H.J.R. 25

             1     

JOINT RESOLUTION ON FEDERAL FINANCIAL CRIMES

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Steve Eliason

             5     
Senate Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This joint resolution of the Legislature calls on the Congressional Budget Office to stop
             10      the practice of preparing misleading financial estimates on the financial impact of
             11      federal legislation and adhere to the accounting standards governing public companies
             12      and to Government Accounting Standards Board standard 45 governing state and local
             13      governments.
             14      Highlighted Provisions:
             15          This resolution:
             16          .    calls on the Congressional Budget Office to immediately change its policy of
             17      preparing financial estimates on the financial impact of federal legislation that are
             18      misleading and to adhere to accounting standards governing public companies;
             19          .    urges the members of Utah's congressional delegation to sponsor legislation
             20      mandating that, in estimating the financial impact of legislation, the Congressional
             21      Budget Office follow Generally Accepted Accounting Standards governing public
             22      companies and Government Accounting Standards Board standards, known as
             23      GASB 45, governing state and local governments; and
             24          .    urges that the Congressional Budget Office and Utah's congressional delegation take
             25      these actions to restore public faith and trust, strengthen the financial welfare and
             26      well-being of the nation, and increase transparency.
             27      Special Clauses:


             28          None
             29     
             30      Be it resolved by the Legislature of the state of Utah:
             31          WHEREAS, accounting standard setting bodies such as the Financial Accounting
             32      Standards Board (FASB) and the Government Accounting Standards Board (GASB) set
             33      standards so that investors, policy makers, citizens, and others can have relevant and reliable
             34      financial information;
             35          WHEREAS, public companies must abide by such standards to maintain the confidence
             36      of their investors and avoid regulatory entanglements;
             37          WHEREAS, when entities or individuals deviate from those standards, the results can
             38      bring about disastrous consequences for capital markets and individual investors;
             39          WHEREAS, accurate income measurement requires that revenues and expenses be
             40      recorded and reported accurately;
             41          WHEREAS, history is littered with the remnants of companies that have inaccurately
             42      recorded and reported revenues and expenses, including Enron Corporation, Bernard L. Madoff
             43      Investment Securities, and MF Global;
             44          WHEREAS, individuals that were entrusted with fiduciary duties of corporate and
             45      public trust and have engaged in fraudulent financial reporting have been removed from their
             46      positions of trust, and in some cases fined and incarcerated;
             47          WHEREAS, the Congressional Budget Office (CBO), in the normal course of business,
             48      has policies allowing financial estimates related to scoring the financial impact of bills on a
             49      bipartisan basis to be misleading and otherwise in violation of basic accounting principles, and
             50      has produced misleading estimates of financial information that have deceived policy makers
             51      and the American people;
             52          WHEREAS, the temptation exists for some members of the United States Congress to
             53      exploit CBO policies in an attempt to deceive fellow members of Congress and the American
             54      people, knowing that CBO policies have intentionally structured legislation to make their bills
             55      appear to be financially sound and balanced;
             56          WHEREAS, the United States government does not report estimated Medicaid,
             57      Medicare, and Social Security benefits as a liability in its financial statements;
             58          WHEREAS, the CBO and members of Congress should be held accountable to the


             59      same standards to which public companies and state and local governments are held;
             60          WHEREAS, the violation of basic accounting principles only serves to mislead
             61      investors, constituents, and state and local governments;
             62          WHEREAS, the CBO should immediately end its use of misleading financial estimates
             63      and adhere to standards that are required of public companies and state and local governments
             64      for the financial welfare and well-being of the nation;
             65          WHEREAS, Generally Accepted Accounting Standards require that companies report
             66      estimated postretirement benefits as a liability in their financial statements;
             67          WHEREAS, GASB, through standards known as GASB 45, requires that state and
             68      local governments report estimated Medicaid, Medicare, and Social Security benefits as a
             69      liability in their financial statements;
             70          WHEREAS, professional standards require companies to maintain an adequate system
             71      of internal controls;
             72          WHEREAS, deficiencies in internal controls must be remediated, or companies and
             73      state and local governments are subject to fines and penalties; and
             74          WHEREAS, restoring public faith and trust, strengthening the financial welfare and
             75      well-being of the nation, and increasing transparency should drive the CBO to take swift action
             76      regarding how a piece of legislation's fiscal impact is estimated:
             77          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah calls
             78      on the Congressional Budget Office to immediately change its policy of preparing misleading
             79      financial estimates on the financial impact of federal legislation and adhere to accounting
             80      standards governing public companies and Government Accounting Standards Board
             81      standards, known as GASB 45, governing state and local governments.
             82          BE IT FURTHER RESOLVED that the Legislature of the state of Utah urges the
             83      members of Utah's congressional delegation to sponsor legislation mandating that the
             84      Congressional Budget Office follow Generally Accepted Accounting Standards governing
             85      public companies and Government Accounting Standards Board standards, known as GASB
             86      45, governing state and local governments.
             87          BE IT FURTHER RESOLVED that the Legislature of the state of Utah urges that the
             88      Congressional Budget Office take these actions for the financial welfare and well-being of the
             89      nation.


             90          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the director of
             91      the Congressional Budget Office, the Majority Leader of the United States Senate, the Speaker
             92      of the United States House of Representatives, and the members of Utah's congressional
             93      delegation.




Legislative Review Note
    as of 2-20-14 4:31 PM


Office of Legislative Research and General Counsel


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