HOUSE CONCURRENT RESOLUTION 69

(By Delegates Overington, Householder, Howell, Butler and Walters)

[Introduced March 8, 2017]

Selecting and Instructing Commissioners to an Article V Convention for Proposing a United States Balanced Budget Amendment.

Whereas, The Legislature of the State of West Virginia finds the national debt and mounting deficits to be an existential threat to the solvency, security, and prosperity of United States; and

Whereas, The States, acting in convention, have equal authority and responsibility with Congress under Article V to propose an amendment to the United States Constitution; and

Whereas, The Legislature of the State of West Virginia determines that a significant number of states have passed resolutions applying for a convention to propose a balanced budget amendment pursuant to Article V of the Constitution of the United States, thereby rendering it appropriate to select and instruct commissioners to any such convention called on or before December 31, 2018; therefore, be it

Resolved by the Legislature of West Virginia:

Section 1. Should a convention for proposing a balanced budget amendment to the United States Constitution be called by Congress pursuant to Article V of the Constitution on or before December 31, 2018, this State Legislature shall send a delegation to the convention.

Section 2. The delegation shall be comprised of three commissioners and an equal number of paired alternates, none of which shall be an elected or appointed official of the federal government at the time of election or any time during the term of office.

Section 3. The delegation shall be selected in the following manner:

(a) On a day and time jointly determined by the Speaker of the House and the President of the Senate, each house shall meet at the Capitol to elect commissioners and alternates at which a quorum shall be defined as those members of each body attending.

(b) By a majority vote of the members attending and voting, each body shall choose three commissioners and an equal number of paired alternates.

(c)The Speaker of the House of Delegates and the President of the Senate shall jointly choose one commissioner and one paired alternate.

(d) Should a delegation not be elected prior to the convening of the Nashville Balanced Budget Amendment Planning Convention in July of 2017, then the Speaker of the House and the [leader] of the Senate shall jointly appoint a delegation of commissioners and alternates to represent West Virginia at this convention. This delegation shall be subject to all instructions and restrictions provided in this resolution for the delegation to the Balanced Budget Amendment Convention.

Section 4. After the convention is convened, if a commissioner is not able to participate in the convention either permanently or temporarily, the commissioner’s respective alternate shall replace the commissioner for the time he or she is unable to serve. Should an alternate so designated not be able to participate in the convention, then the delegation shall choose a replacement from the remaining alternates.

Section 5. The delegation shall choose its presiding officer and organize in the manner it desires.

Section 6. The delegation has authority to represent this Legislature at formal and informal planning sessions related to the convention including the Nashville Balanced Budget Amendment Planning Convention which will convene in July of 2017; to conduct community meetings and hearings throughout the state prior to the convention, and to correspond with other state commissioners and delegations; provided, however, that the delegation and its members shall at all times adhere to the oath herein and to all instructions.

Section 7. The Legislature shall provide the delegation necessary support staff and pay all of the costs of attending the convention and all planning meetings, community meetings and hearings subject to available funding.

Section 8. The term of office for the delegation shall end on the later of December 31, 2018 or the adjournment of a balanced budget convention called prior to that date.

Section 9. Any member of a delegation knowing of any violation of the oath or other misbehavior by a commissioner shall report it to the Article V Convention Committee provided for below.

Section 10. Commissioners and alternates shall take the following Oath of Office prior to accepting their appointment:

I do solemnly swear or affirm that to the best of my abilities, I will, as a commissioner (alternate commissioner) to a convention for proposing a balanced budget amendment, uphold the Constitution and laws of the United States and the State of West Virginia.  I will abide by my instructions from the Legislature. I will not discuss or vote to allow consideration of or to approve any amendment proposed for ratification to the United States Constitution that is unrelated to the subject of a balanced budget amendment.

 I will vote only for convention rules that provide that each state have one equal vote, that no state or commissioner shall be allowed to propose an amendment that is unrelated to balancing the federal budget, and that all but procedural issues be resolved by a simple majority vote of the states voting on the issue. I acknowledge that any violation of this Oath may result in my being recalled by the Legislature or its authorized committee.

Section 11: Article V Convention Committee.

(a) An Article V Convention Committee shall be comprised of three individuals, one appointed by the President of the Senate, one appointed by the Speaker of the House, and one appointed jointly by each. No member of the Legislature’s Article V Convention Committee may be a member of the delegation.

(b) The duties of the Legislature’s Article V Convention Committee include:

(i) Monitoring the delegation to determine if it is following legislative instructions and obeying convention rules;

(ii) Advising the delegation on the Legislature’s position on issues before the convention;

(iii) Disciplining any commissioner who violates the oath of office or instructions or is otherwise guilty of malfeasance or nonfeasance; discipline may include recall from the convention or demotion to alternate delegate;

(iv) Notifying the convention that a commissioner has been recalled or converted to an alternate; and

(v) Replacing any recalled commissioner.

Section 12: Commissioners shall vote only for convention rules consistent with the following principles:

(a) The convention is convened under the authority granted to the state legislatures of the several states by Article V of the Constitution of the United States;

(b) The only participants at this convention are the several states represented by their respective delegations duly selected in such manner as their respective legislatures have determined.

(c) The scope of the convention’s authority is defined by applications adopted by at least two thirds of the legislatures of the several states, which authority is limited to the subject of a balanced budget amendment. The convention has no authority to propose or discuss an amendment on any other subject.

(d) The convention shall provide for disciplining a commissioner or delegation for exceeding the scope of the convention’s authority by raising subjects for discussion or debate that lie outside the convention’s authority.

(e) The convention shall not infringe on the respective state legislatures’ authority to instruct, discipline, recall and replace commissioners.

(f) A quorum for all sessions of the convention and for all committee meetings shall be a majority of the states attending the convention or serving as members of the relevant committee.

(g) All voting at the convention or in a committee shall be by state with each state having one vote, without apportionment or division. Each state legislature shall determine the internal voting and quorum rules for casting the vote of its delegation.

(h) A majority vote of the quorum shall prevail on all issues before the convention and in all committees save for procedural votes which may require a supermajority.

(i) An affirmative vote not greater than a majority of the several states shall be necessary to propose an amendment.