Florida Senate - 2015 SB 1242
By Senator Hays
11-00786B-15 20151242__
1 A bill to be entitled
2 An act relating to interstate compacts; creating s.
3 11.95, F.S.; adopting and entering the state into an
4 interstate Compact for a Balanced Budget; exempting
5 the compact from the Article V Constitutional
6 Convention Act; providing the policy, purpose, and
7 intent of the compact; defining terms; providing for
8 proposal by the compact’s member states of an
9 amendment to the United States Constitution requiring
10 the Federal Government to maintain a balanced budget
11 with certain exceptions; requiring member states to
12 strictly comply with the terms of the compact;
13 describing circumstances under which the compact
14 becomes contractually binding on a member state;
15 establishing a Compact Commission and specifying the
16 commission’s membership and duties; providing for
17 appointment of a Compact Administrator and specifying
18 the administrator’s duties; providing for funding of
19 the Compact Commission and Compact Administrator;
20 providing for the member states to apply to the United
21 States Congress for a convention under Article V of
22 the United States Constitution to propose the balanced
23 budget amendment; requiring cooperation among the
24 commission, the member states, and the Compact
25 Administrator; providing for the appointment, terms,
26 duties, and authority of convention delegates;
27 requiring an oath to be taken by delegates; specifying
28 rules to govern procedures at the convention;
29 specifying actions that are considered ultra vires;
30 providing that the balanced budget amendment is not
31 considered ratified until ratified by a specified
32 number of states; providing for construction and
33 enforcement of the compact; providing an effective
34 date for the compact; authorizing severability of the
35 compact under certain circumstances; providing for
36 termination of the compact under certain conditions;
37 providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 11.95, Florida Statutes, is created to
42 read:
43 11.95 Compact for a balanced budget.—Notwithstanding the
44 Article V Constitutional Convention Act, ss. 11.93-11.9352, the
45 State of Florida enacts, adopts, and agrees to be bound by the
46 following compact:
47 ARTICLE I
48 DECLARATION OF POLICY, PURPOSE, AND INTENT
49 WHEREAS, every State enacting, adopting, and agreeing to be
50 bound by this Compact intends to ensure that their respective
51 Legislature’s use of the power to originate a Balanced Budget
52 Amendment under Article V of the Constitution of the United
53 States will be exercised conveniently and with reasonable
54 certainty as to the consequences thereof.
55 NOW, THEREFORE, in consideration of their expressed mutual
56 promises and obligations, be it enacted by every State enacting,
57 adopting, and agreeing to be bound by this Compact, and resolved
58 by each of their respective Legislatures, as the case may be, to
59 exercise herewith all of their respective powers as set forth
60 herein, notwithstanding any law to the contrary.
61 ARTICLE II
62 DEFINITIONS
63 As used in this Compact, the term:
64 Section 1. “Compact” means this “Compact for a Balanced
65 Budget.”
66 Section 2. “Convention” means the convention for proposing
67 amendments organized by this Compact under Article V of the
68 Constitution of the United States and, where contextually
69 appropriate to ensure the terms of this Compact are not evaded,
70 any other similar gathering or body, which might be organized as
71 a consequence of Congress receiving the application set out in
72 this Compact and claim authority to propose or effectuate any
73 amendment, alteration, or revision to the Constitution of the
74 United States. This term does not encompass a convention for
75 proposing amendments under Article V of the Constitution of the
76 United States that is organized independently of this Compact
77 based on the separate and distinct application of any State.
78 Section 3. “State” means one of the several States of the
79 United States. Where contextually appropriate, the term “State”
80 shall be construed to include all of its branches, departments,
81 agencies, political subdivisions, and officers and
82 representatives acting in their official capacity.
83 Section 4. “Member State” means a State that has enacted,
84 adopted, and agreed to be bound to this Compact. For any State
85 to qualify as a Member State with respect to any other State
86 under this Compact, each such State must have enacted, adopted,
87 and agreed to be bound by substantively identical compact
88 legislation.
