2023-2024 Regular Session HR 106 PN 1258 Bill Text (HTM)

PRINTER'S NO. 1258

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

106

Session of

2023

INTRODUCED BY BURNS, KEEFER, SCHMITT, R. MACKENZIE, FINK,

KAUFFMAN, STAMBAUGH, HAMM, M. MACKENZIE, GILLEN, ROAE,

LAWRENCE AND CABELL, MAY 18, 2023

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 18, 2023

A CONCURRENT RESOLUTION

Petitioning the Congress of the United States to call a

Convention for proposing amendments pursuant to Article V of

the Constitution of the United States limited to proposing

amendments that impose fiscal restraints on the Federal

Government, limit the power and jurisdiction of the Federal

Government and limit the terms of office for its officials

and for members of Congress.

WHEREAS, The Founders of the Constitution of Pennsylvania

empowered State legislators to be guardians of liberty against

future abuses of power by the Federal Government; and

WHEREAS, The Federal Government has created a crushing

national debt through improper and imprudent spending; and

WHEREAS, The Federal Government has invaded the legitimate

roles of the states through the manipulative process of Federal

mandates, most of which are unfunded to a great extent; and

WHEREAS, The Federal Government has ceased to operate under a

proper interpretation of the Constitution of the United States;

and

WHEREAS, It is the solemn duty of the states to protect the

liberty of our people, especially for future generations, by

proposing amendments to the Constitution of the United States

through a Convention under Article V for the purpose of

restraining these and related abuses of power; therefore be it

RESOLVED (the Senate concurring), That the General Assembly

of the Commonwealth of Pennsylvania hereby apply to Congress

under the provisions of Article V of the Constitution of the

United States, for the calling of a Convention limited to

proposing amendments to the Constitution of the United States

that impose fiscal restraints on the Federal Government, limit

the power and jurisdiction of the Federal Government and limit

the terms of office for its officials and for members of

Congress; and be it further

RESOLVED, That the General Assembly of the Commonwealth of

Pennsylvania adopt this application expressly subject to the

following reservations, understandings and declarations:

(1) An application to Congress for an Article V

Convention confers no power on Congress other than to perform

a ministerial function to call a Convention.

(2) The ministerial duty under paragraph (1) shall be

performed by Congress only when Article V applications for

substantially the same purpose are received from two-thirds

of the legislatures of the several states.

(3) The power of Congress to call a Convention consists

solely of the authority to name a reasonable time and place

for the initial meeting of the Convention.

(4) Congress possesses no power to name delegates to the

Convention, as this power remains exclusively within the

authority of the legislatures of the several states.

(5) Congress possesses no power to set the number of

delegates to be sent by any state.

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(6) Congress possesses no power to determine any rules

for the Convention.

(7) According to the universal historical precedent of

interstate Conventions in America, states meet under

conditions of equal sovereignty, which means one state, one

vote.

(8) A Convention convened pursuant to this application

is limited to consideration of topics solely specified in

this resolution.

(9) This application is made with the express

understanding that no amendment which in any way seeks to

amend, modify or repeal any provision of the Bill of Rights

of the Constitution of the United States is authorized for

consideration.

(10) The General Assembly of the Commonwealth may

provide further instructions to its delegates.

(11) The General Assembly of the Commonwealth may recall

its delegates at any time for breach of their duties or

violation of their instructions.

(12) Under Article V, Congress may determine whether

proposed amendments shall be ratified by the legislatures of

the several states or by special state ratification

Conventions;

and be it further

RESOLVED, That the General Assembly of the Commonwealth of

Pennsylvania recommend that Congress choose ratification by

state legislatures; and be it further

RESOLVED, That the General Assembly of the Commonwealth of

Pennsylvania appoint five delegates to any Convention called

pursuant to this application in accordance with the following:

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(1) That the Senate shall choose two delegates. The

House of Representatives shall choose two delegates. Each

chamber shall nominate two additional persons to serve as

alternates. The President pro tempore of the Senate and the

Speaker of the House of Representatives shall jointly choose

the fifth delegate from the list of nominated alternates.

