Senate committee substitute to the 1st edition makes the following changes.
Amends the act's long title.
Removes new language from GS 1E-2 referencing agreements between the Catawba Indian Nation and a county being valid as a matter of state law.
Removes Sections 5-18 and Sections 20-24 of the first edition, regarding various recognitions and authorizations granted to the Catawba Indian Nation. Removes references to the Catawba Indian Nation from the first edition in the following: GS 20-4.01 (including the Catawba Indian Nation in the definition of state for GS Chapter 20); GS 70-13 (concerning consultation on archaeological investigations); GS 70-32 (concerning consultation when skeletal remains are found); GS 70-51 (concerning notification and consultation in archaeological investigations); GS 104-33 (exclusion from the provisions of Article 3, concerning Jurisdiction over National Park System Lands); GS 105-275 (excluding from taxation proper on lands held for the Catawba Indian Nation); GS 108D-62 (concerning enrollment in the children and families specialty plan); GS 113-276 (exemptions to fishing, hunting, and trapping licenses); GS 115C-210.1 (concerning appointment of members to the State Advisory Council on Indian Education); GS 115C-270.21(agreements with the State Board of Education on criteria to teach Catawba language and culture classes); GS 143-254.2 (exclusion from the statute concerning the Wildlife Resources Commission’s enforcement powers); GS 143-652.2 (adding a member of the Catawba Indian Nation to the North Carolina Boxing and Combat Sports Commission; GS 143B-135.5 (adding a member of the Catawba Indian Nation to the American Indian Heritage Commission); and GS 164-7 (specifying that the general statutes do not repeal statutes related to Catawba lands that were in force on the effective date of the general statutes). Removes the provision allowing the Division of Motor Vehicles to issue the specified license plate. Removes new GS 105-449.114A, specifying that the Catawba Indian Nation possesses sovereign legal rights over its members and its trust lands. Removes amendments to GS 108A-87 regarding the Catawba Indian Nation assumption of responsibility for any social services, and GS 143B-1406 making the Catawba Indian Nation eligible for public safety answering points.
Provides that nothing in the act will be interpreted to invalidate any agreement between a county and the Catawba Indian Nation existing as of the act's effective date.
Renumbers sections accordingly.
Bill Summaries: S655 EXTEND CERTAIN RIGHTS TO CATAWBA NATION.
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Bill S 655 (2025-2026)Summary date: May 6 2025 - View Summary
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Bill S 655 (2025-2026)Summary date: Apr 1 2025 - View Summary
Amends the scope of the following statutes to also include the Catawba Indian Nation.
Amends GS Chapter 1E, currently applicable to the Eastern Band of Cherokee Indians, so that it is also applicable to the Catawba Indian Nation. Makes conforming changes throughout the Chapter as well as the following changes. Amends GS 1E-2, concerning county services by adding that agreements between a county and the Catawba Indian Nation are valid as a matter of State law. Amends GS 1E-12, concerning qualifications for law enforcement, by defining law enforcement officer for the statute as also including: (1) the Chief of the Catawba Indian Nation Tribal Police Department; and (2) a police officer, marshal, auxiliary police, or resources officer with the Catawba Indian Nation Tribal Police Department or Catawba Indian Nation Marshals Service. Defines the jurisdiction of the Catawba law enforcement as: (1) on all property owned by or leased to the Catawba Indian Nation located within the trust lands of the Catawba Indian Nation and (2) during the immediate and continuous flight of an offender in accordance with the specified law. Specifies that neither Eastern Band of Cherokee Indians nor Catawba Indian Nation law enforcement officers have jurisdiction on the other's land without a separate agreement between the tribes. Specifies that this Chapter and Article 13 of GS Chapter 160A do not limit or revoke the authority of the Catawba Indian Nation, the Catawba Indian Nation Tribal Police Department, Catawba Indian Nation Marshals Service, or a police officer, auxiliary police, or resources officer with the Catawba Indian Nation Tribal Police Department or any of the Catawba Nation Tribal Police Department, or any law enforcement officers or other persons appointed or employed by those entities, in the exercise of their inherent powers of self-government, or exercise of authority conferred by federal law, regulation, or common law. Amends GS 1E-20 to allow the Catawba Indian Nation to establish a probation and parole agency. Sets out requirements for Marshals of the Catawba Indian Nation. Provides for sharing probation and parole records.
