Bill Text: MI SB0306 | 2015-2016 | 98th Legislature | Engrossed


Bill Title: Legislature; other; compact for a balanced budget; enact. Creates new act.

Spectrum: Partisan Bill (Republican 21-0)

Status: (Engrossed - Dead) 2015-09-17 - Referred To Committee On Financial Liability Reform [SB0306 Detail]

Download: Michigan-2015-SB0306-Engrossed.html

SB-0306, As Passed Senate, September 17, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 306

 

 

April 29, 2015, Introduced by Senators GREEN, ROBERTSON, COLBECK, HORN, HILDENBRAND, MACGREGOR, MARLEAU and BOOHER and referred to the Committee on Elections and Government Reform.

 

 

 

     A bill to enter into the compact for a balanced budget.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"compact for a balanced budget".

 

     Sec. 2. The state of Michigan enacts, adopts, and agrees to be

 

bound by the following compact, entering into it with all

 

jurisdictions legally joining in the compact, in the form

 

substantially as follows:

 

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.

 

     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.

 

ARTICLE II

 

DEFINITIONS

 

     Section 1. "Compact" means this "Compact for a Balanced

 

Budget."

 

     Section 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

 

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.

 

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.

 

     Section 3. "State" means one of the several States of the

 

United States. Where contextually appropriate, the term "State"


shall be construed to include all of its branches, departments,

 

agencies, political subdivisions, and officers and representatives

 

acting in their official capacity.

 

     Section 4. "Member State" means a State that has enacted,

 

adopted and agreed to be bound to this Compact. For any State to

 

qualify as a Member State with respect to any other State under

 

this Compact, each such State must have enacted, adopted and agreed

 

to be bound by substantively identical compact legislation.

 

     Section 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 of each house of the Legislatures

 

of the several States.

 

     Section 6. Notice. All notices required by this Compact shall

 

be by U.S. 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. Total outlays of the government of the United

 

States shall not exceed total receipts of the government of the

 

United States at any point in time unless the excess of outlays

 

over receipts is financed exclusively by debt issued in strict

 

conformity with this article.


     Section 2. 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. 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.

 

     Section 3. From time to time, Congress may increase authorized

 

debt to an amount in excess of its initial amount set by Section 2

 

only if it first publicly refers to the legislatures of the several

 

states an unconditional, single subject measure proposing the

 

amount of such increase, in such form as provided by law, and the

 

measure is thereafter publicly and unconditionally approved by a

 

simple majority of the legislatures of the several states, in such

 

form as provided respectively by state law; provided that no

 

inducement requiring an expenditure or tax levy shall be demanded,

 

offered or accepted as a quid pro quo for such approval. If such

 

approval is not obtained within 60 calendar days after referral

 

then the measure shall be deemed disapproved and the authorized

 

debt shall thereby remain unchanged.

 

     Section 4. 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. Said impoundment shall become effective 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 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.

 

     Section 5. 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 completely

 

replace every existing income tax levied by the government of the

 

United States; or for the reduction or elimination of an exemption,

 

deduction, or credit allowed under an existing general revenue tax.

 

     Section 6. For purposes of this article, "debt" means any

 

obligation backed by the full faith and credit of the government of

 

the United States; "outstanding debt" means all debt held in any

 

account and by any entity at a given point in time; "authorized

 

debt" means the maximum total amount of debt that may be lawfully

 

issued and outstanding at any single point in time under this

 

article; "total outlays of the government of the United States"

 

means all expenditures of the government of the United States from

 

any source; "total receipts of the government of the United States"

 

means all tax receipts and other income of the government of the

 

United States, excluding proceeds from its issuance or incurrence

 

of debt or any type of liability; "impoundment" means a proposal

 

not to spend all or part of a sum of money appropriated by

 

Congress; and "general revenue tax" means any income tax, sales

 

tax, or value-added tax levied by the government of the United

 

States excluding imposts and duties.


     Section 7. 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 Compact governs each Member State to the

 

fullest extent permitted by their respective constitutions,

 

superseding and repealing any conflicting or contrary law.

