the Arizona Balanced Budget Amendment
Planning Convention
Selection by a state of a delegation to attend
the Arizona Balanced Budget Amendment
Planning Convention
For all previous “conventions of the states,” each state legislature determined the size of its delegation, how it will be chosen, and what specific instructions it should follow. The delegation and its individual commissioners are the agents of the legislature.
HCR 2022 passed the Arizona legislature on March 30, 2017. Some legislatures have already gone “sine die” and others have sparse time remaining in their session. As a result, they will not be able to advance and approve a resolution appointing their delegation.
Anticipating this situation, HCR 2022 provides that
“if no manner is determined by a state legislature, (delegations may be) selected jointly by the majority leadership of each legislative chamber of that state,”
Under this circumstance, the appointing authority, “majority leadership of each legislative chamber,” may provide to the delegation specific instructions. The instruction can be similar to the 2nd resolution provided hereafter.
However, if a legislature desires to approve an appointment resolution, there are two options. The first is a simple resolution which does not provide specific instructions to the delegation and a second which does. The detail of instruction is optional for each state.
However, the second option is similar to that which would be approved if a delegation is being chosen for an Article V amendment convention for which specific instructions, oath of office, and method of recall would be part of the delegation selection resolution.
It should be understood that individuals without the proper appointment documents as described above will not be initially seated at the opening of the Arizona convention. The convention itself may approve the credentials after the convention is organized.
The following are two model resolutions. Note that the delegation is comprised of “commissioners” as each will receive a “commission” by the appointing authority to serve as part of the delegation.
Simple Resolution Selecting Commissioners to the
Arizona BBA Planning Convention
Whereas, Article V of the Constitution of the United States provides that upon receipt of applications from two thirds of the legislatures of the several states, Congress shall call a convention of for proposing amendments;
Whereas, it is likely that in the near future two thirds of the state legislatures will have applied for a convention limited to proposing an amendment adding to the Constitution a requirement that the federal government balance its budget;
Whereas, a national convention of the states has not met since 1861 so many are unfamiliar with the process, the Arizona State Legislature has called a preliminary convention of the states to convene September 12, 2017 in Phoenix, Arizona for the exclusive purposes of (a) planning for, and recommending rules and procedures to, a prospective convention for proposing a balanced budget amendment to the United States Constitution; and (b) recommending to Congress the initial date and location of a convention for proposing a balanced budget amendment, which preliminary gathering is hereinafter referred to as the “Arizona BBA Planning Convention;”
Whereas, it is in the interest of the people of the State [Commonwealth] of ____ that the voice of our state [commonwealth] be heard at the Arizona BBA Planning Convention;
Be it resolved by the Senate and the [INSERT NAME OF LOWER CHAMBER] ______ of the State [Commonwealth] of ______ as follows:
Section 1. The legislature accepts the invitation of the Arizona State Legislature to attend the Arizona BBA Planning Convention.
Section 2. The delegation of this state shall be not fewer than three or more than five Commissioners chosen jointly by the Speaker of the House and the (Leader) __________ of the Senate.
OR
Section 2. The delegation of this state shall be comprised of ____ commissioners and ____ alternates, that is, the following commissioners and alternates paired with each:
Commissioners Paired Alternate Commissioners
1) ______________________ ______________________
2) ______________________ ______________________
3) ______________________ ______________________
4) ______________________ ______________________
5) ______________________ ______________________
Section 3. If a commissioner is not able to participate in the Arizona BBA Planning Convention either permanently or temporarily, the commissioner’s respective alternate shall replace the commissioner for the time he or she is unable to serve. Should an alternate so designated not be able to participate, then the delegation shall choose a replacement from the remaining alternates.
