By Mr. Speaker, Mr. Chambers, and Delegate Ashley:
H. C. R. 10--"Calling for a conference of the states to
restore checks and balances between the states and the national
government."
Whereas, The United States Constitution established a
balanced compound system of governance and through the tenth
amendment, reserved all nondelegated and nonprohibited powers to
the states or to the people; and
Whereas, Over many years, the federal government has
dramatically expanded the scope of its power and preempted state
government authority and increasingly has treated states as
administrative subdivisions or as special interest groups, rather
than coequal partners; and
Whereas, The federal government has generated massive
deficits and continues to mandate programs that state and local
governments must administer; and
Whereas, The number of federal unfunded mandates has grown
exponentially during the last thirty years and has profoundly
distorted state budgets, thereby handcuffing the ability of state
leaders to provide appropriate and needed services to their
constituencies; and
Whereas, Since 1990, the federal government has enacted at
least forty-two major statutes imposing burdensome and expensive
regulations and requirements on states and localities, which is
nearly equal to all those enacted in the prior two decades
combined; and
Whereas, Persistent, state-led endeavors have consistently
failed to generate any substantial reaction or remedy from the
federal government; and
Whereas, The United States Supreme Court has repeatedly
determined that the states must look to the Congress and related
political remedies for protection against federal encroachments
on the reserved powers of the states; and
Whereas, In recent years, states have been the principal
agents of government reform, including updating their
constitutions, modernizing and restructuring governmental
institutions, and, along with local governments, have been the
pioneers of government innovation, thus responding to the needs
of their citizens; and
Whereas, The Legislature recognizes a sense of urgency in
calling for the conference of the states, whereby each state
government would send a delegation to develop a comprehensive
action plan to restore balance in the federal system; and
Whereas, The conference of the states will communicate broad
bipartisan public concern on the extent to which the American
political system has been distorted and provide a formal forum
for state governments to collectively propose constructive
remedies for a more balanced state-federal governance partnership
for the twenty-first century; therefore, be it
Resolved by the Legislature of West Virginia:
That a conference of the states be called to restore checks
and balances between the states and the national governmentsubject to the following:
(1) A delegation not to exceed seven voting persons from
West Virginia, shall be appointed to represent the state at a
conference of the states for the purposes described in section
(2) to be convened as provided in section (3). The delegation
shall not exceed seven voting persons as follows: (a) The
governor or, if the governor does not wish to be a member of the
delegation then a constitutional officer selected by the
governor; and (b) a number of legislators not to exceed six,
three from each house, of which at least one shall be from each
major political party, selected by the presiding officer of that
house. Each presiding officer may designate two alternate
legislator delegates, one from each party, who have voting
privileges in the absence of the primary delegates.
(2) The delegates to the Conference of the States will
propose, debate and vote on elements of an action plan to restore
checks and balances between states and the national government.
Measures agreed upon will be formalized in an instrument called
a state's petition and returned to the delegation's state for
consideration by the entire Legislature.
(3) The Conference of the States shall be convened under the
§501(c)3 auspices of the Council of State Governments in
cooperation with the National Governors' Association and the
National Conference of State Legislatures no later than 270 days
after at least 26 legislatures adopt a resolution of
participation.
(4) Prior to the official convening of the conference of the
states the steering committee will draft:
(a) The governance structure and procedural rules for the
conference;
(b) The process for receiving rebalancing proposals; and
(c) The financial and administrative functions of the
conference, including the council of state governments as fiscal
agent.
(5) The bylaws shall:
(a) Conform to the provisions of this resolution;
(b) Specify that each state delegation shall have one vote
at the conference; and
(c) Specify that the conference agenda be limited to
fundamental, structural, long-term reforms.
(6) Upon the official convening of the conference of the
states, the state delegations will vote upon and approve the
conference governing structure, operating rules and bylaws.