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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
June 4, 2003
H. 3426
Introduced by Reps. Cobb-Hunter, Jennings, Bingham, Toole, Neilson, Clark and Bales
S. Printed 6/4/03--S.
Read the first time April 29, 2003.
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, ESTABLISHING CERTAIN ADVISORY COMMITTEES, AND SEEKING FUNDING FOR IMPLEMENTING PROGRAMS AND SERVICES FOR AFRICAN AMERICANS, NATIVE AMERICAN INDIANS, HISPANICS/LATINOS, AND OTHER MINORITY GROUPS AND TO PROVIDE THAT THE ADDITIONAL DUTIES ASSIGNED TO THE COMMISSION ARE CONTINGENT UPON FUNDING.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) There is created a Study Committee on the organization of the Budget and Control Board to be composed of:
(1) three Senators to be appointed by the President Pro Tempore of the Senate;
(2) three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; and
(3) three persons to be appointed by the Governor.
(B) The study committee shall make a study of the offices, divisions, programs, and components administered by the Budget and Control Board to consider if any office, division, program, or component is better suited for inclusion in a department of the executive branch of government.
(C) The members of the study committee shall not receive compensation, but are entitled to receive mileage, per diem, and subsistence.
(D) The study committee must be appointed no later than July 1, 2003, and shall submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives no later than December 31, 2003. Upon submission of the report, the study committee is abolished.
(E) The study committee must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the State Budget and Control Board.
SECTION 2. The General Assembly finds that:
(1) The Commission for Minority Affairs was established in 1993 with powers and duties to aid the minority community.
(2) The minority population of South Carolina continues to grow and becomes more diverse such that the needs of other minority groups, who too are experiencing poverty and deprivation at disproportionate rates compared to the majority population.
(3) These groups, Hispanics/Latinos, Native American Indians, Asians, and other minority groups seek government services and assistance that culturally and linguistically are appropriate.
(4) Minority populations have as a part of their community local groups which seek the assistance of governmental entities, such as the commission.
(5) 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.
(6) These community-based groups have requested the assistance of the commission's staff and have indicated that they would benefit greatly from clear state-based leadership.
SECTION 3. Section 1-31-10 of the 1976 Code 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 4. Section 1-31-40 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;
(10) promulgate regulations as may be necessary to carry out the provisions of this article including, but not limited to, regulations regarding State Recognition of Native American Indian entities in the State of South Carolina; and
(7)(11) 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 5. 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.
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. 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.
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