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Bill Summary · HCR 10

Overview

  • Bill: HCR 10 (House Concurrent Resolution 10)
  • Session: 2026
  • Jurisdiction: West Virginia
  • Introduced: January 20, 2026
  • Purpose: To apply to and urge Congress to call a convention of the states under Article V of the U.S. Constitution, limited to proposing amendments to repeal the Sixteenth Amendment (income tax) of the U.S. Constitution. The resolution also contemplates federal court action to compel Congress to call such a convention and directs communication to federal and state officials.

Main Purpose and Intent

  • The resolution seeks to initiate a constitutional process to repeal the Sixteenth Amendment, which authorizes Congress to levy taxes on income.
  • It requests Congress to call a convention of the states (as permitted by Article V) for the sole purpose of proposing an amendment to repeal the Sixteenth Amendment.
  • It outlines that this application should be treated as the same subject matter as similar applications from other states and should be aggregated toward obtaining two-thirds of states required to convene a limited convention, but not aggregated with applications on other topics.
  • It declares the application to be continuing until enough states have joined in similar applications.
  • Additionally, it calls for potential federal court action to compel Congress to fulfill its constitutional duty to call a convention.
  • It instructs the Clerk of the West Virginia House to transmit copies of the resolution to federal and state leaders to seek cooperation.

Key Provisions and Provisions Details

  • Application to Congress: Urges Congress to call a convention of the states limited to proposing an amendment repealing the Sixteenth Amendment (income tax).
  • Limited Convention: The convention would be limited to this single subject (repeal of income tax authorizing Congress to lay and collect taxes on income).
  • Aggregation and Continuity: The resolution specifies that it should be aggregated with other states’ applications on the same subject to reach the required two-thirds threshold, and it should be considered a continuing application until the threshold is met.
  • Legal Action: The resolution authorizes federal court action to compel Congress to act on the call for a convention.
  • Communications: Directs the Clerk to forward copies of the resolution to the President, the Senate and House leaders, and presiding officers of other states’ legislatures, requesting cooperation.

Who/What Would Be Affected

  • Federal Level: Congress (specifically the Senate and House of Representatives) would be urged or required to call a convention under Article V for proposing a repeal of the Sixteenth Amendment.
  • State Level: West Virginia’s Legislature would actively pursue and coordinate with other states; it would also engage in potential federal court action to compel Congressional action.
  • General Public: If a convention were to be convened and an amendment proposed, it could ultimately lead to a constitutional amendment repealing the income tax provision, with broad implications for federal taxation authority and tax policy.

Procedural and Timeline Aspects

  • Referral: Introduced January 20, 2026; referred to the Judiciary and then Rules committee.
  • Status: Filed for introduction; introduced in the House and sent to the House Judiciary committee.
  • Timeline Implications: The resolution makes this a continuing application, pending two-thirds state participation necessary to trigger a limited convention. The request for federal court action adds a potential litigation step to accelerate or compel congressional action.

Summary

HCR 10 is a West Virginia House Concurrent Resolution that urges Congress to call a limited Article V convention to propose an amendment repealing the Sixteenth Amendment (income tax). It emphasizes aggregating with other states’ similar applications, maintains the application as ongoing until two-thirds of states join, and contemplates federal court action to compel Congressional action. It also calls for official communications to federal and state leaders to seek cooperation.

Compiled from official sources — confirm details with the bill’s official record.

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