South Carolina General Assembly
115th Session, 2003-2004

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Bill 628

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Indicates New Matter

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 27, SO AS TO RECOGNIZE THE PIEDMONT AMERICAN INDIAN ASSOCIATION LOWER EASTERN CHEROKEE NATION AS A NATIVE AMERICAN TRIBE OF SOUTH CAROLINA, REPRESENTING THE CHEROKEE INDIAN PEOPLE, AND TO CONFER UPON THIS TRIBE SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO AMERICAN 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:

"CHAPTER 14

Recognition of South Carolina

Native American Tribes

Section 27-14-10.    The State of South Carolina recognizes the Piedmont American Indian Association Lower Eastern Cherokee Nation. Except as provided in this chapter, the organization and governance of this Indian tribe must be as provided by tribal law or agreement.

Section 27-14-20.    The Indian tribe recognized by this chapter and the tribe's members, lands, natural resources, or other property owned by the tribe or its 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 the tribe's recognition as a Native American tribe of South Carolina or any other provision of law, the Piedmont American Indian Association Lower Eastern Cherokee Nation does 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 Piedmont American Indian Association Lower Eastern Cherokee 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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