State of South Dakota  


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

        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.