89 Section 5. “Compact Notice Recipients” means the Archivist
90 of the United States, the President of the United States, the
91 President of the United States Senate, the Office of the
92 Secretary of the United States Senate, the Speaker of the United
93 States House of Representatives, the Office of the Clerk of the
94 United States House of Representatives, the chief executive
95 officer of each State, and the presiding officer(s) of each
96 house of the Legislatures of the several States.
97 Section 6. Notice. All notices required by this Compact
98 shall be by United States Certified Mail, return receipt
99 requested, or an equivalent or superior form of notice, such as
100 personal delivery documented by evidence of actual receipt.
101 Section 7. “Balanced Budget Amendment” means the following:
102 “ARTICLE ____
103 “SECTION 1. Total outlays of the government of the United
104 States shall not exceed total receipts of the government of the
105 United States at any point in time unless the excess of outlays
106 over receipts is financed exclusively by debt issued in strict
107 conformity with this article.
108 “SECTION 2. Outstanding debt shall not exceed authorized
109 debt, which initially shall be an amount equal to 105 percent of
110 the outstanding debt on the effective date of this article.
111 Authorized debt shall not be increased above its aforesaid
112 initial amount unless such increase is first approved by the
113 legislatures of the several states as provided in Section 3.
114 “SECTION 3. From time to time, Congress may increase
115 authorized debt to an amount in excess of its initial amount set
116 by Section 2 only if it first publicly refers to the
117 legislatures of the several states an unconditional, single
118 subject measure proposing the amount of such increase, in such
119 form as provided by law, and the measure is thereafter publicly
120 and unconditionally approved by a simple majority of the
121 legislatures of the several states, in such form as provided
122 respectively by state law; provided that no inducement requiring
123 an expenditure or tax levy shall be demanded, offered, or
124 accepted as a quid pro quo for such approval. If such approval
125 is not obtained within 60 calendar days after referral, then the
126 measure shall be deemed disapproved and the authorized debt
127 shall thereby remain unchanged.
128 “SECTION 4. Whenever the outstanding debt exceeds 98
129 percent of the debt limit set by Section 2, the President shall
130 enforce said limit by publicly designating specific expenditures
131 for impoundment in an amount sufficient to ensure outstanding
132 debt shall not exceed the authorized debt. Said impoundment
133 shall become effective 30 days thereafter, unless Congress first
134 designates an alternate impoundment of the same or greater
135 amount by concurrent resolution, which shall become immediately
136 effective. The failure of the President to designate or enforce
137 the required impoundment is an impeachable misdemeanor. Any
138 purported issuance or incurrence of any debt in excess of the
139 debt limit set by Section 2 is void.
140 “SECTION 5. No bill that provides for a new or increased
141 general revenue tax shall become law unless approved by a two
142 thirds roll call vote of the whole number of each House of
143 Congress. However, this requirement shall not apply to any bill
144 that provides for a new end user sales tax which would
145 completely replace every existing income tax levied by the
146 government of the United States; or for the reduction or
147 elimination of an exemption, deduction, or credit allowed under
148 an existing general revenue tax.
149 “SECTION 6. For purposes of this article, “debt” means any
150 obligation backed by the full faith and credit of the government
151 of the United States; “outstanding debt” means all debt held in
152 any account and by any entity at a given point in time;
153 “authorized debt” means the maximum total amount of debt that
154 may be lawfully issued and outstanding at any single point in
155 time under this article; “total outlays of the government of the
156 United States” means all expenditures of the government of the
157 United States from any source; “total receipts of the government
158 of the United States” means all tax receipts and other income of
159 the government of the United States, excluding proceeds from its
160 issuance or incurrence of debt or any type of liability;
161 “impoundment” means a proposal not to spend all or part of a sum
162 of money appropriated by Congress; and “general revenue tax”
163 means any income tax, sales tax, or value-added tax levied by
164 the government of the United States excluding imposts and
165 duties.
166 “SECTION 7. This article is immediately operative upon
167 ratification, self-enforcing, and Congress may enact conforming
168 legislation to facilitate enforcement.”
169 ARTICLE III
170 COMPACT MEMBERSHIP AND WITHDRAWAL
171 Section 1. This Compact governs each Member State to the
172 fullest extent permitted by its respective constitution,
173 superseding and repealing any conflicting or contrary law.
