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State f/Jetvne8see
PUBLIC CHAPTER NO. 689
SENATE BILL NO. 1567
By Roberts, Johnson, Lowe
Substituted for: House Bill No. 1499
By Reedy, McCalmon, Lamberth, Russell, Tim Hicks, Kumar, Cepicky, Powers, Atchley, Sherrell,
Reneau, Hurt, Keisling, Littleton, Sparks, Warner, Crawford, Wright, Slater, Greg Martin, Bricken,
Doggett, Eldridge, Raper, Garringer, Bulso
AN ACT to amend Tennessee Code Annotated, Title 3, Chapter 18, relative to Article V conventions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 18, is amended by deleting the
chapter and substituting:
3-18-101. Application of chapter.
. This chapter applies to a convention for proposing amendments held under Article V
of the United States Constitution.
3-18-102. Chapter definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Advisory committee" means the Article V convention advisory committee
created pursuant to,§ 3-18-113;
(2) "Alternate commissioner" means a person elected as an alternate
commissioner of a paired commissioner pursuant to§ 3-18-105;
(3) "Article V convention" or "convention" means a convention for proposing
amendments to the United States Constitution called for by the states under Article V
of the United States Constitution;
(4) "Commissioner" means a person selected by resolution of the general
assembly as a commissioner or alternate commissioner pursuant to § 3-18-105;
(5) "Commissioning resolution" means the resolution adopted by the senate
and house of representatives of the general assembly that sets forth the names of the
appointed commissioners and their commissions and instructions;
(6) "Delegation" means the group of commissioners and alternate
commissioners chosen by the general assembly to attend an Article V convention
with the powers and duties defined in this chapter;
(7) "House of representatives" means the house of representatives of the
general assembly;
(8) "Paired commissioner" means the commissioner with whom an alternate
commissioner is paired as provided by this chapter; and
(9) "Senate" means the senate of the general assembly.
3-18-103. Qualifications of commissioners.
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At the time of appointment and throughout the Article V convention, a commissioner:
(1) Must be a United States citizen for at least five (5) years;
(2) Must be a resident of this state for at least five (5) years;
(3) Must be at least twenty-five (25) years of age;
(4) Must be a registered voter in this state;
(5) Must not be registered or required to be registered at any time within the
last five (5) years as a lobbyist under chapter 6, part 3 of this title or under 2 U.S.C. §
1603, or rules or regulations adopted under such laws;
(6) Must not currently be a federal employee, other than a member of the
United States armed forces, or contractor, nor have been such an employee or
contractor at any time within the last ten (10) years;
(7) Must not have held a federal elected or appointed office at any time within
the last ten (10) years;
(8) Must not have had any felony convictions for crimes involving moral
turpitude in any jurisdiction of the United States, nor any felony convictions for any
crime in such a jurisdiction within the last ten (10) years; and
(9) Must not hold a statewide office while performing the duties of
commissioner or alternate commissioner. As used in this subdivision (9), "statewide
office" does not include a person elected to serve in the general assembly.
3-18-104. Participation in Article V conventions.
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, must not be incurred until the
general assembly passes a resolution agreeing to participate in an Article V convention. The
joint resolution agreeing to participate in the Article V convention and any additional joint
resolutions related to that participation must request a specific appropriation for all
expenditures related to each such joint resolution.
3-18-105. Joint commissioning resolution - Commissioner selection and removal.
(a) Commissioners and alternate commissioners must be named by a joint resolution
passed by a two-thirds (2/3) vote of those present and voting in a joint session of the general
assembly. The general assembly shall appoint commissioners and alternate commissioners
so that, as near as practicable, the three (3) grand divisions of the state are equally
represented.
(b) At the time of election, each commissioner must be paired with an alternate
commissioner as provided in the joint resolution adopted by the general assembly.
(c) If the general assembly is not in session during the time at which commissioners
to an Article V convention must be appointed, the governor shall call the general assembly
into special session under Article Ill, § 9 of the Constitution of Tennessee for the purpose of
appointing commissioners and alternate commissioners.
(d) The general assembly shall maintain an odd number of commissioners in the
delegation.
(e) A commissioner or c1lternate commissioner 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 of those present and voting in a joint session thereof.
