An Act
LEGISLATIVE ACT 43-01
Title
AN ACT APPROPRIATING MOTOR FUELS TAX FUNDS FOR A LIHEAP
PROGRAM SUBSIDY AND AMENDING LEGISLATIVE ACT #37-01
AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2002;
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 Appropriating Motor Fuels Tax Funds for a LIHEAP Program Subsidy and Amending Legislative Act #37-01 Authorizing the Comprehensive Budget for Fiscal Year 2002."
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 2002" or subsequent amendment. The cumulative total of the budget is increased by $15,000 for a total budget authority of $241,909,359. The following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $2,236,322 ( $35,000 Appropriated) Balance: $2,201,322
B. GIF special div. $250,000 ( $0 Appropriated) Balance: $250,000
C. Gammon Trust $290,625 ( $290,625 Restricted) Balance: $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act 37-01 are applicable to this amendment.
SECTION 4. FUNDING AUTHORIZATIONS
The amount of fifteen thousand dollars ($15,000.00) from the Motor Fuels Tax Fund shall be reserved, designated and set aside for a subsidy to the LIHEAP program for the purchase of additional gas or wood stoves to be distributed under the guidelines established under the current LIHEAP program to Tribal Members.
SECTION 5. 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 6. 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.
Passed by the Cherokee Council on the 10TH day of DECEMBER, 2001.
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 13th day of December, 2001.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher ABSENT Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Wickliffe-Shepherd YEA
Harold "Eggs" Phillips YEA John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss YEA
Mary Flute-Cooksey YFA Dorothy Jean McIntosh
David W. Thornton, Sr. YEA Nick Lay ABSENT
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott ABSENT