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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 284                                                                                                         
01 Relating to an interstate compact on a balanced federal budget.                                                         
02                           _______________                                                                               
03    * Section 1. AS 44.99 is amended by adding new sections to read:                                                   
04                   Article 6. Compact for a Balanced Budget.                                                           
05            Sec. 44.99.600. Entry into agreement. The Compact for a Balanced Budget is                                 
06       hereby enacted into law and entered into with all jurisdictions legally joining it in a                           
07       form substantially as contained in AS 44.99.610.                                                                  
08            Sec. 44.99.610. Compact terms. The terms and provisions of the compact                                     
09       referred to in AS 44.99.600 are as follows:                                                                       
10                   COMPACT FOR A BALANCED BUDGET                                                                         
11                              ARTICLE I                                                                                  
12              DECLARATION OF POLICY, PURPOSE AND INTENT                                                                  
13            Whereas, every State enacting, adopting and agreeing to be bound by this                                     
14       Compact intends to ensure that their respective Legislature's use of the power to                                 
15       originate a Balanced Budget Amendment under Article V of the Constitution of the                                  
01       United States will be exercised conveniently and with reasonable certainty as to the                              
02       consequences thereof.                                                                                             
03            Now, therefore, in consideration of their expressed mutual promises and                                      
04       obligations, be it enacted by every State enacting, adopting and agreeing to be bound                             
05       by this Compact, and resolved by each of their respective Legislatures, as the case                               
06       may be, to exercise herewith all of their respective powers as set forth herein                                   
07       notwithstanding any law to the contrary.                                                                          
08                             ARTICLE II                                                                                  
09                            DEFINITIONS                                                                                  
10            Section 1. "Compact" means this "Compact for a Balanced Budget."                                             
11            Section 2. "Convention" means the convention for proposing amendments                                        
12       organized by this Compact under Article V of the Constitution of the United States                                
13       and, where contextually appropriate to ensure the terms of this Compact are not                                   
14       evaded, any other similar gathering or body, which might be organized as a                                        
15       consequence of Congress receiving the application set out in this Compact and claim                               
16       authority to propose or effectuate any amendment, alteration or revision to the                                   
17       Constitution of the United States. This term does not encompass a convention for                                  
18       proposing amendments under Article V of the Constitution of the United States that is                             
19       organized independently of this Compact based on the separate and distinct                                        
20       application of any State.                                                                                         
21            Section 3. "State" means one of the several States of the United States. Where                               
22       contextually appropriate, the term "State" shall be construed to include all of its                               
23       branches, departments, agencies, political subdivisions, and officers and                                         
24       representatives acting in their official capacity.                                                                
25            Section 4. "Member State" means a State that has enacted, adopted and agreed                                 
26       to be bound to this Compact. For any State to qualify as a Member State with respect                              
27       to any other State under this Compact, each such State must have enacted, adopted and                             
28       agreed to be bound by substantively identical compact legislation.                                                
29            Section 5. "Compact Notice Recipients" means the Archivist of the United                                     
30       States, the President of the United States, the President of the United States Senate, the                        
31       Office of the Secretary of the United States Senate, the Speaker of the United States                             
01       House of Representatives, the Office of the Clerk of the United States House of                                   
02       Representatives, the chief executive officer of each State, and the presiding officer(s)                          
03       of each house of the Legislatures of the several States.                                                          
