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Bill Summary · HB 214

Summary — HB 214: Faithful Article V Commissioner Act

Status: Introduces new Article 31A to Chapter 120 of the North Carolina General Statutes
Primary purpose: To define how North Carolina appoints, constrains, and holds accountable state commissioners (and alternate commissioners) to interstate conventions — in particular conventions called under Article V of the U.S. Constitution to propose amendments.

Main purpose and intent

  • Clarify the scope of authority for commissioners representing the North Carolina legislature at interstate conventions (including Article V conventions).
  • Provide specific selection, qualification, oath, removal, and vacancy rules to ensure commissioners act only within limits set by their commission and instructions from the legislature.
  • Create enforceable boundaries (legal and procedural) to prevent commissioners from exceeding their delegated authority.

Key provisions

  • Adds a new statutory Article (Article 31A) entitled the “Faithful Article V Commissioner Act.”
  • Definitions: establishes meanings for terms such as “application,” “commission,” “committee,” “instructions,” and “convention for proposing amendments.”
  • Number and appointment of commissioners:
    • State committee size: seven commissioners (plus alternates).
    • Appointment method: joint resolution passed by majority of both houses.
    • Allocation: 3 commissioners chosen by the NC Senate, 3 by the NC House of Representatives, and 1 at-large commissioner selected by the General Assembly upon joint recommendation of the Senate President Pro Tempore and House Speaker.
  • Qualifications for commissioners/alternates:
    • U.S. citizen, resident of NC, age 21 or older.
    • Not a convicted felon, not a registered lobbyist, not a federal officer/employee/contractor, and not a holder of statewide elected office.
  • Limits on legislator participation: no more than four commissioners and four alternates may be sitting General Assembly members.
  • Ethics and conduct: commissioners/alternates are subject to the same state ethical rules that apply to legislators.
  • Vacancy and replacement: alternates fill vacancies; new alternates approved by the appointing legislative body (or temporarily by Senate and House leaders if the legislature is not in session).
  • Removal and suspension:
    • A commissioner may be recalled/removed for cause by a majority vote of the appointing house(s).
    • If the legislature is not in session, the Senate President Pro Tempore and House Speaker may suspend a commissioner temporarily.
  • Limitations on authority:
    • Commissioners must not exceed their commission or instructions.
    • For Article V conventions, a commission’s authority is limited to the narrowest of: (i) the congressional call; (ii) the narrowest application among those relied on by Congress to call the convention; or (iii) the actual terms of the application.
  • Oath required before service:
    • Specified oath (quoted): “I do solemnly swear (or affirm) that I accept and will act according to the limits of authority specified in my commission, by any present or subsequent instructions, and by the Faithful Article V Commissioner Act. I understand that violating this oath may subject me to penalties provided by law.”
  • Unauthorized action:
    • Defined as voting for, promoting, or otherwise supporting convention action outside the authorized scope (with an allowance for votes on clearly nonbinding recommendations).

Who is affected

  • Members of the North Carolina General Assembly (as potential commissioners or alternates).
  • Any individual the legislature appoints as a commissioner to an interstate convention.
  • The State of North Carolina in how it participates in interstate (Article V) conventions and related litigation or enforcement actions.
  • Indirectly, stakeholders in constitutional amendment procedures and groups advocating for interstate conventions.

Procedural / implementation notes

  • Commissioners must be selected by joint resolution (majority of both houses).
  • Oath must be taken before a person may serve as a commissioner.
  • Temporary administrative actions (suspension, alternate appointment) are available when the legislature is not in session.
  • The statute itself becomes the legal standard governing the appointment and conduct of commissioners; potential conflicts between commission actions and state law are subject to judicial resolution under existing state law.

Potential impacts and considerations

  • Narrows and formalizes North Carolina’s delegation to interstate conventions, limiting the risk of a delegate exceeding legislative intent at a broad or open-ended convention.
  • Increases legislative control and accountability over delegates (through qualifications, oath, recall/removal mechanisms).
  • May prompt judicial disputes if commissioners or conventions assert authority beyond the statutory limits; the statute contemplates legal accountability for oath violations.
  • Could serve as a model for other states seeking to constrain delegate authority at Article V conventions.

This summary is based on the bill text as provided (Article 31A, §§120‑272.100 et seq.). The full bill text should be consulted for detailed legal language, and legal counsel should be sought for questions about enforceability or constitutional interaction.

Compiled from official sources — confirm details with the bill’s official record.

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