South Carolina General Assembly
116th Session, 2005-2006

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H. 5197

STATUS INFORMATION

Joint Resolution
Sponsors: Judiciary Committee
Document Path: l:\council\bills\nbd\12567ac06.doc

Introduced in the House on May 18, 2006
Currently residing in the House Committee on Judiciary

Summary: Native American Indians

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/18/2006  House   Introduced, read first time, placed on calendar without 
                        reference HJ-29
   5/24/2006  House   Debate adjourned until Thursday, May 25, 2006 HJ-103
   5/25/2006  House   Debate adjourned HJ-20
   5/25/2006  House   Debate adjourned until Tuesday, May 30, 2006 HJ-101
   5/30/2006  House   Recommitted to Committee on Judiciary HJ-26

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/18/2006
5/18/2006-A

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

INTRODUCED

May 18, 2006

H. 5197

Introduced by Judiciary Committee

S. Printed 5/18/06--H.

Read the first time May 18, 2006.

            

A JOINT RESOLUTION

TO APPROVE REGULATIONS OF THE COMMISSION FOR MINORITY AFFAIRS, RELATING TO STATE RECOGNITION OF NATIVE AMERICAN INDIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3043, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

SECTION    1.    The regulations of the Commission for Minority Affairs, relating to State Recognition of Native American Indians, designated as Regulation Document Number 3043, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

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SUMMARY AS SUBMITTED

BY PROMULGATING AGENCY.

139-103. Notification of Recognition Status

The proposed amendments will change description of section, add language regarding the appeal process, and provide timeframe for withdrawal.

139-104. Limitations.

The proposed amendment will add Section F to address splintering among State recognized and non-recognized entities. The amendment also will address entities that attempt to be recognized when a "Tribe" of their ancestry is already recognized.

139-105. Criteria for State Recognition.

Three proposed amendments are submitted for this section. (1) The proposed amendment will add language requiring evidence of existence and tribal rolls for at least five years to be considered for the status of "Tribe". (2) The proposed amendment will place an 18 year old age requirement on the one hundred descendants. (3) The proposed amendment will require documented traditions, customs and legends specific to the heritage of the Native population identified.

139-107. Membership Requirements for Native American Advisory Committee.

The proposed change will expand the representation of the Native American Indian Advisory Committee.

139-108. Membership, Terms and Voting Power of State Recognition Committee.

The proposed change deletes text so as to insure that there are at least three people on the State Recognition Committee that are not affiliated with South Carolina Native American entities.

139-109.Duties of the State Recognition Committee.

The amendment to the Section allows the State Recognition Committee to seek clarification and additional information it deems necessary to make a decision.

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