(2) That the President pro tempore of the Senate and the

Speaker of the House of Representatives shall each nominate

five persons to serve as delegates. Each legislator may cast

a vote for not more than two persons on their respective

slate. The two candidates getting the most votes are the

Convention delegates appointed by each respective chamber.

The two candidates getting the next highest number of votes

are appointed as alternate delegates.

(3) That neither the Governor nor any current member of

the Congress of the United States nor any sitting judge of

any court be appointed as a delegate of the Commonwealth.

(4) That travel and per diem expenses of each delegate

of the Commonwealth be paid by the Commonwealth on the same

basis as the reimbursement for such costs when members of the

General Assembly travel on official business of the

Commonwealth.

(5) That any delegate or alternate of the Commonwealth

who receives and accepts any item of value, excluding

educational materials, from any person or entity in any

connection with his or her service be immediately

disqualified and shall be replaced by an alternate

immediately.

(6) That each delegate of the Commonwealth take the

following oath on penalty of perjury:

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"I promise to faithfully conduct my duties as a delegate

from Pennsylvania to the Convention. I will obey all

instructions received with my commission. Specifically, I

will not support, but will affirmatively oppose, any proposal

that goes outside the subject matter specified therein. I

further agree to immediately notify the President pro tempore

of the Senate and the Speaker of the House of Representatives

if I believe that any Pennsylvania delegate or alternate

delegate has violated his or her oath or instructions while

participating in the Convention. I realize that I can and

will be immediately removed from my position if I violate

this oath and that I will be required to reimburse the

Commonwealth of Pennsylvania for all expenses paid to me as a

delegate. I realize also that I may be punished for contempt

by the General Assembly for failing to adhere to this oath."

(7) That prior to the Convention, the General Assembly

of the Commonwealth may by concurrent resolution provide

further instructions to the delegates of the Commonwealth

selected pursuant to this section regarding the scope of

matters that they may consider and vote on at the Convention,

including rules of procedure and proposed amendments. Such

instructions may be changed by the General Assembly prior to

or during the course of the Convention. These instructions

may include:

(i) an instruction that the Pennsylvania delegates

may not support any voting rule other than the default

rule whereby each state exercises one vote; and

(ii) an instruction that on all voting matters at

the Convention, the decision of a simple majority of the

delegates of the Commonwealth shall constitute a single

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vote for Pennsylvania.

(8) That after delegates of the Commonwealth have been

selected, the General Assembly of the Commonwealth by

concurrent resolution recall delegates or alternates to the

Convention or appoint new delegates or alternates.

(9) That, if the General Assembly of the Commonwealth is

not in session, delegates of the Commonwealth be suspended

pending a concurrent resolution by a joint legislative

committee duly authorized by the General Assembly for that

purpose. This joint legislative committee shall be authorized

to conduct its business via telephone or other means of real-

time electronic communication.

(10) A delegate who is recalled, disqualified or

otherwise unable to perform his or her duties shall be

immediately replaced by one of the alternates, as directed by

the concurrent resolution or duly authorized joint

legislative committee.

(11) That any vote cast by a delegate of the

Commonwealth or an alternate delegate at an Article V

Convention that is outside the scope of the following be

void:

(i) the instructions established by a concurrent

resolution adopted under this section; and

(ii) the limits placed by the General Assembly of

the Commonwealth in a concurrent resolution that calls

for an Article V Convention for the purpose of proposing

amendments to the Constitution of the United States on

the subjects and amendments that may be considered by the

Article V Convention or, if Pennsylvania was not one of

the states applying for an Article V Convention, the

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limits contained in the narrowest state resolution

applying for the Article V Convention;

and be it further

RESOLVED, That this resolution constitute a continuing

application in accordance with Article V of the Constitution of

the United States until at least two-thirds of the legislatures

of the several states have made application for a Convention on

the same subject; and be it further

RESOLVED, That a certified copy of this resolution be

transmitted by the Secretary of the Commonwealth of Pennsylvania

to the President of the United States Senate, the Speaker of the

United States House of Representatives, each member of Congress

from Pennsylvania and to the presiding officers of each house of

the state legislatures requesting their cooperation in applying

for a Convention limited to the subject matter contemplated by

this application.

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