SENATE CONCURRENT RESOLUTION NO. 42
(By Senators Sypolt, Barnes, Hall, Boley, Nohe, K. Facemyer, Green, Jenkins, Klempa and Prezioso)
Applying to the Congress of the United States to call a convention pursuant to Article V of the United States Constitution for the limited purpose to propose a Balanced Budget Amendment.
Whereas, The Legislature of the State of West Virginia hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a convention of the states limited to proposing an amendment to the Constitution of the United States requiring that in the absence of a national emergency the total of all federal appropriations made by the Congress for any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year; and
Whereas, This application is to be considered as covering the same subject matter as the presently outstanding balanced budget applications from other states, including, but not limited to, previously-adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Pennsylvania and Texas; and this application shall be aggregated with same for the purpose of attaining the two-thirds of states necessary to require the calling of a convention, but shall not be aggregated with any applications on any other subject; and
Whereas, This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two-thirds of the several states have made applications on the same subject. It supersedes all previous applications by this Legislature on the same subject;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby applies to the Congress of the Unites States to call a convention pursuant to Article V of the United States Constitution for the limited purpose to propose a Balanced Budget Amendment; and, be it
Further Resolved, That the State of West Virginia hereby applies and makes application to the Congress of the United States to call an amendment convention pursuant to Article V of the United States Constitution for the limited purpose of proposing a Balanced Budget Amendment; and, be it
Further Resolved, That the Clerk of the Senate transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate and the members of the West Virginia Congressional Delegation so that they may be apprised of the sense of the West Virginia Senate in this matter, and also to transmit copies hereof to the presiding officers of each of the legislative houses in the several states, requesting their cooperation.