State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
HOUSE BILL NO. 1222
Introduced by: Representatives Steele, Bolin, Boomgarden, Cronin, Deelstra, Dennert,
Gosch, Greenfield, Haggar, Hickey, Hoffman, Jensen, Kirschman, Kopp,
Nelson (Stace), Olson (Betty), Russell, Stricherz, Venner, Verchio, and Wick
and Senators Novstrup (Al), Brown, Fryslie, Johnston, Olson (Russell),
Peters, Rave, and Rhoden
FOR AN ACT ENTITLED, An Act to limit the authority of South Dakota delegates to an
Article V convention to amend the United States Constitution, to prohibit any delegate from
exceeding such authority, and to provide certain penalties therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms, as used in this Act, mean:
(1) "Convention," a convention for proposing amendments applied for and called under
the authority of Article V of the United States Constitution;
(2) "Delegate," any person elected or appointed to serve as a delegate to a limited
convention from the state of South Dakota;
(3) "Limited amendment convention" or "limited convention," a convention called for
by Congress upon the qualifying application of two-thirds of the states for the same
(4) "Pertinent amendment,"any or all proposed draft amendments to the United States
Constitution, whether verbatim or substance, as set forth in an application of any
state for a limited convention;
(5) "Qualifying application," a resolution or application of any state calling for a limited
convention for the sole purpose of deciding whether or not to propose any specific
amendment drawn from pertinent amendments as set forth in an application of any
state for a limited convention; and
(6) "Unauthorized amendment," any potential amendment considered or proposed by a
limited convention other than the pertinent amendments.
Section 2. No delegate, while serving as a delegate from the State of South Dakota to a
limited convention, may vote to consider, approve, or propose an unauthorized amendment.
However, any delegate may debate, deliberate, amend, consider, and approve any pertinent
amendments, as defined in this Act, in order to facilitate the best reformulation of the wording
and substance of any or all of the proposed draft amendments, as set forth in an application of
any state for a limited convention.
Section 3. Prior to receiving certification from the secretary of state, each delegate shall take
the following oath: "I do solemnly swear (or affirm) that I accept and shall act according to the
limits of authority provided by the Limited Amendment Convention Act of 2012, and that I will
not vote to consider, approve, or propose any unauthorized amendment. I understand and accept
that violating this oath may subject me to penalties provided by law."
Section 4. No person may qualify as a candidate for the position of delegate prior to taking
the oath specified in section 3 of this Act.
Section 5. Any vote taken by a delegate at a limited convention in violation of this Act is
null and void. The credentials of any delegate casting such vote are also voided by such act, and
the delegate is immediately disqualified from further service.
Section 6. Each delegate shall advocate that the limited convention adopt, as its first act or
at the earliest opportunity, rules that shall include, and shall be consistent with, the following:
(1) That the sole and exclusive purpose of the convention is to consider the pertinent
(2) That following a final vote on a motion to propose the specific amendment drawn
from the pertinent amendments during the course of the convention's deliberations,
the business of the convention shall immediately terminate and the convention shall
be dissolved; and
(3) That any unauthorized amendment proposed by the convention is null and void.
Section 7. The Executive Board of the Legislative Research Council shall, upon a showing
that any delegate has violated his or her oath, promptly revoke the delegate's certification and
recall the delegate from the convention.
Section 8. Any delegate who knowingly violates the oath taken pursuant to section 3 of this
Act is subject to a Class 6 felony. The attorney general shall prosecute any violation of this
Section 9. The secretary of state shall certify in writing the selection of each delegate to the
limited amendment convention after the delegate takes the oath pursuant to section 3 of this Act.
The secretary of state shall provide a copy of the certification to each delegate and to the officers
of the limited convention. No delegate may vote or otherwise serve at the limited amendment
convention without the secretary of state's certification.
Section 10. A challenge to the validity of any unauthorized amendment may be brought in
any circuit court of this state by any adversely affected party, including the Legislature of the
state, either house thereof, or the attorney general, acting on behalf of the state.
Section 11. The Legislature of the State of South Dakota may neither consider nor ratify any
unauthorized amendment within the meaning of this Act.
Section 12. This Act may be cited as the Limited Amendment Convention Act of 2012.