 

     Section 2. 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 consideration of,

 

and in substantial reliance upon, such mutual and reciprocal

 

performance and compliance by each other current and future Member

 

State, if any. Accordingly, in addition to having the force of law

 

in each Member State upon its respective effective date, this

 

Compact and each of its Articles shall also be construed as

 

contractually binding each Member State when: (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; 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.

 

     Section 3. 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:

 

(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; (b) any difference in section 5 of

 

Article IV with specific regard to the respectively enacting

 

State's own obligation to fund the Commission; (c) 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; 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

 

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.

 

     Section 4. 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 Administrator, if

 

any, or otherwise to the chief executive officer of each other

 

Member State. 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.

 

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.

 

ARTICLE IV

 

COMPACT COMMISSION AND COMPACT ADMINISTRATOR

 

     Section 1. Nature of the Compact Commission. The Compact

 

Commission ("Commission") is hereby established. It has the power

 

and duty: (a) 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; (c) 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; (e) 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; 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.

 

The Commission shall only have such implied powers as are essential

 

to carrying out these express powers and duties. 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 may

 

adopt and publish corresponding bylaws and policies.

 

     Section 2. Commission Membership. The Commission initially

 

consists of three unpaid members. Each Member State may appoint one


member to the Commission through an appointment process to be

 

determined by their respective chief executive officer until all

 

positions on the Commission are filled. Positions shall be assigned

 

to appointees in the order in which their respective appointing

 

States became Member States. 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.

 

     Section 3. Commission Action. Each Commission member is

 

entitled to one vote. 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 meet at least once a

 

year, and may meet more frequently.

 

     Section 4. First Order of Business. The Commission shall at

 

the earliest possible time elect from among its membership a

 

Chairperson, determine a primary place of doing business, and

 

appoint a Compact Administrator.

 

     Section 5. Funding. 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.

 

     Section 6. Compact Administrator. The Compact Administrator

 

has the power and duty: (a) 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; (c) 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. The Compact Administrator shall only have such

 

implied powers as are essential to carrying out these express

 

powers and duties; and 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. The Compact Administrator serves at the

 

pleasure of the Commission and must keep the Commission seasonably

 

apprised of the performance or nonperformance of the terms and

 

conditions of this Compact. Any notice sent by a Member State to

 

the Compact Administrator concerning this Compact shall be adequate

 

notice to each other Member State provided that a copy of said

 

notice is seasonably delivered by the Compact Administrator to each

 

other Member State's respective chief executive officer.

 

     Section 7. Notice of Key Events. Upon the occurrence of each

 

of the following described events, or otherwise as soon as

 

possible, the Compact Administrator shall immediately send the

 

following notices to all Compact Notice Recipients, together with

 

certified conforming copies of the chaptered version of this

 

Compact as maintained in the statutes of each Member State: (a)

 

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; (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; (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); 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. However, whenever any Member State enacts

 

appropriate legislation, as determined by the laws of the

 

respective state, withdrawing from this Compact, the Compact

 

Administrator shall immediately send certified conforming copies of

 

the chaptered version of such withdrawal legislation as maintained

 

in the statutes of each such withdrawing Member State, solely to

 

each chief executive officer of each remaining Member State, giving

 

notice of such withdrawal.


     Section 8. 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.

 

     Section 9. This Article does not take effect until there are

 

at least two Member States.

 

ARTICLE V

 

RESOLUTION APPLYING FOR CONVENTION

 

     Section 1. 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.

 

     Section 3. This Article does not take effect until at least

 

three-fourths of the several States are Member States.

 

ARTICLE VI

 

DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS

 

     Section 1. Number of Delegates. Each Member State shall be

 

entitled to one delegate as its sole and exclusive representative

 

at the Convention as set forth in this Article.

 

     Section 2. Identity of 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.

 

     Section 3. Replacement or Recall of Delegates. 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. If replaced

 

or recalled, any delegate previously appointed hereunder must

 

immediately vacate the Convention and return to their respective

 

State's capitol.

