South Carolina General Assembly
116th Session, 2005-2006

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Bill 5197


Indicates Matter Stricken
Indicates New Matter


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

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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