SJ 18-1_ Filed 02/20/2013, 14:26
Adopted 2/21/2013

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Joint Resolution No. 18, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said resolution be AMENDED as follows:

    Delete the title and insert the following:
    A JOINT RESOLUTION requesting Congress to call a constitutional convention for the purpose of proposing amendments to the Constitution of the United States concerning limitation of the commerce and taxing powers of Congress.

SOURCE: Page 1, line 5 -->     Page 1, delete lines 1 through 6, begin a new paragraph and insert:
SOURCE: -->     "SECTION 1. (a) That the General Assembly finds and declares that this resolution is passed in accordance with the method provided to states in Article V of the Constitution of the United States for proposing amendments to the Constitution of the United States.
    (b) That the General Assembly further declares that such a step is necessary to restore the operation of the constitutional system of the United States according to the intent of those who created it; that is, to return to an appropriate balance between the federal government and the states by specifically defining, and in so doing, limiting certain powers of the federal government.
    (c) That the General Assembly further declares that the convention for proposing amendments called for in this resolution shall be understood to be strictly confined to consideration of amendments concerning the limitation of the commerce and taxing powers of

Congress.
    (d) That the General Assembly further declares that state delegations to an Article V convention for proposing amendments should be limited in size and that for purposes of voting on amendments proposed at such a convention, each state should have one vote, regardless of the size of its delegation.

SOURCE: -->     SECTION 2. That the General Assembly of the State of Indiana makes application to the Congress of the United States for a convention under Article V of the Constitution of the United States for the specific and exclusive purpose of proposing amendments to the Constitution of the United States to limit certain powers of Congress.
SOURCE: -->     SECTION 3. That this application is for a convention limited to considering and proposing amendments on the following topics:
        (1) Additional limitation of the power of the Congress to regulate commerce among the several states under Article I, Section 8, Clause 3 of the Constitution of the United States.
        (2) Additional limitation of the power of the Congress to tax under Article I of the Constitution of the United States and under the Sixteenth Amendment to the Constitution of the United States.
SOURCE: -->     SECTION 4. That this application shall be considered an application for a convention to address each of the subjects stated in SECTION 3 of this resolution. For purposes of determining whether two-thirds (2/3) of the states have applied for a convention addressing any subject, this application is to be aggregated with the applications of any other state legislatures limited to one (1) or more of the subjects stated in SECTION 3 of this resolution.
SOURCE: -->     SECTION 5. That this resolution is a continuing application and remains in effect until its rescission by the Indiana General Assembly or as otherwise provided by Indiana law. This application does not constitute a recognition that any particular activity or activities currently undertaken by the federal government is or are authorized by the Constitution of the United States.
SOURCE: -->     SECTION 6. That the Principal Secretary of the Indiana Senate send certified copies of this resolution to each of the following:
        (1) The President and the Secretary of the United States Senate.
        (2) The Speaker and the Clerk of the House of Representatives of the United States Congress.
        (3) Each of the members of Indiana's congressional delegation.
        (4) The presiding officers of each legislative chamber of the several states, requesting their cooperation.".
    (Reference is to SJR 18 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 4.

____________________________________

    Long
Chairperson


CRSJ1801/DI 51    2013