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.