Bill Text: NJ S3445 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes process for selection, instruction, and oversight of commissioners to Article V convention for proposing amendments to United States Constitution; establishes criminal penalties for certain violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-06-17 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3445 Detail]
Download: New_Jersey-2024-S3445-Introduced.html
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
Establishes process for selection, instruction, and oversight of commissioners to Article V convention for proposing amendments to United States Constitution; establishes criminal penalties for certain violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a process for the selection, instruction, and oversight of commissioners to an Article V convention for proposing amendments to the United States Constitution and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall apply to the selection of delegates to a convention for proposing amendments held under Article V of the United States Constitution.
2. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill):
"Advisory committee" means a committee consisting of members
selected by each chamber using the process established by this act to perform the duties of the committee as defined in this act.
"Chamber" means either the Senate or the General Assembly of this State.
"Commissioner" means a person selected by the Senate and General Assembly through a commissioning resolution as provided by this act to represent this State at an Article V convention for proposing amendments to the United States Constitution.
"Commissioning resolution" means the resolution adopted by the Senate and General Assembly which sets forth the names of the appointed commissioners, their commission, and instructions.
"Delegation" means the group of commissioners and interim commissioners chosen by the Senate and General Assembly to attend an Article V convention with the powers and duties defined in this act.
"Interim commissioner" means a person selected by the advisory committee to fill a vacancy in the delegation.
3. At the time of appointment and throughout the Article V convention, a commissioner shall:
a. be a United States citizen and have been such for at least five years;
b. be a resident of this State and have been such for at least three of the last five years;
c. be at least 25 years old;
d. be a registered voter in this State;
e. not be registered or required to be registered as a federal lobbyist at any time within the last 5 years;
f. not be a federal employee, other than a member of the United States armed forces, or contractor, currently or at any time within the last 10 years;
g. not have held a federal elected or appointed office at any time
within the last 10 years;
h. 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. not hold a Statewide office while performing the duties of commissioner or interim commissioner;
j. be able to attend the convention unencumbered with other responsibilities that could detract from full-time commitment to the responsibilities of the convention, taking into consideration the anticipated duration of the convention; and
k. have relevant subject matter expertise in areas that may include, but may not be limited to, constitutional law, civics, rules of order, American history, political science, political theory, and government.
For the purposes of this section, a position as a State legislator shall not be deemed a "Statewide office."
4. a. Commissioners shall be named by a resolution passed by a majority of those present and voting in a joint session of the legislature. All commissioners shall be appointed by this process.
b. The legislature shall maintain an odd number of commissioners in the delegation.
c. A commissioner or interim commissioner may be recalled and removed at any time and for any reason by a resolution passed by both chambers of the legislature or by a majority of those present and voting in a joint session thereof; and if the legislature is not in session, may be recalled and suspended from their duties by the advisory committee, pending a vote of the legislature.
d. A commissioner or interim commissioner shall be recalled or suspended by the advisory committee pursuant to a determination under section 13 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), that the commissioner has exceeded the scope of the commissioner's authority.
5. a. The resolution naming the commissioners shall include their commission. The commission shall include, but shall not be limited to, the following components:
(1) a commissioner shall not vote for or otherwise promote any change to the traditional convention rule of decision on the floor and in the committee of the whole, to-wit, that each state has one vote; and
(2) a commissioner shall not vote in favor of any proposed amendment that would alter the text of the specific guarantees of individual liberty established by the United States Constitution, including the original constitution, the Bill of Rights, and the following amendments: Thirteenth, Fourteenth, Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and Twenty-Sixth.
b. The commissioning resolution shall clearly state the scope of the commissioners' authority, which shall be limited by:
(1) if this State was not one of the two-thirds of the states applying for the convention, the subject matter enumerated in the 34 state applications that triggered the convention; or
(2) if this State was one of the two-thirds of the states applying for the convention, the subject matter in this State's application; and
(3) any additional instructions from the legislature, whether in the commissioning resolution or issued thereafter.
c. In addition to the commissioning resolution, the Senate and General Assembly shall adopt a resolution to outline the commission's initial statement and charter. The resolution shall specify the overall philosophy, strategy, and guidelines to be followed by the commission, as well as the starting point on the positions, boundaries, and expectations of the Legislature for the convention's outcome. The advisory committee shall put forth the resolution for the Legislature's approval. A commissioner who has been named on the commissioning resolution shall be permitted to withdraw from consideration if the commissioner is unable to uphold the goals established in the resolution of initial statement and charter.
d. The legislature may provide additional instructions at any time via subsequent resolution, a copy of which the Secretary of the Senate or Clerk of the General Assembly shall provide to each commissioner and to the advisory committee.
6. a. 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 or the advisory committee."
b. A commissioner's executed oath shall be filed with the Secretary of State.