174 Section 2. By becoming a Member State, each such State
175 offers, promises, and agrees to perform and comply strictly in
176 accordance with the terms and conditions of this Compact, and
177 has made such offer, promise, and agreement in anticipation and
178 consideration of, and in substantial reliance upon, such mutual
179 and reciprocal performance and compliance by each other current
180 and future Member State, if any. Accordingly, in addition to
181 having the force of law in each Member State upon its respective
182 effective date, this Compact and each of its Articles shall also
183 be construed as contractually binding each Member State when:
184 (a) At least one other State has likewise become a Member
185 State by enacting substantively identical legislation adopting
186 and agreeing to be bound by this Compact; and
187 (b) Notice of such State’s Member State status is or has
188 been seasonably received by the Compact Administrator, if any,
189 or otherwise by the chief executive officer of each other Member
190 State.
191 Section 3. For purposes of determining Member State status
192 under this Compact, as long as all other provisions of the
193 Compact remain identical and operative on the same terms,
194 legislation enacting, adopting, and agreeing to be bound by this
195 Compact shall be deemed and regarded as “substantively
196 identical” with respect to such other legislation enacted by
197 another State, notwithstanding:
198 (a) Any difference in Section 2 of Article IV with specific
199 regard to the respectively enacting State’s own method of
200 appointing its member to the Commission;
201 (b) Any difference in Section 5 of Article IV with specific
202 regard to the respectively enacting State’s own obligation to
203 fund the Commission;
204 (c) Any difference in Sections 1 and 2 of Article VI with
205 specific regard to the number and identity of each delegate
206 respectively appointed on behalf of the enacting State, provided
207 that no more than three delegates may attend and participate in
208 the Convention on behalf of any State; or
209 (d) Any difference in Section 7 of Article X with specific
210 regard to the respectively enacting State as to whether Section
211 1 of Article V of this Compact shall survive termination of the
212 Compact, and thereafter become a continuing resolution of the
213 Legislature of such State applying to Congress for the calling
214 of a Convention of the States under Article V of the
215 Constitution of the United States, under such terms and
216 limitations as may be specified by such State.
217 Section 4. When fewer than three-fourths of the States are
218 Member States, any Member State may withdraw from this Compact
219 by enacting appropriate legislation, as determined by state law,
220 and giving notice of such withdrawal to the Compact
221 Administrator, if any, or otherwise to the chief executive
222 officer of each other Member State. A withdrawal shall not
223 affect the validity or applicability of the Compact with respect
224 to remaining Member States, provided that there remain at least
225 two such States. However, once at least three-fourths of the
226 States are Member States, then no Member State may withdraw from
227 the Compact prior to its termination absent unanimous consent of
228 all Member States.
229 ARTICLE IV
230 COMPACT COMMISSION AND COMPACT ADMINISTRATOR
231 Section 1. Nature of the Compact Commission.—The Compact
232 Commission (“Commission”) is hereby established. It has the
233 power and duty:
234 (a) To appoint and oversee a Compact Administrator;
235 (b) To encourage States to join the Compact and Congress to
236 call the Convention in accordance with this Compact;
237 (c) To coordinate the performance of obligations under the
238 Compact;
239 (d) To oversee the Convention’s logistical operations as
240 appropriate to ensure this Compact governs its proceedings;
241 (e) To oversee the defense and enforcement of the Compact
242 in appropriate legal venues;
243 (f) To request funds and to disburse those funds to support
244 the operations of the Commission, Compact Administrator, and
245 Convention; and
246 (g) To cooperate with any entity that shares a common
247 interest with the Commission and engages in policy research,
248 public interest litigation, or lobbying in support of the
249 purposes of the Compact.
250
251 The Commission shall only have such implied powers as are
252 essential to carrying out these express powers and duties. It
253 shall take no action that contravenes or is inconsistent with
254 this Compact or any law of any State that is not superseded by
255 this Compact. It may adopt and publish corresponding bylaws and
256 policies.
