SENATE CONCURRENT RESOLUTION NO. 13

(By Senators Ferns, D. Hall and Sypolt)

Urging the Congress of the United States to propose a balanced budget amendment to the United States Constitution and applying to the Congress, pursuant to Article V of the United States Constitution, to call a convention for proposing a balanced budget amendment.

            Whereas, The Legislature of West Virginia urges the Congress of the United States to propose a balanced budget amendment to the United States Constitution for the calling of a convention of the states limited to proposing an amendment to the United States Constitution 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, together with any related and appropriate fiscal restraints; and

            Whereas, It is the intention of the Legislature that matters shall not be considered at the convention that do not pertain to an amendment 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, together with any related and appropriate fiscal restraints; and

            Whereas, This application is to be considered as covering the balanced budget amendment language of the presently outstanding balanced budget applications from other states, including previously adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania and Texas. This application shall be aggregated with those other applications for the purpose of attaining the two thirds of states necessary to require the calling of a convention for proposing a balanced budget amendment, 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 United States Constitution until the legislatures of at least two thirds of the several states have made applications on the same subject or the Congress has proposed an amendment to the United States Constitution equivalent to the amendment proposed in this resolution. This application supersedes all previous applications by the Legislature of the State of West Virginia on the same subject; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Legislature hereby urges the Congress of the United States to propose a balanced budget amendment to the United States Constitution and applying to the Congress, pursuant to Article V of the United States Constitution, to call a convention for proposing a balanced budget amendment; and, be it

            Further Resolved, If the convention called by the Congress is not limited to considering a balanced budget amendment, then any delegates, representatives or participants from the State of West Virginia asked to participate in the convention are authorized to debate and vote only on a proposed amendment or amendments to the United States Constitution 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, together with any related and appropriate fiscal restraints; and, be it

            Further Resolved, This application constitutes a continuing application in accordance with Article V of the United States Constitution until the legislatures of at least two thirds of the several states have made applications on the same subject or the Congress has proposed an amendment to the United States Constitution equivalent to the amendment proposed in this resolution. This application supersedes all previous applications by the Legislature of the State of West Virginia on the same subject; and, be it

            Further Resolved, That the Clerk is hereby directed to forward copies of this resolution to the President and Secretary of the U. S. Senate, the Speaker and Clerk of the House of Representatives of Congress, the members of the Senate and House of Representatives from the State of West Virginia and to the presiding officers of each of the legislative houses of the several states, requesting their cooperation.