Bill 862

                    Current Status

Bill Number:                       862
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950524
Primary Sponsor:                   Elliott 
All Sponsors:                      Elliott, Saleeby, Holland, Ford
                                   and Glover 
Drafted Document Number:           gjk\22023sd.95
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Chicora-Waccamaw and Pee Dee
                                   Indian tribes

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Read second time, unanimous consent
                  for third reading on Friday,
                  19960426
Senate  19960424  Committee report: Favorable              11 SJ
Senate  19950524  Introduced, read first time,             11 SJ
                  referred to Committee

COMMITTEE REPORT

April 24, 1996

S. 862

S. Printed 4/24/96--S.

Read the first time May 24, 1995.

To whom was referred a Bill (S. 862), to recognize the Chicora-Waccamaw Indian Tribe, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DONALD H. HOLLAND, for Committee.

1. Estimated Cost to State-First Year$ Undeterminable

2. Estimated Cost to State-Annually Thereafter$ Undeterminable

Senate Bill 862 would recognize the Chicora-Waccamaw and the Pee Dee Indian Tribes as Indian Tribes of South Carolina representing the Chicora-Waccamaw and the Pee Dee Indian people, respectively. The bill would further confer upon them such rights and privileges as are provided by law to Indian tribes of this status.

The only recent applicable case that the state has experienced is the settlement with the Catawba Indian Tribe. As a result of this action, the State of South Carolina has agreed to appropriate $12.5 million towards this settlement. Given the precedent of the Catawba Indian Tribe Settlement, any costs to the state would likely be determined in a court of law with the primary legal focus being the interpretation of "rights and privileges". As such, potential costs could be zero or millions of dollars.

Notwithstanding any potential claims that may occur similar to this litigation, fiscal impact on the General Fund of the State is undeterminable.

Prepared By: Approved By:

Allan Kincaid Michael L. Shealy

Chief Budget Analyst Office of State Budget

A BILL

TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN 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 STATUS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The State of South Carolina by this act hereby recognizes the Chicora-Waccamaw Indian Tribe and the Pee Dee Indian Tribe as Indian tribes of the State of South Carolina representing the Chicora-Waccamaw Indian people and the Pee Dee Indian people, respectively, and confers upon these tribes such rights and privileges as are provided by law to Indian tribes of this State. The organization and governing of these Indian tribes shall be as provided by tribal law or agreement.

SECTION 2. This act takes effect upon approval by the Governor.