257 Section 2. Commission Membership.—The Commission initially
258 consists of three unpaid members. Each Member State may appoint
259 one member to the Commission through an appointment process to
260 be determined by its respective chief executive officer until
261 all positions on the Commission are filled. Positions shall be
262 assigned to appointees in the order in which their respective
263 appointing States became Member States. The bylaws of the
264 Commission may expand its membership to include representatives
265 of additional Member States and to allow for modest salaries and
266 reimbursement of expenses if adequate funding exists.
267 Section 3. Commission Action.—Each Commission member is
268 entitled to one vote. The Commission shall not act unless a
269 majority of its appointed membership is present, and no action
270 shall be binding unless approved by a majority of the
271 Commission’s appointed membership. The Commission shall meet at
272 least once a year, and may meet more frequently.
273 Section 4. First Order of Business.—The Commission shall at
274 the earliest possible time elect from among its membership a
275 Chair, determine a primary place of doing business, and appoint
276 a Compact Administrator.
277 Section 5. Funding.—The Commission and the Compact
278 Administrator’s activities shall be funded exclusively by each
279 Member State, as determined by its respective state law, or by
280 voluntary donations.
281 Section 6. Compact Administrator.—The Compact Administrator
282 has the power and duty:
283 (a) To timely notify the States of the date, time, and
284 location of the Convention;
285 (b) To organize and direct the logistical operations of the
286 Convention;
287 (c) To maintain an accurate list of all Member States and
288 their appointed delegates, including contact information; and
289 (d) To formulate, transmit, and maintain all official
290 notices, records, and communications relating to this Compact.
291
292 The Compact Administrator shall only have such implied powers as
293 are essential to carrying out these express powers and duties
294 and shall take no action that contravenes or is inconsistent
295 with this Compact or any law of any State that is not superseded
296 by this Compact. The Compact Administrator serves at the
297 pleasure of the Commission and must keep the Commission
298 seasonably apprised of the performance or nonperformance of the
299 terms and conditions of this Compact. Any notice sent by a
300 Member State to the Compact Administrator concerning this
301 Compact shall be adequate notice to each other Member State
302 provided that a copy of said notice is seasonably delivered by
303 the Compact Administrator to each other Member State’s
304 respective chief executive officer.
305 Section 7. Notice of Key Events.—Upon the occurrence of
306 each of the following described events, or otherwise as soon as
307 possible, the Compact Administrator shall immediately send the
308 following notices to all Compact Notice Recipients, together
309 with certified conforming copies of the chaptered version of
310 this Compact as maintained in the statutes of each Member State:
311 (a) Whenever any State becomes a Member State, notice of
312 that fact shall be given;
313 (b) Once at least three-fourths of the States are Member
314 States, notice of that fact shall be given together with a
315 statement declaring that the Legislatures of at least two-thirds
316 of the several States have applied for a Convention for
317 proposing amendments under Article V of the Constitution of the
318 United States, petitioning Congress to call the Convention
319 contemplated by this Compact, and further requesting cooperation
320 in organizing the same in accordance with this Compact;
321 (c) Once Congress has called the Convention contemplated by
322 this Compact, and whenever the date, time, and location of the
323 Convention has been determined, notice of that fact shall be
324 given together with the date, time, and location of the
325 Convention and other essential logistical matters;
326 (d) Upon approval of the Balanced Budget Amendment by the
327 Convention, notice of that fact shall be given together with the
328 transmission of certified copies of such approved proposed
329 amendment and a statement requesting Congress to refer the same
330 for ratification by three-fourths of the Legislatures of the
331 several States under Article V of the Constitution of the United
332 States; however, in no event shall any proposed amendment other
333 than the Balanced Budget Amendment be transmitted; and
334 (e) When any Article of this Compact prospectively
335 ratifying the Balanced Budget Amendment becomes effective in any
336 Member State, notice of the same shall be given together with a
337 statement declaring such ratification and further requesting
338 cooperation in ensuring that the official record confirms and
339 reflects the effective corresponding amendment to the
340 Constitution of the United States.
341
342 However, whenever any Member State enacts appropriate
343 legislation, as determined by the laws of the respective state,
344 withdrawing from this Compact, the Compact Administrator shall
345 immediately send certified conforming copies of the chaptered
346 version of such withdrawal legislation as maintained in the
347 statutes of each such withdrawing Member State, solely to each
348 chief executive officer of each remaining Member State, giving
349 notice of such withdrawal.
