SB 1567

This bill revises various provisions of present law concerning Article V conventions. Generally, an Article V convention is a convention called by congress upon application of 2/3 of the state legislatures to propose amendments to the federal constitutio n. DELEGATES AND COMMISSIONERS If an Article V convention is called, present law requires the general assembly to appoint the number of delegates allocated to represent this state and an equal number of alternate delegates. This bill changes the title of persons who represent the sta te at an Article V convention from "delegate"" to ""commissioner"". QUALIFICATIONS Under present law, a delegate must: (1) Be a resident of this state for at least one full year immediately prior to the appointment; (2) Be a registered voter in this state; (3) Be at least 18; (4) Not be a lobbyist under Tennessee or federal law; and (5) Not hold a federal elected or appointed office. This bill changes the qualifications so that a commissioner must: (1) Be a U.S. citizen for at least five years; (2) Be a resident of this state for at least five years; (3) Be at least 25; (4) Be a registered voter in this state; (5) Not be a lobbyist under Tennessee or federal law at any time within the last five years; (6) Not be a federal employee, other than a member of the U.S. armed forces, or contractor, nor have been such an employee or contractor at any time within the last 10 years; (7) Not have held a federal elected or appointed office at any time within the last 10 years; (8) Not have had any felony convictions for crimes involving moral turpitude, nor any felony conviction within the last 10 years; and (9) Not hold a statewide office while performing the duties of commissioner or alternate commissioner. SELECTION AND REMOVAL OF COMMISSIONERS Under present law, delegates and alternates must receive, in each house of the general assembly, a 2/3 vote of all the members to which such house is entitled. Under this bill, commissioners and alternates must be named by a joint resolution passed by a 2/3 vote of those present and voting in a joint session of the general assembly. This bill specifies that a commissioner or alternate may be suspended, recalled, or removed at any time and for any reason by a joint resolution of the general assembly or by a majority legislators present and voting in a joint session. This bill also a uthorizes the advisory committee, described below, to suspend, recall, or remove a commissioner or alternate. COMMISSIONING RESOLUTION/VOTING Under present law, at the time delegates and alternates are elected, the general assembly must adopt a joint resolution to establish procedural rules and address other matters determined necessary by the general assembly. If a delegate attempts to vote contrary to the joint resolution, then the alternate replaces the delegate. If all delegates and alternates attempt to vote contrary to the joint resolution, then the general assembly's joint resolution calling for an Article V convention is void. The s am e process of replacing a delegate with an alternate or voiding the call applies in the case of attempts to vote contrary to any limits placed in the general assembly's joint resolution calling for an Article V convention. This bill requires the adoption of a commissioning resolution that names the appointed commissioners and alternates, and specifies various parameters on voting and subjects for consideration by the commissioners. FISCAL MATTERS This bill adds a prohibition against incurring costs related to an Article V convention, except for the costs of any special session to consider whether to participate in an Article V convention, until the general assembly passes a resolution agreeing to participate in such convention. This bill adds a requirement that the joint resolution agreeing to participate in the Article V convention and any additional joint resolutions related to that participation request a specific appropriation for all expend it ures related to each such joint resolution. Under present law, delegates and alternate delegates are not compensated but are eligible for reimbursement for expenses and mileage. This bill, instead, requires that a commissioner receive the same compensation as a member of the house of representati ves, prorated for length of time served. This bill also provides that a commissioner is entitled to receive the same per diem and allowance for expenses and mileage as provided to a member of the house of representatives. MISCELLANEOUS Present law generally requires that delegates and alternates execute an oath to support the constitution, abide by the general assembly's instructions, and faithfully discharge their duties. This bill adds to the provisions of the oath. This bill adds procedural and organizational requirements, such as electing a chair to cast votes and address the media, and quorum requirements. This bill prohibits commissioners from running for senator, representative, or governor if the primary or general election date for which they are seeking office occurs within four years following the permanent adjournment of an Article V convention. This bill prohibits a commissioner or an alternate from accepting, during such person's time of service, any gifts or benefits with a combined value of more than $200, other than from a family member. After a commissioner's executed oath is filed with the secretary of state, this bill requires the clerk of the house of representatives to provide to the commissioner an official copy of the executed oath and the commissioning resolution, which together serves as the commissioner's credentials. This bill adds a requirement for the appointment of an odd number of commissioners and alternates. ADVISORY COMMITTEE This bill requires the establishment of a three-member Article V convention advisory committee, to consist of one legislator from each chamber appointed by their respective speaker and one legislator nominated by both speakers and approved by each chambe r. Generally, the advisory committee will issue advisory opinions to commissioners and monitor the conduct of commissioners and alternates for the purpose of removing those who exceed their authority. PENALTIES Under present law, it is a Class E felony for a delegate or alternate to knowingly or intentionally vote or attempt to vote outside the scope of: (1) The instructions established by a joint resolution adopted by the general assembly; or (2) The limits placed by the general assembly in a joint resolution that calls for an Article V convention on the subjects and amendments that may be considered by the convention. This bill adds that it is a Class E felony for a commissioner to knowingly or intentionally vote or attempt to vote outside the scope or in violation of the commissioner's oath of office, or further instructions established by the general assembly. ON MARCH 5, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1567, AS AMENDED. AMENDMENT #1 eliminates the prohibition on commissioners running for senator, representative, or governor after accepting a commission to attend an Article V convention."