04            Section 6. Notice. All notices required by this Compact shall be by U.S.                                     
05       Certified Mail, return receipt requested, or an equivalent or superior form of notice,                            
06       such as personal delivery documented by evidence of actual receipt.                                               
07            Section 7. "Balanced Budget Amendment" means the following:                                                  
08            "Article __                                                                                                  
09            Section 1. Total outlays of the government of the United States shall not                                    
10       exceed total receipts of the government of the United States at any point in time unless                          
11       the excess of outlays over receipts is financed exclusively by debt issued in strict                              
12       conformity with this article.                                                                                     
13            Section 2. Outstanding debt shall not exceed authorized debt, which initially                                
14       shall be an amount equal to 105 percent of the outstanding debt on the effective date                             
15       of this article. Authorized debt shall not be increased above its aforesaid initial amount                        
16       unless such increase is first approved by the legislatures of the several states as                               
17       provided in Section 3.                                                                                            
18            Section 3. From time to time, Congress may increase authorized debt to an                                    
19       amount in excess of its initial amount set by Section 2 only if it first publicly refers to                       
20       the legislatures of the several states an unconditional, single subject measure                                   
21       proposing the amount of such increase, in such form as provided by law, and the                                   
22       measure is thereafter publicly and unconditionally approved by a simple majority of                               
23       the legislatures of the several states, in such form as provided respectively by state                            
24       law; provided that no inducement requiring an expenditure or tax levy shall be                                    
25       demanded, offered or accepted as a quid pro quo for such approval. If such approval is                            
26       not obtained within sixty (60) calendar days after referral then the measure shall be                             
27       deemed disapproved and the authorized debt shall thereby remain unchanged.                                        
28            Section 4. Whenever the outstanding debt exceeds 98 percent of the debt limit                                
29       set by Section 2, the President shall enforce said limit by publicly designating specific                         
30       expenditures for impoundment in an amount sufficient to ensure outstanding debt shall                             
31       not exceed the authorized debt. Said impoundment shall become effective thirty (30)                               
01       days thereafter, unless Congress first designates an alternate impoundment of the same                            
02       or greater amount by concurrent resolution, which shall become immediately                                        
03       effective. The failure of the President to designate or enforce the required                                      
04       impoundment is an impeachable misdemeanor. Any purported issuance or incurrence                                   
05       of any debt in excess of the debt limit set by Section 2 is void.                                                 
06            Section 5. No bill that provides for a new or increased general revenue tax                                  
07       shall become law unless approved by a two-thirds roll call vote of the whole number                               
08       of each House of Congress. However, this requirement shall not apply to any bill that                             
09       provides for a new end user sales tax which would completely replace every existing                               
10       income tax levied by the government of the United States; or for the reduction or                                 
11       elimination of an exemption, deduction, or credit allowed under an existing general                               
12       revenue tax.                                                                                                      
13            Section 6. For purposes of this article, "debt" means any obligation backed by                               
14       the full faith and credit of the government of the United States; "outstanding debt"                              
15       means all debt held in any account and by any entity at a given point in time;                                    
16       "authorized debt" means the maximum total amount of debt that may be lawfully                                     
17       issued and outstanding at any single point in time under this article; "total outlays of                          
18       the government of the United States" means all expenditures of the government of the                              
19       United States from any source; "total receipts of the government of the United States"                            
20       means all tax receipts and other income of the government of the United States,                                   
21       excluding proceeds from its issuance or incurrence of debt or any type of liability;                              
22       "impoundment" means a proposal not to spend all or part of a sum of money                                         
23       appropriated by Congress; and "general revenue tax" means any income tax, sales tax,                              
24       or value-added tax levied by the government of the United States excluding imposts                                
25       and duties.                                                                                                       
26            Section 7. This article is immediately operative upon ratification, self-                                    
27       enforcing, and Congress may enact conforming legislation to facilitate enforcement."                              
28                             ARTICLE III                                                                                 
29                COMPACT MEMBERSHIP AND WITHDRAWAL                                                                        
30            Section 1. This Compact governs each Member State to the fullest extent                                      
31       permitted by their respective constitutions, superseding and repealing any conflicting                            
01       or contrary law.                                                                                                  
02            Section 2. By becoming a Member State, each such State offers, promises and                                  
03       agrees to perform and comply strictly in accordance with the terms and conditions of                              
04       this Compact, and has made such offer, promise and agreement in anticipation and                                  
05       consideration of, and in substantial reliance upon, such mutual and reciprocal                                    
06       performance and compliance by each other current and future Member State, if any.                                 
