An Ac
LEGISLATIVE ACT 19 - 2003
Title
A LEGISLATIVE ACT AMENDING LA#34-02, THE "CHEROKEE NATION
MOTOR VEHICLE LICENSING AND TAX CODE" AS AMENDED BY LA# 4-03
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. TITLE AND CODIFICATION
This act shall be known as the "2003 Technical Amendment to the Cherokee Nation Motor Vehicle Licensing and Tax Code," and codified as
(Title) (Section) of the Cherokee Nation Code
Annotated.
SECTION 2. PURPOSE
The purpose of this Act is to amend LA# 34-02, as amended by LA#4-03, section 105 B. (3) and section 105 C. (3). This Amendment will make the list of roads eligible to receive funds from the sale of Motor Vehicle Tags more clearly equivalent to the list of roads eligible under the Tribal-State Motor Vehicle Licensing Compact.
SECTION 3. LEGISLATIVE HISTORY
LA #01-01, LA #27-01, LA #34-01, Cherokee Nation and State of Oklahoma Tribal-State Motor Vehicle Licensing Compact 2001-2011, LA #34-02
SECTION 4. DEFINITIONS
For purposes of this Title: O.S. means Oklahoma Statute, as amended from time to time by the State of Oklahoma legislature.
SECTION 5. SUBSTATIVE PROVISIONS
a. Section 105 B. (3) of LA#34-02, as amended by LA #4-03, is hereby amended to read in full as follows:
(3) 20% of all fees and taxes collected by the Commission shall be made available for contribution to the cost of constructing or maintaining federally- highways, ambler state funded highways, or highways constructed or maintained with funds apportioned pursuant to 47 O.S. 1104JA) that are part of the counties' collector system, within the Nation's Reservation Boundaries, to be allocated such highway projects in accordance with subsection C. (3) of this section.
or:
(3) 20% of all fees and taxes collected by the Commission shall be made available for contribution to the cost of constructing or maintaining federal highways, state highways, or highways constructed or maintained with funds apportioned pursuant to 47 O.S. � 1104(A) that are part of the counties' collector system, within the Nation's Reservation Boundaries, to be allocated such highway projects in accordance with subsection C. (3) of this section.
b. Section 105 C. (3) of LA#34-02, as amended by LA #4-03, is hereby amended to read in full as follows:
(3) The funds set aside under Section 105 B. (3) shall be allocated each year to governmental agencies or political subdivisions for expenditure on construction or maintenance protects on federally- highways state funded highways, or highways constructed or maintained with funds apportioned pursuant to 47 O.S. k 110�) that are part of the counties' collector system, within the Nation's Reservation Boundaries. The projects and their respective allocations hereunder shall be identified in the comprehensive annual budget approved by the Tribal Council. These funds are to be distributed equally between Councilors for appropriation.
or:
(3) The funds set aside under Section 105 B. (3) shall be allocated each year to governmental agencies or political subdivisions for expenditure on construction or maintenance projects on federal highways, state highways, or highways constructed or maintained with funds apportioned pursuant to 47 O.S. � 1104(A) that are part of the counties' collector system, within the Nation's Reservation Boundaries. The projects and their respective allocations hereunder shall be identified in the comprehensive annual budget approved by the Tribal Council. These funds are to be distributed equally between Councilors for appropriation.
SECTION 6. PROVISIONS AS CUMULATIVE
The provisions of this act shall be cumulative to existing law.
SECTION 7. SEVERABILITY
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
SECTION 8. EFFECTIVE DATE: EMERGENCY DECLARED
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.
Enacted by the Council of the Cherokee Nation on the 14th day of July, 2003.
Hastings Shade, President Council of Cherokee Nation
ATTEST: Stephanie Wickliffe Shepherd, Secretary Council of Cherokee Nation
Approved and signed by the Principal Chief this 18th day of JULY, 2003.
Chad Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Wickliffe-Shepherd YEA
Ralph Keen Jr. YEA John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss YEA
Mary Flute-Cooksey YEA Buel Anglen YEA
David W. Thornton, Sr. YEA Nick Lay YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott YEA