Comparing SB 102 → SB 414 — Compact for Balanced Budget.

Struck = only in SB 102 · added = only in SB 414.

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32-LS0569\A SENATE BILL NO.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 414 Short Title:
102 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY SENATOR HUGHES Introduced:
Compact for Balanced Budget.
3/10/21 Referred:
(Public) Sponsors:
State Affairs, Finance A BILL FOR AN ACT ENTITLED "An Act relating to the Compact for a Balanced Budget." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
Senators Edwards, Sanderson, and Burgin (Primary Sponsors).
* Section 1.
Referred to:
AS 44.99.610 is amended to read:
Rules and Operations of the Senate March 31, 2021 A BILL TO BE ENTITLED AN ACT TO ADOPT THE COMPACT FOR A BALANCED BUDGET.
Sec.
The General Assembly of North Carolina enacts:
44.99.610.
SECTION 1.
Compact terms.
The General States of North Carolina are amended by adding a new Chapter to read:
The terms and provisions of the compact referred to in AS 44.99.600 are as follows:
" Chapter 143F.
COMPACT FOR A BALANCED BUDGET ARTICLE I DECLARATION OF POLICY, PURPOSE AND INTENT Whereas, every State enacting, adopting and agreeing to be bound by this Compact intends to ensure that their respective Legislature's use of the power to originate a Balanced Budget Amendment under Article V of the Constitution of the United States will be exercised conveniently and with reasonable certainty as to the consequences thereof.
"Compact for a Balanced Budget.
Now, therefore, in consideration of their expressed mutual promises and obligations, be it enacted by every State enacting, adopting and agreeing to be bound SB0102A -1- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A by this Compact, and resolved by each of their respective Legislatures, as the case may be, to exercise herewith all of their respective powers as set forth herein notwithstanding any law to the contrary.
"§ 143F-1.
ARTICLE II DEFINITIONS Section 1.
Compact for balanced budget.
"Compact" means this "Compact for a Balanced Budget." Section 2.
The State of North Carolina enacts, adopts and agrees to be bound by the following compact.
"Convention" means the convention for proposing amendments organized by this Compact under Article V of the Constitution of the United States and, where contextually appropriate to ensure the terms of this Compact are not evaded, any other similar gathering or body, which might be organized as a consequence of Congress receiving the application set out in this Compact and claim authority to propose or effectuate any amendment, alteration or revision to the Constitution of the United States.
COMPACT FOR BALANCED BUDGET ARTICLE I Declaration of Policy, Purpose and Intent Whereas, every State enacting, adopting and agreeing to be bound by this Compact intends to ensure that their respective Legislature's use of the power to originate a Balanced Budget Amendment under Article V of the Constitution of the United States will be exercised conveniently and with reasonable certainty as to the consequences thereof.
This term does not encompass a convention for proposing amendments under Article V of the Constitution of the United States that is organized independently of this Compact based on the separate and distinct application of any State.
Now, therefore, in consideration of their expressed mutual promises and obligations, be it enacted by every State enacting, adopting and agreeing to be bound by this Compact, and resolved by each of their respective Legislatures, as the case may be, to exercise herewith all of their respective powers as set forth herein notwithstanding any law to the contrary.
Section 3.
ARTICLE II Definitions.
"State" means one of the several States of the United States.
(1) "Compact" means this "Compact for a Balanced Budget." (2) "Convention" means the convention for proposing amendments organized by this Compact under Article V of the Constitution of the United States and, where contextually appropriate to ensure the terms of this Compact are not evaded, any other similar gathering or body, which might be organized as a consequenceofCongress receivingtheapplicationset out in thisCompact and claim authorityto propose or effectuate anyamendment, alteration or revision to the Constitution of the United States.
This term does not encompass a convention for proposing amendments under Article V of the Constitution of *S414-v-1* General Assembly Of North Carolina Session 2021 the United States that is organized independently of this Compact based on the separate and distinct application of any State.
(3) "State" means one of the several States of the United States.
Section 4.
(4) "Member State" means a State that has enacted, adopted and agreed to be bound to this Compact.
"Member State" means a State that has enacted, adopted and agreed to be bound to this Compact.
Section 5.
(5) "Compact Notice Recipients" means the Archivist of the United States, the President of the United States, the President of the United States Senate, the Office of the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Office of the Clerk of the United States House of Representatives, the chief executive officer of each State, and the presiding officer(s) of each house of the Legislatures of the several States.
"Compact Notice Recipients" means the Archivist of the United States, the President of the United States, the President of the United States Senate, the Office of the Secretary of the United States Senate, the Speaker of the United States House of Representatives, the Office of the Clerk of the United States House of Representatives, the chief executive officer of each State, and the presiding officer(s) of each house of the Legislatures of the several States.