07       Accordingly, in addition to having the force of law in each Member State upon its                                 
08       respective effective date, this Compact and each of its Articles shall also be construed                          
09       as contractually binding each Member State when: (a) at least one other State has                                 
10       likewise become a Member State by enacting substantively identical legislation                                    
11       adopting and agreeing to be bound by this Compact; and (b) notice of such State's                                 
12       Member State status is or has been seasonably received by the Compact                                             
13       Administrator, if any, or otherwise by the chief executive officer of each other                                  
14       Member State.                                                                                                     
15            Section 3. For purposes of determining Member State status under this                                        
16       Compact, as long as all other provisions of the Compact remain identical and                                      
17       operative on the same terms, legislation enacting, adopting and agreeing to be bound                              
18       by this Compact shall be deemed and regarded as "substantively identical" with                                    
19       respect to such other legislation enacted by another State notwithstanding: (a) any                               
20       difference in section 2 of Article IV with specific regard to the respectively enacting                           
21       State's own method of appointing its member to the Commission; (b) any difference in                              
22       section 5 of Article IV with specific regard to the respectively enacting State's own                             
23       obligation to fund the Commission; (c) any difference in section 1 and 2 of Article VI                            
24       with specific regard to the number and identity of each delegate respectively appointed                           
25       on behalf of the enacting State, provided that no more than three delegates may attend                            
26       and participate in the Convention on behalf of any State; or (d) any difference in                                
27       section 7 of Article X with specific regard to the respectively enacting State as to                              
28       whether section 1 of Article V of this Compact shall survive termination of this                                  
29       Compact, and thereafter become a continuing resolution of the Legislature of such                                 
30       State applying to Congress for the calling of a convention of the states under Article V                          
31       of the Constitution of the United States, under such terms and limitations as may be                              
01       specified by such State.                                                                                          
02            Section 4. When fewer than three-fourths of the States are Member States, any                                
03       Member State may withdraw from this Compact by enacting appropriate legislation,                                  
04       as determined by state law, and giving notice of such withdrawal to the Compact                                   
05       Administrator, if any, or otherwise to the chief executive officer of each other Member                           
06       State. A withdrawal shall not affect the validity or applicability of the compact with                            
07       respect to remaining Member States, provided that there remain at least two such                                  
08       States. However, once at least three-fourths of the States are Member States, then no                             
09       Member State may withdraw from the Compact prior to its termination absent                                        
10       unanimous consent of all Member States.                                                                           
11                             ARTICLE IV                                                                                  
12           COMPACT COMMISSION AND COMPACT ADMINISTRATOR                                                                  
13            Section 1. Nature of the Compact Commission. The Compact Commission                                          
14       ("Commission") is hereby established. It has the power and duty: (a) to appoint and                               
15       oversee a Compact Administrator; (b) to encourage States to join the Compact and                                  
16       Congress to call the Convention in accordance with this Compact; (c) to coordinate the                            
17       performance of obligations under the Compact; (d) to oversee the Convention's                                     
18       logistical operations as appropriate to ensure this Compact governs its proceedings; (e)                          
19       to oversee the defense and enforcement of the Compact in appropriate legal venues; (f)                            
20       to request funds and to disburse those funds to support the operations of the                                     
21       Commission, Compact Administrator, and Convention; and (g) to cooperate with any                                  
22       entity that shares a common interest with the Commission and engages in policy                                    
23       research, public interest litigation or lobbying in support of the purposes of the                                
24       Compact. The Commission shall only have such implied powers as are essential to                                   
25       carrying out these express powers and duties. It shall take no action that contravenes                            
26       or is inconsistent with this Compact or any law of any State that is not superseded by                            
27       this Compact. It may adopt and publish corresponding bylaws and policies.                                         
28            Section 2. Commission Membership. The Commission initially consists of                                       
29       three unpaid members. Each Member State may appoint one member to the                                             
30       Commission through an appointment process to be determined by their respective                                    
31       chief executive officer until all positions on the Commission are filled. Positions shall                         
01       be assigned to appointees in the order in which their respective appointing States                                
