Title
AN ACT AMENDING LEGISLATIVE ACT #19-08 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2009 - MOD 7; 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 Amending Legislative Act #19-08 Authorizing the Comprehensive Budget for Fiscal Year 2009 - Mod. 7".
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 2009" or subsequent amendment. The cumulative total of the budget is increased by $5,286,416 for a total budget authority of $556,384,491. The following items are identified as estimated General Fund sources in excess of appropriated uses to wit:
Previous Estimated Estimated Adjusted
Balance Sources <Uses> Balance
A. General Fund $4,597,549 $156,966 <$886,330> $3,868,185
B. Motor Fuels Tax $0 $0 <$0> $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #19-08 are applicable to this amendment.
SECTION 4. FUNDING AUTHORIZATIONS
The changes reflect increases to cost centers set forth in the program budget justifications incorporated herein. This amendment changes the total amount of the comprehensive budget authorization by a net increase of $5,286,416 to wit:
A. An increase in the General Fund budget authority of $886,330 related to carryover funding on the Tribal Bridge Program as well as increased funding on the Community Investment Project and Charitable Donation budgets.
B. A reallocation on the Motor Vehicle Tax Fund resulting in $0 impact related to a slight change in the total number of qualifying students.
C. An increase in the I.H.S. - Self Governance Health Fund budget authority of $3,500,000 related to carryover funds on the Health Equipment Replacement budget and additional funds to transfer for debt retirement.
D. An increase in the I.H.S. - Self Governance T.E.H. Fund budget authority of $33,456 related to carryover funds on the Tribal Solid Waste Management program.
E. An increase in the NAHASDA budget authority of $366,630 related to increased property rental income on the Housing Management budget in the 2008 Indian Housing Plan.
F. An increase in the Debt Service Pool budget authority of $500,000 related to debt retirement of a portion of the 2006 Health Series bonds.
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 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 7. 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.
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.
Passed by the Cherokee Council on the 11th day of May, 2009
___________________________________
Meredith Frailey, Speaker
Council of the Cherokee Nation
ATTEST:
_________________________________
Don Garvin, Secretary
Council of the Cherokee Nation
Approved and signed by the Principal Chief this day of _________, 2009
_________________________________
Chadwick Smith, Principal Chief
Cherokee Nation
ATTEST:
_________________________________
Melanie Knight, Secretary of State
Cherokee Nation
YEAS AND NAYS AS RECORDED:
Bill John Baker Yea Chris Soap Yea
Tina Glory Jordan Yea Meredith A. Frailey Yea
Joe Crittenden Yea Cara Cowan Watts Yea
Jodie Fishinghawk Yea Buel Anglen Yea
David W. Thornton, Sr. Yea Bradley Cobb Yea
Janelle Lattimore Fullbright Yea Chuck Hoskin, Jr. Yea
Don Garvin Yea Julia Coates Yea
Harley Buzzard Yea Jack D. Baker Yea
Curtis Snell Yea