(6) "Notice" All notices required bythis Compact shall be byU.S.
Section 6.
Certified Mail, return receipt requested, or an equivalent or superior form of notice, such as personal delivery documented by evidence of actual receipt.
Notice.
(7) "Balanced Budget Amendment" means the following:
All notices required by this Compact shalle by U.S.
"Article ___ Section 1.
SB 102 -2- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Certified Mail, return receipt requested, or an equivalent or superior form of notice, such as personal delivery documented by evidence of actual receipt.
Section 7.
"Balanced Budget Amendment" means the following:
"Article _______________ Section 1.
Outstanding debt shall not exceed authorized debt, which initially shall be an amount equal to 105 percent of the outstanding debt on the effective date of this article.
Outstanding debt shall not exceed authorized debt, which initiallyshall be an amount equal to 105 percent of the outstanding debt on the effective date ofthis article.
Authorized debt shall not be increased above its aforesaid initial amount unless such increase is first approved by the legislatures of the several states as provided in Section 3.
Authorizeddebt shall not beincreasedaboveits aforesaid initial amount unless such increase is first approved bythe legislatures of the several states as provided in Section 3.
Whenever the outstanding debt exceeds 98 percent of the debt limit set by Section 2, the President shall enforce said limit by publicly designating specific expenditures for impoundment in an amount sufficient to ensure outstanding debt shall not exceed the authorized debt.
Whenever the outstanding debt exceeds 98 percent of the debt limit set by Section 2, the President shall enforce said limit by publicly designating specific expenditures for impoundment in an amount sufficient to ensure outstandingdebt shallnot exceedtheauthorizeddebt.Saidimpoundmentshall Page 2 Senate Bill 414-First Edition General Assembly Of North Carolina Session 2021 become effective thirty (30) days thereafter, unless Congress first designates an alternate impoundment of the same or greater amount by concurrent resolution, which shall become immediately effective.
Said impoundment shall become effective thirty (30) days thereafter, unless Congress first designates an alternate impoundment of the same or greater amount by concurrent resolution, which shall become immediately effective.
The failure of the President to designateor enforcethe requiredimpoundment is animpeachable misdemeanor.
The failure of the President to designate or enforce the required impoundment is an impeachable misdemeanor.
Any purported issuance or incurrence of any debt in excess of the debt limit set by Section 2 is void.
Any purported issuance or incurrence SB0102A -3- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A of any debt in excess of the debt limit set by Section 2 is void.
8 Section 5.
Section 5.
No bill that provides for a new or increased general revenue tax shall becomelawunlessapprovedbyatwo-thirdsrollcallvoteofthewholenumber of each House of Congress.
No bill that provides for a new or increased general revenue tax shall become law unless approved by a two-thirds roll call vote of the whole number of each House of Congress.
However, this requirement shall not apply to any bill that provides for a new end user sales tax which would completelyreplace every existing income tax levied by the government of the United States;
However, this requirement shall not apply to any bill that provides for a new end user sales tax which would completely replace every existing income tax levied by the government of the United States;
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This article is immediately operative upon ratification, self- enforcing, and Congress may enact conforming legislation to facilitate enforcement." ARTICLE III COMPACT MEMBERSHIP AND WITHDRAWAL Section 1.
This article is immediately operative upon ratification, self-enforcing, and Congress may enact conforming legislation to facilitate enforcement." ARTICLE III Compact Membership and Withdrawal.
This Compact governs each Member State to the fullest extent permitted by their respective constitutions, superseding and repealing any conflicting or contrary law.
(a) This Compact governs each Member State to the fullest extent permitted by their respective constitutions, superseding and repealing any conflicting or contrary law.
Section 2.
(b) Bybecoming a Member State, each such State offers, promises and agrees to perform and comply strictly in accordance with the terms and conditions of this Compact, and has made suchoffer,promiseand agreementinanticipationandconsiderationof,andinsubstantial reliance upon, such mutual and reciprocal performance and compliance by each other current and future Member State, if any.
By becoming a Member State, each such State offers, promises and agrees to perform and comply strictly in accordance with the terms and conditions of this Compact, and has made such offer, promise and agreement in anticipation and SB 102 -4- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A consideration of, and in substantial reliance upon, such mutual and reciprocal performance and compliance by each other current and future Member State, if any.
(a) at least one other State has likewise become a Member State by enacting substantively identical legislation adopting and agreeing to be bound by this Compact;
(1) at least one other State has likewise become a Member State by enacting substantively identical legislation adopting and agreeing to be bound by this Compact;
and (b) notice of such State's Member State status is or has been seasonably received by the Compact Administrator, if any, or otherwise by the chief executive officer of each other Member State.
and (2) notice of such State's Member State status is or has been seasonably received by the compact Administrator, if any, or by the executive officer of each other Member State.
