AN ACT
ENTITLED, An Act to limit the authority of delegates to a limited Article V convention to vote for
unauthorized amendments contrary to legislative instructions and to provide a civil fine for the
violation thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1)

"Article V convention," convention for proposing amendments as expressly provided in
Article V of the United States of America Constitution; and

(2)

"Article V application," a joint resolution passed by the State Legislature of South Dakota
on the same subject or containing the same proposed amendment text as thirty-three other
sovereign states requiring Congress to call an Article V convention by setting the time and
place; and

(3)

"Delegate" or "alternate," any person selected by the State Legislature of South Dakota
or any other method provided by law to represent the State of South Dakota at an Article
V convention; and

(4)

"Legislative instructions," instructions given by the State Legislature to delegates and
alternates before and during an Article V convention; and

(5)

"Unauthorized amendment," any proposed amendment that is outside the subject matter
or permitted text.

Section 2. No delegate from South Dakota to an Article V convention has the authority to vote
to allow consideration of or vote to approve an unauthorized amendment for ratification to the
United States of America Constitution. Any delegate casting a vote to allow consideration or
approval of an unauthorized amendment shall be immediately recalled by the secretary of state and
replaced by an alternate chosen by the Executive Board of the Legislative Research Council.

HB No. 1069

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