisonment for up to

five years if convicted.

Section 6. Individual states shall have authority to

prosecute violators of this amendment under state laws in the

absence of Federal prosecution after 90 days from the date of

the alleged violation. Multiple prosecutions by multiple

states for the same alleged crime are prohibited.

Section 7. The amendment shall be immediately part of the

Constitution of the United States upon ratification by three-

fourths of the legislatures of the several states.

Section 8. The provisions of this amendment are enforceable

within the United States, which shall include the several

states, the District of Columbia, the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands and

the territories and possessions of the United States.

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