Creates procedures for the appointment of commissioners to a convention called under Article V of the U.S. Constitution, the official text

SECOND REGULAR SESSION
                      [TRULY AGREED TO AND FINALLY PASSED]

           SENATE BILL NO. 1119

              103RD GENERAL ASSEMBLY
                               2026

5009S.01T

              AN ACT

To amend chapter 21, RSMo, by adding thereto one new section relating to the appointment and
             duties of commissioners to attend an Article V convention.

Be it enacted by the General Assembly of the State of Missouri, as follows:

1          Section A. Chapter 21, RSMo, is amended by adding thereto

2 one new section, to be known as section 21.950, to read as

3 follows:

1          21.950. 1. When a convention is called to propose

2 amendments to the United States Constitution pursuant to

3 Article V of the United States Constitution, the selection

4 and participation of commissioners from Missouri to such

5 convention shall be governed by this section.

6          2. (1) Missouri shall have a number of commissioners

7 equal to the number of congressional districts in the state

8 at the time with one commissioner from each congressional

9 district and a number of alternate commissioners equal to

10 the number of congressional districts in the state at the

11 time with one alternate commissioner from each congressional

12 district.

13         (2) Commissioners and alternates shall be residents of

14 the state of Missouri and shall otherwise meet the same

15 qualifications necessary to hold office in the Missouri

16 house of representatives. Commissioners and alternates may

17 include persons holding public office, subject to further
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18 limits described below, except that no person shall be

19 eligible who is:

20  (a) A member of the United States House of

21 Representatives or Senate;

22  (b) An employee of the United States;

23  (c) An employee or other representative of a

24 contractor with the United States; or

25  (d) An elected official holding a statewide office.

26 Commissioners and alternates are also subject to those

27 existing ethics rules that apply to members of the general

28 assembly.

29  (3) The house of representatives and senate shall

30 select, by adoption of a concurrent resolution, the

31 commissioners and alternates who meet the eligibility

32 requirements described in this section and who are submitted

33 to the house of representatives and the senate by the joint

34 legislative committee as provided in subsection 4 of this

35 section. Of the commissioners, at least one-third shall not

36 be sitting members of the general assembly. Of the

37 alternate commissioners, at least one-third shall not be

38 sitting members of the general assembly.

39  (4) A majority of the commissioners shall constitute a

40 quorum for all decisions made by the delegation, and no

41 commissioner may give his or her vote by proxy or otherwise

42 to any other commissioner. The commissioners shall select a

43 chair to administer the work of the commissioners.

44  3. (1) Each commissioner and alternate shall, by oath

45 or affirmation as a condition of participating in the

46 convention, agree to faithfully and impartially discharge

47 all the duties incumbent upon a commissioner, including the

48 duty to abide by instructions established by concurrent
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49 resolution of the general assembly for participation in the

50 convention and the duty to act only within the scope of the

51 general assembly's application for the convention if

52 Missouri applied for the convention in which the

53 commissioners are participating. Each commissioner and

54 alternate shall further agree to immediately notify the

55 joint legislative committee if he or she believes that any

56 Missouri commissioner or alternate has violated his or her

57 oath or instructions while participating in the convention.

58  (2) Prior to the Article V convention, the general

59 assembly shall consider "Recommended Commissioner

60 Instructions" presented to it by the joint legislative

61 committee as discussed further in subsection 4 of this

62 section and shall by concurrent resolution provide duly

63 approved instructions to the commissioners and alternates

64 regarding the scope of matters the commissioners may

65 consider and vote on at the convention, including rules of

66 procedure and proposed amendments. Such instructions may be

67 changed by the general assembly prior to or during the

68 convention. These instructions shall include, but shall not

69 be limited to:

70  (a) An instruction that the commissioners shall not

71 support any voting rule other than the rule whereby each

72 state exercises one vote; and

73  (b) An instruction that on all voting matters at the

74 convention, the decision of a simple majority of the

75 Missouri commissioners shall constitute a single vote for

76 the state of Missouri.

77  (3) Any vote cast by a commissioner or alternate at an

78 Article V convention that is outside the scope of any of the

79 following is an unauthorized vote and is therefore void:
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80  (a) The instructions established by any concurrent

81 resolution adopted under this section; or

82  (b) Any limits identified in the Missouri general

83 assembly's application for the convention.

84  4. (1) After or near the time an Article V convention

85 is called, a joint legislative committee shall be duly

86 authorized by the general assembly for the purposes

87 described in this section. The joint legislative committee

88 shall be comprised of five members of the senate appointed

89 by the president pro tempore of the senate, with three

90 members from the majority party and two members from the

91 minority party, and five members of the house of

92 representatives appointed by the speaker of the house of

93 representatives, with three members from the majority party

94 and two members from the minority party, and shall have the

95 initial task of recommending eligible commissioners to the

96 house of representatives and the senate for consideration of

97 appointment as commissioners. The joint legislative

98 committee shall submit at least three persons from each

99 congressional district who are eligible, as provided in this

100 section, to serve as commissioners and at least three

101 different persons from each congressional district who are

102 eligible, as provided in this section, to serve as alternate

103 commissioners. The house of representatives and the senate

104 shall select a commissioner and alternate commissioner from

105 each congressional district from the names submitted by the

106 joint legislative committee. The joint legislative

107 committee shall also be charged with presenting "Recommended

108 Commissioner Instructions" to the full general assembly for

109 consideration leading to a concurrent resolution as

110 discussed in subdivision (2) of subsection 3 of this

111 section. Such commissioner instructions shall define the
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112 scope of matters the commissioners may consider and vote on

113 at the Article V convention, including rules of procedure

114 and proposed amendments as discussed more fully in

115 subsection 3 of this section. All recommendations that

116 secure a simple majority vote of the members present shall

117 be deemed approved "Recommended Commissioner Instructions"

118 to be submitted to the full general assembly for its

119 consideration.

120  (2) After commissioners have been selected, the joint

121 legislative committee may recall any commissioner and revoke

122 such commissioner's authority. However, the joint

123 legislative committee shall recall and revoke the authority

124 only in the event the commissioner casts or attempts to cast

125 an unauthorized vote as described in this section. The

126 joint legislative committee shall also appoint one of the

127 selected alternates to take the place of a commissioner so

128 recalled. The joint legislative committee shall promptly

129 investigate any notice that a commissioner or alternate has

130 cast an unauthorized vote or otherwise exceeded the scope of

131 the general assembly's application for the convention or the

132 general assembly's instructions to the commissioners. The

133 joint legislative committee shall act to ensure that the

134 commissioners remain faithful to the terms of the convention

135 application and the general assembly's instructions. Before

136 or during the Article V convention, the joint legislative

137 committee may advise the commissioners on questions that

138 arise regarding the scope of the convention and the

139 legislative instructions to commissioners.

140  (3) By concurrent resolution, the general assembly may

141 change or supersede any action of the joint legislative

142 committee or recall commissioners or alternates to the

143 convention, or appoint new commissioners or alternates.
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144  (4) The joint legislative committee shall be

145 authorized to conduct its business via telephone or by

146 electronic communication.

147  5. If the provisions of this section conflict with the

148 rules or procedures established by the Article V convention,

149 the general assembly may, by concurrent resolution, conform

150 these provisions to such rules or procedures.

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