An Act
LEGISLATIVE ACT 40-01
Title
AN ACT 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 Transferring Fiscal Year 2001 Unexpended Funds and Amending Legislative Act #37-01 Authorizing the Comprehensive Budget for Fiscal Year 2002."
SECTION 2. PURPOSE
The purpose of this amendment is to approve the availability of 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 following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $2,216,322 ( $0 Appropriated) Balance: $2,216,322
B. G/F 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 seven hundred thirty five thousand dollars ($735,000.00) from the Cherokee Nation Scholarship Program unexpended fund balance of Fiscal Year 2001 shall be transferred into the Motor Fuel Tax Unappropriated Fund Balance to be available for future appropriation as deemed necessary by the Tribal Council.
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 13TH day of NOVEMBER, 2001.
Hastings Shade, President Council of the Cherokee Nation
ATTEST: Stephanie Shepherd, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 19th day of November, 2001.
Cherokee Nation
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch ABSENT
Don Crittenden YEA Stephanie Shepherd YEA
Harold "Jiggs" Phillips YEA John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss YEA
Mary Flute-Cooksey YEA Dorothy Jean McIntosh
David W. Thornton, Sr. YEA Nick Lay YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott YEA