02       became Member States. The bylaws of the Commission may expand its membership                                      
03       to include representatives of additional Member States and to allow for modest                                    
04       salaries and reimbursement of expenses if adequate funding exists.                                                
05            Section 3. Commission Action. Each Commission member is entitled to one                                      
06       vote. The Commission shall not act unless a majority of its appointed membership is                               
07       present, and no action shall be binding unless approved by a majority of the                                      
08       Commission's appointed membership. The Commission shall meet at least once a                                      
09       year, and may meet more frequently.                                                                               
10            Section 4. First Order of Business. The Commission shall at the earliest                                     
11       possible time elect from among its membership a Chairperson, determine a primary                                  
12       place of doing business, and appoint a Compact Administrator.                                                     
13            Section 5. Funding. The Commission and the Compact Administrator's                                           
14       activities shall be funded exclusively by each Member State, as determined by their                               
15       respective state law, or by voluntary donations.                                                                  
16            Section 6. Compact Administrator. The Compact Administrator has the power                                    
17       and duty: (a) to timely notify the States of the date, time and location of the                                   
18       Convention; (b) to organize and direct the logistical operations of the Convention; (c)                           
19       to maintain an accurate list of all Member States, their appointed delegates, including                           
20       contact information; and (d) to formulate, transmit, and maintain all official notices,                           
21       records, and communications relating to this Compact. The Compact Administrator                                   
22       shall only have such implied powers as are essential to carrying out these express                                
23       powers and duties; and shall take no action that contravenes or is inconsistent with this                         
24       Compact or any law of any State that is not superseded by this Compact. The Compact                               
25       Administrator serves at the pleasure of the Commission and must keep the                                          
26       Commission seasonably apprised of the performance or nonperformance of the terms                                  
27       and conditions of this Compact. Any notice sent by a Member State to the Compact                                  
28       Administrator concerning this Compact shall be adequate notice to each other Member                               
29       State provided that a copy of said notice is seasonably delivered by the Compact                                  
30       Administrator to each other Member State's respective chief executive officer.                                    
31            Section 7. Notice of Key Events. Upon the occurrence of each of the following                                
01       described events, or otherwise as soon as possible, the Compact Administrator shall                               
02       immediately send the following notices to all Compact Notice Recipients, together                                 
03       with certified conforming copies of the chaptered version of this Compact as                                      
04       maintained in the statutes of each Member State: (a) whenever any State becomes a                                 
05       Member State, notice of that fact shall be given; (b) once at least three-fourths of the                          
06       States are Member States, notice of that fact shall be given together with a statement                            
07       declaring that the Legislatures of at least two-thirds of the several States have applied                         
08       for a convention for proposing amendments under Article V of the Constitution of the                              
09       United States, petitioning Congress to call the Convention contemplated by this                                   
10       Compact, and further requesting cooperation in organizing the same in accordance                                  
11       with this Compact; (c) once Congress has called the Convention contemplated by this                               
12       Compact, and whenever the date, time and location of the Convention has been                                      
13       determined, notice of that fact shall be given together with the date, time and location                          
14       of the Convention and other essential logistical matters; (d) upon approval of the                                
15       Balanced Budget Amendment by the Convention, notice of that fact shall be given                                   
16       together with the transmission of certified copies of such approved proposed                                      
17       amendment and a statement requesting Congress to refer the same for ratification by                               
18       three-fourths of the Legislatures of the several States under Article V of the                                    
19       Constitution of the United States (however, in no event shall any proposed amendment                              
20       other than the Balanced Budget Amendment be transmitted); and (e) when any Article                                
21       of this Compact prospectively ratifying the Balanced Budget Amendment is effective                                
22       in any Member State, notice of the same shall be given together with a statement                                  
23       declaring such ratification and further requesting cooperation in ensuring that the                               
24       official record confirms and reflects the effective corresponding amendment to the                                
25       Constitution of the United States. However, whenever any Member State enacts                                      
26       appropriate legislation, as determined by the laws of the respective state, withdrawing                           