Section 3.
Senate Bill 414-First Edition Page 3 General Assembly Of North Carolina Session 2021 (c) For purposes of determining Member State status under this Compact, as long as all other provisions of the Compact remain identical and operative on the same terms, legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed and regarded as "substantively identical" with respect to such other legislation enacted by another State notwithstanding:
For purposes of determining Member State status under this Compact, as long as all other provisions of the Compact remain identical and operative on the same terms, legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed and regarded as "substantively identical" with respect to such other legislation enacted by another State notwithstanding:
(1) Any difference in section 2 of Article IV with specific regard to the respectively enacting State's own method of appointing its member to the Commission;
(a) any difference in section 2 of Article IV with specific regard to the respectively enacting State's own method of appointing its member to the Commission;
(2) Any difference in section 5 of Article IV with specific regard to the respectively enacting State's own obligation to fund the Commission;
(b) any difference in section 5 of Article IV with specific regard to the respectively enacting State's own obligation to fund the Commission;
(3) Any difference in sections 1 and 2 of Article VI with specific regard to the number and identity of each delegate respectively appointed on behalf of the enacting State, provided that no more than three delegates may attend and participate in the Convention on behalf of any State;
(c) any difference in section 1 and 2 of Article VI with specific regard to the number and identity of each delegate respectively appointed on behalf of the enacting State, provided that no more than three delegates may attend and participate in the Convention on behalf of any State;
(4) Any difference in section 7 of Article X with specific regard to the respectively enacting State as to whether section 1 of Article V of this Compact shall survive termination of the Compact and thereafter become a continuing resolution of the Legislature of such State applying to Congress for the calling of a convention of the states under Article V of the Constitution of the United States, under such terms and limitations as may be specified by such State.
or (d) any difference in section 7 of Article X with specific regard to the respectively enacting State as to whether section 1 of Article V of this Compact shall survive termination of this Compact, and thereafter become a continuing resolution of the Legislature of such State applying to Congress for the calling of a convention of the states under Article V of the Constitution of the United States, under such terms and limitations as may be specified by such State.
(d) When fewer than three-fourths of the States are Member States, any Member State maywithdraw from this Compact byenactingappropriate legislation, as determined bystate law, and giving notice of such withdrawal to the Compact Administrator, if any, or otherwise to the chief executive officer of each other Member State.
Section 4.
A withdrawal shall not affect the validity or applicabilityofthe compact with respect to remainingMember States, providedthatthere remain at least two such States.
When fewer than three-fourths of the States are Member States, any Member State may withdraw from this Compact by enacting appropriate legislation, as determined by state law, and giving notice of such withdrawal to the Compact SB0102A -5- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Administrator, if any, or otherwise to the chief executive officer of each other Member State.
However, once at least three-fourths of the States are Member States, thenno MemberStatemaywithdrawfrom theCompact priorto its termination absent unanimous consent of all Member States.
A withdrawal shall not affect the validity or applicability of the compact with respect to remaining Member States, provided that there remain at least two such States.
ARTICLE IV Compact Commission and Compact Administrator.
However, once at least three-fourths of the States are Member States, then no Member State may withdraw from the Compact prior to its termination absent unanimous consent of all Member States.
(a) Nature of the Compact Commission.
ARTICLE IV COMPACT COMMISSION AND COMPACT ADMINISTRATOR Section 1.
Nature of the Compact Commission.
(a) to appoint and oversee a Compact Administrator;
(1) To appoint and oversee a Compact Administrator;
(b) to encourage States to join the Compact and Congress to call the Convention in accordance with this Compact;
(2) To encourage States to join the Compact and Congress to call the Convention in accordance with this Compact;
(c) to coordinate the performance of obligations under the Compact;
(3) To coordinate the performance of obligations under the Compact;
(d) to oversee the Convention's logistical operations as appropriate to ensure this Compact governs its proceedings;
(4) To oversee the Convention's logistical operations as appropriate to ensure this Compact governs its proceedings;
(e) to oversee the defense and enforcement of the Compact in appropriate legal venues;
(5) To oversee the defense and enforcement of the Compact in appropriate legal venues;
(f) to request funds and to disburse those funds to support the operations of the Commission, Compact Administrator, and Convention;
(6) To request funds and to disburse those funds to support the operations of the Commission, Compact Administrator, and Convention;
and (g) to cooperate with any entity that shares a common interest with the Commission and engages in policy research, public interest litigation or lobbying in support of the purposes of the Compact.
and (7) To cooperate with any entity that shares a common interest with the Commission and engages in policy research, public interest litigation or lobbying in support of the purposes of the Compact.
It shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact.
