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File #: LA-35-02    Version: 1 Name: The Cherokee Corporation Advisory Board Act
Type: Legislative Act Status: Veto Overrode
File created: 1/1/2002 In control: TRIBAL COUNCIL
On agenda: N/A Final action: 11/18/2002
Enactment date: 11/15/2002 Enactment #: LA-35-02
Title: AN ACT AMENDING THE CHEROKEE NATION GENERAL CORPORATION ACT CREATING AND ADVISORY BOARD OF DIRECTORS AND SETTING TERM LIMITS ON DIRECTORS ON CORPORATIONS IN WHICH THE CHEROKEE NATION IS A MAJORITY SHAREHOLDER
Sponsors: Unknown
Indexes: Advisory Board Members, General Corporation Act, Term Limits
Code sections: Title 18 - Corporations
Attachments: 1. LA-35-02.pdf
Related files: TMP-144, 10-038, 10-063
                  VETO                        
                                          
An Act                                    
 
Legislative Act 35 -02                                          
Title
AN ACT AMENDING THE CHEROKEE NATION GENERAL CORPORATION
ACT CREATING AND ADVISORY BOARD OF DIRECTORS AND SETTING
TERM LIMITS ON DIRECTORS ON CORPORATIONS IN WHICH THE
CHEROKEE NATION IS A MAJORITY SHAREHOLDER
Body
BE IT ENTITLED BY THE CHEROKEE NATION:
      Section 1.      Title.
This Act shall be known as the Cherokee Corporation Advisory Board Act and shall be codified in Title 18 of the Cherokee Code Annotated.
      Section 2.      Purpose.
The purpose of this Act is to amend Legislative Act 16-19 to provide an advisory board of tribal council members to all corporation Board of Directors in which the Cherokee Nation is a majority stockholder and provide term limits for the Board of Directors.
      Section 3.      Legislative History.
A.      Cherokee Nation General Corporation Act Legislative Act-1-1-85 as
amended in LA 16-96, LA 15-96.
B.      Article V � 7 of the Cherokee Nation Constitution.
Section 4.      Substantive Provisions.
A.      Add new Section "I" to Article 5 Section 27 of the Cherokee Nation
General Corporation Act, which shall state, "There shall be an advisory board of directors to all corporations in which the Cherokee Nation is a majority shareholder. This advisory board shall consist of three (3) members of the Cherokee Nation Tribal Council. The Tribal Council shall appoint these members in accordance with their rules and procedures. The advisory board shall have full access to all information and meetings of the Board of Directors and have all privileges of the Board of Directors except voting privileges.
B.      Add new language to Article V Section 27(B) "Provided, that a Director
shall not serve more than four (4) consecutive years without confirmation by the Tribal Council to a corporation whose majority shareholder is the Cherokee Nation.
      Section 5.      Severability.
The provisions of this Act are severable and if any part of provision hereof shall be held void or invalid by a court of competent jurisdiction the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.
      Section 6.      Declaration of emergency.
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 28th day of OCTOBER, 2002.
Hastings Shade, President Council of the Cherokee Nation
ATTEST: Stephanie Wickliffe � Shepherd, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this      day of      , 2002.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary � Treasurer Cherokee Nation
 
 
 
 
 
YEAS AND NAYS AS RECORDED:
John Ketcher            YEA            Melvina Shotpouch                  ABSENT
Don Crittenden            YEA            Stephanie Wickliffe-Shepherd      YEA
Harold "Jiggs" Phillips      ABSENT      John Keener                        YEA
Jackie Bob Martin            ABSENT      Harold DeMoss                  YEA
Mary Flute-Cooksey      YEA            David Thornton, Sr.            YEA
Nick Lay                  ABSENT      Charles "Chuck" Hoskin            YEA
Don Garvin                  YEA            Barbara Starr-Scott            YEA
Buel Anglen                  YEA