27       from this Compact, the Compact Administrator shall immediately send certified                                     
28       conforming copies of the chaptered version of such withdrawal legislation as                                      
29       maintained in the statutes of each such withdrawing Member State, solely to each                                  
30       chief executive officer of each remaining Member State, giving notice of such                                     
31       withdrawal.                                                                                                       
01            Section 8. Cooperation. The Commission, Member States and Compact                                            
02       Administrator shall cooperate with each other and give each other mutual assistance in                            
03       enforcing this Compact and shall give the chief law enforcement officer of each other                             
04       Member State any information or documents that are reasonably necessary to facilitate                             
05       the enforcement of this Compact.                                                                                  
06            Section 9. This Article does not take effect until there are at least two Member                             
07       States.                                                                                                           
08                             ARTICLE V                                                                                   
09                 RESOLUTION APPLYING FOR CONVENTION                                                                      
10            Section 1. Be it resolved, as provided for in Article V of the Constitution of the                           
11       United States, the Legislature of each Member State herewith applies to Congress for                              
12       the calling of a convention for proposing amendments limited to the subject matter of                             
13       proposing for ratification the Balanced Budget Amendment.                                                         
14            Section 2. Congress is further petitioned to refer the Balanced Budget                                       
15       Amendment to the States for ratification by three-fourths of their respective                                     
16       Legislatures.                                                                                                     
17            Section 3. This Article does not take effect until at least three-fourths of the                             
18       several States are Member States.                                                                                 
19                             ARTICLE VI                                                                                  
20         DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS                                                              
21            Section 1. Number of Delegates. Each Member State shall be entitled to one                                   
22       delegate as its sole and exclusive representative at the Convention as set forth in this                          
23       Article.                                                                                                          
24            Section 2. Identity of Delegates. Each Member State's chief executive officer,                               
25       who is serving on the enactment date of this Compact, is appointed in an individual                               
26       capacity to represent his or her respective State at the Convention as its sole and                               
27       exclusive delegate.                                                                                               
28            Section 3. Replacement or Recall of Delegates. A delegate appointed                                          
29       hereunder may be replaced or recalled by the Legislature of his or her respective State                           
30       at any time for good cause, such as criminal misconduct or the violation of this                                  
31       Compact. If replaced or recalled, any delegate previously appointed hereunder must                                
01       immediately vacate the Convention and return to delegate's respective State's capitol.                            
02            Section 4. Oath. The power and authority of a delegate under this Article may                                
03       only be exercised after the Convention is first called by Congress in accordance with                             
04       this Compact and such appointment is duly accepted by such appointee publicly taking                              
05       the following oath or affirmation: "I do solemnly swear (or affirm) that I accept this                            
06       appointment and will act strictly in accordance with the terms and conditions of the                              
07       Compact for a Balanced Budget, the Constitution of the State I represent, and the                                 
08       Constitution of the United States. I understand that violating this oath (or affirmation)                         
09       forfeits my appointment and may subject me to other penalties as provided by law."                                
10            Section 5. Term. The term of a delegate hereunder commences upon                                             
11       acceptance of appointment and terminates upon the permanent adjournment of the                                    
12       Convention, unless shortened by recall, replacement or forfeiture under this Article.                             
13       Upon expiration of such term, any person formerly serving as a delegate must                                      
14       immediately withdraw from and cease participation at the Convention, if any is                                    
15       proceeding.                                                                                                       
16            Section 6. Delegate Authority. The power and authority of any delegate                                       
17       appointed hereunder is strictly limited: (a) to introducing, debating, voting upon,                               
18       proposing and enforcing the Convention Rules specified in this Compact, as needed to                              
19       ensure those rules govern the Convention; and (b) to introducing, debating, voting                                
20       upon, and rejecting or proposing for ratification the Balanced Budget Amendment. All                              
21       actions taken by any delegate in violation of this section are void ab initio.                                    