It shall take no action that contravenes or is inconsistent with this Page 4 Senate Bill 414-First Edition General Assembly Of North Carolina Session 2021 Compact oranylawofanyState thatis not superseded bythis Compact.
It may adopt and publish corresponding bylaws and policies.
It mayadopt and publish corresponding bylaws and policies.
Section 2.
(b) Commission Membership.
Commission Membership.
The bylaws of the Commission may expand its membership to include representatives of additional Member States and to allow for modest salaries and reimbursement of expenses if adequate funts.g exis SB 102 -6- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Section 3.
The bylaws of the Commission may expand its membership to include representatives of additional Member States and to allow for modest salaries and reimbursement of expenses if adequate funding exists.
Commission Action.
(c) Commission Action.
The Commission shall not act unless a majority of its appointed membership is present, and no action shall be binding unless approved by a majority of the Commission's appointed membership.
The Commission shall not act unless a majorityof its appointed membership is present, and no action shall be binding unless approved by a majority of the Commission's appointed membership.
The Commission shall meet at least once a year, and may meet more frequently.
The Commission shall meet at least once a year and may meet more frequently.
Section 4.
(d) First Order of Business.
First Order of Business.
Section 5.
(e) Funding.
Funding.
The CommissionandtheCompact Administrator's activitiesshall befunded exclusively by each Member State, as determined by their respective state law, or by voluntary donations.
The Commission and the Compact Administrator's activities shall be funded exclusively by each Member State, as determined by their respective state law, or by voluntary donations.
(f) Compact Administrator.
Section 6.
Compact Administrator.
(a) to timely notify the States of the date, time and location of the Convention;
(1) To timely notify the States of the date, time and location of the Convention;
(b) to organize and direct the logistical operations of the Convention;
(2) To organize and direct the logistical operations of the Convention;
(c) to maintain an accurate list of all Member States, their appointed delegates, including contact information;
(3) To maintain an accurate list of all Member States, their appointed delegates, including contact information;
and (d) to formulate, transmit, and maintain all official notices, records, and communications relating to this Compact.
and (4) To formulate, transmit, and maintain all official notices, records, and communications relating to this Compact.
Section 7.
(g) Notice of KeyEvents.
Notice of Key Events.
(a) whenever any State becomes a SB0102A -7- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Member State, notice of that fact shall be given;
(1) Whenever any State becomes a Member State, notice of that fact shall be given;
(b) once at least three-fourths of the States are Member States, notice of that fact shall be given together with a statement declaring that the Legislatures of at least two-thirds of the several States have applied for a convention for proposing amendments under Article V of the Constitution of the United States, petitioning Congress to call the Convention contemplated by this Compact, and further requesting cooperation in organizing the same in accordance with this Compact;
(2) Once at least three-fourths of the States are Member States, notice of that fact shall be given together with a statement declaring that the Legislatures of at least two-thirds of the several States have applied for a convention for proposing amendments under Article V of the Constitution of the United States, petitioning Congress to call the Convention contemplated by this Compact, and further requesting cooperation in organizing the same in accordance with this Compact;
(c) once Congress has called the Convention contemplated by this Compact, and whenever the date, time and location of the Convention has been determined, notice of that fact shall be given together with the date, time and location of the Convention and other essential logistical matters;
(3) Once Congress has called the Convention contemplated by this Compact, and whenever the date, time and location of the Convention has been determined, Senate Bill 414-First Edition Page 5 General Assembly Of North Carolina Session 2021 notice of that fact shall be given together with the date, time and location of the Convention and other essential logistical matters;
(d) upon approval of the Balanced Budget Amendment by the Convention, notice of that fact shall be given together with the transmission of certified copies of such approved proposed amendment and a statement requesting Congress to refer the same for ratification by three-fourths of the Legislatures of the several States under Article V of the Constitution of the United States (however, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted);
(4) Upon approval ofthe Balanced Budget Amendment bytheConvention,notice of that fact shall be given together with the transmission of certified copies of such approved proposed amendment and a statement requesting Congress to refer the same for ratification by three-fourths of the Legislatures of the several States under Article V of the Constitution of the United States (however, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted);
and (e) when any Article of this Compact prospectively ratifying the Balanced Budget Amendment is effective in any Member State, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States.
and (5) When any Article of this Compact prospectively ratifying the Balanced Budget Amendment is effective in anyMember State, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States.
Section 8.
(h) Cooperation.
Cooperation.
The Commission, Member States and Compact Administrator shall cooperate with each other and give each other mutual assistance in enforcing this Compact and shall give the chief law enforcement officer of each other Member State any information or documents that are reasonably necessary to facilitate the enforcement of this Compact.
