Great Plains Tribal Chairman's Association
Resolution No. 9-6-12-15 RESOLUTION OF THE GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION

A RESOLUTION OF THE GREAT PLAINS TRIBAL CHAIRMAN’S ASSOCIATION TO SUPPORT A BILL TO AMEND SD 10-12A-4, TO INCLUDE THE UNIFORM MUNICIPAL NON-AD VALORUN TAXATION OF TELEPHONE COMPANIES, AND TAXATION OF RURAL ELECTRIC COMPANIES TO BE INTRODUCED DURING THE 2016 SD LEGISLATION SESSION

 

WHEREAS, the Great Plains Tribal Chairman’s Association (hereafter GPTCA) is composed of the elected Chairs and Presidents of the federally recognized sovereign Indian Tribes and Nations within the Great Plains Region of the Bureau of Indian Affairs; and

 

WHEREAS, the Great Plains Tribal Chairman’s Association is formed to promote the common interest of the Sovereign Tribes and Nations who are members of the GPTCA; and

 

WHEREAS, the United States has obligated itself to ensure the well-being of sovereign Tribes and Nations of the Great Plains Region both through Treaties and federal statutes, including the Snyder Act of 1921 ad amended, the Indian Self-Determination Act of 1976 as amended, and the Indian Health Care Improvement Act of 1976 as amended, and

 

WHEREAS, the GPTCA recognizes its responsibility to act to advance the goals of the Tribes and their members and to promote improvements to the health, safety welfare, education, economic development and preservation of the spiritual, cultural, and natural resources of its member Tribes and Nations;

 

WHEREAS, Indian Tribes are governments that pre-date the United States, and through the Indian Commerce, Treaty and Apportionment Clauses and the 14th Amendment, the United States recognizes the status of Indian Tribes as sovereigns and the status of American Indians as tribal citizens; and

 

WHEREAS, in treaties, the United States pledged to protect Indian Tribes, guaranteed the right of Tribal self-government, and has undertaken a trust responsibility to promote the viability of Indian reservations and lands as permanent homelands for tribes;

 

WHEREAS,  the Rosebud Sioux Tribe lobbied the 2015 South Dakota Legislature to pass House Bill 1233, a bill to amend South Dakota Codified Laws, Section 10-12A-4, a state law authorization the South Dakota Department of Revenue to enter into tax agreements with any Indian tribe to include the following state taxes, the uniform municipal non-ad valorum tax, the taxation of telephone companies, and the taxation rural electric companies; and;

 

WHEREAS, one of the opposing arguments advanced by opponents of HB 1233 was that none of the other Indian tribal nations in South Dakota supported amending the statute authorizing tribal/state tax collection agreements; and

 

NOW THEREFORE BE IT RESOLVED, the Great Plains Tribal Chairman’s association to support a bill to amend SD 10-12A-4, to include the uniform municipal non-ad valorum tax, the taxation of telephone companies, and the taxation of rural electric companies; and  to be introduced during the 2016 SD legislation session;

 

Resolution No.9-6-12-15

 

CERTIFICATION

 

This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman's Association held at Ft. Randall Casino, South Dakota on June 12, 2015 at which a quorum was present, with 8 members voting in favor, 0 members not abstaining, and 8 members not present.

 

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