22            Section 7. Delegate Authority. No delegate of any Member State may                                           
23       introduce, debate, vote upon, reject or propose for ratification any constitutional                               
24       amendment at the Convention unless: (a) the Convention Rules specified in this                                    
25       Compact govern the Convention and their actions; and (b) the constitutional                                       
26       amendment is the Balanced Budget Amendment.                                                                       
27            Section 8. Delegate Authority. The power and authority of any delegate at the                                
28       Convention does not include any power or authority associated with any other public                               
29       office held by the delegate. Any person appointed to serve as a delegate shall take a                             
30       temporary leave of absence, or otherwise shall be deemed temporarily disabled, from                               
31       any other public office held by the delegate while attending the Convention, and may                              
01       not exercise any power or authority associated with any other public office held by the                           
02       delegate while attending the Convention. All actions taken by any delegate in violation                           
03       of this section are void ab initio.                                                                               
04            Section 9. Order of Business. Before introducing, debating, voting upon,                                     
05       rejecting or proposing for ratification any constitutional amendment at the Convention,                           
06       each delegate of every Member State must first ensure the Convention Rules in this                                
07       Compact govern the Convention and their actions. Every delegate and each Member                                   
08       State must immediately vacate the Convention and notify the Compact Administrator                                 
09       by the most effective and expeditious means if the Convention Rules in this Compact                               
10       are not adopted to govern the Convention and their actions.                                                       
11            Section 10. Forfeiture of Appointment. If any Member State or delegate                                       
12       violates any provision of this Compact, then every delegate of that Member State                                  
13       immediately forfeits his or her appointment, and shall immediately cease participation                            
14       at the Convention, vacate the Convention, and return to his or her respective State's                             
15       capitol.                                                                                                          
16            Section 11. Expenses. A delegate appointed hereunder is entitled to                                          
17       reimbursement of reasonable expenses for attending the Convention from his or her                                 
18       respective Member State. No delegate may accept any other form of remuneration or                                 
19       compensation for service under this Compact.                                                                      
20                             ARTICLE VII                                                                                 
21                         CONVENTION RULES                                                                                
22            Section 1. Nature of the Convention. The Convention shall be organized,                                      
23       construed and conducted as a body exclusively representing and constituted by the                                 
24       several States.                                                                                                   
25            Section 2. Agenda of the Convention. The agenda of the Convention shall be                                   
26       entirely focused upon and exclusively limited to introducing, debating, voting upon,                              
27       and rejecting or proposing for ratification the Balanced Budget Amendment under the                               
28       Convention Rules specified in this Article and in accordance with the Compact. It                                 
29       shall not be in order for the Convention to consider any matter that is outside the scope                         
30       of this agenda.                                                                                                   
31            Section 3. Delegate Identity and Procedure. States shall be represented at the                               
01       Convention through duly appointed delegates. The number, identity and authority of                                
02       delegates assigned to each State shall be determined by this Compact in the case of                               
03       Member States or, in the case of States that are not Member States, by their respective                           
04       state laws. However, to prevent disruption of proceedings, no more than three                                     
05       delegates may attend and participate in the Convention on behalf of any State. A                                  
06       certified chaptered conforming copy of this Compact, together with government-                                    
07       issued photographic proof of identification, shall suffice as credentials for delegates of                        
08       Member States. Any commission for delegates of States that are not Member States                                  
09       shall be based on their respective state laws, but it shall furnish credentials that are at                       
10       least as reliable as those required of Member States.                                                             
11            Section 4. Voting. Each State represented at the Convention shall have one                                   
12       vote, exercised by the vote of that State's delegate in the case of States represented by                         
13       one delegate, or, in the case of any State that is represented by more than one delegate,                         
14       by the majority vote of that State's respective delegates.                                                        
15            Section 5. Quorum. A majority of the several States of the United States, each                               
16       present through its respective delegate in the case of any State that is represented by                           
17       one delegate, or through a majority of its respective delegates, in the case of any State                         
18       that is represented by more than one delegate, shall constitute a quorum for the                                  
19       transaction of any business on behalf of the Convention.                                                          
20            Section 6. Action by the Convention. The Convention shall only act as a                                      
21       committee of the whole chaired by the delegate representing the first State to have                               
22       become a Member State, if that State is represented by one delegate, or otherwise by                              
23       the delegate chosen by the majority vote of that State's respective delegates. The                                
24       transaction of any business on behalf of the Convention, including the designation of a                           
25       Secretary, the adoption of parliamentary procedures and the rejection or proposal of                              
26       any constitutional amendment, requires a quorum to be present and a majority                                      
27       affirmative vote of those States constituting the quorum.                                                         
28            Section 7. Emergency Suspension and Relocation of the Convention. In the                                     
29       event that the Chair of the Convention declares an emergency due to disorder or an                                
30       imminent threat to public health and safety prior to the completion of the business on                            
31       the Agenda, and a majority of the States present at the Convention do not object to                               
01       such declaration, further Convention proceedings shall be temporarily suspended, and                              
02       the Commission shall subsequently relocate or reschedule the Convention to resume                                 
03       proceedings in an orderly fashion in accordance with the terms and conditions of this                             
04       Compact with prior notice given to the Compact Notice Recipients.                                                 
05            Section 8. Parliamentary Procedure. In adopting, applying and formulating                                    
06       parliamentary procedure, the Convention shall exclusively adopt, apply or                                         
07       appropriately adapt provisions of the most recent editions of Robert's Rules of Order                             
08       and the American Institute of Parliamentarians Standard Code of Parliamentary                                     
09       Procedure. In adopting, applying or adapting parliamentary procedure, the Convention                              
10       shall exclusively consider analogous precedent arising within the jurisdiction of the                             
11       United States. Parliamentary procedures adopted, applied or adapted pursuant to this                              
12       section shall not obstruct, override, or otherwise conflict with this Compact.                                    