The Commission, Member States and Compact Administrator shall cooperate with each other and give each other mutual assistance in enforcing this Compact and shall give the chief law enforcement officer of each other Member State any information or documents that are reasonably necessary to facilitate SB 102 -8- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A the enforcement of this Compact.
(i) This Article does not take effect until there are at least two Member States.
Section 9.
ARTICLE V Resolution Applying for Convention.
This Article does not take effect until there are at least two Member States.
(a) Be it resolved, as provided for in Article V of the Constitution of the United States, the Legislature of each Member State herewith applies to Congress for the calling of a convention for proposing amendments limited to the subject matter of proposing for ratification 23 the Balanced Budget Amendment.
ARTICLE V RESOLUTION APPLYING FOR CONVENTION Section 1.
(b) Congress is further petitioned to refer the Balanced Budget Amendment to the States for ratification by three-fourths of their respective Legislatures.
Be it resolved, as provided for in Article V of the Constitution of the United States, the Legislature of each Member State herewith applies to Congress for the calling of a convention for proposing amendments limited to the subject matter of proposing for ratification the Balanced Budget Amendment.
Section 2.
Congress is further petitioned to refer the Balanced Budget Amendment to the States for ratification by three-fourths of their respective Legislatures.
ARTICLE VI DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS Section 1.
ARTICLE V.
Number of Delegates.
Delegate Appointment, Limitations, and Instructions.
Each Member State shall be entitled to three delegates to represent its sovereign interests [ONE DELEGATE AS ITS SOLE AND EXCLUSIVE REPRESENTATIVE] at the Convention [AS SET FORTH IN THIS ARTICLE].
(a) Number of Delegates.
Section 2.
Each Member State shall be entitled to one delegate as its sole and exclusive representative at the Convention as set forth in this Article.
Identity of Delegates.
(b) Identity of Delegates.
The Governor, Speaker of the House of Representatives, and President of the Senate of this Member State who hold office at the time of the Convention, or their respective designee, as identified in a sworn affidavit executed by such officer, are each appointed in an individual capacity to represent this Member State at the Convention as its sole and exclusive delegates.
Each Member State's chief executive officer, who is serving on the enactment date of this Compact, is appointed in an individual capacity to represent his or her respective State at the Convention as its sole and exclusive delegate.
A majority vote of this delegation shall serve to decide any issue at the Convention on behalf of this Member State [EACH MEMBER STATE'S CHIEF EXECUTIVE OFFICER, WHO IS SERVING ON THE ENACTMENT DATE OF THIS COMPACT, IS APPOINTED IN AN INDIVIDUAL CAPACITY TO REPRESENT HIS OR HER RESPECTIVE STATE AT THE CONVENTION AS ITS SOLE AND EXCLUSIVE DELEGATE].
(c) Replacement or Recall of Delegates.
SB0102A -9- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Section 3.
A delegate appointed hereunder may be replaced or recalled by the Legislature of his or her respective State at any time for good cause, such as criminal misconduct ortheviolationofthisCompact.
Replacement or Recall of Delegates.
Ifreplaced orrecalled, anydelegate previously appointed hereunder must immediately vacate the Convention and return to their respective State's capitol.
A delegate appointed hereunder may be replaced or recalled by the Legislature of his or her respective State at any time for good cause, such as criminal misconduct or the violation of this Compact.
Page 6 Senate Bill 414-First Edition General Assembly Of North Carolina Session 2021 (d) Oath.
If replaced or recalled, any delegate previously appointed hereunder must immediately vacate the Convention and return to delegate's respective State's capitol.
Section 4.
Oath.
I understand that violating this oath (or affirmation) forfeits my appointment and may subject me to other penalties as provided by law." Section 5.
I understand that violating this oath (or affirmation) forfeits my appointment and may subject me to other penalties as provided by law." (e) Term.
Term.
Upon expiration of such term, any person formerly serving as a delegate must immediately withdraw from and cease participation at the Convention, if any is proceeding.
Upon expiration of such term, any person formerly servingas a delegatemust immediatelywithdraw fromand ceaseparticipationat the Convention, if any is proceeding.
Section 6.
(f) Delegate Authority.
Delegate Authority.
(a) to introducing, debating, voting upon, proposing and enforcing the Convention Rules specified in this Compact, as needed to ensure those rules govern the Convention;
(1) To introducing, debating, voting upon, proposing and enforcing the Convention Rules specified in this Compact, as needed to ensure those rules govern the Convention;
and (b) to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment.
and (2) To introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment.
Section 7.
(g) Delegate Authority.
Delegate Authority.
(a) the Convention Rules specified in this Compact govern the Convention and their actions;
(1) The Convention Rules specified in this Compact govern the Convention and their actions;
and (b) the co nstitutional amendment is the Balanced Budget Amendment.
and (2) The constitutional amendment is the Balanced Budget Amendment.
