Resolved by the House of Representatives (the Senate concurring), That the following rules be and are hereby adopted as the Rules of the Legislature for Selecting Commissioners to an Article V Convention:
RULES OF THE LEGISLATURE FOR SELECTING
COMMISSIONERS TO AN ARTICLE V CONVENTION
Applicability.
Rule 1. These rules provide for the selection and oversight of commissioners to represent this state at a convention for proposing amendments held under Article V of the Constitution of the United States.
Qualifications of Commissioners.
Rule 2. (1) At the time of commissioning and throughout the convention, a commissioner or alternate must meet all of the following qualifications:
(a) Must be a United States citizen and have been for not less than five years.
(b) Must be a resident of this state and have been for not less than five years.
(c) Must be not less than 25 years old.
(d) Must be a registered voter in this state.
(e) Must not be registered or required to be registered as a federal lobbyist at any time within the last five years.
(f) Must not currently be a federal employee or contractor, nor have been at any time within the last 10 years. For the purposes of this subsection, “federal employee or contractor” does not include a member of the Armed Forces of the United States.
(g) Must not have held a federal elected or appointed office at any time within the last 10 years.
(h) Must not have had any felony convictions for crimes involving moral turpitude in any jurisdiction, nor any felony convictions for any crime in any jurisdiction within the last 10 years.
(i) Must not hold a statewide office while performing the duties of commissioner or alternate. For the purposes of this subdivision, “statewide office” does not include a member of the Legislature.
(2) A commissioner or alternate who at any time fails to satisfy any of the qualifications established by this rule immediately vacates the commissioner’s or alternate’s office.
Commissioner Selection.
Rule 3. All of the following apply to this state’s delegation to a convention:
(a) Within 21 days after the acceptance by Congress of the 34th resolution calling for a convention, the Speaker of the House of Representatives, the House Minority Leader, the Senate Majority Leader, and the Senate Minority Leader shall each nominate one commissioner and one alternate. Those four nominated commissioners are designated as slots one to four and constitute a committee. The committee shall then nominate a fifth commissioner and alternate.
(b) By not later than 21 days after it is formed, the committee shall nominate the fifth commissioner and alternate. The committee shall decide whether to accept outside nominations and, if applicable, determine the process by which outside nominations are accepted.
(c) The slate of five commissioners and five alternates must be commissioned by a commissioning resolution. The commissioning resolution shall be a concurrent resolution adopted by a majority of the members elected to and serving in each house of the Legislature, with the votes and names of the members voting thereon entered in the journal. All commissioners and all alternates must be commissioned by this process. If the initial slate of nominees is rejected by the Legislature, a new slate must be nominated in the same manner as the initial slate within seven days after the rejection. Any individual on the rejected slate may be nominated on a subsequent slate. The process described in this subsection continues until a slate of commissioners and alternates is commissioned.
Instructions to Commissioners.
Rule 4. (a) The Legislature may provide additional instructions to the commissioners in the commissioning resolution, or at any time by a subsequent concurrent resolution adopted by a majority of the members elected to and serving in each house of the Legislature. If the Legislature provides additional instructions by a subsequent concurrent resolution, the Clerk of the House of Representatives shall provide a copy of that resolution to each commissioner.
(b) Any vote of a commissioner cast at the convention in violation of the Legislature’s instructions is void ab initio and shall have no effect. The chair of the convention shall not consider any such vote in determining how this state’s vote is cast at the convention.
Vacancies.
Rule 5. In the event the seat of any commissioner becomes vacant, that commissioner’s alternate replaces the commissioner as a member of the delegation and a replacement alternate must be nominated and commissioned by the process described in rule 3. A vacant commissioner seat must be filled by that commissioner’s alternate and must not be directly filled by the Legislature. In the event the seat of any alternate becomes vacant, a replacement alternate must be nominated and commissioned by the process described in rule 3. If both the commissioner and alternate seats for a given slot are vacant, a replacement commissioner and alternate must be nominated and commissioned by the process described in rule 3.
Commissioner Removal.
