Changes to Existing Law

26.900.19 26.900.20 101st Legislative Session 1232 2026 South Dakota Legislature House Bill 1232 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Pourier Underscores indicate new language. Overstrikes indicate deleted language. An Act to establish principles for a state agency to consider when formulating or 1 implementing a policy or rule program that has direct the potential of affecting tribal implications. members 2 on a reservation. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 4 Section 1. That § 1-54-5 be AMENDED: 5 1-54-5. It is the policy of the state to consult with a NEW SECTION be added to chapter 1-54: 4 When formulating or implementing any policy or administrative rules tribal government regarding 6 the conduct of state government programs which that have 5 direct the potential of affecting tribal implications, 7 members on the a reservation. In developing or administering any program that has the 8 potential of affecting tribal members on a reservation, the state agency shall document its consideration of recognizes the following 6 9 guiding principles: 7 10 (1) Commitment to cooperation and collaboration between the agency and the each Indian 8 Tribes; 9 11 tribe; 12 (2) Understanding of and respect for the Indian tribes as sovereign nations and the 10 13 government-to-government relationship between the state and each tribe; 11 14 (3) Regular and early communication with tribal officials; 12 15 (4) Accountability when addressing issues raised by tribal officials regarding the policy 13 or rules; 16 program; and 14 17 (5) Preservation of the tribal-state relationship. 15 18 This section may not be construed to confer any substantive rights on any party in 19 any litigation or otherwise. 20

26.900.20 26.900.21 101st Legislative Session 1232 2026 South Dakota Legislature House Bill 1232 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Representative Pourier Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to establish principles for a state agency to consider when formulating or 1 implementing a program that has the potential of affecting tribal members 2 on a reservation. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. That § 1-54-5 be AMENDED: 5 1-54-5. It is the policy of the state to consult with a tribal government regarding 6 the conduct of state government programs which that have the potential of affecting tribal 7 members on the a reservation. In developing or administering any program that has the 8 potential of affecting tribal members on a reservation, the state recognizes the following 9 guiding principles: 10 (1) Commitment to cooperation and collaboration between the agency and each Indian 11 tribe; 12 (2) Understanding of and respect for the Indian tribes as sovereign nations and the 13 government-to-government relationship between the state and each tribe; 14 (3) Regular and early communication with tribal officials; 15 (4) Accountability when addressing issues raised by tribal officials regarding the 16 program; and 17 (5) Preservation of the tribal-state relationship. 18 This section may not be construed to confer any substantive rights on any party in 19 any litigation or otherwise. 20 26.900.21 2 1232 HB1232 ENROLLED An Act to establish principles for a state agency to consider when formulating or implementing a program that has the potential of affecting tribal members on a reservation. I certify that the attached Act originated in the: House as Bill No. 1232 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. 1232 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