Resolution Selecting and Instructing Commissioners to the
Arizona BBA Planning Convention
Whereas, Article V of the Constitution of the United States provides that upon receipt of applications from two thirds of the legislatures of the several states, Congress shall call a convention of for proposing amendments;
Whereas, it is likely that in the near future two thirds of the state legislatures will have applied for a convention limited to proposing an amendment adding to the Constitution a requirement that the federal government balance its budget;
Whereas, a national convention of the states has not met since 1861 so many are unfamiliar with the process, the Arizona State Legislature has called a preliminary convention of the states to convene September 12, 2017 in Phoenix, Arizona for the exclusive purposes of (a) planning for, and recommending rules and procedures to, a prospective convention for proposing a balanced budget amendment to the United States Constitution; and (b) recommending to Congress the initial date and location of a convention for proposing a balanced budget amendment, which preliminary gathering is hereinafter referred to as the “Arizona BBA Planning Convention;”
Whereas, it is in the interest of the people of the State [Commonwealth] of ____ that the voice of our state [commonwealth] be heard at the Arizona BBA Planning Convention;
Be it resolved by the Senate and the [INSERT NAME OF LOWER CHAMBER] ______ of the State [Commonwealth] of ______ as follows:
Section 1. The legislature accepts the invitation of the Arizona State Legislature to attend the Arizona BBA Planning Convention.
Section 2. The delegation of this state shall be comprised of ____ commissioners and ____ alternates, that is, the following commissioners and alternates paired with each:
Commissioners Paired Alternate Commissioners
1) ______________________ ______________________
2) ______________________ ______________________
3) ______________________ ______________________
4) ______________________ ______________________
5) ______________________ ______________________
Section 3. If a commissioner is not able to participate in the Arizona BBA Planning Convention either permanently or temporarily, the commissioner’s respective alternate shall replace the commissioner for the time he or she is unable to serve. Should an alternate so designated not be able to participate, then the delegation shall choose a replacement from the remaining alternates.
Section 4. The Legislature shall provide the delegation necessary support staff and pay all of the costs of attending the convention and reasonable associated costs.
Section 4. The legislature hereby instructs its commissioners and alternates as follows:
(a) Each commissioner and alternate shall take the following Oath of Office prior to accepting his or her appointment:
I do solemnly swear or affirm that to the best of my abilities, as a commissioner [alternate] to the Arizona BBA Planning Convention, I will abide by the Constitution and laws of the United States and the State [Commonwealth] of ______; that I will not discuss or vote to allow consideration of any subject unrelated to the two predefined subjects of the convention; and that I will in all other respects comply with my instructions, whether issued at this time or hereafter. I acknowledge that any violation of this Oath may result in being recalled by the Legislature or its authorized committee.
(b) As soon as convenient, the delegation shall choose its presiding officer and organize in the manner it desires.
(c) In recommending and voting for rules to govern the Arizona BBA Planning Convention and for recommended rules for the convention for a balanced budget amendment, commissioners shall comply with the following principles:
(i) The convention for a balanced budget convention will be convened under the authority granted to the state legislatures of the several states by Article V of the Constitution of the United States;
(ii) The only participants at either convention are the several states represented by their respective delegations, duly selected in such manner as their respective legislatures have determined.
(iii) The scope of the Arizona BBA Planning Convention’s authority is defined the call of the Tennessee General Assembly and the scope of the authority of the convention for a balanced budget amendment is defined by applications adopted by at least two thirds of the legislatures of the several states; and neither convention has any authority to propose or discuss matters outside their respective scopes.
(iv) Each 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) Neither convention shall infringe on state legislatures’ authority to instruct, discipline, recall and replace their commissioners.
(vi) A quorum for all sessions of both conventions and for their committees of the whole shall be a majority of the states attending the convention, and a quorum for all other committee sessions shall be a majority of commissioners serving as members of the relevant committee.
(vii) All voting on the floor of each convention and in the committee of the whole shall be by state with each state having one vote, without apportionment or division. 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 save for procedural votes which may require a supermajority.
(viii) An affirmative vote greater than a majority of the several states shall not be necessary to issue a recommendation or propose an amendment.
(ix) Any member of a delegation knowing of any violation of the oath or other misbehavior by a commissioner shall report it to the legislature or its designated representative.