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H. 3886
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. G.R. Smith, Bowen, Parker, A.D. Young, Cato, Herbkersman, Erickson, Toole, Ballentine, Wylie, Stringer, Simrill, E.H. Pitts, Harrison, Spires, Edge, Crawford, Agnew, Allison, Bannister, Clemmons, Cole, Daning, Delleney, Forrester, Gambrell, Hamilton, Harrell, Hearn, Horne, Kelly, Kirsh, Limehouse, Littlejohn, Lowe, Lucas, Millwood, Nanney, Owens, M.A. Pitts, D.C. Smith, J.R. Smith, Sottile, Stewart, Thompson, Viers, White, Whitmire, Willis and T.R. Young
Document Path: l:\council\bills\gjk\20261sd09.docx
Introduced in the House on April 2, 2009
Currently residing in the House Committee on Judiciary
Summary: Congress
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/2/2009 House Introduced and read first time HJ-123
4/2/2009 House Referred to Committee on Judiciary HJ-123
3/15/2010 House Member(s) request name removed as sponsor: Bedingfield
3/23/2010 House Member(s) request name removed as sponsor: Haley
3/24/2010 House Member(s) request name removed as sponsor: Huggins
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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 trillions of 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, the unified federal budget for the current fiscal year does not reflect actual spending because of the exclusion of special outlays which are not included in the budget nor subject to the legal public debt limit; and
Whereas, knowledgeable planning and fiscal prudence require that the budget reflect all federal spending and that the budget be in balance; and
Whereas, believing that fiscal irresponsibility at the federal level, with the inflation which results from this policy, is the greatest threat which faces our nation, we firmly believe that constitutional restraint is necessary to bring the fiscal discipline needed to reverse this trend; and
Whereas, under 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 deem 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 United States 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 shall 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 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.
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