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House subcommittee backs bill to recognize Catawba Nation police after debate over FOIA and sovereignty
Summary
The South Carolina constitutional law subcommittee voted to report H.5059 favorably as amended, a bill that recognizes the Catawba Nation Police Department and authorizes mutual‑aid agreements; testimony centered on tribal sovereignty and whether the department should be subject to state FOIA, with stakeholders agreeing to continue negotiating transparency language before full committee.
The South Carolina House Constitutional Law Subcommittee voted to report H.5059 favorably as amended after stakeholders and lawmakers debated whether recognizing the Catawba Nation Police Department should subject the tribe or its police department to state public‑records law.
Representative Mitchell presented H.5059 as a measure to "recognize the Catawba Nation Police Department as an official law enforcement agency of the state," and to authorize mutual‑aid agreements with other state and local agencies. He said the bill "strengthens the statutory powers" of the department and would allow it to enter voluntary mutual‑aid agreements with county and municipal agencies.
Sean Butler, chief public safety officer for the Catawba Nation, told the subcommittee H.5059 "recognizes the Catawba Nation Police Department as an official law enforcement agency and authorizes it to enter into mutual aid agreements with other agencies across the state." Butler said CNTPD officers are South Carolina Class 1 certified and also hold Bureau of Indian Affairs special law‑enforcement commissions, and that the bill "does not remove or diminish the authority of state or local law enforcement agencies on Catawba lands." He cited the 1993 Catawba Indian Claims Settlement Act, which established concurrent jurisdiction.
Diana Carroll, general counsel for the Catawba Indian Nation, urged caution on any language that would treat the tribe as a subdivision of the state. "They would never be willing to be a subdivision of the state," Carroll said, and she argued that submitting the tribe or its police department to FOIA would be "outside the authority of this body." Carroll noted the Nation already has a transparency ordinance and said stakeholders could draft mutual‑aid language to ensure necessary access to documents without placing the tribe under state FOIA.
Sally Foster, director of the South Carolina Sheriff's Association, said sheriffs and deputies welcome CNTPD as a partner but stressed public access to records in common scenarios. "Let's say there's a murder...If they aren't subject to FOIA, you wouldn't be able to access those records as readily," Foster said, urging the committee to preserve transparent access for victims and the public.
Representative Mitchell told the subcommittee he had an amendment drafted that addressed many issues; members adopted the Mitchell amendment by voice vote and then took a roll call on H.5059 as amended. The roll call recorded Representative Jordan — Aye; Representative Bamberg — not voting; Representative Mitchell — Aye; Representative Newton — Aye; Representative Wetmore — Aye. The clerk reported a favorable as‑amended report with four in favor and one not voting.
Committee members and witnesses agreed to continue negotiations among stakeholders to refine FOIA/transparency language before full committee consideration.