13            Section 9. Transmittal. Upon approval of the Balanced Budget Amendment by                                    
14       the Convention to propose for ratification, the Chair of the Convention shall                                     
15       immediately transmit certified copies of such approved proposed amendment to the                                  
16       Compact Administrator and all Compact Notice Recipients, notifying them                                           
17       respectively of such approval and requesting Congress to refer the same for                                       
18       ratification by the States under Article V of the Constitution of the United States.                              
19       However, in no event shall any proposed amendment other than the Balanced Budget                                  
20       Amendment be transmitted as aforesaid.                                                                            
21            Section 10. Transparency. Records of the Convention, including the identities                                
22       of all attendees and detailed minutes of all proceedings, shall be kept by the Chair of                           
23       the Convention or Secretary designated by the Convention. All proceedings and                                     
24       records of the Convention shall be open to the public upon request subject to                                     
25       reasonable regulations adopted by the Convention that are closely tailored to                                     
26       preventing disruption of proceedings under this Article.                                                          
27            Section 11. Adjournment of the Convention. The Convention shall                                              
28       permanently adjourn upon the earlier of twenty-four (24) hours after commencing                                   
29       proceedings under this Article or the completion of the business on its Agenda.                                   
30                             ARTICLE VIII                                                                                
31                PROHIBITION ON ULTRA VIRES CONVENTION                                                                    
01            Section 1. Member States shall not participate in the Convention unless: (a)                                 
02       Congress first calls the Convention in accordance with this Compact; and (b) the                                  
03       Convention Rules of this Compact are adopted by the Convention as its first order of                              
04       business.                                                                                                         
05            Section 2. Any proposal or action of the Convention is void ab initio and                                    
06       issued by a body that is conducting itself in an unlawful and ultra vires fashion if that                         
07       proposal or action: (a) violates or was approved in violation of the Convention Rules                             
08       or the delegate instructions and limitations on delegate authority specified in this                              
09       Compact; (b) purports to propose or effectuate a mode of ratification that is not                                 
10       specified in Article V of the Constitution of the United States; or (c) purports to                               
11       propose or effectuate the formation of a new government. All Member States are                                    
12       prohibited from advancing or assisting in the advancement of any such proposal or                                 
13       action.                                                                                                           
14            Section 3. Member States shall not ratify or otherwise approve any proposed                                  
15       amendment, alteration or revision to the Constitution of the United States, which                                 
16       originates from the Convention, other than the Balanced Budget Amendment.                                         
17                             ARTICLE IX                                                                                  
18       RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET                                                            
19                            AMENDMENT                                                                                    
20            Section 1. Each Member State, by and through its respective Legislature,                                     
21       hereby adopts and ratifies the Balanced Budget Amendment.                                                         
22            Section 2. This Article does not take effect until Congress effectively refers the                           
23       Balanced Budget Amendment to the States for ratification by three-fourths of the                                  
24       Legislatures of the several States under Article V of the Constitution of the United                              
25       States.                                                                                                           
26                             ARTICLE X                                                                                   
27         CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY                                                              
28            Section 1. To the extent that the effectiveness of this Compact or any of its                                
29       Articles or provisions requires the alteration of local legislative rules, drafting policies,                     
30       or procedure to be effective, the enactment of legislation enacting, adopting and                                 
31       agreeing to be bound by this Compact shall be deemed to waive, repeal, supersede, or                              
01       otherwise amend and conform all such rules, policies or procedures to allow for the                               
02       effectiveness of this Compact to the fullest extent permitted by the constitution of any                          
03       affected Member State.                                                                                            
04            Section 2. Date and Location of the Convention. Unless otherwise specified by                                
05       Congress in its call, the Convention shall be held in Dallas, Texas and commence                                  
