LEGISLATIVE ACT 37 2003
Title
AN ACT AMENDING TITLE 4, "AMUSEMENTS AND SPORTS"
OF THE CHEROKEE NATION CODE
AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. Title And Codification,
This Legislative Act shall be amendments to Title 4, Cherokee Nation Code, Sections 16 and 21, and shall be titled "The Gaming Commission Amendment Act of 2003."
SECTION 2. Purpose
The purpose of this amendment is to clarify activities that fall under the jurisdiction of the Cherokee Nation Gaming Commission.
SECTION 3. Legislative History.
The sections were originally adopted in LA 30-89, eff. April 8, 1989, and amended LA 9- 90, eff. October 22, 1990.
Cherokee Nation Constitution Article V, Section 7,
SECTION 4. Definitions.
Those definitions found at Title 4, Cherokee Nation Code, Section 3, are applicable here.
SECTION 5.
A. Amend Title 4, Section 16, as follows:
The Commission shall be empowered with all necessary powers of control over all such entities as would normally fall within the purview of such Cherokee Nation Gaming Commission, or of those entities over which specific control is granted to the Cherokee Nation Gaming Commission by the Council. Without limiting the generality of the foregoing statement, the Cherokee Nation Gaming Commission or any member thereof, in the performance of its duties as defined by law, shall have the power to administer oaths, to conduct administrative hearings, to and to compel the attendance of witnesses and the production of the books, records and papers of any person, firm, association or corporation within the jurisdiction of the Nation for the purpose of the enforcement, assessment of collection of any tax, costs or other fees. Provided that, Cherokee Nation Tribal law enforcement authorities shall have sole jurisdiction to enforce all criminal laws concerning gaming.
B. Amend Title 4, Section 21, as follows:
Any agent of the Cherokee Nation conducting public gaming operations for the benefit of the Cherokee Nation on property of the Cherokee Nation shall be required to have and display prominently an appropriate, valid and current license issued pursuant to provisions of this Act.
Conducting public gaming operations without the lawful written approval and licensure of the Cherokee Nation Gaming Commission is a crime, and is punishable under 21 C.N.A. Cherokee Nation law enforcement authorities have the sole authority to enforce criminal laws concerning gaming.
SECTION 6. Provisions as Cumulative
The provisions of this act shall be cumulative to existing law.
SECTION 7. Severability
The provisions of this act are severable and if any part or provisions 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.
Effective Date: Emergency
It being immediately necessary for the welfare of the Cherokee Nation, the Cherokee citizens hereby declare that an emergency exists, by reason whereof this Act shall take effect and be in full force after its passage and approval.
Joe Grayson, Jr., President Council of the Cherokee Nation
ATTEST: Bill John Baker, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 10th day of NOVEMBER, 2003
Chadwick Smith, Principal Cherokee Nation
Jay Hannah, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
Bill John Baker NAY Melvina Shotpouch NAY
Audra Smoke-Conner YEA Meredith Frailey YEA
S. Joe Crittenden YEA John F. Keener YEA
Jackie Bob Martin YEA Cara Cowan YEA
Phyllis Yargee YEA Buel Anglen YEA
David W. Thornton, Sr. YEA William G. "Bill" Johnson YEA
Don Garvin YEA Charles "Chuck" Hoskin ABSTAINED
Linda Hughes-O'Leary YEA