An Act to Establish
Maine Legislature, Session 132, LD 1059
Committee Amendment CA_A_H933 (House)
Amends: 3 MRSA §2

COMMITTEE AMENDMENT "/f " to H.P. 688, L.D. 1059, "An Act to Establish
the Process for the Selection of Delegates for a Convention Called Under the United States
Constitution, Article V"
Amend the bill by striking out everything after the enacting clause and insertmg the
following;
'See. 1. 3 MRSA c. 39 is enacted to read:
CHAPTER 39
UNITED STATES CONSTITUTIONAL CONVENTION PROCEDURE
S1021. Definitions
As used in this chapter. unless the context otherwise indicates. the followine terms
have the followine meanings.
1. Advisory committee.^^^^^^^^^"^ of
members selected by each chamber using the process described in this chapter to perform
the duties described in this chapter.
2. Article V convention. "Article V convention" or "convention" means a convention
called pursuant to the United States Constitution. Article V for oronosme amendments to
the United States Constitution.
3. Chamber, "Chamber" means either the Senate or the House of Representatives of
the Leeislature,
4. Commissioner. "Commissioner" means a person selected by res^^^^ of the
Legislature as provided in this chapter to represent the State at an Article V convention.
"CommissiQner" includes an interim commissioner selected by the advisory committee
pursuant to section 1028 to fill a vacancy in the delegation,
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5. Commissionine resolution. ^Commissioning resolution" means a resolution
adopted by both chambers that sets forth the names of the selected commissioners and their
commissions and instructions.
6. Deleeation. "Delegation" means the group of commissioners selected by the
Legislature to attend an Article V convention with the powers and duties described in this
chapter.
§1022. Applicability
This chapter awlies to an Article V convention.
§1023. Oualifications of commissioners
At the time of selection and throuehout an Article V convention, a commissioner must
meetthe foUowingLcriteria.
1. Citizenship. The commissioner must be a United States citizen and have been a
United States citizen for at least 5 years prior to the date of selection,
2. State residency. The commissioner must be a resident of the State and have been
a resident of the State for at least 5 years prior to the date ofselectiQH.
3. Aee. The commissioner must be at least 25 years of_age,
4. Registered voter. The commissioner must be a registered voter in the State,
5. Federal lobbyist restriction. The commissioner may not be registered or required
to be registered as a federal lobbyist or have been registered or required to be registered as
ajederal lobbyistat any time within the 5 years prior to the date of selection.
6. Federal employee restriction. Tbe commissioner may not be a federal emplovee
or contractor and may not have been a federal emploYee or contractor within the 10 years
prior to the date of selection. This restriction does not apply to members of the United
States Armed Forces.
7. Federal official restriction. The commissioner may not have heldAfederal elected
or appointed office at any time within the 10 vears prior to the date of selection.
8. Felony conviction. The commissioner may not have been convicted of a viglatiQn
of a state or federal criminal law involving moral turpitude that is^mnishable _bv
imprisomnent for one year or more,
9. Statewide public office restriction. The commissioner may not hold a statewide
Bubljc office, which includes, but is not limited to, Governor, Secretary of State. Treasurer
of State, State Auditor or Attorney General, while performing the duties of commissioner.
For the ourposes of this subsection, serving as a state Legislator is not considered holding
a statewide public office,
5 §1024. Commissioner selection and removal
6 The followine orovisions apply to commissioner selection^ and removal.
1. Selection and number of commissioners. Five commissioners must be selected
by a resolution passed by a majority ofthose present and voting in a ioint session of the
9 Legislature, At least 2 commissioners must be members of the party holdine the largest
number of seats in the Legislature and at least2 commissioners must be members of the
party holdine the 2nd lareest number of seats in the Legislature. All commissioners must
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be selected by the process described in this subsection except for interim cotnmissioners
who are selected pursuant to section 1028.
2, Recall, suspension and removal of commissioners. A commissioner may be
recalled or removed at any time and for any reason by a joint resolution of the Legislature
or by a majority vote of those present and votine in a joint session of the Legislature. If the
Legislature is not in session, a commissioner may be recalled and suspended from that
commissioner's duties by the advisory committee pursuant to section 1033, pending a vote
of the Legislature to remove the commissioner.
3. Recall or suspension of commissioners by advisonr committee; penalty for
vjolatiQn.^A commissioner must be recalled or suspended by the advisory committee if the
advisory committee determines under section 1033 thatthe commissioner has exceeded the
scope of the commissioner's authority. A commissioner who is determined to have
exceeded the scope of the commissioner's authority commits a Class C crime.
