This bill amends existing provisions regarding the cooperation between the Division of Criminal Investigation and Indian tribes in South Dakota. It expands the scope of tribes that can request national criminal history record information from the Division, allowing any Indian tribe to obtain such information on individuals seeking or currently serving in various positions, including tribal council members, judges, and those involved in tribal educational institutions and child protection programs. The bill also clarifies that the criminal history record information should be obtained when it is not available through the Bureau of Indian Affairs.
Additionally, the bill modifies the requirements for background investigations for applicants or position holders. Instead of the Sisseton-Wahpeton Sioux Tribe being solely responsible for requiring background checks, any requesting Indian tribe must now submit completed fingerprint cards of the applicants to the Division of Criminal Investigation. The bill also specifies that the tribe or the applicant must pay all processing fees associated with the background checks conducted by both the Division and the Federal Bureau of Investigation.
Statutes affected: Introduced, 01/28/2026: 23-3-15.1, 23-3-15.2