South Carolina General Assembly
117th Session, 2007-2008

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S. 1125

STATUS INFORMATION

General Bill
Sponsors: Senators Hutto and Knotts
Document Path: l:\council\bills\agm\19110mm08.doc

Introduced in the Senate on February 20, 2008
Introduced in the House on May 1, 2008
Currently residing in the House Committee on Judiciary

Summary: Native American

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/20/2008  Senate  Introduced and read first time SJ-5
   2/20/2008  Senate  Referred to Committee on Judiciary SJ-5
   2/22/2008  Senate  Referred to Subcommittee: Martin (ch), Malloy, Campsen, 
                        Williams, Massey
   4/23/2008  Senate  Committee report: Favorable with amendment Labor, 
                        Commerce and Industry SJ-20
   4/24/2008  Senate  Committee Amendment Adopted SJ-88
   4/24/2008  Senate  Read second time SJ-88
   4/25/2008          Scrivener's error corrected
   4/30/2008  Senate  Read third time and sent to House SJ-23
    5/1/2008  House   Introduced and read first time HJ-120
    5/1/2008  House   Referred to Committee on Judiciary HJ-120

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/20/2008
4/23/2008
4/24/2008
4/25/2008

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

COMMITTEE AMENDMENT ADOPTED

April 24, 2008

S. 1125

Introduced by Senators Hutto and Knotts

S. Printed 4/24/08--S.    [SEC 4/25/08 3:37 PM]

Read the first time February 20, 2008.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-325, SO AS TO PROHIBIT A PERSON FROM KNOWINGLY AND INTENTIONALLY REPRESENTING HIMSELF OR AN ENTITY FROM BEING KNOWINGLY AND INTENTIONALLY REPRESENTED AS BELONGING TO OR BEING A STATE RECOGNIZED TRIBE, GROUP, OR SPECIAL INTEREST ORGANIZATION IF THE PERSON WAS NOT A MEMBER OF A STATE RECOGNIZED TRIBE, GROUP, OR SPECIAL ORGANIZATION OR THE ENTITY HAD NOT RECEIVED STATE RECOGNITION BY THE STATE COMMISSION FOR MINORITY AFFAIRS PURSUANT TO ITS AUTHORITY IN SECTION 1-31-40(A)(10).

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

SECTION    1.    Article 5, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-325.    (A)    As used in this section, the terms 'state recognized' or 'state recognition' mean that a tribe, group, or special interest organization has complied with the regulatory requirements and been conferred status as a state recognized tribe, group, or special interest organization by the State Commission for Minority Affairs pursuant to its authority in Section 1-31-40(A)(10).

(B)(1)    A person must not knowingly and intentionally represent himself, either orally or in writing, as being a member of a state recognized tribe, group, or special interest organization unless he is a member of a tribe, group, or special interest organization that has received state recognition by the State Commission for Minority Affairs pursuant to its authority in Section 1-31-40(A)(10).

(2)    An entity must not be knowingly and intentionally represented, either orally or in writing, as being a state recognized tribe, group, or special interest organization unless the entity is a tribe or group that has received state recognition by the State Commission for Minority Affairs pursuant to its authority in Section 1-31-40(A)(10).

(3)    This subsection prohibits a person or entity from knowingly and intentionally misrepresenting his or its specific status as belonging to or being a state recognized tribe, group, or special interest organization as well as prohibiting a person or entity that is not a state recognized tribe, group, or special interest organization from knowingly and intentionally representing that he belongs to or the entity is a state recognized tribe, group, or special interest organization.

(C)    A filing with the Office of the Secretary of State does not, without state recognition being conferred by the State Commission for Minority Affairs pursuant to its authority in Section 1-31-40(A)(10), constitute the state recognition required to satisfy subsection (A) of this section.

(D)    Any person or entity that violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars for each violation."

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

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