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Page 5 B--Continuing The Discussion of COS, CFA
The purpose of this page is to present the text of all applications and
state laws submitted by the states dealing a "convention of
states" or "compact" to propose amendments. Due to the complexities of
some state legislature's web sites, FOAVC has, in some instances,
been unable to locate the appropriate application or legislation. This
missing information is noted below. FOAVC would appreciate anyone who
can provide a link to the needed information contacting us at firstname.lastname@example.org.
FOAVC believes in the principle of Res Ipsa Louquitur--let the facts
speak for themselves. FOAVC also believes people should have the
opportunity to make up their minds on an issue based on original
material rather than an interpretation by some individual or group. For
this reason FOAVC is presenting copies of the actual applications and
state laws thus far enacted in regards to COS/CFA. A brief description
of the state applications and state law from each state is next to the
Clicking on the icon will bring up a page showing the
material obtained from the official records of the state legislature.
In some instances FOAVC will reference material within the official
documents it believes may be of interest to the reader. The files
presented are accurate as of September, 2016. However FOAVC realizes
over time the laws shown on these pages may
become out of date. FOAVC would appreciate anyone who discovers the
state laws shown have been altered to contact the above email address
with this information so that we may update our information.
The state of Alabama enacted HJR 112 on May 22, 2015 as it COS
application. The resolution requires state laws regulating convention
delegates. HJR 112 requests the political agenda expressed by COS as
described elsewhere in this website.
Despite the requirements of HJR 112, FOAVC has
been unable to locate any Alabama state law dealing with the regulation
of convention delegates.
The state of Alaska enacted a "Countermand" application under HCR14 as
its "convention of states" application which was permanent enrolled as
Legislative Resolution 49 on September 15, 2016. Despite claims by COS that Alaska passed a "convention of states" application
Resolution 46 only addresses a "Countermand" or nullification
amendment. It does use the term "convention of states" but only in its
opening remarks. FOAVC has been unable to locate any state record
showing the Alaska state legislature has, in fact, passed a "convention
of states" application supporting the COS political agenda.
The state of Alaska enacted Legislative Resolution 46 which was
permanently enrolled on September 23, 2016. The resolution deals with
the regulation of convention delegates from the state of Alaska to a
convention for proposing amendments. The delegates are "representatives
of the legislature" and therefore not considered "free agents" and only
are "authorized" to complete the terms specified in Resolution 46.
Delegates are strictly limited only to support a "Countermand" or
nullification amendment meaning they are not authorized to support
neither the COS or CFA agenda.
The state of Florida enacted SM 476, an application for a convention for proposing amendments on May 9, 2014. According to a COS news release
COS claims this application as COS application. However while the
application does support the political agenda of COS, it contains no
language referring to a "convention of states" but instead refers to
an "Article V Convention."
The state of Florida enacted CS/HB 609 on July 1, 2014
enrolled in Florida Code as Title 50, Section 38. The law establishes
the regulation of convention delegates and provides for criminal felony
prosecution (page 9) (felony in the third degree) of up to five years in prison or a fine up to $5,000
for failure of any convention delegate to follow instructions of the
state legislature. The law calls for delegate selection by the
The state of Georgia enacted SR 736 as its COS application on April 22,
2014. The application matches the political agenda of COS.
The state of Georgia amended Georgia State Code, Title 50, adding
Section 38 dealing with a Compact for a Balanced Budget on April 12,
2014. As far as FOAVC can determine there is no corresponding state law
addressing any COS convention. Apparently convention delegates from
Georgia to a COS convention will be regulated by state laws intended to
regulate the CFA compact. The compact requires delegate selection by the state legislature only.
The state of Indiana enacted SJR 14 as its COS application on March 17,
2016. The application matches the political agenda of COS.
The state of Indiana enacted two bills, SB 224 and SB 225 on May 7,
2013. The two bills combined to add a new section to the Indiana Code
IC 2-8 and IC 2-8.2. IC 2-8 deals with the selection of convention
delegates by the state legislature, criminal felony prosecution (page
3) (a Class D felony of up to three years in prison and a possible fine not to exceed $10,000)
and the creation of an "Advisory" committee made up state officials to
"advise" delegates as to whether a contemplated vote violates state
The state of Indiana's second bill, SB 225 created IC 2-8.2 in Indiana
Code. IC 2-8.2 defines the qualifications for delegate, their oath
office and other associated duties.
The state of Louisiana enacted as its COS application, SCR 52 on June 7, 2016. The application matches the agenda of COS.
FOAVC has been unable to locate any Louisiana state law dealing with convention delegates.
The state of Oklahoma enacted SJR 4 as its COS application on April 27, 2016. The application is unique in that combines two
applications in the same measure. The first, found in sections 2
through 5 is a general balanced budget amendment and specifies (page 3)
that the application is to be aggregated with 28 other state
applications. The second, found in sections 6 through 9 calls for a COS
convention following the political agenda of COS and the application is
to be aggregated with the application of six other COS states.
FOAVC has been unable to locate any Oklahoma state law dealing with convention delegates.
The state of Tennessee enacted as its COS application SJR 67 on
February 9, 2016. The application follows the political agenda of COS.
FOAVC has been unable to locate any Tennessee state law dealing with convention delegates.
The "Compact for a Balanced Budget" regulates the convention, delegates
ratification and therefore requires no other legislative act by the
state. The state of Alaska enacted the CFA compact as HB 284 on July
The state of Georgia enacted the CFA compact as HB 794 which regulates convention, delegates and ratification on April 12, 2014.
The state of Mississippi enacted the CFA compact as SB2389 which
regulates convention, delegates and ratification on March 13, 2015.
The state of North Dakota enacted the CFA compact as EHB 1138 which
regulates convention, delegates and ratification on April 1, 2015.
Page Last Updated: 6-MARCH 2017