§1025. Commissionine resolution
A commissioning resolution must include, but is not limited to. the followmg
CQmponents^
1. Convention rules; votine restrictions. A commissioner may not:
A. Vote for or otherwise m'omote any change toLthe trMiiioml cowention mle or
decision on the floor and in the committee of the whole that each state has one vote:
B. Vote for or otherwise promote a convention rule that does not require recorded roll
call votes or the electronic equivalent;
C, Propose an amendment with subject matter that is inconsistent with the resQlutions
of the legislatures of the several states that were^ the^basisofcallmgA^ convention. A
BTPposed amendment is not geimane ^ is consistent with the
resolutions of the legislatures of the several states that were the basis of calling the
convention; or
D. Vote in favor of any proposed amendment that would alter the text of the specific
euarantees of individual liberty established by the United States Constitution. mcludmg
the original United States Constitution, the Bill of Rights and the followine
0 amendments: Amendment XCGL Amendment XW, Amendment XV. Amendment XIX.
Amendment XXffl, Amendment XXTV and Amendment XXVI.
2. Scope of authority. The commissionine resolution must clearly state the scope of
the commissioners' authority, which must be limited to:
4 A. The subject matter enumerated in the 34 state applications that trieeered the
5 convention if this State was not one ofthe 2/3 of the states applying for the Article V
convention or the subject matter in this State's aDplication if this State was one of the
2/3 of the states aDplyine for the Article V convention; and
B, Any additional insti-uctions fi'om the Legislature. whether provided in the
commissiomne resolution or issued by the Legislature after the adoption of the
commissionme resolution,
A commissioner exceeds the scope of the commissioner's authority by votmg or otherwise
actjne beyond the authority granted in thecQmmissioner's commission. The Legislature
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may m'ovide additional instructions at any time by a subsequent resolution, a copy of which
the Clerk of the House shall provide to each commissioner and to the advisory committee,
§1026. Oath
Before exercisine any function of the commissioner's position, each commissioner
shall execute the following oath in writine:
"I, ................. Cname'). do swear, that I will support the Constitution of the United
States and of this State. so long as I shall continue a citizen thereof. So help me God. I,
^^., ,,, ,^^,_. .. (name), do swear, that I will faithfully discharee. to the best of my abilities.
the duties incumbent on me as commissioner accordine to the Constitution and laws of the
State. So heto me God."
A commissioner's executed oath must be filed with the Secretary of State.
§1027. Credentials
After a commissioner's executed oath is filed with the Secretary of State pursuant to
section 1026. the Clerk of the House shall provide to the commissioner an official copy of
the executed oath and the commissioning resolution, which together serve as the
commissioner's credentials.
§1028. Vacancies
A commissioner vacancy must be filled by the advisory committee, which shall select
an interim commissioner until such time as a vote by a joint session of the Legislature
selects a permanent replacement,
§1029. Compensation and expenses
Commissioners must be compensated for attending a meeting of the convention as
follows.
1. JVIembers ofLeeisIature. A commissioner who is a member of the Legislature is
entitled to receive per diem and reimbursement of expenses and mileage equal to that
received by a member of the Legislature for attending a sBecial session outside the time
specified for a first regular session or second regular session pursuant to section 2 for
attending a meetine of the convention.
2. Mfembers of public. Except as orovided in subsection 3. a commissioner who is a
member of the public is entitled to receive the same per diem and reimbursement of
expenses and mileage provided to members of the Legislature for attending a meeting of
the convention as provided under subsection 1.
3. Commissioners otherwise compensated. A commissioner who is servine in that
commissioner's capacity as an employee of this State as definedbyTitle 5, section 20.
subsection 1 is not entitled to receive additional compensation for attending meetings of
the convention but is entitled to reimbursement for expenses and mileage,
81030. Emolument and eift prohibition
A commissioner may not accept, during that commissioner's time of service, any gifts
or benefits with a combined value of more than $200 other than from a member of that
commissioner's family and of the kind customarilv granted by a member of one's family.
For the purposes of this section, "gift or benefit" must be construed liberally to include
current and future loans. lodeine, food. offers ofnrosoective employment and other actual
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andjirosBectiye benefits^ An employe decision to contmue Davins; a commissioner's
current salary is not a sift for the purposes of this section.
§1031. Deleeation procedures and standards of behavior
The followine procedures and standards of behavior apply to members of the
delegation.
1. Assigning roles. The commissioners within the delegation shall choose from
among them a commissioner to chair the delegation, a commissioner to cast the State's vote
on the conyentioniloQr and a commissioner to communicate with the media on behalf of
the delegation. If the deleeation so decides, the same commissioner may exercise any 2 or
all 3 roles. The delegation may designate a different commissioner to perform any of the
roles at any time.
2. Avoiding public implications of division. Each commissioner shall take care to
avoid communicatine the impression to any person outside the deleeation that the
delegation is divided on a question on which the deleeation has taken a formal position.
mcludmgjoyt not limited to casting avote.
3. Prohibition on media eneaeement A commissioner other than the commissioner
designated to communicate with the media on behalf of the deleeation may not
communicate with the media about convention business durme the convention or durine
any temporary recess or temporary adjournment of the convention.
