CominittEE: Rules Author: Sharon Swepston
Date: 7-17-06 Committee Date: 7-27-06 Sponsor: Meredith Frailey
An Act
Legislative Act 16-06
A LEGISLATIVE ACT AMENDING LA# 18-02, "THE CHEROKEE NATION BOAT AND MOTOR LICENSING AND TAX CODE"; ADDING PROVISIONS FOR MULTIPLE YEAR REGISTRATION
BE IT ENACTED BY THE CHEROKEE NATION: Section 1. Title and Codification
This act shall be known as the "Cherokee Nation Boat and Motor Licensing and Tax Code Amendment Act of 2006" and codified as 68 � 500 through 510 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this act is to amend LA# 18-02, The Cherokee Nation Boat and Motor Licensing and Tax Code, to add new provisions for multiple year registration.
Section 3: Legislative History
Legislative Act #18-02, "The Cherokee Nation Boat and Motor Licensing and Tax Code" of 2002.
Section 4. Amendments
Section 503 and 504 are hereby amended to include the following new provisions: Section 503: BOAT AND OUTBOARD MOTOR REGISTRATION
(1 .)Eligible boat or motor shall mean any boat or motor, which is owned by a Tribal Citizen who resides within the Reservation Boundaries of the Cherokee Nation and is principally garage within said boundaries on lands owned, leased or occupied by the Cherokee Nation or any Tribal Citizen in trust, restricted or fee status.
(2.)Registration fees for boats and outboard motors are assessed for the period beginning July 1 and ending June 30 of the following year. Three year registration fees are also available and are assessed for a period beginning on July 1 and ending June 30 of the third year.
(3.)A boat or outboard motor must be registered yearly whether in use or not. If an owner fails to do so, registration fees and penalties are due for the current year and one year previous.
(4.)Registration fees are based on a combination of the Actual Purchase Price and the number of years registered.
Section 504: REGISTRATION FEES AND TAXES. The Commission shall register and collect: TITLE FEES
The Commission shall charge a fee of six dollars ($6.00) for issuing an original or transfer certificate of title and a fee of six dollars ($6.00) for issuing a duplicate certificate of title.
REGISTRATION TAX
There is hereby levied a registration tax of one and one-half percent (I 1/2%) of the value of each boat and motor upon the transfer of legal ownership of any such boat or motor registered in this nation.
REGISTRATION FEES
(1.) If the Actual Purchase Price is less than $150.00
a. 1st Year Fee = Administrative Charge (1.00) plus .50 for the first year.
b. 2nd Year through 20th Year Fee = first year's fee
(2.) If Actual Purchase Price is over $150.00
(a.) 1st year Fee = Administrative Charge (1.00) plus .50 for every 100.00 of the Actual Purchase Price or any fraction thereof. Fee shall not exceed 100.00
(b.)2nd Year through 10th Year Fee = 80% of the previous year's fee plus the Administrative Charge (1.00). Fee shall not exceed 100.00
(c.)11th Year through 20th Year Fee = 80% of the 10th year fee plus Administrative Charge (1.00).
(d.) Amounts for Codes Q1, Q2 and Q3 are based on the Actual Purchase Price and may not be equal to one fourth, one half or three fourths of the full year price due to the 100.00 registration fee maximum.
(3.) If the Actual Purchase Price of the boat or outboard motor is not known, registration fee will be based on book value from NADA.
(4. )The following quarterly periods in which a boat or outboard motor is purchased or enters the 14 county tribal jurisdictional boundary area determines the portion of a full year registration fee due:
July 1 through September 30 Full Year Registration
October 1 through December 31 3/4 Year Registration
January through March 31 1/2 Year Registration
April 1 through June 30 I/4 Year Registration
(5.) A Three year registration fee is also available and is equal to ninety percent (90%) of the total of the individual year's fees.
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 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 7. Effective Date
The provisions of this act shall become effective one hundred and eighty (180) days from and after the date of its passage and approval.
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.
Enacted by the Council of the Cherokee Nation on the 14th day of August, 2006.
Meredith A. Frailey, Speaker Council of the Cherokee Nation
ATTEST: Don Garvin, Secretary Council of the Cherokee Nation
Approved this 21st day of August, 2006.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Melanie night, Secretary of State Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner YEA Meredith A. Frailey YEA
Bill John Baker YEA John F. Keener YEA
Joe Crittenden YEA Cara Cowan Watts YEA
Jackie Bob Martin YEA Buel Anglen YEA
Phyllis Yargee YEA William G. Johnson YEA
David W. Thornton, Sr. YEA Charles "Chuck" Hoskin YEA
Don Garvin YEA Taylor Keen YEA
Linda Hughes-O'Leary YEA Jack D. Baker YEA
Melvina Shotpouch YEA
Cherokee Nation
Act/Resolution Proposal Form
X Act Resolution
TITLE: A LEGISLATIVE ACT AMENDING LA# 18-02, "THE CHEROKEE NATION BOAT AND MOTOR LICENSING AND TAX CODE"; ADDING PROVISIONS FOR MULTIPLE YEAR REGISTRATION
Department Contact: Sharon Swepston
Tax Administrator
Resolution Presenter: Sponsor: Sharon Swepston
Meredith A. Frailey
NARRATIVE:
(See Attached Outline for Information Needed)
49 The purpose of this act is to amend LA# 18-02, The Cherokee Nation Boat and Motor Licensing and Tax Code, to add new provisions for multiple year registration.
ADMINISTRATIVE CLEARANCE:
Program/Project Manager:
Signature Date
Department Director:
Signature Date
Executive Director:
Signature Date
Controller (if needed):
Signature Date
Government Resources Group:
Signature Date
Administration Appr.
LEGISLATIVE CLEARANCE
Legislative Aide:
Signature/Initial Date
Standing Committee:
Next Meeting Date
Chairperson:
Signature/Initial Date
Returned to Presenter:
Date