H 3074 Joint Resolution, By Barfield, Toole, Viers, Owens, Bikas and Clemmons
 A JOINT RESOLUTION TO REQUEST APPROPRIATE ACTION BY THE CONGRESS OF THE UNITED
 STATES, ON ITS OWN ACTION BY CONSENT OF TWO-THIRDS OF BOTH HOUSES OR ON THE
 APPLICATION OF THE LEGISLATURES OF TWO-THIRDS OF THE SEVERAL STATES, TO
 PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO REQUIRE THAT
 THE TOTAL OF ALL FEDERAL APPROPRIATIONS MAY NOT EXCEED THE TOTAL OF ALL
 ESTIMATED FEDERAL REVENUES IN ANY FISCAL YEAR, WITH CERTAIN EXCEPTIONS.

   12/07/10  House  Prefiled
   12/07/10  House  Referred to Committee on Invitations and Memorial
                     Resolutions
   01/11/11  House  Introduced and read first time (House Journal-page 34)
   01/11/11  House  Referred to Committee on Invitations and Memorial
                     Resolutions (House Journal-page 35)
   01/19/11  House  Member(s) request name added as sponsor: Viers
   01/26/11  House  Committee report: Favorable Invitations and
                     Memorial Resolutions (House Journal-page 3)
   01/27/11  House  Member(s) request name added as sponsor: Owens, Bikas
   01/27/11  House  Debate adjourned until Wednesday, February 2,
                     2011 (House Journal-page 28)
   02/02/11  House  Member(s) request name added as sponsor: Clemmons
   02/02/11  House  Read second time (House Journal-page 31)
   02/02/11  House  Roll call Yeas-71  Nays-20 (House Journal-page 31)
   02/03/11  House  Read third time and sent to Senate
                     (House Journal-page 16)
   02/03/11  Senate Introduced and read first time (Senate Journal-page 10)
   02/03/11  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 10)
   01/09/12  Senate Referred to Subcommittee: L.Martin (ch), Rankin,
                     Hutto, Bright, Davis

COMMITTEE REPORT

January 26, 2011

H. 3074

S. Printed 1/26/11--H.

Read the first time January 11, 2011.

To whom was referred a Joint Resolution (H. 3074) to request appropriate action by the Congress of the United States, on its own action by consent of two-thirds of both houses or on the application of the legislatures of, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

LISTON D. BARFIELD for Committee.

TO REQUEST APPROPRIATE ACTION BY THE CONGRESS OF THE UNITED STATES, ON ITS OWN ACTION BY CONSENT OF TWO-THIRDS OF BOTH HOUSES OR ON THE APPLICATION OF THE LEGISLATURES OF TWO-THIRDS OF THE SEVERAL STATES, TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO REQUIRE THAT THE TOTAL OF ALL FEDERAL APPROPRIATIONS MAY NOT EXCEED THE TOTAL OF ALL ESTIMATED FEDERAL REVENUES IN ANY FISCAL YEAR, WITH CERTAIN EXCEPTIONS.

Whereas, with each passing year this nation becomes more deeply in debt as its expenditures grossly and repeatedly exceed available revenues so that the public debt now exceeds 9.14 trillion dollars; and

Whereas, attempts to limit spending have resulted in strenuous objections that the responsibility for appropriations is the constitutional duty of the Congress; and

Whereas, the annual federal budget repeatedly demonstrates an unwillingness or inability of both the legislative and executive branches of the federal government to curtail spending to conform to available revenues; and

Whereas, believing that fiscal irresponsibility at the federal level, with the economic dislocation resulting from this policy, is the greatest threat which faces or nation, we firmly believe that constitutional restraint is necessary to bring the fiscal discipline needed to reverse this trend; and

Whereas, pursuant to Article V of the Constitution of the United States, amendments to the federal constitution may be proposed by the Congress whenever two-thirds of both houses consider it necessary, or on the application of the legislatures of two-thirds of the several states, the Congress shall call a constitutional convention for the purpose of proposing amendments. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The General Assembly of South Carolina proposes to the Congress of the Unites that procedures be instituted in the Congress to add a new Article XXVIII to the Constitution of the United States, and that the Congress prepare and submit to the several states an amendment to the Constitution of the United States requiring in the absence of a national emergency that the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of the estimated federal revenues, excluding any revenues derived from borrowing, for that fiscal year.

The General Assembly further and alternatively requests that the Congress of the United States call a constitutional convention for the specific and exclusive purpose of proposing such an amendment to the federal constitution, to be a new Article XXVIII.

The General Assembly also proposes that the legislatures of each of the several states comprising the United States apply to the Congress requiring it to call a constitutional convention for proposing such an amendment to the federal constitution, to be a new Article XXVIII, which must read substantially as follows:

The total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of the estimated federal revenues for that fiscal year, excluding any revenues derived from borrowing, and this prohibition extends to all federal appropriations and all estimated federal revenues, excluding any revenues derived from borrowing. The President in submitting budgetary requests and the Congress in enacting appropriation bills shall comply with this article. If the President proclaims a national emergency, suspending the requirement that the total of all federal appropriations not exceed the total estimated federal revenues for a fiscal year, excluding any revenues derived from borrowing, and two-thirds of all members elected to each house of the Congress so determine by joint resolution, the total of all federal appropriations may exceed the total estimated federal revenues for that fiscal year."

SECTION    2.    The Secretary of State is directed to forward copies of this resolution bearing the Great Seal of the State to the following persons: The President and Vice-President of the United States, the Speaker of the United States House of Representatives, and each member of the South Carolina Congressional Delegation in Washington, D.C.

SECTION    3.    This joint resolution takes effect upon approval by the Governor.