South Carolina General Assembly
119th Session, 2011-2012
H. 3074
STATUS INFORMATION
Joint Resolution
Sponsors: Reps. Barfield, Toole, Viers, Owens, Bikas and Clemmons
Document Path: l:\council\bills\bbm\9865htc11.docx
Introduced in the House on January 11, 2011
Introduced in the Senate on February 3, 2011
Currently residing in the Senate Committee on Judiciary
Summary: Request to Congress
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/7/2010HousePrefiled
12/7/2010HouseReferred to Committee on Invitations and Memorial Resolutions
1/11/2011HouseIntroduced and read first time (House Journalpage34)
1/11/2011HouseReferred to Committee on Invitations and Memorial Resolutions (House Journalpage35)
1/19/2011HouseMember(s) request name added as sponsor: Viers
1/26/2011HouseCommittee report: Favorable Invitations and Memorial Resolutions (House Journalpage3)
1/27/2011HouseMember(s) request name added as sponsor: Owens, Bikas
1/27/2011HouseDebate adjourned until Wednesday, February 2, 2011 (House Journalpage28)
2/2/2011HouseMember(s) request name added as sponsor: Clemmons
2/2/2011HouseRead second time (House Journalpage31)
2/2/2011HouseRoll call Yeas71 Nays20 (House Journalpage31)
2/3/2011HouseRead third time and sent to Senate (House Journalpage16)
2/3/2011SenateIntroduced and read first time (Senate Journalpage10)
2/3/2011SenateReferred to Committee on Judiciary(Senate Journalpage10)
1/9/2012SenateReferred to Subcommittee: L.Martin (ch), Rankin, Hutto, Bright, Davis
VERSIONS OF THIS BILL
12/7/2010
1/26/2011
COMMITTEE REPORT
January 26, 2011
H.3074
Introduced by Reps. Barfield, Toole and Viers
S. Printed 1/26/11--H.
Read the first time January 11, 2011.
THE COMMITTEE ON
INVITATIONS AND MEMORIAL RESOLUTIONS
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 twothirds of both houses or on the application of the legislatures of, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass:
LISTON D. BARFIELD for Committee.
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AJOINT RESOLUTION
TO REQUEST APPROPRIATE ACTION BY THE CONGRESS OF THE UNITED STATES, ON ITS OWN ACTION BY CONSENT OF TWOTHIRDS OF BOTH HOUSES OR ON THE APPLICATION OF THE LEGISLATURES OF TWOTHIRDS 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 twothirds of both houses consider it necessary, or on the application of the legislatures of twothirds 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:
SECTION1.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:
“Article XXVIII
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 twothirds 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.”
SECTION2.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 VicePresident 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.
SECTION3.This joint resolution takes effect upon approval by the Governor.
XX
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