Lawmakers in various committees are dealing with bills to improve state-tribal relations and cooperation.

One of those bills creates principles for state government to follow when developing and administering programs that could impact tribal members. HB 1232 asks the state to follow principles such as preserving state-tribal relationships respecting the sovereignty of Indian tribes and communicating with tribal officials.

Rep. Peri Pourier is the prime sponsor. She told the House State Affairs Committee it’s modeled after Montana law, and it “affirms in statute that South Dakota treats tribal governments as they are.”

“Sovereign nations, not just another interest group. Tribal governments are not counties or municipalities. Their authority comes from a different legal source. Our obligations to them are different,” Pourier said. “By adopting these consultation principles in law, the Legislature is saying, ‘We recognize that unique status and will conduct ourselves accordingly.’ This is not just a matter of respect; it’s a matter of legal accuracy and stability.”

The bill met some opposition in its initial hearing on Friday over administrative and legal issues in the original language. Action on HB 1232 was deferred until Monday to allow time for lawmakers to amend the bill accordingly.

That led to unanimous approval in the House State Affairs Committee.

That same committee killed a bill that would have created a South Dakota-tribal consultation commission with members of the Legislature, executive branch, a member of all nine tribes and the secretary of the Department of Tribal Relations. The bill aimed to work collaboratively among all stakeholders and then submit an annual report on findings. The committee would have met at least once every three months.

The bill, which was introduced by Rep. Eric Emery, was supported by Chairman of the Sisseton Wahpeton Oyate Garret Renville, Vice President of the Oglala Sioux Tribe Alicia Mousseau and Kevin Killer who said he was representing the Rosebud Sioux Tribe.

It was opposed by Algin Young, the Secretary of the South Dakota Department of Tribal Relations. He argued meeting four times a year wouldn't fix relationship issues, but rather a sense of "openness" would be more beneficial. He also said the bill would duplicate efforts of tribal liaisons, the South Dakota Department of Tribal Relations and the Legislative State-Tribal Relations Committee, saying Emery's proposal "risks duplication, confusion over roles and unnecessary administration of costs without an added benefit." Emery argued the State-Tribal Relations Committee is limited in its scope, and the proposed commission would allow more open communication and more opportunity with a larger scope.

Rep. Scott Odenbach is one of two Republicans who voted in favor of moving the bill to the floor.

"When we often around here talk about the issues with our friends with our neighbors, our fellow citizens in Indian country, you hear about families, you hear about crime issues, you hear about law enforcement, you hear about Medicaid costs, health care issues out there, and for years like my whole political career, sometimes the conversations end with people just throwing up their hands and almost feeling or saying nothing can be done," Odenbach said. "There's big, big issues there...I'm kind of in the mode of if we're talking more, maybe better solutions come up and more collaboration comes up."

Emery also mentioned that the legislative body had issued legislation on relationships with Taiwan.

"They are their own government," Emery said. "I mean this would be in my mind kind of treated the same way since each of the tribes are essentially their own government. We are bolstering that relationship as well."

Lawmakers on the House State Affairs Committee expressed concern that four meetings were too many and that a body could be created without putting it in legislation/state statute.

Rep. Tim Reisch said he thinks there are better ways to mend the relationships.

"My concern would be that this commission would maybe not amount to a whole lot. I am also concerned about four meetings a year, whether they'd be in a rush and not as productive in maybe meeting twice a year," Reisch said. "I'm skeptical about the real value in something like this, I think we'd be better off having the governor work directly with the tribes individually and having a meeting once a year with each member."

The committee voted to kill the bill eight to four.

Rep. Peri Pourier is backing another bill in the House Judiciary Committee targeting state-tribal cooperation. HB 1175 lets tribes ask the Division of Criminal Investigation to obtain a criminal history record of individuals seeking certain roles like a tribal foster parent or a tribal council member.

Pourier said the Sisseton Wahpeton Oyate already has this option. This bill grants it to other tribes.

“Intent of this proposal is permissive: it allows access to DCI and federal criminal checks only upon a tribe’s request under the same parameters and safeguards already in statute,” Pourier said. “It does not expand authority, but it does allow any Indian tribe to have the same access as one tribe.”

Pourier said the records are sent to each tribe. The tribes must keep records so it can be audited by various entities like the FBI. The bill was supported by the House Judiciary Committee 12-0. It heads to the House floor.