GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH40134-MC-12
Short Title: Faithful Article V Commissioner Act. (Public)
Sponsors: Representative Riddell.
Referred to:
*DRH40134 -MC-12*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE FAITHFUL ARTICLE V COMMISSIONER ACT. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. Chapter 120 of the General Statutes is amended by adding a new 4
Article to read: 5
"Article 31A. 6
"Faithful Article V Commissioner Act. 7
"§ 120-272.100. Faithful Article V Commissioner Act. 8
(a) Findings. – The General Assembly finds as follows: 9
(1) In the years since the Declaration of Independence, and both before and after 10
ratification of the United States Constitution, the states and state legislatures 11
have, from time to time, met in interstate conventions (however denominated) 12
to consult upon and propose or adopt measures to address prescribed 13
problems. This continued a pre-Independence practice of American colonies 14
meeting in intercolonial conventions and congresses. 15
(2) The United States Constitution recognizes the authority of states and state 16
legislatures to commission commissioners to interstate conventions, subject 17
to the limitations set forth in the Constitution. It does so implicitly in Article 18
I, Section 9, and explicitly through Article V (authorizing conventions for 19
proposing amendments), and by reserving this previously existing state power 20
to the states through the Tenth Amendment. 21
(3) The authority to meet in convention is generally a power reserved to the states 22
by the Constitution; in the case of a convention for proposing amendments, 23
the power is granted to the several state legislatures through Article V of the 24
Constitution. 25
(4) Leading American Founders recognized the authority of states to coordinate 26
their efforts in ways that necessarily or properly included interstate 27
conventions. 28
(b) Definitions. – The following definitions apply in this section: 29
(1) Application. – An application for a convention for proposing amendments 30
relied upon by Congress in calling such a convention. 31
(2) Commission. – The document or documents whereby the state legislature 32
empowers a commissioner to an interstate convention and fixes the scope of 33
his or her authority. 34
(3) Committee. – A delegation of persons commissioned to an interstate 35
convention. 36
H.B. 214
Feb 25, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH40134-MC-12
(4) Convention for proposing amendments. – An interstate convention consisting 1
of committees commissioned by the legislatures of the several states and 2
called by Congress on the application of at least two-thirds of such legislatures 3
under the authority of Article V of the United States Constitution. 4
(5) Instructions. – Directions given to commissioners by the commissioning 5
authority or by that authority's agent designated for that purpose. Instructions 6
are given contemporaneously with or subsequent to a commission and may be 7
amended before or during an interstate convention. 8
(6) Interstate convention. – A diplomatic meeting, however denominated, of 9
committees from three or more states or state legislatures to consult upon and 10
propose or adopt measures pertaining to one or more issues previously 11
prescribed by applications, by the convention call, or by the commissioning 12
authority. 13
(c) Purposes. – The purposes of this section are to (i) clarify the scope of authority of 14
commissioners and committees representing the legislature of this State at interstate conventions, 15
(ii) provide for enforcing limits on such authority, (iii) provide methods of selecting and replacing 16
commissioners to conventions, and (iv) prescribe an oath to be taken by interstate convention 17
commissioners. 18
(d) Commissioners. – The following provisions apply to the number, selection, and 19
removal of commissioners: 20
(1) Commissioners to a convention for proposing amendments shall be selected 21
by a joint resolution passed by a majority vote of both houses of the North 22
Carolina General Assembly. The number of commissioners in this State's 23
committee shall be seven commissioners plus alternates. Three 24
commissioners to be chosen by the North Carolina Senate, three 25
commissioners chosen by the North Carolina House of Representatives, and 26
one at-large commissioner chosen by the General Assembly upon the joint 27
recommendation of the President Pro Tempore of the Senate and the Speaker 28
of the House of Representatives. 29
(2) A commissioner to a convention for proposing amendments may be recalled 30
and removed at any time for cause by a resolution passed by a majority vote 31
of the house or houses which made the appointment. If the legislature is not 32
in session, a commissioner may be suspended from their duties by agreement 33
of the President Pro Tempore of the Senate and the Speaker of the House of 34
Representatives. That suspension will be temporary until such time as a vote 35
by the appropriate appointing legislative body fails to uphold the suspension 36
or selects a permanent replacement. 37
(3) To serve as a commissioner or alternate an individual must meet all of the 38
following qualifications: 39
a. Be a citizen of the United States. 40
b. Reside in this State. 41
c. Be at least 21 years of age. 42
d. Not be a convicted felon. 43
e. Not be a registered lobbyist under the laws of this State. 44
f. Not hold any federal office nor be a federal employee or contractor. 45
g. Not hold any statewide elected office. 46
(4) Commissioners and alternates are subject to the same ethical laws of the State 47
as members of the North Carolina General Assembly. For purposes of 48
determining those requirements, applicable references to "legislators" shall be 49
interpreted as "commissioners" or "alternates." 50 General Assembly Of North Carolina Session 2025
DRH40134-MC-12 Page 3
(5) Of the commissioners and alternates selected, no more than four 1
commissioners and four alternates shall be sitting members of the North 2
Carolina General Assembly. 3
(e) Vacancies. – Vacancies in committees representing the State legislature at a 4
convention for proposing amendments shall be filled by the designated alternate. A new alternate 5
commissioner shall be approved by the appropriate appointing body of the North Carolina 6
General Assembly. If the legislature is not in session, a new alternate commissioner may be 7
approved by written agreement of the President Pro Tempore of the Senate and the Speaker of 8
the House of Representatives. That appointment will be temporary until such time as a vote by 9
the appropriate appointing legislative body selects a permanent replacement. 10
(f) Limitations on Commissioners' Powers. – No commissioner shall exceed the scope 11
of authority granted by his or her commission or violate his or her instructions. In the case of a 12
convention for proposing amendments, the scope of authority granted by any commission and 13
instructions shall not be deemed to exceed the narrowest of (i) the scope of the congressional 14
call, (ii) the scope of the narrowest application among those cited by Congress as mandating the 15
convention call, or (iii) the actual terms of the application. 16
(g) Oath. – No person may serve as a commissioner until the person has taken the 17
following oath: "I do solemnly swear (or affirm) that I accept and will act according to the limits 18
of authority specified in my commission, by any present or subsequent instructions, and by the 19
Faithful Article V Commissioner Act. I understand that violating this oath may subject me to 20
penalties provided by law." 21
(h) Unauthorized Action. – A person exceeds the scope of authority at an interstate 22
convention if, while serving as a delegate at an interstate convention, he or she votes for, votes 23
to consider, or otherwise promotes any action of the convention not within the scope defined in 24
subsection (f) of this section; provided, however, that a delegate may vote for or otherwise 25
support a measure clearly identified as a nonbinding recommendation rather than as a formal 26
proposal. A person exceeding the scope of authority under this section is guilty of a Class I 27
felony." 28
SECTION 2. This act is effective when it becomes law. 29