HB 1175

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