Section 8.
(h) Delegate Authority.
Delegate Authority.
The power and authority of any delegate at the Convention does not include any power or authority associated with any other public office held by the delegate.
The power and authority of any delegate at the SB 102 -10- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Convention does not include any power or authority associated with any other public office held by the delegate.
Anyperson appointed to serve as a delegate shall take a temporaryleave of absence, or otherwise shall be deemed temporarily disabled, from any other public office held by the delegate while attending the Convention, and maynot exercise any power or authorityassociated with anyother public office held by the delegate, while attending the Convention.
Any person appointed to serve as a delegate shall take a temporary leave of absence, or otherwise shall be deemed temporarily disabled, from any other public office held by the delegate while attending the Convention, and may not exercise any power or authority associated with any other public office held by the delegate while attending the Convention.
Section 9.
(i) Order of Business.
Order of Business.
Section 10.
(j) Forfeiture of Appointment.
Forfeiture of Appointment.
If any Member State or delegate violates anyprovision of this Compact, then every delegate of that Member State immediately forfeits his or her appointment, and shall immediately cease participation at the Convention, vacate the Convention, and return to his or her respective State's capitol.
If any Member State or delegate violates any provision of this Compact, then every delegate of that Member State immediately forfeits his or her appointment, and shall immediately cease participation at the Convention, vacate the Convention, and return to his or her respective State's capitol.
(k) Expenses.
Section 11.
A delegate appointed hereunder is entitled to reimbursement of reasonable expenses forattendingtheConventionfrom his or herrespective MemberState.Nodelegate may accept any other form of remuneration or compensation for service under this Compact.
Expenses.
ARTICLE VII Convention Rules.
A delegate appointed hereunder is entitled to reimbursement of reasonable expenses for attending the Convention from his or her respective Member State.
Senate Bill 414-First Edition Page 7 General Assembly Of North Carolina Session 2021 (a) Nature of the Convention.
No delegate may accept any other form of remuneration or compensation for service under this Compact.
ARTICLE VII CONVENTION RULES Section 1.
Nature of the Convention.
Section 2.
(b) Agenda of the Convention.
Agenda of the Convention.
The agenda of the Convention shall be entirely focused upon and exclusively limited to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment under the Convention Rules specified in this ArticleandinaccordancewiththeCompact.
The agenda of the Convention shall be entirely focused upon and exclusively limited to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment under the SB0102A -11- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Convention Rules specified in this Article and in accordance with the Compact.
ItshallnotbeinorderfortheConventionto consider any matter that is outside the scope of this agenda.
It shall not be in order for the Convention to consider any matter that is outside the scope of this agenda.
(c) Delegate Identity and Procedure.
Section 3.
Delegate Identity and Procedure.
A certified chaptered conforming copy of this Compact, together with government- issued photographic proof of identification, shall suffice as credentials for delegates of Member States.
A certified chaptered conforming copy of this Compact, together with government-issued photographic proof of identification, shall suffice as credentials for delegates of Member States.
Section 4.
(d) Voting.
Voting.
Section 5.
(e) Quorum.
Quorum.
Section 6.
(f) Action bytheConvention.TheConventionshallonlyact as acommitteeofthewhole, chaired by the delegate representing the first State to have become a Member State, if that State is represented by one delegate, or otherwise by the delegate chosen by the majority vote of that State's respective delegates.
Action by the Convention.
The Convention shall only act as a committee of the whole chaired by the delegate representing the first State to have become a Member State, if that State is represented by one delegate, or otherwise by the delegate chosen by the majority vote of that State's respective delegates.
SB 102 -12- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Section 7.
(g) Emergency Suspension and Relocation of the Convention.
Emergency Suspension and Relocation of the Convention.
Section 8.
(h) Parliamentary Procedure.
Parliamentary Procedure.
In adopting, applying and formulating parliamentary procedure, the Convention shall exclusivelyadopt, applyor appropriatelyadapt provisions of the most recent editions of Robert's Rules of Order and the American Institute of Parliamentarians Standard Code of Parliamentary Procedure.
In adopting, applying and formulating parliamentary procedure, the Convention shall exclusively adopt, apply or appropriately adapt provisions of the most recent editions of Robert's Rules of Order and the American Institute of Parliamentarians Standard Code of Parliamentary Procedure.
Parliamentary procedures adopted, applied or adapted pursuant to this section shall not obstruct, override, or otherwise conflict with this Compact.
Parliamentary procedures adopted, applied or adapted pursuant to this section shall not obstruct, override or otherwise conflict with this Compact.
Section 9.
(i) Transmittal.
Transmittal.
