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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 24, 2008
S. 1125
S. Printed 4/24/08--S. [SEC 4/25/08 3:37 PM]
Read the first time February 20, 2008.
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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