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Rules committee advances bill making deviations from Article 5 convention a felony
Summary
The Oklahoma House Rules Committee on an unrecorded date advanced House Bill 2299, which names the "Tom Coburn Act" and would make it a felony for state-appointed delegates to an Article 5 convention to "stray from the call" or to attempt to cause another delegate to stray, lawmakers said. The measure was reported out of committee 8–2.
The Oklahoma House Rules Committee advanced House Bill 2299, called the Tom Coburn Act, which would make it a felony for an appointed state delegate to an Article 5 convention to “stray from the call of the convention” or to attempt to cause another delegate to stray, Representative Lippack told the committee.
The bill’s sponsor, Representative Lippack, said the proposed committee substitute (PCS) changes a cross-reference from the word “interim” to “alternate,” names the measure the Tom Coburn Act and sharpens an existing oath that delegates take under the state's delegate-selection resolution. “The PCS takes care of all of it. It simply names this the Tom Coburn Act,” Lippack said.
Supporters said the change reinforces the existing oath used when selecting delegates and would create a criminal penalty for conduct outside the call of a convention. Representative Lippack described the practical effect as preventing delegates from acting beyond the scope of the convention call and said people already swear an oath under the state's delegate-selection resolution.
Opponents questioned whether the statute could be enforced if the alleged conduct occurred outside Oklahoma and raised concerns about overbroad legal theory. Representative Fugate asked whether the bill would criminalize conduct that took place in another state; Lippack acknowledged that enforcement might be litigated and said prosecution in some cases could be pursued in the delegate’s home state.
Committee discussion described Oklahoma’s existing approach to Article 5 calls: the legislature previously adopted resolutions calling for three separate convention subjects (term limits, fiscal constraints or a balanced-budget-style provision, and federal overreach), and the state’s delegation was described as seven members. Lippack said the state’s 7-member delegation would be composed of three House members, three Senate members appointed by leadership, and one joint appointment.
The committee recorded a vote to report the bill out of committee. The clerk declared the vote: 8 aye, 2 nay; the measure was reported out as "due passed."
