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Senate Amendment 1
S 846 - Session 125 (2023-2024)
Use of Indian as Part of Corporate Name
Senator Hutto proposes the following amendment (LC-846.PH0003S):
Amend the bill, as and if amended, SECTION 1, by striking Section 33-31-401(g) and inserting:
(g) (1) After the effective date of this subsection, no domestic corporation or association organized or doing business in this State claiming to represent a bona fide Native American Indian Group, Native American Indian Tribe, or Native American special interest organization may use any of the following terms as part of its corporate name, unless the corporation or association complies with the requirements provided in subsection (g)(2):(i) Indian Nation;
(ii) Indian Tribe;
(iii) Indian People;
(iv) Indian Group;
(v) Indian Organization;
(vi) Indian Association;
(vii) Indian Reservation;
(viii) Indian Council;
(ix) Urban Indian; or
(x) State Recognized Tribe.
(2) A corporation or association claiming to represent a bona fide Native American Indian Group, Native American Indian Tribe, or Native American special interest organization may use the terms listed in subsection (g)(1) in its corporate name only if:
(i) it is a federally acknowledged tribe, as provided in Part 83 of Title 25 of the Code of Federal Regulations; or
(ii) it has been designated as a state-recognized group, tribe, or special interest organization by the board of the State Commission for Minority Affairs, as provided in the regulations promulgated pursuant to Chapter 31, Title 1 of the South Carolina Code of Laws.
(3) The Secretary of State may request written verification from the State Commission of Minority Affairs to the status of a Native American Indian Group, Native American Indian Tribe, or Native American special interest organization prior to filing a document containing a corporate name that includes any of the terms listed in subsection (g)(1).
(4) If the Secretary of State refuses to file a document for failing to meet the requirements provided in this section, the corporation or association that submitted the document may file an appeal pursuant to Section 33-31-126.