350 Section 8. Cooperation.—The Commission, Member States, and
351 Compact Administrator shall cooperate with each other and give
352 each other mutual assistance in enforcing this Compact and shall
353 give the chief law enforcement officer of each other Member
354 State any information or documents that are reasonably necessary
355 to facilitate the enforcement of this Compact.
356 Section 9. Effective Date of Article.—This Article does not
357 take effect until there are at least two Member States.
358 ARTICLE V
359 RESOLUTION APPLYING FOR CONVENTION
360 Section 1. Be it resolved, as provided for in Article V of
361 the Constitution of the United States, the Legislature of each
362 Member State herewith applies to Congress for the calling of a
363 convention for proposing amendments limited to the subject
364 matter of proposing for ratification the Balanced Budget
365 Amendment.
366 Section 2. Congress is further petitioned to refer the
367 Balanced Budget Amendment to the States for ratification by
368 three-fourths of their respective Legislatures.
369 Section 3. This Article does not take effect until at least
370 three-fourths of the several States are Member States.
371 ARTICLE VI
372 DELEGATE APPOINTMENT, LIMITATIONS, AND INSTRUCTIONS
373 Section 1. Number of Delegates.—Each Member State shall be
374 entitled to delegates as the sole and exclusive representatives
375 at the Convention as set forth in this Article.
376 Section 2. Identity of Delegates.—The then serving
377 President of the Senate, or his or her designee, and the then
378 serving Speaker of the House of Representatives, or his or her
379 designee, are appointed to represent Florida as its sole and
380 exclusive delegates.
381 Section 3. Replacement or Recall of Delegates.—A delegate
382 appointed hereunder may be replaced or recalled by the
383 Legislature of his or her respective State at any time for good
384 cause, such as criminal misconduct or the violation of this
385 Compact. If replaced or recalled, any delegate previously
386 appointed hereunder must immediately vacate the Convention and
387 return to his or her respective State’s capitol.
388 Section 4. Oath.—The power and authority of a delegate
389 under this Article may only be exercised after the Convention is
390 first called by Congress in accordance with this Compact and
391 such appointment is duly accepted by such appointee publicly
392 taking the following oath or affirmation: “I do solemnly swear
393 (or affirm) that I accept this appointment and will act strictly
394 in accordance with the terms and conditions of the Compact for a
395 Balanced Budget, the Constitution of the State I represent, and
396 the Constitution of the United States. I understand that
397 violating this oath (or affirmation) forfeits my appointment and
398 may subject me to other penalties as provided by law.”
399 Section 5. Term.—The term of a delegate then serving as the
400 President of the Senate or the Speaker of the House of
401 Representatives, or their designees, commences upon acceptance
402 of appointment and terminates upon the permanent adjournment of
403 the Convention, unless shortened by recall, replacement, or
404 forfeiture under this Article. Upon expiration of such term, any
405 person formerly serving as a delegate must immediately withdraw
406 from and cease participation at the Convention, if any is
407 proceeding.
408 Section 6. Delegate Authority.—The power and authority of
409 any delegate appointed hereunder is strictly limited:
410 (a) To introducing, debating, voting upon, proposing, and
411 enforcing the Convention Rules specified in this Compact, as
412 needed to ensure those rules govern the Convention; and
413 (b) To introducing, debating, voting upon, and rejecting or
414 proposing for ratification the Balanced Budget Amendment.
415
416 All actions taken by any delegate in violation of this section
417 are void ab initio.
418 Section 7. Delegate Authority.—No delegate of any Member
419 State may introduce, debate, vote upon, reject, or propose for
420 ratification any constitutional amendment at the Convention
421 unless:
422 (a) The Convention Rules specified in this Compact govern
423 the Convention and its actions; and
424 (b) The constitutional amendment is the Balanced Budget
425 Amendment.
426 Section 8. Delegate Authority.—The power and authority of
427 any delegate at the Convention does not include any power or
428 authority associated with any other public office held by the
429 delegate. Any person appointed to serve as a delegate shall take
430 a temporary leave of absence, or otherwise shall be deemed
431 temporarily disabled, from any other public office held by the
432 delegate while attending the Convention, and may not exercise
433 any power or authority associated with any other public office
434 held by the delegate, while attending the Convention. All
435 actions taken by any delegate in violation of this section are
436 void ab initio.
