WEST virginia Legislature
2017 regular session
By
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to the Committee on the Judiciary.
A BILL to amend the Code
of West Virginia, 1931, as amended, be amended by adding thereto a new article,
designated §3-11A-1, §3-11A-2, §3-11A-3 and
§3-11A-4, all relating to providing a
procedure for West Virginia to select delegates to an Article V convention for proposing amendments to the
Constitution of the United States of America;
defining terms; setting forth delegate duties and responsibilities; and providing
a felony criminal penalty for violation of a delegate's oath.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new article,
designated §3-11A-1, §3-11A-2, §3-11A-3 and §3-11A-4, all to read as follows:
ARTICLE 11A. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.
§3-11A-1. Conventions
for proposing amendments to the Constitution of the United States; committees;
delegates.
(a) Committee of Correspondence for Article V Conventions for Proposing Amendments. The Legislature shall designate one or
more legislative committees for purposes of communicating, exchanging
information and otherwise engaging in discussion and dialogue with the several
states and Congressional delegation regarding acts, resolutions and issues
related to the Article V Convention rules,
process, potential amendments, interstate compacts, developing common
credentials and instructions for delegates and procedures for an Article V Convention for proposing amendments. It may vest
this function in the Joint Committee on Government and Finance, in existing
committees of each house, or in such other legislative committee as it may see
fit to establish.
(b) Prohibiting Delegates from Attending a Convention for Proposing Amendments if Congress Mandates Proportional Representation. -- Delegates from West Virginia may
only be authorized to attend an Article V Convention
for proposing amendments where each state has one equal vote.
§3-11A-2.
Definitions.
For the purposes of this article:
(1) "Article V Convention" means a "Convention for
proposing Amendments" as expressly provided in Article V of the Constitution of the United States of America;
(2) "Article V Application" means a Joint Resolution
passed by the Legislature on the same subject or containing the same proposed
amendment text as thirty-three other sovereign states requiring Congress to
call an Article V convention by setting the
time and place;
(3) "Delegate" or "alternate" means a person selected by the Legislature or any other
method provided by law to represent the State of West Virginia at an Article V convention;
(4) "Legislative
Instructions" means instructions given by the
State Legislature to delegates and alternates before and during an Article V Convention; and
(5) "Unauthorized
amendment" means a proposed amendment that
is outside the subject matter of the application, the call, the commission, or
any Legislative Instructions.
§3-11A-3. Delegates
duties and responsibilities.
(a) Delegates from West Virginia to an Article V Convention may not vote to allow consideration of or
vote to approve an unauthorized amendment for ratification to the United States
of America Constitution.
(b) Any delegate casting a vote to
allow consideration or approval of an unauthorized amendment shall be
immediately recalled by an official or committee authorized by a Resolution of
the Legislature and replaced by an alternate.
(c) Every candidate for delegate or alternate from West
Virginia to the Article V Convention shall take the
following oath:
"I do solemnly swear or affirm that to the best of my
abilities, I will, as a delegate or alternate to an Article V Convention,
uphold the Constitution and laws of the United States of America and the State of
West Virginia. I will not vote to allow consideration of or to approve any
unauthorized amendment proposed for ratification to the United States of
America Constitution".
(d) The Legislature or an official or committee authorized by
a Resolution of the Legislature shall certify in writing to the Article V
Convention the selection of delegates and alternates, the recall and
replacement of a delegate with and alternate and the nullification of
unauthorized votes cast by the delegate of West Virginia.
§3-11A-4. Violation of oath; criminal penalty.
Any Delegate who violates the oath contained in this article
is guilty of a felony and, upon conviction thereof shall be fined not more than
$1,000 or confined in a state correctional facility not less than one year, or
both fined and confined.
NOTE: The purpose of this bill is
to provide a procedure for West Virginia to select delegates to an Article V
Convention for proposing amendments to the Constitution of the United States of
America. The bill defines terms. The
bill sets forth delegate duties and responsibilities. The bill provides a
felony criminal penalty for violation of a delegate's oath.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.