Bill > HB1196

This bill establishes rules for South Dakota's participation in an Article V convention, which is a process outlined in the U.S. Constitution (Article V) for proposing amendments to the Constitution. It defines key terms like "Article V convention" and "delegate," specifying that delegates must be at least 25 years old, residents of South Dakota for at least five years, and meet certain eligibility criteria, such as not having been a federal lobbyist, employee, or elected official within specified timeframes, and not having certain criminal convictions. The bill mandates that delegates take an oath to uphold the U.S. and South Dakota Constitutions and to act according to their commission and legislative instructions, specifically prohibiting them from considering or proposing "unauthorized amendments," which are defined as amendments outside the scope of the convention's purpose or permitted text. Delegates are to be appointed by the Legislature, which also has the power to recall them, with the Executive Board of the Legislative Research Council having interim recall authority when the Legislature is not in session. The bill outlines specific instructions delegates must follow, including upholding the "one state, one vote" principle, protecting guarantees of individual liberty, and staying within the enumerated subjects of the applications that led to the convention being called. It also details procedures for filling delegate vacancies, sets delegate salaries and expense allowances, prohibits delegates from accepting certain gifts, and establishes rules for delegation leadership and decision-making, including a provision that makes it a felony to bribe or obstruct a delegate.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/26952