437 Section 9. Order of Business.—Before introducing, debating,
438 voting upon, rejecting, or proposing for ratification any
439 constitutional amendment at the Convention, each delegate of
440 every Member State must first ensure the Convention Rules in
441 this Compact govern the Convention and its actions. Every
442 delegate and each Member State must immediately vacate the
443 Convention and notify the Compact Administrator by the most
444 effective and expeditious means if the Convention Rules in this
445 Compact are not adopted to govern the Convention and its
446 actions.
447 Section 10. Forfeiture of Appointment.—If any Member State
448 or delegate violates any provision of this Compact, then every
449 delegate of that Member State immediately forfeits his or her
450 appointment, and shall immediately cease participation at the
451 Convention, vacate the Convention, and return to his or her
452 respective State’s capitol.
453 Section 11. Expenses.—A delegate appointed hereunder is
454 entitled to reimbursement of reasonable expenses for attending
455 the Convention from his or her respective Member State. No
456 delegate may accept any other form of remuneration or
457 compensation for service under this Compact.
458 ARTICLE VII
459 CONVENTION RULES
460 Section 1. Nature of the Convention.—The Convention shall
461 be organized, construed, and conducted as a body exclusively
462 representing and constituted by the several States.
463 Section 2. Agenda of the Convention.—The agenda of the
464 Convention shall be entirely focused upon and exclusively
465 limited to introducing, debating, voting upon, and rejecting or
466 proposing for ratification the Balanced Budget Amendment under
467 the Convention Rules specified in this Article and in accordance
468 with the Compact. It shall not be in order for the Convention to
469 consider any matter that is outside the scope of this agenda.
470 Section 3. Delegate Identity and Procedure.—States shall be
471 represented at the Convention through duly appointed delegates.
472 The number, identity, and authority of delegates assigned to
473 each State shall be determined by this Compact in the case of
474 Member States or, in the case of States that are not Member
475 States, by their respective state laws. However, to prevent
476 disruption of proceedings, no more than three delegates may
477 attend and participate in the Convention on behalf of any State.
478 A certified chaptered conforming copy of this Compact, together
479 with government-issued photographic proof of identification,
480 shall suffice as credentials for delegates of Member States. Any
481 commission for delegates of States that are not Member States
482 shall be based on its respective state laws, but it shall
483 furnish credentials that are at least as reliable as those
484 required of Member States.
485 Section 4. Voting.—Each State represented at the Convention
486 shall have one vote, exercised by the vote of that State’s
487 delegate in the case of States represented by one delegate, or,
488 in the case of any State that is represented by more than one
489 delegate, by the majority vote of that State’s respective
490 delegates.
491 Section 5. Quorum.—A majority of the several States of the
492 United States, each present through its respective delegate in
493 the case of any State that is represented by one delegate, or
494 through a majority of its respective delegates, in the case of
495 any State that is represented by more than one delegate, shall
496 constitute a quorum for the transaction of any business on
497 behalf of the Convention.
498 Section 6. Action by the Convention.—The Convention shall
499 only act as a committee of the whole, chaired by the delegate
500 representing the first State to have become a Member State, if
501 that State is represented by one delegate, or otherwise by the
502 delegate chosen by the majority vote of that State’s respective
503 delegates. The transaction of any business on behalf of the
504 Convention, including the designation of a Secretary, the
505 adoption of parliamentary procedures, and the rejection or
506 proposal of any constitutional amendment, requires a quorum to
507 be present and a majority affirmative vote of those States
508 constituting the quorum.