7. After a commissioner's executed oath is filed with the Secretary of State, the Secretary of the Senate or Clerk of the General Assembly, as appropriate, 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.
8. Any vacancies in the commission shall be filled by the advisory committee's selection of an interim commissioner until such time as a vote by a joint session of the legislature shall select a permanent replacement.
9. a. A commissioner shall receive the same compensation as a member of the legislature of this State, prorated for length of time served.
b. A commissioner shall be entitled to receive the same allowance for expenses as provided to a member of the legislature of this State.
10. Neither a commissioner nor an interim commissioner shall accept, during the time of service, any gifts or benefits with a combined value of more than $200, other than from an immediate family member 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, offer 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. Once a commissioner has accepted a position as a member of the delegation, such salary shall not be altered until the adjournment of the Article V convention and proposed amendments have been submitted to the states for ratification.
11. a. The commissioners within the delegation, including any interim commissioners filling a vacancy, by majority vote shall choose from among them a person who shall chair the delegation, a person who shall cast the State's vote on the convention floor, and a person to speak to the mass media on behalf of the delegation. If the delegation so decides by majority vote, the same person may exercise any two or all three functions. The delegation by majority vote may designate a different commissioner to perform any function at any time.
b. Each commissioner shall take care to avoid communicating the impression to any person outside the delegation that the delegation is divided on a question on which the delegation has taken a formal position, including but not limited to casting a vote.
c. No commissioner other than the one designated to communicate with the mass media on behalf of the delegation shall communicate with the mass media about convention business during the convention or during any temporary recess or temporary adjournment.
d. A commissioner violating subsection b. or c. of this section may be suspended or recalled by the advisory committee or by the legislature.
e. The provisions of subsections b. and c. of this section shall not be construed to prevent a commissioner from presenting the commissioner's opinions to the convention or debating a matter at the convention on which the commissioner's delegation has not formally taken a position.
f. The quorum for decision by the delegation, including the designation of commissioners for particular duties and the determination of how the State's vote shall be cast, shall be a majority present and voting at the time the delegation is polled. No decisions shall be made and no vote shall be cast if less than a majority of the delegation votes in the poll.
g. The rule of decision for the delegation, a quorum being present, shall be a majority of those present and voting at the time of polling.
12. a. The advisory committee shall consist of the following members:
(1) a member of the Senate appointed by the President of the Senate;
(2) a member of the General Assembly appointed by the Speaker of the General Assembly;
(3) a member of the legislature nominated by joint action of the President of the Senate and the Speaker of the General Assembly and approved by the majority of those voting in each chamber.
b. The advisory committee shall select one of its members as chair.
c. A commissioner may request that the advisory committee advise the commissioner as to whether a prospective action by the commissioner would violate the commissioning resolution or any subsequent instructions.
d. The advisory committee shall:
(1) communicate to the commissioner requesting advice pursuant to subsection c. of this section a determination within 24 hours of receiving the request;
(2) communicate the committee's determination pursuant to paragraph (1) of this subsection by any appropriate medium; and
(3) have authority to hire staff and develop appropriate procedures and mechanisms for monitoring the convention, its committees, and subcommittees.
13. a. Whenever the advisory committee has reason to believe that
a commissioner or interim commissioner has exceeded the scope of the commissioner's authority, the committee shall notify the President of the Senate, the Speaker of the General Assembly, and the Attorney General.
b. Upon the request for a determination by the President of the Senate, the Speaker of the General Assembly, or the Attorney General on whether a commissioner or interim commissioner has exceeded the scope of the commissioner's authority, the advisory committee shall issue a determination on whether the commissioner or interim commissioner exceeded the commissioner's authority. The determination shall be expeditiously made and immediately communicated to the person requesting it.
c. Upon determining that a commissioner or interim commissioner has exceeded the scope of the commissioner's authority pursuant to subsections a. or b. of this section, the advisory committee shall immediately exercise its authority under section 4 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), to recall or suspend said commissioner, and shall communicate said action and the reasons therefor to the President of the Senate, Speaker of the General Assembly, the Attorney General, and the presiding officers of the convention.
14. a. A commissioner or interim commissioner to a convention for proposing amendments held under Article V of the United States Constitution pursuant to this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall not exceed the scope of the commissioner's authority when acting as a commissioner or interim commissioner. A commissioner or interim commissioner exceeds the scope of the commissioner's authority by voting or otherwise acting beyond the authority granted to the commission, as altered by any duly-issued subsequent instructions provided before the vote or other action.
b. A commissioner or interim commissioner who exceeds the scope of the commissioner's authority shall be guilty of a crime of the third degree.