Upon approval of the Balanced Budget Amendment by the Convention toproposeforratification,theChairoftheConventionshallimmediatelytransmitcertified copies of such approved proposed amendment to the Compact Administrator and all Compact Notice Recipients, notifying them respectively of such approval and requesting Congress to refer the Page 8 Senate Bill 414-First Edition General Assembly Of North Carolina Session 2021 same for ratification by the States under Article V of the Constitution of the United States.
Upon approval of the Balanced Budget Amendment by the Convention to propose for ratification, the Chair of the Convention shall immediately transmit certified copies of such approved proposed amendment to the Compact Administrator and all Compact Notice Recipients, notifying them respectively of such approval and requesting Congress to refer the same for ratification by the States under Article V of the Constitution of the United States.
Section 10.
(j) Transparency.
Transparency.
All proceedings and records of the Convention shall be open to the public upon request subject to reasonable regulations adopted by the Convention that are closely tailored to preventing disruption of proceedings under this Article.
All proceedings and records of the Convention shall be open to the public upon request subject to reasonable regulations adopted by the convention that are closely tailored to preventing disruption of proceedings under this Article.
Section 11.
(k) Adjournment of the Convention.
Adjournment of the Convention.
The Convention shall permanently adjourn upon the earlier of twenty-four (24) hours after commencing proceedings under this Article or the completion of the business on its Agenda.
The Convention shall SB0102A -13- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A permanently adjourn upon the earlier of twenty-four (24) hours after commencing ARTICLE VIII PROHIBITION ON ULTRA VIRES CONVENTION Section 1.
ARTICLE VII Prohibition on Ultra Vires Convention (a) Member States shall not participate in the Convention unless:
Member States shall not participate in the Convention unless:
(1) Congress first calls the Convention in accordance with this Compact;
(a) Congress first calls the Convention in accordance with this Compact;
and (2) The Convention Rules of this Compact are adopted by the Convention as its first order of business.
and (b) the Convention Rules of this Compact are adopted by the Convention as its first order of business.
(b) Any proposal or action of the Convention is void ab initio and issued by a body that is conducting itself in an unlawful and ultra vires fashion if that proposal or action:
Section 2.
(1) Violates or was approved in violation of the Convention Rules or the delegate instructions and limitations on delegate authority specified in this Compact;
Any proposal or action of the Convention is void ab initio and issued by a body that is conducting itself in an unlawful and ultra vires fashion if that proposal or action:
(2) Purports to propose or effectuate a mode of ratification that is not specified in Article V of the Constitution of the United States;
(a) violates or was approved in violation of the Convention Rules or the delegate instructions and limitations on delegate authority specified in this Compact;
or (3) Purports to propose or effectuate the formation of a new government.
(b) purports to propose or effectuate a mode of ratification that is not specified in Article V of the Constitution of the United States;
All Member States are prohibited from advancing or assisting in the advancement of any such proposal or action n.
or (c) purports to propose or effectuate the formation of a new government.
(c) Member States shall not ratify or otherwise approve any proposed amendment, alteration or revision to the Constitution of the United States, which originates from the Convention, other than the Balanced Budget Amendment.
All Member States are prohibited from advancing or assisting in the advancement of any such proposal or action.
ARTICLE IX Resolution Prospectively Ratifying the Balanced Budget Amendment (a) Each Member State, by and through its respective Legislature, hereby adopts and ratifies the Balanced Budget Amendment.
Section 3.
(b) This Article does not take effect until Congress effectively refers the Balanced Budget Amendment to the States for ratification by three-fourths of the Legislatures of the several States under Article V of the Constitution of the United States.
Member States shall not ratify or otherwise approve any proposed amendment, alteration or revision to the Constitution of the United States, which originates from the Convention, other than the Balanced Budget Amendment.
ARTICLE X Construction, Enforcement, Venue, and Severability (a) To the extent that the effectiveness of this Compact or anyof its Articles or provisions require the alteration of local legislative rules, drafting policies, or procedure to be effective, the enactment of legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed to waive, repeal, supersede, or otherwise amend and conform all such rules, policies or procedures to allow for the effectiveness of this Compact to the fullest extent permitted by the constitution of any affected Member State.
ARTICLE IX RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET AMENDMENT Section 1.
Senate Bill 414-First Edition Page 9 General Assembly Of North Carolina Session 2021 (b) Date and Location of the Convention.
Each Member State, by and through its respective Legislature, hereby adopts and ratifies the Balanced Budget Amendment.
Section 2.
This Article does not take effect until Congress effectively refers the Balanced Budget Amendment to the States for ratification by three-fourths of the Legislatures of the several States under Article V of the Constitution of the United States.
ARTICLE X CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY Section 1.
