General Assembly; intergovernmental affairs.
The legislation significantly enhances the state's legislative control over who can represent Virginia in such conventions and sets clear procedural guidelines. One of the key features is the establishment of an advisory committee responsible for overseeing delegate activities and ensuring adherence to the Delegate's authority as established in the commissioning resolution. Failure to comply with the established boundaries will lead to severe penalties, reinforcing accountability among delegates.
Senate Bill 1138, introduced to amend the Code of Virginia, establishes a framework for the selection and responsibilities of delegates attending conventions aimed at proposing amendments to the U.S. Constitution under Article V. The bill outlines specific qualifications that delegates must meet, including being a U.S. citizen, a Virginia resident, and an active registered voter. It also imposes restrictions on who can serve as a delegate to ensure that individuals with certain backgrounds, such as federal lobbyists or contractors, are excluded from participation.
A notable point of contention within SB1138 arises from the penalties outlined for delegates who exceed their granted authority. It includes provisions for classifying such violations as felonies, which some critics may argue imposes excessive punishment and could deter individuals from participating in the political process. Moreover, the stipulations preventing delegates from voting on amendments that alter personal liberties enshrined in the Constitution could raise concerns about the potential for a constrained and politicized amendment process, limiting the spectrum of changes that could be proposed.