 

     Section 4. Oath. The power and authority of a delegate under

 

this Article may only be exercised after the Convention is first

 

called by Congress in accordance with this Compact and such

 

appointment is duly accepted by such appointee publicly taking the

 

following oath or affirmation: "I do solemnly swear (or affirm)

 

that I accept this appointment and will act strictly in accordance

 

with the terms and conditions of the Compact for a Balanced Budget,

 

the Constitution of the State I represent, and the Constitution of

 

the United States. I understand that violating this oath (or

 

affirmation) forfeits my appointment and may subject me to other

 

penalties as provided by law."

 

     Section 5. Term. The term of a delegate hereunder commences

 

upon acceptance of appointment and terminates upon the permanent

 

adjournment of the Convention, unless shortened by recall,

 

replacement or forfeiture under this Article. 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.

 

     Section 6. Delegate Authority. The power and authority of any

 

delegate appointed hereunder is strictly limited: (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; and (b) to introducing,

 

debating, voting upon, and rejecting or proposing for ratification

 

the Balanced Budget Amendment. All actions taken by any delegate in

 

violation of this section are void ab initio.

 

     Section 7. Delegate Authority. No delegate of any Member State

 

may introduce, debate, vote upon, reject or propose for

 

ratification any constitutional amendment at the Convention unless:

 

(a) the Convention Rules specified in this Compact govern the

 

Convention and their actions; and (b) the constitutional amendment

 

is the Balanced Budget Amendment.

 

     Section 8. 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. 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. All actions taken by any

 

delegate in violation of this section are void ab initio.

 

     Section 9. Order of Business. Before introducing, debating,

 

voting upon, rejecting or proposing for ratification any


constitutional amendment at the Convention, each delegate of every

 

Member State must first ensure the Convention Rules in this Compact

 

govern the Convention and their actions. Every delegate and each

 

Member State must immediately vacate the Convention and notify the

 

Compact Administrator by the most effective and expeditious means

 

if the Convention Rules in this Compact are not adopted to govern

 

the Convention and their actions.

 

     Section 10. Forfeiture of Appointment. 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.

 

     Section 11. Expenses. A delegate appointed hereunder is

 

entitled to reimbursement of reasonable expenses for attending the

 

Convention from his or her respective Member State. 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. The Convention shall be

 

organized, construed and conducted as a body exclusively

 

representing and constituted by the several States.

 

     Section 2. 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 Article and in accordance with the Compact.

 

It shall not be in order for the Convention to consider any matter

 

that is outside the scope of this agenda.

 

     Section 3. Delegate Identity and Procedure. States shall be

 

represented at the Convention through duly appointed delegates. The

 

number, identity and authority of delegates assigned to each State

 

shall be determined by this Compact in the case of Member States

 

or, in the case of States that are not Member States, by their

 

respective state laws. However, to prevent disruption of

 

proceedings, no more than three delegates may attend and

 

participate in the Convention on behalf of any State. 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. Any

 

commission for delegates of States that are not Member States shall

 

be based on their respective state laws, but it shall furnish

 

credentials that are at least as reliable as those required of

 

Member States.

 

     Section 4. Voting. Each State represented at the Convention

 

shall have one vote, exercised by the vote of that State's delegate

 

in the case of States represented by one delegate, or, in the case

 

of any State that is represented by more than one delegate, by the

 

majority vote of that State's respective delegates.

 

     Section 5. Quorum. A majority of the several States of the

 

United States, each present through its respective delegate in the

 

case of any State that is represented by one delegate, or through a

 

majority of its respective delegates, in the case of any State that


is represented by more than one delegate, shall constitute a quorum

 

for the transaction of any business on behalf of the Convention.

 

     Section 6. 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.

 

The transaction of any business on behalf of the Convention,

 

including the designation of a Secretary, the adoption of

 

parliamentary procedures and the rejection or proposal of any

 

constitutional amendment, requires a quorum to be present and a

 

majority affirmative vote of those States constituting the quorum.

 

     Section 7. Emergency Suspension and Relocation of the

 

Convention. In the event that the Chair of the Convention declares

 

an emergency due to disorder or an imminent threat to public health

 

and safety prior to the completion of the business on the Agenda,

 

and a majority of the States present at the Convention do not

 

object to such declaration, further Convention proceedings shall be

 

temporarily suspended, and the Commission shall subsequently

 

relocate or reschedule the Convention to resume proceedings in an

 

orderly fashion in accordance with the terms and conditions of this

 

Compact with prior notice given to the Compact Notice Recipients.