Includes the Catawba Indian Nation in the following: GS 7A-343 (concerning the duties of the Director of the Administrative Office of the Courts to establishing policies n systems for exchange of information with the Catawba Indian Nation); GS 7A-343.1 (adding them as recipient of copies of the appellate division reports); GS 14-159.12 (concerning first degree trespass); GS 20-4.01, effective July 1, 2025 (including the Catawba Indian Nation in the definition of state for GS Chapter 20); GS 70-13 (concerning consultation on archaeological investigations); GS 70-32 (concerning consultation when skeletal remains are found); GS 70-51 (concerning notification and consultation in archaeological investigations); GS 104-33 (exclusion from the provisions of Article 3, concerning Jurisdiction over National Park System Lands); GS 105-275 (excluding from taxation proper on lands held for the Catawba Indian Nation); GS 108D-62 (concerning enrollment in the children and families specialty plan); GS 113-276 (exemptions to fishing, hunting, and trapping licenses); GS 115C-210.1 (concerning appointment of members to the State Advisory Council on Indian Education); GS 115C-270.21(agreements with the State Board of Education on criteria to teach Catawba language and culture classes); GS 115D-5 (waiver of tuition and fees by the State Board of Community Colleges for courses required by Catawba Indian Nation public safety entities); GS 143-254.2 (exclusion from the statute concerning the Wildlife Resources Commission’s enforcement powers); GS 143-652.2 (adding a member of the Catawba Indian Nation to the North Carolina Boxing and Combat Sports Commission; GS 143B-135.5 (adding a member of the Catawba Indian Nation to the American Indian Heritage Commission); and GS 164-7 (specifying that the general statutes do not repeal statutes related to Catawba lands that were in force on the effective date of the general statutes).
Allows the Division of Motor Vehicles to issue a Catawba Indian Nation license plate in GS 20-79.4, with no additional fee.
Enacts new GS 105-449.114A specifying that the Catawba Indian Nation possesses sovereign legal rights over its members and its trust lands. Allows the Department of Revenue to enter into a memorandum of understanding or an agreement with the Catawba Nation to make refunds of motor fuels and alternative fuels taxes to the Catawba Nation on behalf of its members who reside on or engage in otherwise taxable transactions within Catawba Nation trust lands; requires the agreement to be approved by the Catawba Council and signed by specified individuals. Specifies that the agreement may not affect the right of an individual member of the Catawba Nation to a refund and must provide for deduction of amounts refunded to individual members of the Catawba Nation from the amounts to be refunded to the Catawba Nation on behalf of all members.
Amends GS 108A-87 by adding that when the Catawba Indian Nation assumes responsibility for any social services, Medicaid healthcare benefit programs, and ancillary services, nonfederal matching funds and State funds for Sate programs designated to Cleveland County to serve the Catawba Indian Nation for programs previously borne by the State must be allocated direct to the Catawba Indian Nation rather to the County and must not exceed the amount expended by the State for programs or services assumed by the Catawba Indian Nation. Makes conforming changes to the statute.
Amends GS 143B-1406 making the Catawba Indian Nation eligible for public safety answering points (PSAP), designating the Executive Committee as the local entity. Sets out provisions for calculating the base amount and per capita distribution.
Animals, Courts/Judiciary, Motor Vehicle, Court System, Administrative Office of the Courts, Criminal Justice, Criminal Law and Procedure, Government, Cultural Resources and Museums, Public Safety and Emergency Management, State Agencies, Community Colleges System Office, Department of Transportation, State Board of Education, Tax, Native Americans, Health and Human Services, Social Services, Public Assistance