Rule 6. (a) A commissioner or alternate may be removed at any time and for any reason by a concurrent resolution adopted by a majority of the members elected to and serving in each house of the Legislature.
(b) A commissioner who is convicted of exceeding the scope of that commissioner’s authority under section 2 of House Bill No. 5151 (request no. H01892’25) of the 103rd Legislature is automatically removed upon conviction.
(c) If a commissioner or alternate is removed, the seat of that commissioner or alternate becomes vacant, and the vacancy must be filled as provided by rule 5.
Commissioner Suspension.
Rule 7. (a) The Legislature may, by concurrent resolution, make a determination that a commissioner has exceeded that commissioner’s authority and suspend that commissioner.
(b) If a commissioner is suspended, the commissioner’s alternate replaces the commissioner as a member of the delegation for the duration of the suspension. A commissioner suspended under this rule remains suspended pending a vote of the Legislature to either reinstate or remove that commissioner by concurrent resolution.
Oath.
Rule 8. Each commissioner shall, before exercising any function of the position, execute the following oath in writing:
“I do solemnly swear (or affirm) that I accept and will act according to the limits of authority specified in my commission and any present or subsequent instructions. I understand that violating this oath may subject me to penalties provided by law. I understand that I may be recalled or suspended from my duties by the Legislature.”.
Credentials.
Rule 9. A commissioner’s executed oath must be filed with the Secretary of State. After a commissioner’s executed oath is filed with the Secretary of State, the Clerk of the House of Representatives shall provide to the commissioner an official copy of the executed oath and the commissioning resolution, which together shall serve as the commissioner’s credentials.
Compensation and Expenses.
Rule 10. A commissioner shall receive the same compensation as a member of the House of Representatives, prorated for the length of time served as commissioner, and the same allowance for expenses as provided to a member of the House of Representatives. The delegation may hire up to three staff members to assist and accompany the delegation to the convention. The delegation shall determine the compensation of the staff members.
Emolument and Gift Prohibition.
Rule 11. A commissioner shall not accept, during the commissioner’s time of service, any gifts or benefits with a combined value of more than $200.00, other than from a member of the commissioner’s family and of the kind customarily granted by a member of one’s family. The term “gift or benefit” shall be construed liberally to include current and future loans, lodging, food, offers of prospective employment, and other actual and prospective benefits. An employer’s decision to continue paying a commissioner’s current salary shall not be construed to be a gift.
Quorum and Rule of Decision Within the Delegation.
Rule 12. All of the following apply to the members of the delegation:
(a) The delegation shall choose from among its members an individual to serve as chairperson of the delegation, an individual to cast this state’s vote on the convention floor, and an individual to speak to the mass media on behalf of the delegation. The delegation may choose the same individual to exercise any two or all three functions. The delegation may choose a different individual to perform any function at any time.
(b) A majority of the members of the delegation constitute a quorum for transacting business. A vote in favor by three members of the delegation serving is required for any action of the delegation, including choosing an individual to perform certain duties under subsection (a) and determining how this state’s vote is cast at the convention.
Definitions.
Rule 13. As used in these rules:
(a) “Commissioner” means an individual commissioned as a commissioner by the Legislature under rule 3.
(b) “Commissioning resolution” means a resolution adopted by the Legislature commissioning a commissioner or alternate under rule 3.
(c) “Convention” means a convention held under Article V of the Constitution of the United States to propose amendments to the Constitution of the United States.
(d) “Delegation” means the group of commissioners commissioned to represent this state at a convention subject to these rules. ; and be it further
Resolved, That Rule 6(b) of this concurrent resolution does not take effect unless House Bill No. 5151 (request no. H01892’25) of the 103rd Legislature is enacted into law; and be it further
Resolved, That the provisions of this concurrent resolution are severable, and if any provision of this concurrent resolution is found to be invalid or unenforceable, the invalidity or unenforceability does not affect other provisions of this concurrent resolution that can be given effect without the invalid or unenforceable provision, such that those provisions shall remain in force and effect.
Co-sponsored by Reps.
Referred to the Committee on Government Operations
