House Bill 3029 History
H. B. 3029
(By Delegates Overington, Butler, Householder, Cadle,
Gearheart, Canterbury and Ambler)
[Introduced March 21, 2013; referred to the
Committee on the Judiciary then Finance.]
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; definitions; 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.
_____For the purposes of this article:
_____(a) "Article V Convention" means a "Convention for proposing
Amendments" as expressly provided in Article V of the Constitution
of the United States of America;
_____(b) "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
_____(c) "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;
_____(d) "Legislative Instructions" means instructions given by the
State Legislature to delegates and alternates before and during an
Article V Convention; and
_____(e) "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
_____(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
§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 imprisoned in a state correctional facility
not less than one year, or both fined and imprisoned.
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
This article is new; therefore, it has been completely