(f) A commissioner or alternate commissioner may also be suspended, recalled, or
removed by the advisory committee puFsuant t~ a determination under§ 3-18-114.
3-18-106. Joint commissioning resolution - Cor:nmission and scope of authority.
(a) The joint resolution adopted pursuant to § 3-18-105 naming the commissioners
and alternate commissioners must include their commission. The commission must include,
but is not limited to, the following:
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(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 (1) vote;
(2) A commissioner shall not vote for or otherwise promote a convention rule
that does not require recorded roll call votes or the electronic equivalent;
(3) A proposed amendment is not germane unless its subject matter is
consistent with the resolutions of the legislatures of the several states that were the
basis of calling the convention; and
(4) A commissioner shall not vote in favor of a proposed amendment that
would alter the text of the specific guarantees of individual liberty established by the
United States Constitution.
(b) The commissioning resolution must clearly state the scope of the commissioners'
and alternate commissioners' authority, which must be limited as follows:
(1) If this state is not one (1) of the two-thirds (2/3) of the states applying for
the convention, to the subject matter enumerated in the thirty-four (34) or more state
applications that triggered the convention;
(2) If this state is one (1) of the two-thirds (2/3) of the states applying for the
convention, to the subject matter enumerated in this state's application for the
convention; and
(3) To additional instructions from the general assembly, whether in the joint
commissioning resolution or by a subsequent joint resolution.
(c) The general assembly may provide additional instructions at any time by the
adoption of a subsequent joint resolution, a copy of which the clerk of the house of
representatives shall provide to each commissioner, alternate commissioner, and to the
advisory committee.
3-18-107. Oath.
(a) Each commissioner and alternate commissioner shall, after appointment and
before the commissioner or alternate commissioner may exercise any function as
commissioner or alternate commissioner, execute an oath in writing that the commissioner or
alternate commissioner:
(1) Will support the United States Constitution and the Constitution of
Tennessee;
(2) Will faithfully abide by and execute all instructions to commissioners and
alternate commissioners adopted by the general assembly and as may be amended
by the general assembly from time to time;
(3) Will accept and act according to the limit of authority specified in the
commissioning resolution;
(4) Acknowledges that violating this oath may subject the commissioner or
alternate commissioner to penalties as provided by law, and such commissioner or
alternate commissioner may be suspended, recalled, or removed by the general
assembly or the advisory committee; and
(5) Will otherwise faithfully discharge the duties of commissioner or alternate
commissioner.
(b) Each commissioner's or alternate commissioner's executed oath must be filed with
the secretary of state.
3-18-108. Credentials.
After a commissioner's executed oath is filed with the secretary of state, the clerk of
the house of representatives shall provide to the commissioner an official copy of the
executed oath and the commissioning resolution, which together serves as the
commissioner's credentials.
3-18-109. Vacancies - Authority of alternate commissioners.
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SB 1567
(a) The alternate commissioner shall fill the vacancy of the paired commissioner. Any
additional vacancies must be filled by the advisory committee's selection of an alternate
commissioner until such time as a vote by a joint session of the general assembly selects a
permanent replacement.
(b) An alternate commissioner shall:
(1) Act in the place of the paired commissioner when the paired commissioner
is absent from the Article V convention; or
(2) Replace the paired commissioner if the paired commissioner vacates the
office.
3-18-110. Compensation and expenses.
(a) A commissioner must receive the same compensation as a member of the house
of representatives, prorated for length of time served.
(b) 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 in
accordance with the regulations promulgated by the commissioner of finance and
administration and approved by the attorney general and reporter.
(c) All funds necessary to pay expenses under subsection (a) must be paid from
appropriations to the general assembly subject to approval by joint resolution under§ 3-18-
104.
3-18-111. Emolument and gift prohibition.
(a) A commissioner or an alternate commissioner shall not accept, during such
commissioner's time of service, any gifts or benefits with a combined value of more than two
hundred dollars ($200), other than from a member of such commissioner's immediate family
and of the kind customarily granted by such immediate family member.
(b) As used in this section, "gift or benefit" must be construed liberally to include
current and future loans, lodging, food, offers of prospective employment, and other actual
and prospective benefits; provided, that an employer's decision to continue paying a
commissioner's current salary is not a gift.
3-18-112.·Quorum, conduct, and rule of decision within the delegation.
