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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 23, 2003
S. 51
S. Printed 4/23/03--S.
Read the first time January 14, 2003.
To whom was referred a Bill (S. 51) to amend the Code of Laws of South Carolina, 1976, by adding Chapter 14 to Title 27 so as to recognize the Chicora-Waccamaw Indian Tribe and the Pee Dee Indian Tribe, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND SECTIONS 1-31-10 AND 1-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP, POWERS, AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO ADD TWO STATEWIDE APPOINTEES TO THE COMMISSION, DELETE OBSOLETE LANGUAGE, AND INCLUDE AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHERS WITHIN THE MINORITY COMMUNITY, AND TO FURTHER PRESCRIBE CERTAIN POWERS AND DUTIES OF THE STATE COMMISSION FOR MINORITY AFFAIRS RELATING TO RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES, TO ESTABLISH CERTAIN ADVISORY COMMITTEES, AND TO SEEK FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, ASIANS, AND OTHER MINORITY GROUPS, AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Whereas, the Commission for Minority Affairs was established in 1993 with powers and duties to aid the minority community; and
Whereas, the minority population of South Carolina continues to grow and becomes more diverse such that the needs of other minority groups, who also are experiencing poverty and deprivation at disproportionate rates compared to the majority population; and
Whereas, these groups, Hispanics/Latinos, Native American Indians, Asians, and other minority groups seek government services and assistance that are culturally and linguistically appropriate; and
Whereas, minority populations have, as a part of their community, local groups which seek the assistance of governmental entities, such as the commission; and
Whereas, these local groups throughout the State are initiating programs to relieve the socio-economic deprivation of African Americans and other minority groups in their communities; and
Whereas, these community-based groups have requested the assistance of the commission's staff and would benefit greatly from clear state-based leadership. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-31-10 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 1-31-10. There is created a State Commission for Minority Affairs consisting of seven nine members and the Governor ex officio. The Governor shall must appoint one person from each of the six congressional districts of the State and one person three persons from the State at-large upon the advice and consent of the Senate. The Governor shall designate the chairman. The members serve for a term of four years and until their successors are appointed and qualify. Of the members first appointed, those appointed from the even-numbered congressional districts serve for a term of two years; those appointed from the odd-numbered congressional districts and the member appointed at-large serve for a term of four years. A vacancy must be filled in the same manner as original appointment for the remainder of the unexpired term. A majority of the members of the commission must be African American."
SECTION 2. Section 1-31-40 of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"Section 1-31-40. (A) The commission shall:
(1) provide the minority community consisting of African Americans, Native American Indians, Hispanics/Latinos, Asians, and others with a single point of contact for statistical and technical assistance in the areas of research and planning for a greater economic future;
(2) work with minority officials on the state, county, and local levels of government in disseminating statistical data and its impact on their constituencies;
(3) provide for publication of a statewide statistical abstract on minority affairs;
(4) provide statistical analyses for members of the General Assembly on the state of minority communities as the State experiences economic growth and changes;
(5) provide the minority community with assistance and information on Voting Rights Act submissions in the State, as well as other related areas of concern to the minority community.;
(6) determine, approve, and acknowledge by certification state recognition for Native American Indian entities; however, notwithstanding their state certification, the tribes have no power or authority to take any action which would establish, advance, or promote any form of gambling in this State;
(7) establish advisory committees representative of minority groups, as the commission considers appropriate to advise the commission;
(8) act as liaison with the business community to provide programs and opportunities to fulfill its duties under this chapter;
(9) seek federal and other funding on behalf of the State of South Carolina for the express purpose of implementing various programs and services for African Americans, Native American Indians, Hispanics/Latinos, Asians, and other minority groups; and
(7)(10) perform other duties necessary to implement programs.
(B) The commission may delegate these powers and duties as necessary.
(C) Nothing in this chapter recognizes, creates, extends, or forms the basis of any right or claim of interest in land or real estate in this State for any Native American tribe which is recognized by the State."
SECTION 3. (A) This act takes effect upon approval by the Governor, except that the additional duties given to the Commission for Minority Affairs by the amendments to Section 1-31-40 as contained in this act do not apply unless sufficient additional funds, as determined by the commission, are appropriated or otherwise made available to the commission to implement these additional duties.
(B) Of the two members added to the Commission for Minority Affairs by the amendment to Section 1-31-10, as amended by this act, one must be appointed for an initial term of two years, which must be noted on the appointment, and until his successor is appointed and qualifies. Thereafter, the members shall serve for the term provided by law. /
Renumber sections to conform.
Amend title to conform.
DICK ELLIOTT for Committee.
EXPLANATION OF IMPACT:
There is no known requirement associated with this bill for the state to expend funds.
SPECIAL NOTES:
The Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 27 SO AS TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS NATIVE AMERICAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 27 of the 1976 Code is amended by adding:
Section 27-14-10. The State of South Carolina recognizes the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, the Edisto Indian Tribe, and Chalokowas Indian People of the Chickasaw Nation as tribes of the State of South Carolina representing the Catawba Indian People, the Chicora-Waccamaw Indian People, the Pee Dee Indian People, the Piedmont Lower Cherokee Indian People, the Santee Indian People, the Beaver Creek Pee Dee Indian People, and the Chalokowas Chickasaw Indian People, respectively. Except as provided in this chapter, the organization and governing of these Indian tribes must be as provided by tribal law or agreement.
Section 27-14-20. The Indian tribes recognized by this chapter, their members, lands, natural resources, or other property owned by the tribes or their members, are subject to the civil, criminal, and regulatory jurisdiction and laws of this State, its agencies and political subdivisions, and the civil and criminal jurisdiction of the courts of this State to the same extent as any other person, citizen, or land in this State.
Section 27-14-30. Notwithstanding their recognition as Native American tribes of South Carolina or any other provision of law, the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, the Edisto Indian Tribe, and Chalokowas Indian People of the Chickasaw Nation do not have the power or authority to take any action which would establish, advance, or promote any form of gambling in this State.
Section 27-14-40. Nothing in this chapter recognizes, creates, extends, or forms the basis of any right or claim to any interest in land or real estate in this State for the Catawba Indian Nation, the Chicora-Waccamaw Indian People, the Pee Dee Indian Tribe, the Piedmont American Indian Association Lower Eastern Cherokee Nation, the Santee Indian Organization of Holly Hill, the Beaver Creek Tribe of Pee Dee Indians, the Edisto Indian Tribe, and Chalokowas Indian People of the Chickasaw Nation or for any other Native American Indian tribe or nation in South Carolina."
SECTION 2. This act takes effect upon approval by the Governor.
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