15. Any individual who, while not being privileged by law, knowingly bribes, threatens, intimidates or obstructs a commissioner, interim commissioner, or a person representing another state in the capacity of a commissioner or interim commissioner at a convention held in this State, in the performance of the commissioner's duties, or attempts to do so, shall be guilty of a crime of the third degree.
16. This act shall take effect immediately.
STATEMENT
This bill establishes a process for the selection, instruction, and oversight of commissioners to an Article V convention for proposing amendments to the United States Constitution, and establishes criminal penalties for certain violations.
Under the bill, an odd number of commissioners would be named as this State's delegates to an Article V convention by a resolution passed by the State legislature, by a majority of those legislators present and voting in a joint session. To be eligible for selection and service as a commissioner, a person would be required to be: a United States citizen and have been such for at least 5 years; a resident of this State and have been such for at least 3 of the last 5 years; at least 25 years old; a registered voter in this State; not registered or required to be registered as a federal lobbyist at any time within the last 5 years; not a federal employee, other than a member of the United States armed forces, or contractor, currently or at any time within the last 10 years; not a federal elected or appointed officer at any time within the last 10 years; not a convicted felon for crimes involving moral turpitude in any jurisdiction, nor for any crime in any jurisdiction within the last 10 years; not a Statewide office while performing the duties of commissioner or interim commissioner; able to attend the convention unencumbered with other responsibilities that could detract from full-time commitment to the responsibilities of the convention, taking into consideration the anticipated duration of the convention; and have relevant subject matter expertise in areas that may include, but may not be limited to, constitutional law, civics, rules of order, American history, political science, political theory, and government. A position as a State legislator would not be deemed a "Statewide office."
The bill provides for a commissioner to receive the same compensation as a member of the legislature of this State, prorated for length of time served, and the same allowance for expenses. The bill prohibits a commissioner or interim commissioner from accepting, during the time of service, any gifts or benefits with a combined value of more than $200, other than from an immediate family member and of the kind customarily granted by a member of one's family. The term "gift or benefit" would be construed liberally to include current and future loans, lodging, food, offer of prospective employment, and other actual and prospective benefits. An employer's decision to continue paying a commissioner's current salary would not be construed to be a gift. However, such salary would not be altered until the adjournment of the Article V convention and proposed amendments have been submitted to the states for ratification.
The bill provides that the resolution naming the commissioners and their commission would prohibit a commissioner from voting for or otherwise promoting any change to the traditional convention rule of decision on the floor and in the committee of the whole, to-wit, that each state has one vote. A commissioner would also be prohibited from voting in favor of any proposed amendment that would alter the text of the specific guarantees of individual liberty established by the United States Constitution, including the original constitution, the Bill of Rights, and the following amendments: Thirteenth, Fourteenth, Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and Twenty-Sixth. The commissioning resolution would be required to clearly state the scope of the commissioners' authority, which would be limited by: (1) if this State was not one of the two-thirds of the states applying for the convention, the subject matter enumerated in the 34 state applications that triggered the convention; or (2) if this State was one of the two-thirds of the states applying for the convention, the subject matter in this State's application; and (3) any additional instructions from the legislature, whether in the commissioning resolution or issued thereafter. The bill allows the legislature to provide additional instructions at any time via subsequent resolution. In addition to the commissioning resolution, the Senate and General Assembly would adopt a resolution to outline the commission's initial statement and charter. The advisory committee would put forth the resolution for the Legislature's approval. A commissioner who has been named on the commissioning resolution would be permitted to withdraw from consideration if the commissioner is unable to uphold the goals established in the resolution of initial statement and charter.
The bill also establishes a three-member advisory committee composed of a member of the Senate appointed by the President of the Senate; a member of the General Assembly appointed by the Speaker of the General Assembly; and a member of the legislature nominated by joint action of the President of the Senate and the Speaker of the General Assembly and approved by the majority of those voting in each chamber. The advisory committee has the responsibility to determine whether a prospective or actual action by a commissioner would violate or violates the commissioning resolution or any subsequent instruction. Upon determining that a commissioner or interim commissioner has exceeded the scope of the commissioner's authority, the advisory committee would be required to recall or suspend said commissioner, and would communicate said action and the reasons therefor to the President of the Senate, Speaker of the General Assembly, the Attorney General, and the presiding officers of the convention. Under the bill, the legislature is empowered to remove said commissioner and appoint an interim commissioner to fill the vacancy.
The bill establishes criminal penalties for certain violations. Under the bill, a commissioner or interim commissioner who exceeds the scope of the commissioner's authority would be guilty of a crime of the third degree. In addition, any individual who, while not being privileged by law, knowingly bribes, threatens, intimidates or obstructs a commissioner, interim commissioner, or a person representing another state in the capacity of a commissioner or interim commissioner at a convention held in this State, in the performance of the commissioner's duties, or attempts to do so, would be guilty of a crime of the third degree.