To the extent that the effectiveness of this Compact or any of its SB 102 -14- SB0102A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0569\A Articles or provisions requires the alteration of local legislative rules, drafting policies, or procedure to be effective, the enactment of legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed to waive, repeal, supersede, or otherwise amend and conform all such rules, policies or procedures to allow for the effectiveness of this Compact to the fullest extent permitted by the constitution of any affected Member State.
Section 2.
Date and Location of the Convention.
Section 3.
(c) In addition to all other powers and duties conferred by state law which are consistent with theterms and conditions ofthis Compact, the chieflawenforcementofficerofeach Member State is empowered to defend the Compact from any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief to enforce this Compact;
In addition to all other powers and duties conferred by state law which are consistent with the terms and conditions of this Compact, the chief law enforcement officer of each Member State is empowered to defend the Compact from any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief to enforce this Compact;
Section 4.
(d) The exclusive venue for all actions in any way arising under this Compact shall be in the United States District Court for the Northern District of Texas or the courts of the State of Texas within the jurisdictional boundaries of the foregoing district court.
The exclusive venue for all actions in any way arising under this Compact shall be in the United States District Court for the Northern District of Texas or the courts of the State of Texas within the jurisdictional boundaries of the foregoing district court.
Section 5.
(e) The effective date of this Compact and any of its Articles is the latter of:
The effective date of this Compact and any of its Articles is the latter of:
(1) The date of any event rendering the same effective according to its respective terms and conditions;
(a) the date of any event rendering the same effective according to its respective terms and conditions;
or (2) The earliest date otherwise permitted by law.
or (b) the earliest dawise permitted by law.
(f) Article VIII of this Compact is hereby deemed non-severable prior to termination of the Compact.
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However, if any other phrase, clause, sentence or provision of this Compact, or the applicability of any other phrase, clause, sentence or provision of this Compact to any government, agency, person or circumstance, is declared in a final judgment to be contraryto the Constitution of the United States, contrary to the state constitution of any Member State, or is otherwise held invalid by a court of competent jurisdiction, such phrase, clause, sentence or provision shall be severed and held for naught, and the validity of the remainder of this Compact and the applicability of the remainder of this Compact to any government, agency, person or circumstance shall not be affected.
Article VIII of this Compact is hereby deemed non-severable prior to termination of the Compact.
Furthermore, if this Compact is declared in a final judgment byacourtofcompetentjurisdictiontobeentirelycontrarytothestateconstitutionofanyMember State or otherwise entirely invalid as to any Member State, such Member State shall be deemed to have withdrawn from the Compact, and the Compact shall remain in full force and effect as to any remaining Member State.
However, if any other phrase, clause, sentence or provision of this Compact, or the applicability of any other phrase, clause, sentence or provision of this Compact to any government, agency, person or circumstance, is declared in a final judgment to be contrary to the Constitution of the United States, contrary to the state constitution of any Member State, or is otherwise held invalid by a court of competent jurisdiction, such phrase, clause, sentence or provision shall be severed and held for naught, and the validity of the remainder of this Compact and the applicability of the remainder of this Compact to any government, agency, person or circumstance shall not be affected.
Finally, if this Compact is declared in a final judgment by a court of competent jurisdiction to be whollyor substantially in violation of Article I, Section 10, of the Constitution of the United States, then it shall be construed and enforced solely as reciprocal legislation enacted by the affected Member State(s).
Furthermore, if this Compact is declared in a final judgment by a court of competent jurisdiction to be entirely contrary to the state constitution of any Member State or otherwise entirely invalid as to any Member State, such Member State shall be deemed to have withdrawn from the Compact, and the Compact shall remain in full force and effect as to any remaining Member State.
(g) Termination.
Finally, if this Compact is declared in a final judgment by a court of competent jurisdiction to be wholly or substantially in violation of Article I, Section 10, of the Constitution of the United States, then it shall be construed and enforced solely as reciprocal legislation enacted by the affected Member State(s).
Section 7.
Termination.
However, notwithstanding anything to the contrary set forth in this Compact, in the event such amendment does not occur on or before April 12, 2031 [WITHIN SEVEN (7) YEARS AFTER THE FIRST STATE PASSES LEGISLATION ENACTING, ADOPTING AND AGREEING TO BE BOUND TO THIS COMPACT], the Compact shall terminate as follows:
However, notwithstanding anything to the contrary set forth in this Compact, in the event such amendment does not occur on or before April 12, 2031, the Compact shall terminate as follows:
and (b) upon the completed dissolution of the Commission, this Compact shall be deemed terminated, repealed, void ab initio, and held for naught.
and (b) upon the completed dissolution of the Commission, this Compact shall be deemed terminated, repealed, void ab initio, and held for naught." SECTION 2.
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This act is effective when it becomes law.
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