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S. B. No. 112 IN
As Introduced
CORRECTED
VERSION
136th
General Assembly
Regular
Session
S. B. No. 112
2025-2026
Senators Reynolds, Lang
To
enact sections 3523.13, 3523.14, 3523.15, 3523.16, 3523.17, 3523.18,
and 3523.99 of the Revised Code
to
establish procedures for appointing delegates to a convention of the
states under Article V of the United States Constitution.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3523.13, 3523.14, 3523.15, 3523.16, 3523.17, 3523.18, and
3523.99 of the Revised Code be enacted to read as follows:
Sec.
3523.13.
(A)
As used in sections 3523.13 to 3523.18 and section 3523.99 of the
Revised Code:
"Convention"
means a convention for proposing amendments to the constitution of
the United States under Article V of the constitution of the United
States.
"Delegate"
includes interim delegates, as applicable.
"Commissioning
resolution" means the resolution adopted by the general assembly
that sets forth the names of the appointed delegates and the
delegate's commissions and instructions.
"Delegation"
means the group of delegates chosen by the general assembly to attend
a convention of the states under Article V of the constitution of the
United States.
(B)
Whenever two-thirds of the legislatures of the several states have
applied for, and congress has called, a convention, the general
assembly shall appoint delegates to the convention in accordance with
sections 3523.13 to 3523.18 of the Revised Code.
Sec.
3523.14.
(A)
When a convention has been called by congress, the general assembly
shall appoint an odd number of delegates to serve on the state's
delegation to the convention. The delegates shall be appointed by a
concurrent resolution of the general assembly or by a majority of
those present and voting in a joint session of the general assembly.
(B)
No individual shall be eligible to be appointed as a delegate under
this section unless the individual, at the time of appointment and
throughout the time of the convention, satisfies all of the
following:
(1)
Is a United States citizen and has been for at least five years;
(2)
Is a resident of this state and has been for at least five years;
(3)
Is at least twenty-five years old;
(4)
Is a registered elector of this state;
(5)
Is not currently registered or required to be registered as a federal
lobbyist, nor has been at any time within the last five years;
(6)
Is not currently a federal employee or contractor, other than a
member of the United States armed forces, nor has been at any time
within the last ten years;
(7)
Has not held a federal elected or appointed office at any time within
the last ten years;
(8)
Has not had any felony convictions for crimes involving moral
turpitude in any jurisdiction, nor any felony convictions for any
crime in any jurisdiction within the last ten years;
(9)
Does not hold a statewide office while performing the duties of
delegate. For purposes of this division, a member of the general
assembly does not hold a statewide office.
(C)(1)
A delegate may be recalled or removed at any time and for any reason
by a concurrent resolution of the general assembly or by a majority
of those present and voting in a joint session of the general
assembly. A delegate shall be recalled and removed if the delegate
does not meet the requirements of division (B) of this section.
(2)
A delegate may be recalled from the delegate's duties by the advisory
committee under division (D)(5) of section 3523.18 of the Revised
Code. The delegate then may be removed by the general assembly as
provided in division (C)(1) of this section, or the general assembly
may reject the recall of the delegate and reinstate the delegate by a
concurrent resolution of the general assembly or by a majority of
those present and voting in a joint session of the general assembly.
(3)
A vacancy may be filled in the same manner as delegates are appointed
under division (A) of this section.
(D)
The resolution appointing delegates under division (A) of this
section shall include the delegate's commission, which shall state
clearly the scope of the delegate's authority.
(E)
The general assembly may provide additional instructions to delegates
at any time through a subsequent resolution, passed in the same
manner as described in division (A) of this section.
Sec.
3523.15.
A
delegate shall, before exercising any function of the position,
execute the following oath in writing: "I do solemnly swear that
I accept and will act according to the limits of authority specified
in my commission and any present or subsequent instructions. I
understand that I may be recalled from my duties by the General
Assembly or the advisory committee."
After
a delegate's executed oath is filed with the secretary of state, the
clerk of the senate shall provide to the delegate an official copy of
the executed oath and the commissioning resolution, which together
shall serve as the delegate's credentials.
Sec.
3523.16.
A
delegate shall receive the same compensation as a member of the house
of representatives of this state under section 101.27 of the Revised
Code, prorated for length of time served. A delegate is entitled to
receive allowance for reasonable expenses. A delegate who is a member
of the general assembly shall serve without compensation but shall be
reimbursed for actual and necessary expenses incurred in the
discharge of official duties incurred for work as a delegate.
Sec.
3523.17.
(A)
The delegates shall choose from among them a person to chair the
delegation, a person to 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 two or all three functions. The delegation may designate
a different delegate to perform any function at any time.