509 Section 7. Emergency Suspension and Relocation of the
510 Convention.—In the event that the Chair of the Convention
511 declares an emergency due to disorder or an imminent threat to
512 public health and safety prior to the completion of the business
513 on the Agenda, and a majority of the States present at the
514 Convention do not object to such declaration, further Convention
515 proceedings shall be temporarily suspended and the Commission
516 shall subsequently relocate or reschedule the Convention to
517 resume proceedings in an orderly fashion in accordance with the
518 terms and conditions of this Compact with prior notice given to
519 the Compact Notice Recipients.
520 Section 8. Parliamentary Procedure.—In adopting, applying,
521 and formulating parliamentary procedure, the Convention shall
522 exclusively adopt, apply, or appropriately adapt provisions of
523 the most recent editions of Robert’s Rules of Order and the
524 American Institute of Parliamentarians Standard Code of
525 Parliamentary Procedure. In adopting, applying, or adapting
526 parliamentary procedure, the Convention shall exclusively
527 consider analogous precedent arising within the jurisdiction of
528 the United States. Parliamentary procedures adopted, applied, or
529 adapted pursuant to this section shall not obstruct, override,
530 or otherwise conflict with this Compact.
531 Section 9. Transmittal.—Upon approval of the Balanced
532 Budget Amendment by the Convention to propose for ratification,
533 the Chair of the Convention shall immediately transmit certified
534 copies of such approved proposed amendment to the Compact
535 Administrator and all Compact Notice Recipients, notifying them
536 respectively of such approval and requesting Congress to refer
537 the same for ratification by the States under Article V of the
538 Constitution of the United States. However, in no event shall
539 any proposed amendment other than the Balanced Budget Amendment
540 be transmitted as aforesaid.
541 Section 10. Transparency.—Records of the Convention,
542 including the identities of all attendees and detailed minutes
543 of all proceedings, shall be kept by the Chair of the Convention
544 or Secretary designated by the Convention. All proceedings and
545 records of the Convention shall be open to the public upon
546 request subject to reasonable regulations adopted by the
547 Convention that are closely tailored to preventing disruption of
548 proceedings under this Article.
549 Section 11. Adjournment of the Convention.—The Convention
550 shall permanently adjourn upon the earlier of twenty-four (24)
551 hours after commencing proceedings under this Article or the
552 completion of the business on its Agenda.
553 ARTICLE VIII
554 PROHIBITION ON ULTRA VIRES CONVENTION
555 Section 1. Member States shall not participate in the
556 Convention unless:
557 (a) Congress first calls the Convention in accordance with
558 this Compact; and
559 (b) The Convention Rules of this Compact are adopted by the
560 Convention as its first order of business.
561 Section 2. Any proposal or action of the Convention is void
562 ab initio and issued by a body that is conducting itself in an
563 unlawful and ultra vires fashion if that proposal or action:
564 (a) Violates or was approved in violation of the Convention
565 Rules or the delegate instructions and limitations on delegate
566 authority specified in this Compact;
567 (b) Purports to propose or effectuate a mode of
568 ratification that is not specified in Article V of the
569 Constitution of the United States; or
570 (c) Purports to propose or effectuate the formation of a
571 new government.
572
573 All Member States are prohibited from advancing or assisting in
574 the advancement of any such proposal or action.