4. Violations of conduct by members of deleeation. A commissioner who violates
subsection 2 or 3 may be recalled or suspended by the advisory committee or by the
Legislahire in accordance with this chapter.
5. Presentation of opinions to deleeation. Subsections 2 and 3 may not be constmed
to prevent a commissioner from oresentine that commissioner's opinions to the convention
or debating a matter at the convention on which the delegation has not formally taken a
Bosition,
6. Quorum. A majority of commissioners present and voting at the time the deleeation
is polled constitutes a quorum for decisions by the delegation, includme the desienation of
commissioners for particular duties and the determination of how the State's vote will be
0 cast. A decision may not be made and a vote may not be cast if less than a maiority of the
delegation votes in the poll
7. Rule of decision within deleeation. A quorum being present. a rule of decision
must be a majority of those present and yoting^at the timepfpolUnfi,
§1032. Advisory committee
The jo!!owin^_&roYisions jgoyem the membershipmd conduct of the advisory
committee,
1. Membership; chair. The advisory committee consists of the followme members:
8 a State Senator selected by the President of the Senate; a State Representative selected by
the Speaker of the House; and a member of the Legislature nominated jointly by the
President of the Senate and the Speaker of the House and approved by a majority of those
nresent and votine in each chamber. The advisory committee shall select one of its
members as chair.
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COMMITTEE AMENDMENT "/4 " to H.P. 688, L.D. 1059
2. Advising function. The advisory committee may develoR appropriate procedures
and mechanisms for monitoring the convention and its committees and subcommittees. A
commissioner may request that the advisory committee provide advice as to whether a
prospective action by the commissioner would violate the commissioning resolution or any
subsequent instructions. The advisory committee shalLcommunicate to the commissioner
requestmg such advice a determination within 24 hours of receiving the request. The
advisory committee may communicate the determination by any appropriate means.
3. Staffing. Only upon the approval of the Legislative Council. Legislative Council
staff may provide staffing assistance to the advisory committee. except that Legislative
Council staff support is not authorized when the Legislature is in regular Qr^Decialsession.
S1033. Advisory committee authority
The following provisions govern the exercise of the advisory committee's authority.
1. Notification. If the advisory committee has reason to believe that a commissioner
has exceeded the scope of the commissioner's authority, the advisory committee shall notify
the President of the Senate. the Speaker of the House and the Attorney General.
2. Issuing determination, Ueon a^equestby the President of the Senate, the Speaker
of the House or the Attorney General for a determination on whether a commissioner has
exceeded the scope of the commissioner's authority pursuant to section 1025, sub^ectionJL
the advisory committee shall expedjtiouslvLjnake a determination on whether the
commissioner has exceeded the scope of the commissioner's authority and immediately
communicate the determination to the President of the Senate, the Speaker of the House or
the AttomevJieneral, as applicable.
3. Removal. Upon detenninmg that a commissioner has exceeded the scope of the
commissioner's authority pursuant to this section, the advisory committee shall
immediately remove that commissioner and communicate that action and the reasons for
that action to the President of the Senate, the Speaker of the House, the Attorney General
and the presidme; officers of the convention,
§1034. Interference with commissioner's duties
A person who intentionally or knowinelv bribes, threatens, intunidates^ pr ob^tructs^r
attemBtsto bribe, threaten, intimidate or obstruct a commissioner in the performance of the
commissioner's duties at an Article V convention commits a Class C crime/
Amend the bill by relettering or renumbermg any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
5 This amendment, which is the majority report of the committee, replaces the bill, which
is a concept draft. The amendment establishes a process for the selection and oversight of
7 delegates, referred to in the bill as "commissioners," to a convention under Article V of the
United States Constitution assembled for the purpose of proposing amendments to the
United States Constitution.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/12/26 t-Kt-
LD 1059 LR 1792(02)
An Act to Establish the Process for the Selection of Delegates for a Convention Called Under the
United States Constitution, Article V
Fiscal Note for Bill as Amended by Committee Amendment 'jy"
Committee: State and Local Government
Fiscal Note Required: Yes
Fiscal Note
Legislative Cost
Correctional and Judicial Impact Statements
The additional workload associated with the minimal number of new felony cases filed in the court system does not
require additional funding at this time, The collection of additional fines will increase General Fund or other
dedicated revenue by minor amounts.
Legislative Cost/Study
Legislative and public members selected to serve as commissioners would receive reimbursement of mileage and
expenses, and the special session per diem, as provided under 3 MRSA §2, for their attendance at meetings of the
convention, Actual costs will vary based on the number of commissioners, the number of meetings held and the actual
travel costs of each commissioner. The additional costs of providing staffing assistance to the Advisory Committee
during the interim can be absorbed utilizing existing budgeted staff resources,
Fiscal Detail and Notes
Any additional costs for the expenses of employees of the state to be reimbursed by their own agencies are assumed to
be minor and can be absorbed withing existing budgeted resources,
LR1792(02) - Fiscal Note - Page 1 of 1