Changes to Existing Law

23-3-15.1. The Division of Criminal Investigation may, upon the request of the Sisseton-Wahpeton Sioux Tribe, Tribe any Indian tribe, obtain national criminal history record information on any applicant for or holder of a position: position 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 commissions and boards; boards board or commission; (4) A 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 such 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) To work 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. 22

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 Sisseton-Wahpeton Sioux Tribe shall require a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation, of each requesting Indian tribe shall submit the completed fingerprint cards of the applicant or position holder. The tribe shall submit completed fingerprint cards to the Division of Criminal Investigation. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. The tribe, or, if required by the tribe, the applicant or position holder shall shall, must pay all processing fees required either by the Division of Criminal Investigation or the Federal Bureau of Investigation. 9