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Indicates Matter Stricken
Indicates New Matter
S. 52
STATUS INFORMATION
General Bill
Sponsors: Senators Elliott and Ravenel
Document Path: l:\council\bills\bbm\9303zw03.doc
Introduced in the Senate on January 14, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Indian Affairs Commission created
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 Senate Prefiled 12/4/2002 Senate Referred to Committee on Judiciary 1/14/2003 Senate Introduced and read first time SJ-41 1/14/2003 Senate Referred to Committee on Judiciary SJ-41
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 1 SO AS TO PROVIDE FOR THE SOUTH CAROLINA INDIAN AFFAIRS COMMISSION, AND TO PROVIDE FOR ITS PURPOSE, MEMBERSHIP, AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 1 of the 1976 Code is amended by adding:
Section 1-33-10. The general mission of the South Carolina Indian Affairs Commission is to support the advancement and unity of Native American Indian people living in every region of this State. The commission shall strive for the betterment of Native American Indian people in the areas of education, social and economic development, status, cultural and traditional growth. The commission shall work with the state and federal government on behalf of all of the state's Native American Indian people for their recognition as individuals and for their advancement as individuals, in a social, economic, cultural, and educational sense, without the commission advancing the philosophy of one tribe, nation, government, group, organization, or individual over another.
Section 1-33-20. (A) There is created the South Carolina Indian Affairs Commission composed of six voting members, one member representing each of the following South Carolina Native American Indian nations and tribes:
(1) Catawba Indian Nation;
(2) Chicora-Waccamaw Indian people;
(3) Four Holes Indian Organization;
(4) Pee Dee Indian Tribe;
(5) Piedmont American Indian Association; and
(6) Santee Indian Organization of Holly Hill.
(B) In addition, there are eight nonvoting members of the commission as follows:
(1) Speaker of the House of Representatives, or his designee;
(2) President Pro Tempore of the Senate, or his designee; and
(3) six members to be selected by the Governor.
(C) Members serve for a term of four years and until their successors are appointed and qualify. Members in subsection (A) may succeed themselves at the discretion of their nation or tribe. A vacancy in subsection (A) must be filled by the Native American Indian nation or tribe they represent. A vacancy in subsection (B) must be filled in the same manner as the original appointment for the remainder of the unexpired term.
(D) The Governor shall appoint a chairman of the commission from among the members listed in subsection (A). The members of the commission may elect additional officers and establish committees necessary for the efficient discharge of their duties.
Section 1-33-30. (A) The commission shall meet at least monthly.
(B) The commission is authorized to hire an executive director, who must be a Native American Indian, and other personnel to carry out its duties and functions under this chapter. The General Assembly shall provide for the funds in the annual appropriations act.
(C) Members of the commission serve without pay but are allowed the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
Section 1-33-40. The purposes of the commission are to:
(1) undertake projects for the purpose of improving educational, economic, social, and cultural advancement of all Native American Indian citizens and increase the effectiveness of the State in addressing the needs of its Native American Indian citizens;
(2) serve as the representative planning and policy body for Native American Indian affairs throughout the State;
(3) advise the State on matters affecting the economic and social status of Native American Indian people;
(4) represent the interests of Native American Indians before state agencies;
(5) assist the State in carrying out its responsibilities to Native American Indian citizens;
(6) promote intertribal coordination on issues of common interest;
(7) promote recognition of the right of Native American Indians to pursue and preserve spiritual and cultural traditions; and
(8) advise the legislative and executive branches of government of the needs of the state's Native American Indians.
Section 1-33-50. The commission has the following duties:
(1) study, consider, accumulate, compile, assemble, and disseminate information on aspects of Native American Indian affairs;
(2) investigate the needs of the state's Native American Indians and provide technical assistance in the preparation of plans to alleviate those needs;
(3) confer with the appropriate officials and agencies and with congressional committees that are concerned with Native American Indian affairs and encourage coordination of resources to meet the needs of the state's Native American Indians;
(4) formulate programs and coordinate with programs regarding Native American Indian affairs adopted or planned by the federal government;
(5) conduct public hearings on matters relating to Native American Indian affairs and subpoena information or documents considered necessary by the commission;
(6) monitor proposed legislation affecting Native American Indians;
(7) make recommendations to the General Assembly regarding legislation that improves the status of the Native American Indian people;
(8) seek funding from the General Assembly to carry out its duties as well as funding from the federal government, grants, private foundations, and other outside sources; and
(9) make annual reports of its findings and recommendations to the Governor and the General Assembly.
Section 1-33-60. The commission may promulgate regulations necessary to carry out its duties under this chapter.
Section 1-33-65. The commission shall not have the power or authority to take any action which would advance or promote any form of gambling in South Carolina.
Section 1-33-70. Nothing contained in this chapter creates or forms the basis of a new right or claim to any interest in land or real estate in the State for a South Carolina Native American Indian tribe or nation."
SECTION 2. This act takes effect July 1, 2003.
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