S.C. Code Regs. § § 139-108

Current through Register Vol. 48, No. 11, November 22, 2024

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

(A) The State Recognition Committee shall consist of five (5) members:

(1) The State Archeologist.

(2) The Executive Director of the Commission for Minority Affairs.

(3) Two members of the Native American Indian Advisory Committee.

(4) One notable Native American leader or scholar from across the United States, excluding South Carolina.

(B) The State Archaeologist and the Executive Director of the Commission for Minority Affairs shall serve indefinitely. The Executive Director of the Commission for Minority Affairs shall serve as chair of the State Recognition Committee. The three remaining positions shall serve for two-year terms beginning July 1 and ending June 30 of each two-year term.

(C) Initially, three persons shall compose the Interim State Recognition Committee. This interim group shall consist of:

(1) The State Archeologist.

(2) The Executive Director of the Commission for Minority Affairs.

(3) One representative from a South Carolina Native American Indian entity or notable Native American leader or scholar from across the United States, to be decided by the State Archaeologist and the Executive Director of the Commission for Minority Affairs.

(D) The two entities first obtaining State Recognition shall take their seats on the following July 1 and will represent the Native American Indian Advisory Committee on the State Recognition Committee. Thereafter, the two members representing the Native American Indian Advisory Committee shall be selected by the Committee members, by majority vote from among those "Tribes" and "Groups" having obtained State Recognition.

(E) Upon seating the first two entities to obtain State Recognition on the State Recognition Committee, the four members of the State Recognition Committee shall select one person to fill the seat designated for "One representative from a South Carolina Native American Indian entity or a notable Native American leader or scholar from across the United States." The four State Recognition Committee members may select an individual from among the following categories:

(1) State recognized "Tribe" or "Group".

(2) Federally recognized "Tribe".

(3) Native American Entity.

(4) Native American Leader or Scholar.

(F) Thereafter, the four members of the State Recognition Committee shall select one person from among the following categories:

(1) Federally recognized "Tribe".

(2) Notable Native American leader or scholar from across the United States, excluding South Carolina.

(G) The establishment of the first three-member Interim State Recognition Committee shall be at the discretion of the Executive Director of the Commission for Minority Affairs. Thereafter, elections shall be held in April every other year, prior to the end of the two-year term for seating of State Recognition Committee members.

(H) An entity applying for State Recognition must receive a majority vote or three affirmative votes out of five to be recommended for State Recognition. The absence of a member or failure of a committee member to vote will be counted as an "Abstention" vote. No member may cast a vote for another member.

(I) In the event that a member is no longer able to serve due to death, illness, or other personal reasons, a written letter of resignation from the governing body of the entity represented should be sent to the Executive Director of the Commission for Minority Affairs. Upon receiving the letter of resignation, the Executive Director shall move forward to fill the vacancy and the remaining unexpired term in accordance with the guidelines set forth herein. If a member fails to participate after having been appointed to the State Recognition Committee, the Executive Director shall make the Chairperson of the Board of the Commission for Minority Affairs aware of the impact upon the State Recognition process, and the Board may vote to declare the seat vacant. If such occurs, a new appointment may be made in accordance with the manner in which the seat was filled, and in accordance with the guidelines set forth herein.

S.C. Code Regs. § 139-108

Added by State Register Volume 28, Issue No. 6, eff June 25, 2004. Amended by State Register Volume 30, Issue No. 6, eff June 23, 2006.