(B)
Each delegate shall take care to avoid communicating the impression
to any person outside the delegation that the delegation is divided
on a question on which the delegation has taken a formal position,
including but not limited to, casting a vote.
(C)
No delegate other than the one designated to communicate with the
media on behalf of the delegation shall communicate with the media
about convention business during the convention or during any
temporary recess or temporary adjournment.
(D)
A delegate violating division (B) or (C) of this section may be
recalled by the advisory committee under division (D)(5) of section
3523.18 of the Revised Code or by the general assembly under division
(C) of section 3523.14 of the Revised Code.
(E)
Divisions (B) and (C) of this section do not prevent a delegate from
presenting the delegate's opinions to the convention or debating a
matter at the convention on which the delegation has not formally
taken a position.
(F)
The quorum for decision by the delegation, including the designation
of delegates for particular duties and the determination of how the
state's vote shall be cast, shall be a majority present and voting at
the time the delegation is polled. No decisions shall be made and no
vote shall be cast if less than a majority of the delegation votes in
the poll.
Sec.
3523.18.
(A)
Whenever a convention is called, there shall be created an advisory
committee to the delegation of the state of Ohio.
(B)
The advisory committee shall consist of all of the following members:
(1)
A member of the senate appointed by the president of the senate;
(2)
A member of the house of representatives appointed by the speaker of
the house of representatives;
(3)
A member of the general assembly nominated by joint action of the
president of the senate and the speaker of the house of
representatives and approved by the majority of those voting in each
chamber.
(C)
The advisory committee shall select one of its members as
chairperson. The advisory committee may hire staff to perform the
functions of the advisory committee as described in this section.
(D)
The advisory committee shall do all of the following:
(1)
Upon the request of a delegate, and within twenty-four hours of
receiving the request, advise the delegate regarding whether a
prospective action by the delegate would violate the delegate's
commission under division (D) of section 3523.14 of the Revised Code,
any subsequent instructions of the general assembly under division
(E) of section 3523.14 of the Revised Code, the delegate's duties as
described in section 3523.17 of the Revised Code, or the prohibitions
of a delegate under section 3523.99 of the Revised Code;
(2)
Develop appropriate procedures and mechanisms for monitoring the
delegation, the convention, its committees, and subcommittees;
(3)
Whenever the advisory committee has reason to believe that a delegate
has exceeded the scope of the delegate's authority as described in
sections 3523.14 to 3523.17 or violated prohibitions as described in
section 3523.99 of the Revised Code, notify the speaker of the house
of representatives, the president of the senate, and the attorney
general;
(4)
Upon the request of the speaker of the house of representatives, the
president of the senate, or the attorney general, investigate whether
a delegate has exceeded the scope of the delegate's authority as
described in division (C)(3) of this section, expeditiously make a
determination whether a delegate has done so, and immediately
communicate the determination to the requestor;
(5)
Upon determining that a delegate has exceeded the scope of the
delegate's authority under this section, and subject to division
(C)(2) of section 3523.14 of the Revised Code, immediately recall the
delegate, and communicate this action and the reasons for it to the
speaker of the house of representatives, the president of the senate,
the attorney general, and the presiding officers of the convention.
(6)
Fill any vacancies in the delegation by selecting an interim delegate
to serve in the delegation until the vacancy is filled by the general
assembly under division (C)(3) of section 3523.14 of the Revised
Code.
Sec.
3523.99.
(A)
No delegate shall knowingly do any of the following:
(1)
Vote for or otherwise promote any change to the traditional
convention rule of decision on the floor and in the committee of the
whole, including that each state has one vote;
(2)
Vote in favor of any proposed amendment that would alter the text of
the specific guarantees of individual liberty established by the
constitution of the United States, including the body of the
constitution, the first ten amendments, the thirteenth amendment, the
fourteenth amendment, the fifteenth amendment, the nineteenth
amendment, the twenty-third amendment, the twenty-fourth amendment,
and the twenty-sixth amendment;
(3)
Vote in favor of any proposed amendment that is outside the scope of
the subject matter as limited by the general assembly's original
application to congress for a convention of the states, as
applicable;
(4)(a)
Accept, during the delegate's time of service, any gifts or benefits
with a combined value of more than two hundred dollars, other than
from a member of the delegate's family and of the kind customarily
given by a member of one's family.
(b)
As used in division (A)(4)(a) of this section, "gift or benefit"
shall be liberally construed and includes current and future loans,
lodging, food, offer of prospective employment, and other actual and
prospective benefits. An employer's decision to continue paying a
delegate's current salary is not considered a gift or benefit under
division (A)(4)(a) of this section.
(B)
Whoever violates this section is guilty of a felony of the third
degree.