HOUSE CONCURRENT RESOLUTION 115

(BY DELEGATES SKINNER, FOLK, FOSTER, MCCUSKEY, FLEISCHAUER, MANCHIN, ROWE AND SHOTT)

[ORIGINATING IN THE COMMITTEE ON THE JUDICIARY]

Requesting the Joint Committee on Government and Finance to study all versions of call for a constitutional convention before the legislature.

Whereas, a national effort is underway to pass state resolutions and bills calling for a constitutional convention to modify the U.S. Constitution; and

Whereas, the legislature has under consideration several versions the study should consider, including but not be limited to call of Article V convention, Convention of States, Compact of States versions before the legislature, and make any recommendations to ensure that the Constitution and West Virginia’s priorities are protected as this body considers any version of this national call; and

Whereas, some versions include the call to sharply limit what the federal government can do to advance the nation’s priorities, invest in the country’s future, and protect the rights and opportunities of all Americans; and

Whereas, among the many Constitutional amendments that could emerge from this effort include but are in no way limited to the consideration of a balanced budget amendment, impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress, overturn of the Citizens United decision, alter and strike current amendments as well as alter or strike the entire U.S. Constitution; and

Whereas, a Constitutional convention would open up the Constitution to any amendments its delegates should choose to propose. While West Virginia has considered the control of a West Virginia delegate chosen for a convention, the state is trusting that other states are giving the same thoughtful processes to delegate consideration, in turn opening up the constitution with varying state opinions of delegate authority; therefore, be it 

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study all versions of call for a constitutional convention before the legislature; and be it

Further Resolved, for the study to include but not be limited to the call of Article V convention, Convention of States, Compact of States versions before the legislature; and, be it

Further Resolved, This study should include but not be limited to questions of if a convention can be limited to certain issues; how the delegates would be selected; and make any recommendations to ensure that the Constitution and West Virginia’s priorities are protected by passing any version of this national call; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on the first day of the regular session, 2017, on its findings, conclusions and recommendations together with drafts of any legislation to effectuate its recommendations; and, be it,

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.