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 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.

An Act to revise provisions related to Division of Criminal Investigation cooperation with Indian tribes.