Title
AN ACT AMENDING LEGISLATIVE ACT #19-08 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2009 - MOD 10; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This legislative act shall be titled and codified as "An Act Amending Legislative Act #19-08 Authorizing the Comprehensive Budget for Fiscal Year 2009 - Mod. 10".
SECTION 2. PURPOSE
The purpose of this amendment is to authorize and approve the use of funds, subject to the availability of such funds, in accordance with Section 4, changing the amounts of certain cost centers approved in the "Comprehensive Budget Act for Fiscal Year 2009" or subsequent amendment. The cumulative total of the budget is increased by $13,985,015 for a total budget authority of $591,100,603. The following items are identified as estimated General Fund sources in excess of appropriated uses to wit:
Previous Estimated Estimated Adjusted
Balance Sources <Uses> Balance
A. General Fund $5,528,490 $0 <$1,275,196> $4,253,294
B. Motor Fuels Tax $0 $0 <$0> $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #19-08 are applicable to this amendment.
SECTION 4. FUNDING AUTHORIZATIONS
The changes reflect increases to cost centers set forth in the program budget justifications incorporated herein. This amendment changes the total amount of the comprehensive budget authorization by a net increase of $13,985,015 to wit:
A. An increase in the General Fund budget authority of $1,275,196 related to infrastructure costs at the Vinita Clinic site, Saline Courthouse, and funding supplements for the Clothing for Kids and Higher Education Scholarship programs.
B. An increase in the Motor Vehicle Tax Fund budget authority of $3,572,617 to authorize a transfer pursuant to the purchase and retirement of 2006 Series Health Care Bonds as well as authorize additional scholarship funds.
C. A net decrease in the Enterprise Fund budget authority of <$820,157> primarily related to a reduction in program income for the current year.
D. An increase in the DOI Self Governance Fund budget authority of $222,516 related to a pass-thru wind energy grant to CNE, increased other funding on the Indian Child Welfare program and a budget correction on the Housing Improvement Program.
E. An increase in the IHS Self Governance - Health Fund budget authority of $2,396,388 related to additional current and prior year Contract Health Service funding.
F. An increase in the IHS Self Governance - Environmental Health Fund budget authority of $149,941 related to additional program support funding.
G. A net increase in the NAHASDA Fund budget authority of $2,513,141 primarily to transfer Title VI loan funds for debt service, authorize 2009 IHP Mortgage Assistance funds as well as various reallocations within the 2008 IHP and Economic Stimulus funds.
H. An increase in the Capital Projects Fund budget authority of $1,429,756 related to closing out the Nowata and Sallisaw Clinic Construction budgets as well as authorizes the remaining expenditure on the Muskogee Clinic Construction budget.
I. An increase in the Debt Service Pool budget authority of $3,245,617 to purchase and retire the previously authorized bond buy-back and substitute the debt with an internal obligation to the Motor Fuels Tax Education Encumbrance Reserve.
SECTION 5. PROVISIONS AS CUMULATIVE
The provisions of this Act shall be cumulative to existing law.
SECTION 6. SEVERABILITY
The provisions of this Act are severable and if any part or 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 7. 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 immediately upon its approval and signatures.
SECTION 8. SELF-HELP CONTRIBUTIONS
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.
Passed by the Cherokee Council on the 10th day of August, 2009
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Meredith Frailey, Speaker
Council of the Cherokee Nation
ATTEST:
_________________________________
Don Garvin, Secretary
Council of the Cherokee Nation
Approved and signed by the Principal Chief this day of _________, 2009
_________________________________
Chadwick Smith, Principal Chief
Cherokee Nation
ATTEST:
_________________________________
Melanie Knight, Secretary of State
Cherokee Nation
YEAS AND NAYS AS RECORDED:
Bill John Baker Yea Chris Soap Yea
Tina Glory Jordan Yea Meredith A. Frailey Yea
Joe Crittenden Yea Cara Cowan Watts Yea
Jodie Fishinghawk Yea Buel Anglen Yea
David W. Thornton, Sr. Nay Bradley Cobb Yea
Janelle Lattimore Fullbright Yea Chuck Hoskin, Jr. Yea
Don Garvin Yea Julia Coates Yea
Harley Buzzard Yea Jack Baker Yea
Curtis Snell Y