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Daugaard's plan hinges on forging a pact with the federal government to improve Native American health care in South Dakota.

But the governor always adds the caveat that the right pieces must fall into place, which includes support from the Native American tribes and the Legislature.The measure was defeated last year in a committee hearing.But Haugaard said after the Supreme Court's June ruling legalizing gay marriage, the bill might have a shot at passing in the 2016 legislative session.The state has put to death 18 inmates since 1877, with the oldest dating back to the days of the Dakota Territory.There are currently three inmates on death row in South Dakota. Similar bills have failed in legislative committee hearings in years past.

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Transgender students who don't want to use the facilities based on their biological gender would have to submit a request to their school district for accommodation in separate facilities.