Changes to Existing Law

Definitions. 2-15-16. Terms used in §§ 2-15-17 to 2-15-21, inclusive, 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 two-thirds of the states requiring applying to Congress to call an Article V convention by setting the time and place; and place for the convention;;and (2) "Article V convention," a convention for proposing amendments to the United States Constitution, as provided in U.S. Const., Art. V; (3) "Delegate" or "alternate," any person person"Delegate," an individual selected by the State Legislature of South Dakota or any other method provided by law to represent the State of South Dakota this state at an Article V convention; and (4) "Legislative instructions," instructions given by the State Legislature to delegates and alternates a delegate before and during an Article V convention; and (5) "Unauthorized amendment," any proposed an amendment to the United States Constitution that is raised for consideration at an Article V convention and is outside the subject matter or permitted text. 21

2-15-17. No A delegate from South Dakota this state to an Article V convention has the authority to may not vote to allow consideration of or vote to approve consider or propose 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 must be immediately recalled by the secretary of state and replaced by an alternate chosen by the Executive Board of the Legislative Research Council. 5

Oath of candidate for delegate or alternate. 2-15-18. Every candidate for delegate or alternate from South Dakota to the Each individual appointed to be a delegate from this state to an Article V convention shall take the following oath: "I do solemnly swear or affirm that I will, to the best of my abilities, I will, as a delegate or alternate to an Article V convention, uphold the Constitution and laws of the United States of America and the State of South Dakota. I accept and will act according to the limits of the authority specified in my commission and any present or subsequent instructions that I receive from the Legislature or the Executive Board of the Legislative Research Council. I will not vote to allow consideration of or to approve consider or propose any unauthorized amendment proposed raised for ratification to the United States of America Constitution." Constitution. I understand that violating this oath may subject me to any penalties provided by law, and that I may be recalled from my duties by the Legislature or the Executive Board of the Legislative Research Council." Upon execution of the oath or affirmation, the oath or affirmation must be filed with the secretary of state. 21

Certifications by 2-15-19. Upon receipt of a delegate's sworn oath, the secretary of state. state shall provide to the delegate an official copy of the executed oath, and the delegate's commissioning resolution. The secretary of state shall certify in writing to the Article V convention the selection of delegates and alternates, the recall and replacement of any delegate or alternate, and the nullification of an unauthorized votes vote cast by any a delegate of South Dakota. Dakota this state. 29

Participation in conventions in which each state possesses one vote. 2-15-21. Nothing in §§ 2-15-16 to 2-15-20, inclusive, this authorizes the The State of South Dakota to may not participate in any Article V convention in which each of the states does not possess one vote equal to the other states. states if the structure of the convention does not require states to vote on the basis of one state, one vote. 4