575 Section 3. Member States shall not ratify or otherwise
576 approve any proposed amendment, alteration, or revision to the
577 Constitution of the United States, which originates from the
578 Convention, other than the Balanced Budget Amendment.
579 ARTICLE IX
580 RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET AMENDMENT
581 Section 1. Each Member State, by and through its respective
582 Legislature, hereby adopts and ratifies the Balanced Budget
583 Amendment.
584 Section 2. This Article does not take effect until Congress
585 effectively refers the Balanced Budget Amendment to the States
586 for ratification by three-fourths of the Legislatures of the
587 several States under Article V of the Constitution of the United
588 States.
589 ARTICLE X
590 CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY
591 Section 1. Construction of Compact.—To the extent that the
592 effectiveness of this Compact or any of its Articles or
593 provisions requires the alteration of local legislative rules,
594 drafting policies, or procedures to be effective, the enactment
595 of legislation enacting, adopting, and agreeing to be bound by
596 this Compact shall be deemed to waive, repeal, supersede, or
597 otherwise amend and conform all such rules, policies, or
598 procedures to allow for the effectiveness of this Compact to the
599 fullest extent permitted by the constitution of any affected
600 Member State.
601 Section 2. Date and Location of the Convention.—Unless
602 otherwise specified by Congress in its call, the Convention
603 shall be held in Dallas, Texas, and commence proceedings at 9
604 a.m. Central Standard Time on the sixth Wednesday after the
605 latter of the effective date of Article V of this Compact or the
606 enactment date of the Congressional resolution calling the
607 Convention.
608 Section 3. Defense of the Compact.—In addition to all other
609 powers and duties conferred by state law which are consistent
610 with the terms and conditions of this Compact, the chief law
611 enforcement officer of each Member State is empowered to defend
612 the Compact from any legal challenge, as well as to seek civil
613 mandatory and prohibitory injunctive relief to enforce this
614 Compact, and shall take such action whenever the Compact is
615 challenged or violated.
616 Section 4. Venue.—The exclusive venue for all actions in
617 any way arising under this Compact shall be in the United States
618 District Court for the Northern District of Texas or the courts
619 of the State of Texas within the jurisdictional boundaries of
620 the foregoing district court. Each Member State shall submit to
621 the jurisdiction of said courts with respect to such actions.
622 However, upon written request by the chief law enforcement
623 officer of any Member State, the Commission may elect to waive
624 this provision for the purpose of ensuring an action proceeds in
625 the venue that allows for the most convenient and effective
626 enforcement or defense of this Compact. Any such waiver shall be
627 limited to the particular action to which it is applied and not
628 construed or relied upon as a general waiver of this provision.
629 The waiver decisions of the Commission under this provision
630 shall be final and binding on each Member State.
631 Section 5. Effective Date.—The effective date of this
632 Compact and any of its Articles is the latter of:
633 (a) The date of any event rendering the same effective
634 according to its respective terms and conditions; or
635 (b) The earliest date otherwise permitted by law.
636 Section 6. Severability and Invalidity.—Article VIII of
637 this Compact is hereby deemed nonseverable prior to termination
638 of the Compact. However, if any other phrase, clause, sentence,
639 or provision of this Compact, or the applicability of any other
640 phrase, clause, sentence, or provision of this Compact to any
641 government, agency, person, or circumstance, is declared in a
642 final judgment to be contrary to the Constitution of the United
643 States, contrary to the state constitution of any Member State,
644 or is otherwise held invalid by a court of competent
645 jurisdiction, such phrase, clause, sentence, or provision shall
646 be severed and held for naught, and the validity of the
647 remainder of this Compact and the applicability of the remainder
648 of this Compact to any government, agency, person, or
649 circumstance shall not be affected. Furthermore, if this Compact
650 is declared in a final judgment by a court of competent
651 jurisdiction to be entirely contrary to the state constitution
652 of any Member State or otherwise entirely invalid as to any
653 Member State, such Member State shall be deemed to have
654 withdrawn from the Compact, and the Compact shall remain in full
655 force and effect as to any remaining Member State. Finally, if
656 this Compact is declared in a final judgment by a court of
657 competent jurisdiction to be wholly or substantially in
658 violation of Article I, Section 10, of the Constitution of the
659 United States, then it shall be construed and enforced solely as
660 reciprocal legislation enacted by the affected Member State(s).
661 Section 7. Termination.—This Compact shall terminate and be
662 held for naught when the Compact is fully performed and the
663 Constitution of the United States is amended by the Balanced
664 Budget Amendment. However, notwithstanding anything to the
665 contrary set forth in this Compact, in the event such amendment
666 does not occur within 7 years after the first State passes
667 legislation enacting, adopting, and agreeing to be bound to this
668 Compact, the Compact shall terminate as follows:
669 (a) The Commission shall dissolve and wind up its
670 operations within 90 days thereafter, with the Compact
671 Administrator giving notice of such dissolution and the
672 operative effect of this section to the Compact Notice
673 Recipients; and
674 (b) Upon the completed dissolution of the Commission, this
675 Compact shall be deemed terminated, repealed, void ab initio,
676 and held for naught.
677 Section 2. This act shall take effect upon becoming a law.