 

     Section 8. 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. In adopting, applying or adapting Parliamentary

 

procedure, the Convention shall exclusively consider analogous

 

precedent arising within the jurisdiction of the United States.

 

Parliamentary procedures adopted, applied or adapted pursuant to

 

this section shall not obstruct, override or otherwise conflict

 

with this Compact.

 

     Section 9. Transmittal. 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. However, in no event shall any proposed amendment other

 

than the Balanced Budget Amendment be transmitted as aforesaid.

 

     Section 10. Transparency. Records of the Convention, including

 

the identities of all attendees and detailed minutes of all

 

proceedings, shall be kept by the Chair of the Convention or

 

Secretary designated by the Convention. 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. Adjournment of the Convention. The Convention

 

shall permanently adjourn upon the earlier of 24 hours after

 

commencing proceedings under this Article or the completion of the

 

business on its Agenda.


ARTICLE VIII

 

PROHIBITION OF ULTRA VIRES CONVENTION

 

     Section 1. Member States shall not participate in the

 

Convention unless: (a) Congress first calls the Convention in

 

accordance with this Compact; and (b) the Convention Rules of this

 

Compact are adopted by the Convention as its first order of

 

business.

 

     Section 2. 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: (a)

 

violates or was approved in violation of the Convention Rules or

 

the delegate instructions and limitations on delegate authority

 

specified in this Compact; (b) purports to propose or effectuate a

 

mode of ratification that is not specified in Article V of the

 

Constitution of the United States; or (c) purports to propose or

 

effectuate the formation of a new government. All Member States are

 

prohibited from advancing or assisting in the advancement of any

 

such proposal or action.

 

     Section 3. 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 IX

 

RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET AMENDMENT

 

     Section 1. 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 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. Unless

 

otherwise specified by Congress in its call, the Convention shall

 

be held in Dallas, Texas and commence proceedings at 9:00 a.m.

 

Central Standard Time on the sixth Wednesday after the latter of

 

the effective date of Article V of this Compact or the enactment

 

date of the Congressional resolution calling the Convention.

 

     Section 3. 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; and shall take such


action whenever the Compact is challenged or violated.

 

     Section 4. 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. Each Member State shall submit to the jurisdiction

 

of said courts with respect to such actions. However, upon written

 

request by the chief law enforcement officer of any Member State,

 

the Commission may elect to waive this provision for the purpose of

 

ensuring an action proceeds in the venue that allows for the most

 

convenient and effective enforcement or defense of this Compact.

 

Any such waiver shall be limited to the particular action to which

 

it is applied and not construed or relied upon as a general waiver

 

of this provision. The waiver decisions of the Commission under

 

this provision shall be final and binding on each Member State.

 

     Section 5. The effective date of this Compact and any of its

 

Articles is the latter of: (a) the date of any event rendering the

 

same effective according to its respective terms and conditions; or

 

(b) the earliest date otherwise permitted by law.

 

     Section 6. Article VIII of this Compact is hereby deemed non-

 

severable prior to termination of the Compact. 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. 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.

 

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 States.

 

     Section 7. Termination. This Compact shall terminate and be

 

held for naught when the Compact is fully performed and the

 

Constitution of the United States is amended by the Balanced Budget

 

Amendment. However, notwithstanding anything to the contrary set

 

forth in this Compact, in the event such amendment does not occur

 

within 7 years after the first State passes legislation enacting,

 

adopting and agreeing to be bound to this Compact, the Compact

 

shall terminate as follows: (a) the Commission shall dissolve and

 

wind up its operations within 90 days thereafter, with the Compact

 

Administrator giving notice of such dissolution and the operative

 

effect of this section to the Compact Notice Recipients; and (b)

 

upon the completed dissolution of the Commission, this Compact


shall be deemed terminated, repealed, void ab initio, and held for

 

naught.

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