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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.
This bill requires South Dakota state agencies to follow five guiding principles when developing or running programs that could affect Native Americans living on reservations, including cooperating with tribal governments, respecting tribes as sovereign nations, communicating early and regularly with tribal officials, and being accountable for addressing tribal concerns. The law establishes a state policy of consulting with tribal governments but clarifies that it doesn't create any legal rights that people can enforce in court.
create a taskforce to study the creation of Indian medicaid managed care entities in the state.
South Dakota is creating a new taskforce to study whether Indian tribes in the state should establish their own managed care organizations to deliver Medicaid services to tribal members. The taskforce will include representatives from federally recognized tribes, state agencies, the legislature, healthcare providers, and the federal Bureau of Indian Affairs, and will be supported by the Department of Social Services.
amend the definition of law enforcement officer to include tribal law enforcement officers.
This bill expands the legal definition of "law enforcement officer" in South Dakota state law to include tribal law enforcement officers. This change means tribal officers will now be covered under state criminal code provisions that apply to law enforcement, likely affecting areas such as use of force rules, officer liability protections, and other law enforcement-related statutes.
revise provisions related to Division of Criminal Investigation cooperation with Indian tribes.
This bill expands the types of tribal positions for which the Division of Criminal Investigation can provide national criminal history background checks when Indian tribes request them, adding new categories like tribal conservation officers, gaming licensees, and foster parents or prospective adoptive parents. The bill also clarifies that tribes (or applicants themselves, if the tribe requires it) must pay all fees associated with these background checks conducted by state and federal agencies.
provide free admission to state parks and recreation areas for residents enrolled as members of Indian tribes.
South Dakota residents who are enrolled members of Indian tribes would receive free admission to all state parks and recreation areas, plus a 50 percent discount on camping and electrical service fees. The Department of Game, Fish and Parks would issue a lifetime park entrance license to qualifying individuals and develop rules for how people can apply and prove their tribal enrollment status.
recognizing the historical significance of the buffalo and celebrating their return to tribal lands in this state.
This is a legislative commemoration that honors the historical significance of buffalo and recognizes their importance to tribal nations in South Dakota, particularly the Oceti Sakowin. The resolution acknowledges the near-extinction of buffalo in the 1800s as a tragedy for Native communities and celebrates ongoing efforts to restore buffalo to tribal lands as a way to revitalize cultural traditions, strengthen food sovereignty, and support ecological restoration. While the bill makes technical amendments to various sections of state law, it is primarily a symbolic recognition rather than a substantive change to how the state governs or operates.
require that the Department of Revenue provide an annual report to Indian tribes regarding certain tax collections.
South Dakota's Department of Revenue must now send annual reports to Indian tribes showing how much sales tax was collected from their territories, with separate counts for remote sellers (like online retailers) and in-person sellers. The department must also estimate tax collected from tribal members in nine specific counties and provide back reports for the years 2020-2025 by December 1, 2026.
establish the South Dakota-tribal consultation commission.
South Dakota creates a new Tribal Consultation Commission to improve communication and cooperation between the state government and the nine federally recognized tribes in South Dakota. The commission will include representatives from each tribe, state officials, and legislative members, and will meet quarterly to discuss state initiatives and their potential effects on tribal communities.
modify provisions for a tax collection agreement with an Indian tribe.
South Dakota can now enter into tax collection agreements with Indian tribes to collect a broader range of taxes, including new categories like the gross receipts tax on visitor-related businesses and the excise tax on farm machinery. The state can retain an agreed-upon percentage of collected revenue as an administrative fee for handling the collections. This expands the types of taxes previously available under these agreements.
urging the United States Department of Homeland Security to establish a tribal law enforcement training academy in South Dakota.
This concurrent resolution doesn't change state law—instead, it's a formal request from South Dakota's legislature asking the federal Department of Homeland Security to establish a tribal law enforcement training academy in the state. The resolution emphasizes that South Dakota's location and its nine tribal nations make it an ideal location for such an academy to train law enforcement officers serving Native American communities across the country.