First Substitute H.J.R. 8

Representative Kraig Powell proposes the following substitute bill:


             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      Cosponsors:
             8      Rebecca D. Lockhart
             9      Ken IvoryDavid E. Lifferth
Mike K. McKell
Dixon M. PitcherDouglas V. Sagers
Jon E. Stanard              10     
             11      LONG TITLE
             12      General Description:
             13          This joint resolution of the Legislature calls for an Article V convention to propose a
             14      balanced budget amendment to the United States Constitution.
             15      Highlighted Provisions:
             16          This resolution:
             17          .    applies to Congress for the calling of a convention of the states, limited to proposing
             18      an amendment to the United States Constitution requiring that, in the absence of a
             19      national emergency, the total of all federal appropriations made by Congress for a
             20      specified period not exceed the total of all estimated federal revenues for that
             21      period, together with any related and appropriate fiscal restraints;
             22          .    requests that this application be considered as covering the same subject matter as
             23      the presently outstanding balanced budget applications from other states;
             24          .    requests that this application be aggregated with the outstanding balanced budget


             25      applications from the other states for the purpose of attaining the two-thirds of states necessary
             26      to require the calling of a convention, but not be aggregated with any applications on any other
             27      subject;
             28          .    intends that the application made in this resolution constitute a continuing
             29      application, in accordance with Article V of the United States Constitution, until the
             30      legislatures of at least two-thirds of the several states have made applications on the
             31      same subject; and
             32          .    intends that this application supersede all previous applications by the Legislature of
             33      the state of Utah on the same subject.
             34      Special Clauses:
             35          None
             36     
             37      Be it resolved by the Legislature of the state of Utah:
             38          WHEREAS, under Article V of the Constitution of the United States, "The Congress,
             39      whenever two thirds of both houses shall deem it necessary, shall propose amendments to this
             40      Constitution, or, on the application of the legislatures of two thirds of the several states, shall
             41      call a convention for proposing amendments, which, in either case, shall be valid to all intents
             42      and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of
             43      the several states, or by conventions in three fourths thereof"; and
             44          WHEREAS, the Legislature of the state of Utah has determined that calling for a
             45      balanced budget amendment to the United States Constitution is in the best interest of the
             46      citizens of Utah and the citizens of the United States of America:
             47          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, by
             48      this resolution, and under the provisions of Article V of the United States Constitution, applies
             49      to Congress for the calling of a convention of the states limited to proposing an amendment to
             50      the Constitution of the United States requiring that, in the absence of a national emergency, the
             51      total of all federal appropriations made by Congress for a specified period may not exceed the
             52      total of all estimated federal revenues for that period, together with any related and appropriate
             53      fiscal restraints.
             54          BE IT FURTHER RESOLVED that the Legislature of the state of Utah respectfully
             55      requests that this application be considered as covering the same subject matter as the presently


             56      outstanding balanced budget applications from other states, including, but not limited to,
             57      previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware,
             58      Florida, Georgia, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada,
             59      New Hampshire, New Mexico, North Carolina, Ohio, Pennsylvania, and Texas.
             60          BE IT FURTHER RESOLVED that the Legislature of the state of Utah respectfully
             61      requests that this application be aggregated with the applications from those states for the
             62      purpose of attaining the two-thirds of states necessary to require the calling of a convention, but
             63      not be aggregated with any applications on any other subject.
             64          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that this
             65      application constitute a continuing application in accordance with Article V of the Constitution
             66      of the United States until the legislatures of at least two-thirds of the several states have made
             67      applications on the same subject; provided, however, that the Legislature retains the authority
             68      to rescind this resolution and thereby cancel this application at any time for any reason.
             69          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that
             70      once the convention of the states applied for herein has been convened, the Legislature retains
             71      full authority, at its sole discretion, to immediately rescind and thereby cancel this application
             72      for convention if the convention moves to consider or propose any amendment or change to the
             73      United States Constitution other than the amendment identified in this resolution.
             74          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that this
             75      application supersede all previous applications by the Legislature on the same subject.
             76          BE IT FURTHER RESOLVED that copies of this resolution be sent to the Vice
             77      President of the United States, as President of the United States Senate, and to the Majority
             78      Leader of the United States Senate, the Speaker of the United States House of Representatives,
             79      and the members of Utah's congressional delegation.


[Bill Documents][Bills Directory]