06       proceedings at 9:00 a.m. Central Standard Time on the sixth Wednesday after the                                   
07       latter of the effective date of Article V of this Compact or the enactment date of the                            
08       Congressional resolution calling the Convention.                                                                  
09            Section 3. In addition to all other powers and duties conferred by state law                                 
10       which are consistent with the terms and conditions of this Compact, the chief law                                 
11       enforcement officer of each Member State is empowered to defend the Compact from                                  
12       any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief                         
13       to enforce this Compact; and shall take such action whenever the Compact is                                       
14       challenged or violated.                                                                                           
15            Section 4. The exclusive venue for all actions in any way arising under this                                 
16       Compact shall be in the United States District Court for the Northern District of Texas                           
17       or the courts of the State of Texas within the jurisdictional boundaries of the foregoing                         
18       district court. Each Member State shall submit to the jurisdiction of said courts with                            
19       respect to such actions. However, upon written request by the chief law enforcement                               
20       officer of any Member State, the Commission may elect to waive this provision for the                             
21       purpose of ensuring an action proceeds in the venue that allows for the most                                      
22       convenient and effective enforcement or defense of this Compact. Any such waiver                                  
23       shall be limited to the particular action to which it is applied and not construed or                             
24       relied upon as a general waiver of this provision. The waiver decisions of the                                    
25       Commission under this provision shall be final and binding on each Member State.                                  
26            Section 5. The effective date of this Compact and any of its Articles is the                                 
27       latter of: (a) the date of any event rendering the same effective according to its                                
28       respective terms and conditions; or (b) the earliest date otherwise permitted by law.                             
29            Section 6. Article VIII of this Compact is hereby deemed non-severable prior                                 
30       to termination of the Compact. However, if any other phrase, clause, sentence or                                  
31       provision of this Compact, or the applicability of any other phrase, clause, sentence or                          
01       provision of this Compact to any government, agency, person or circumstance, is                                   
02       declared in a final judgment to be contrary to the Constitution of the United States,                             
03       contrary to the state constitution of any Member State, or is otherwise held invalid by                           
04       a court of competent jurisdiction, such phrase, clause, sentence or provision shall be                            
05       severed and held for naught, and the validity of the remainder of this Compact and the                            
06       applicability of the remainder of this Compact to any government, agency, person or                               
07       circumstance shall not be affected. Furthermore, if this Compact is declared in a final                           
08       judgment by a court of competent jurisdiction to be entirely contrary to the state                                
09       constitution of any Member State or otherwise entirely invalid as to any Member                                   
10       State, such Member State shall be deemed to have withdrawn from the Compact, and                                  
11       the Compact shall remain in full force and effect as to any remaining Member State.                               
12       Finally, if this Compact is declared in a final judgment by a court of competent                                  
13       jurisdiction to be wholly or substantially in violation of Article I, Section 10, of the                          
14       Constitution of the United States, then it shall be construed and enforced solely as                              
15       reciprocal legislation enacted by the affected Member State(s).                                                   
16            Section 7. Termination. This Compact shall terminate and be held for naught                                  
17       when the Compact is fully performed and the Constitution of the United States is                                  
18       amended by the Balanced Budget Amendment. However, notwithstanding anything to                                    
19       the contrary set forth in this Compact, in the event such amendment does not occur                                
20       within seven (7) years after the first State passes legislation enacting, adopting and                            
21       agreeing to be bound to this Compact, the Compact shall terminate as follows: (a) the                             
22       Commission shall dissolve and wind up its operations within ninety (90) days                                      
23       thereafter, with the Compact Administrator giving notice of such dissolution and the                              
24       operative effect of this section to the Compact Notice Recipients; and (b) upon the                               
25       completed dissolution of the Commission, this Compact shall be deemed terminated,                                 
26       repealed, void ab initio, and held for naught.                                                                    
27    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29       REVISOR'S INSTRUCTION. Notwithstanding AS 01.05.031(c), the revisor of                                            
30 statutes is instructed not to edit or revise the text of the compact in AS 44.99.610, enacted by                        
31 sec. 1 of this Act, so as to avoid the use of pronouns denoting masculine or feminine gender.                           
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