Changes to Existing Law

26.830.15 26.830.16 101st Legislative Session 1175 2026 South Dakota Legislature House Bill 1175 Introduced by: Representative Pourier Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise provisions related to Division of Criminal Investigation cooperation 1 with Indian tribes. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 23-3-15.1 be AMENDED: 4 23-3-15.1. The Division of Criminal Investigation may, upon the request of the 5 Sisseton-Wahpeton Sioux Tribe any Indian tribe, obtain national criminal history record 6 information on any applicant for or holder of a position individual seeking to be or currently 7 serving: 8 (1) As a member of the tribal council or a district council; 9 (2) As judge of the tribal court; 10 (3) On a tribal commissions and boards board or commission; 11 (4) A As a tribal conservation officer; 12 (5) As an executive officer of a tribal commercial enterprise; 13 (6) As a faculty member or administrator of any tribal educational institution or 14 program; 15 (7) With tribal child protection and youth program responsibilities, to the extent that 16 such the criminal history record information is not available through the Bureau of 17 Indian Affairs by means of the Indian Child Protection and Family Violence Act; 18 (8) To work In a position working with tribal juvenile delinquents and offenders; 19 (9) As a tribal gaming licensee for whom criminal history background screening is not 20 available through the National Indian Gaming Commission; and 21 (10) As a tribal foster parent or prospective adoptive parent. 22 Section 2. That § 23-3-15.2 be AMENDED: 23 23-3-15.2. In order to determine the suitability of any applicant for or holder of a 24 position listed in § 23-3-15.1, the Sisseton-Wahpeton Sioux Tribe shall require a 25 26.830.15 2 1175 Underscores indicate new language. Overstrikes indicate deleted language. background investigation, by means of fingerprint checks by the Division of Criminal 1 Investigation and the Federal Bureau of Investigation, of each requesting Indian tribe shall 2 submit the completed fingerprint cards of the applicant or position holder. The tribe shall 3 submit completed fingerprint cards holder to the Division of Criminal Investigation. If no 4 disqualifying record is identified at the state level, the fingerprints shall be forwarded by 5 the Division of Criminal Investigation to the Federal Bureau of Investigation 26.830.16 2 1175 HB1175 ENROLLED for a national 6 criminal history record check. The tribe, or, if required by the tribe, the applicant or 7 position holder shall, holder, must pay all processing fees required either by the Division of 8 Criminal Investigation or the Federal Bureau of Investigation. 9 26.830.16 3 1175 HB1175 ENROLLED An Act to revise provisions related to Division of Criminal Investigation cooperation with Indian tribes. I certify that the attached Act originated in the: House as Bill No. 1175 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1175 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State