Representative Kraig Powell proposes the following substitute bill:


1     
JOINT RESOLUTION CALLING FOR A BALANCED

2     
BUDGET AMENDMENT TO THE U.S. CONSTITUTION

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kraig Powell

6     
Senate Sponsor: Curtis S. Bramble

7     Cosponsors:
8     Jacob L. Anderegg
9     Stewart Barlow
10     Melvin R. Brown
11     Scott H. Chew
12     Kay J. Christofferson
13     Kim Coleman
14     Bruce R. Cutler
15     Rebecca P. Edwards
16     Steve Eliason
Justin L. Fawson
Brian M. Greene
Stephen G. Handy
Timothy D. Hawkes
Gregory H. Hughes
Ken Ivory
John Knotwell
Bradley G. Last
David E. Lifferth
Merrill F. Nelson
Jeremy A. Peterson
Dixon M. Pitcher
Paul Ray
Scott D. Sandall
Mike Schultz
V. Lowry Snow
Jon E. Stanard
John R. Westwood
Brad R. Wilson
17     

18     LONG TITLE
19     General Description:
20          This joint resolution of the Legislature calls for an Article V convention to propose a
21     balanced budget amendment to the United States Constitution.
22     Highlighted Provisions:
23          This resolution:
24          ▸     applies to Congress for the calling of a convention of the states, limited to proposing

25     an amendment to the United States Constitution requiring that, in the absence of a national
26     emergency, the total of all federal appropriations made by Congress for a specified period not
27     exceed the total of all estimated federal revenues for that period, together with any related and
28     appropriate fiscal restraints;
29          ▸     requests that this application be considered as covering the same subject matter as
30     the presently outstanding balanced budget applications from other states;
31          ▸     requests that this application be aggregated with the outstanding balanced budget
32     applications from the other states for the purpose of attaining the two-thirds of states
33     necessary to require the calling of a convention, but not be aggregated with any
34     applications on any other subject;
35          ▸     intends that the application made in this resolution constitute a continuing
36     application, in accordance with Article V of the United States Constitution, until the
37     legislatures of at least two-thirds of the several states have made applications on the
38     same subject; and
39          ▸     intends that this application supersede all previous applications by the Legislature of
40     the state of Utah on the same subject.
41     Special Clauses:
42          None
43     

44     Be it resolved by the Legislature of the state of Utah:
45          WHEREAS, under Article V of the Constitution of the United States, "The Congress,
46     whenever two thirds of both houses shall deem it necessary, shall propose amendments to this
47     Constitution, or, on the application of the legislatures of two thirds of the several states, shall
48     call a convention for proposing amendments, which, in either case, shall be valid to all intents
49     and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of
50     the several states, or by conventions in three fourths thereof"; and
51          WHEREAS, the Legislature of the state of Utah has determined that calling for a
52     balanced budget amendment to the United States Constitution is in the best interest of the
53     citizens of Utah and the citizens of the United States of America:
54          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, by
55     this resolution, and under the provisions of Article V of the United States Constitution, applies

56     to Congress for the calling of a convention of the states limited to proposing an amendment to
57     the Constitution of the United States requiring that, in the absence of a national emergency, the
58     total of all federal appropriations made by Congress for a specified period may not exceed the
59     total of all estimated federal revenues for that period, together with any related and appropriate
60     fiscal restraints.
61          BE IT FURTHER RESOLVED, it is the intent of the Legislature of the state of Utah
62     that the delegates to such convention are prohibited from considering any other amendment or
63     change to the Constitution of the United States.
64          BE IT FURTHER RESOLVED that the Legislature of the state of Utah respectfully
65     requests that this application be considered as covering the same subject matter as the presently
66     outstanding balanced budget applications from other states, including, but not limited to,
67     previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware,
68     Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi,
69     Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio,
70     Pennsylvania, Tennessee, and Texas.
71          BE IT FURTHER RESOLVED that the Legislature of the state of Utah respectfully
72     requests that this application be aggregated with the applications from those states for the
73     purpose of attaining the two-thirds of states necessary to require the calling of a convention, but
74     not be aggregated with any applications on any other subject.
75          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that this
76     application constitute a continuing application in accordance with Article V of the Constitution
77     of the United States until the legislatures of at least two-thirds of the several states have made
78     applications on the same subject; provided, however, that the Legislature retains the authority
79     to rescind this resolution and thereby cancel this application at any time for any reason.
80          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that
81     once the convention of the states applied for herein has been convened, the Legislature retains
82     full authority, at its sole discretion, to immediately rescind and thereby cancel this application
83     for convention, for any reason, including but not limited to, if the convention moves to
84     consider or propose any amendment or change to the United States Constitution other than the
85     amendment identified in this resolution.
86          BE IT FURTHER RESOLVED that the Legislature of the state of Utah intends that this

87     application supersede all previous applications by the Legislature on the same subject.
88          BE IT FURTHER RESOLVED that copies of this resolution be sent to the Vice
89     President of the United States, as President of the United States Senate, and to the Majority
90     Leader of the United States Senate, the Speaker of the United States House of Representatives,
91     and the members of Utah's congressional delegation.