H.J.R. 8

             1     

JOINT RESOLUTION PROPOSING A BALANCED BUDGET

             2     
AMENDMENT TO THE UNITED STATES CONSTITUTION

             3     
2014 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Kraig Powell

             6     
Senate Sponsor: ____________

             7     
             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature calls for a balanced budget amendments
             11      convention to propose a balanced budget amendment to the United States Constitution.
             12      Highlighted Provisions:
             13          This resolution:
             14          .    applies to Congress for the calling of a convention of the states, limited to proposing
             15      an amendment to the United States Constitution requiring that, in the absence of a
             16      national emergency, the total of all federal appropriations made by Congress for any
             17      fiscal year not exceed the total of all estimated federal revenues for that fiscal year,
             18      together with any related and appropriate fiscal restraints;
             19          .    requests that this application be considered as covering the same subject matter as
             20      the presently outstanding balanced budget applications from other states;
             21          .    requests that this application be aggregated with the outstanding balanced budget
             22      applications from the other states for the purpose of attaining the two-thirds of states
             23      necessary to require the calling of a convention, but not be aggregated with any
             24      applications on any other subject;
             25          .    intends that the application made in this resolution constitute a continuing
             26      application, in accordance with Article V of the United States Constitution, until the
             27      legislatures of at least two-thirds of the several states have made applications on the


             28      same subject; and
             29          .    intends that this application supersede all previous applications by the Legislature of
             30      the state of Utah on the same subject.
             31      Special Clauses:
             32          None
             33     
             34      Be it resolved by the Legislature of the state of Utah:
             35          WHEREAS, under Article V of the Constitution of the United States, "The Congress,
             36      whenever two thirds of both houses shall deem it necessary, shall propose amendments to this
             37      Constitution, or, on the application of the legislatures of two thirds of the several states, shall
             38      call a convention for proposing amendments, which, in either case, shall be valid to all intents
             39      and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of
             40      the several states, or by conventions in three fourths thereof"; and
             41          WHEREAS, the Legislature of the state of Utah has determined that calling for a
             42      balanced budget amendment to the United States Constitution is in the best interest of the
             43      citizens of Utah and the citizens of the United States of America:
             44          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, by
             45      this resolution, and under the provisions of Article V of the United States Constitution, applies
             46      to Congress for the calling of a convention of the states limited to proposing an amendment to
             47      the Constitution of the United States requiring that, in the absence of a national emergency, the
             48      total of all federal appropriations made by Congress for any fiscal year may not exceed the total
             49      of all estimated federal revenues for that fiscal year, together with any related and appropriate
             50      fiscal restraints.
             51          BE IT FURTHER RESOLVED that the Legislature of the state of Utah respectfully
             52      requests that this application be considered as covering the same subject matter as the presently
             53      outstanding balanced budget applications from other states, including, but not limited to,
             54      previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware,
             55      Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New
             56      Hampshire, New Mexico, North Carolina, Pennsylvania, and Texas;
             57          BE IT FURTHER RESOLVED that the Legislature of the state of Utah respectfully
             58      requests that this application be aggregated with the applications from those states for the


             59      purpose of attaining the two-thirds of states necessary to require the calling of a convention, but
             60      not be aggregated with any applications on any other subject.
             61          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that this
             62      application constitute a continuing application in accordance with Article V of the Constitution
             63      of the United States until the legislatures of at least two-thirds of the several states have made
             64      applications on the same subject.
             65          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that this
             66      application supersede all previous applications by the Legislature on the same subject.
             67          BE IT FURTHER RESOLVED that copies of this resolution be sent to the Majority
             68      Leader of the United States Senate, the Speaker of the United States House of Representatives,
             69      and the members of Utah's congressional delegation.




Legislative Review Note
    as of 1-21-14 4:33 PM


Office of Legislative Research and General Counsel


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