Revision: May 31, 2012, midnight
HCR 40 – FINAL VERSION
2012 SESSION
05/09
HOUSE CONCURRENT RESOLUTION 40
A RESOLUTION for the purpose of petitioning the Congress of the United States to adopt an amendment to the Constitution of the United States, for submission to the states, to require, with certain exceptions, that the federal budget be balanced; or, in the alternative, to call a convention for the sole and exclusive purpose of proposing a federal balanced budget amendment for submission to the states for ratification.
SPONSORS: Rep. Ulery, Hills 27; Sen. Carson, Dist 14
COMMITTEE: State-Federal Relations and Veterans Affairs
This resolution urges the United States Congress to adopt a balanced budget amendment to the Constitution of the United States or to call a constitutional convention for the purpose of proposing a federal balanced budget amendment for ratification by the states.
12-2819
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
A RESOLUTION for the purpose of petitioning the Congress of the United States to adopt an amendment to the Constitution of the United States, for submission to the states, to require, with certain exceptions, that the federal budget be balanced; or, in the alternative, to call a convention for the sole and exclusive purpose of proposing a federal balanced budget amendment for submission to the states for ratification.
Whereas, with each passing year this nation becomes deeply in debt as its expenditures grossly and repeatedly exceed available revenues so that the public debt now exceeds $12 trillion; and
Whereas, attempts to limit spending, including the impoundment of funds by the President of the United States, have resulted in strenuous assertions that the responsibility for appropriations is the constitutional duty of the Congress; and
Whereas, the annual federal budget repeatedly demonstrates the 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 budget does not reflect actual spending because of the exclusion of special outlays which are not in the budget; 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 is one of the greatest economic threats which faces our nation, we firmly believe that constitutional restraint is necessary to bring the fiscal discipline needed to reverse this trend; and
Whereas, the mounting debt level is putting our country not only at economic security risk, but it is opening our country up to a national security risk as our debt level restricts our capacity to act and shows weakness to our enemies; and
Whereas, under Article V of the Constitution of the United States, amendments to the United States 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
Resolved by the House of Representatives, the Senate concurring:
That the New Hampshire general court hereby petitions the Congress of the United States of America to adopt an amendment to the Constitution of the United States, for submission to the states for ratification, requiring, with certain exceptions, that for each fiscal year the president of the United States submit and the Congress of the United States adopt a balanced federal budget; or
That pursuant to Article V of the Constitution of the United States, the New Hampshire general court makes application to the Congress of the United States of America to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States, for submission to the states for ratification, requiring, with certain exceptions, that for each fiscal year the president of the United States submit and the Congress of the United States adopt a balanced federal budget; and
That if Congress adopts, within 90 days after the legislatures of two-thirds of the states have made application for such convention, an amendment to the Constitution of the United States similar in subject matter to that contained in this resolution, then this application for a convention shall no longer be of any force or effect; and
That this application and request be deemed null and void, rescinded, and of no effect in the event that such convention not be limited to the aforementioned specific and exclusive purpose of a Federal Balanced Budget Amendment; and
That this application shall be deemed null and void, rescinded, and of no effect in the event the United States Supreme Court rules that a convention cannot be limited to the subject stated in 34 such applications; and
That this application by the New Hampshire general court constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the Legislatures of the several states have made application for a similar convention pursuant to Article V or Congress has proposed an amendment to the Constitution of the United States similar in subject matter to that contained in this concurrent resolution; and
That certified copies of this concurrent resolution be transmitted by the house clerk to the President of the United States Senate, to the Speaker of the United States House of Representatives, to each member of the New Hampshire delegation to the Congress, and to the presiding officer of each house of each state legislature in the United States.
Approved May 16, 2012