(a) The commissioners within the delegation, including any alternate commissioners
filling a vacancy, shall choose from among them a chair of the delegation, a person who
must cast the state's vote on the convention floor, and a person to speak to the media on
behalf of the delegation. If the delegation so decides, the same person may exercise any or
all such functions. The delegation may designate a different commissioner to perform any
function at any time.
(b) Each commissioner shall take care to avoid communicating the impression to a
person outside of the delegation that the delegation is divided on a question on which the
delegation has taken a formal position, including, but not limited to, whether to cast a vote for
or against a proposal.
(c) Except for the commissioner designated to communicate with the media on behalf
of the delegation, a commissioner shall not communicate with the media about· convention
business during the convention or during any temporary recess or temporary adjournment.
(d) A commissioner who violates subsection (b) or (c) may be suspended, recalled, or
removed by the general assembly or the advisory committee.
(e) Subsections (b) and (c) must not be construed to prevent a commissioner from
presenting the commissioner's opinions at 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 or functions and the determination of how the state's vote
will be cast, is a majority present and voting at the time the delegation is polled. A decision
must not be made and a vote must not be cast i(less than a majority of the delegation votes
in the poll.
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(g) The rule of decision for the delegation, a quorum being present, is that a majority
of commissioners must be present and voting at the time of polling.
3-18-113. Article V convention advisory committee.
(a) The Article V convention advisory committee consists of the following members:
(1) One (1) state senator appointed by the speaker of the senate;
(2) One (1) state representative appointed by the speaker of the house of
representatives; and
(3) One (1) member of the general assembly nominated by joint action of the
speaker of the senate and the speaker of the house of representatives who is
approved by the majority of those voting in each house of the general assembly.
(b) The advisory committee shall select one (1) of its members as chair.
(c) A commissioner may inquire from the advisory committee as to whether a
proposed action by the commissioner would violate the commissioning resolution, the
commissioner's oath, or any subsequent instruction of the general assembly.
(d) The advisory committee:
(1) Shall communicate to the commIssIoner requesting such advice a
determination within twenty-four (24) hours of receiving the request;
(2) May communicate such determination by any appropriate medium; and
(3) Has the authority to hire staff and develop appropriate procedures and
mechanisms for monitoring the convention, commissioners, its committees, and
subcommittees.
3-18-114. Monitoring the exercise of commissioner authority.
(a) Whenever the advisory committee has reason to believe that a commissioner or
alternate commissioner has exceeded such commissioner's scope of authority, the
committee shall notify the speaker of the house of representatives, the speaker of the
senate, and the attorney general and reporter.
(b) Upon the request for a determination by the speaker of the house of
representatives, the speaker of the senate, or the attorney general and reporter on whether a
commissioner or alternate commissioner has exceeded the commissioner's scope of
authority, the advisory committee shall expeditiously issue a determination on whether the
commissioner or alternate commissioner exceeded such scope of authority and immediately
communicate its determination to the requester.
(c) Upon determining that a commissioner or alternate commissioner has exceeded
the commissioner's scope of authority pursuant to subsection (a) or (b), the advisory
committee shall immediately exercise its authority under § 3-18-105(f) to remove the
commiss-ioner, and shall communicate said action and the reasons therefor to the speaker of
the house of representatives, the speaker of the senate, the attorney general and reporter,
and the presiding officers of the convention.
3-18-115. Offenses - Penalty.
(a) It is an offense for a commissioner or alternate commissioner to knowingly or
intentionally vote or attempt to vote outside the scope or in violation of:
(1) The joint commissioning resolution, such commissioner's oath of office, or
further instructions established by the general assembly; or
(2) The limits placed by the general assembly in a joint resolution that calls for
an Article V convention for the purpose of proposing amendments to the Constitution
of the United States on the subjects and amendments that may be considered by the
Article V convention. •
(b) A violation of subsection (a) is a Class E felony.
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SECTION 2. The headings in this act are for reference purposes only and do not constitute a
part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.
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SENATE BILL NO. 1567
PASSED: March 26, 2026
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\ ...RANDY lcNALLY
SPEAKER OF THE SENATE
C.
CAMFCQ~JIEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this I ~ day of /Apt:j I 2026
~lu
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.