State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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516T0783
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HOUSE CONCURRENT RESOLUTION NO. 1009
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Introduced by: Representatives Stricherz, Bolin, Brunner, Fargen, Hickey, Hubbel, Hunt,
Iron Cloud III, Killer, Lucas, Lust, Olson (Betty), Russell, Schaefer, Verchio,
and Willadsen and Senators Bradford, Kraus, Maher, Nygaard, and Tieszen
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A CONCURRENT RESOLUTION, Urging the federal government to honor tribal identification
cards.
WHEREAS, tribal nations bear the same responsibilities as other jurisdictions for
identifying and protecting tribal citizens, as well as preparing for and responding to natural
disasters, terrorism, and other homeland security related events; and
WHEREAS, the United States government has the responsibility to protect tribal
sovereignty and to fulfill its trust obligations to Native American tribes and people; and
WHEREAS, the federal REAL ID Act mandates federal standards for state driver licenses
and identification cards and specifies the documents that states must require to issue driver
licenses, as well as placing uniform information on every driver license in a standard format.
The act also prohibits federal agencies and federally-regulated commercial aircraft from
accepting a driver license or identification card issued by a state that has not fully complied with
the act; and
WHEREAS, as a result of several post-9/11 laws, such as the REAL ID Act, the Western
Hemisphere Travel Initiative, and the Help America Vote Act, identification cards have been
required for a number of purposes, including obtaining Medicare benefits, voting, flying
domestically, obtaining a driver license, and entering federal facilities; and
WHEREAS, federal requirements relating to these laws have required the use of increasing
levels of technology and security measures in producing identification cards at the state level
and the use of additional documentation necessary to verify identity; and
WHEREAS, most Native American tribes issue tribal identification cards to their members.
Many tribal citizens do not have state or federal ID but have tribal identification; and
WHEREAS, the State of South Dakota currently allows the use of tribal identification cards
for a number of purposes, including voting, banking transactions, cashing checks, and tobacco
purchases; and
WHEREAS, many tribes are not currently able to issue identification cards that meet federal
requirements and will need federal assistance in acquiring the equipment and technology
necessary to comply with federal requirements relating to identification documents:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-seventh Legislature of the State of South Dakota, the Senate concurring therein, that the South
Dakota Legislature calls upon Congress and all states to recognize valid tribal government
identification cards for all official purposes for which identification cards are required, including
voting and obtaining driver licenses; and
BE IT FURTHER RESOLVED, that the Legislature requests the United States Congress and
the Department of Homeland Security, as part of their federal trust responsibility, to provide the
necessary technical assistance and resources for development and issuance of tribal
identification cards that meet appropriate technological and security standards.