An Act
Enrolled
Legislative Act 2-85
Title
AN ACT RELATING TO CHEROKEE NATION OF OKLAHOMA GENERAL PROVISION LAWS; AMENDING 1 CNCA 1985 (LA 1-76 and LA 4-76), SEPARATING PROVISIONS FOR LAWS AND RESOLUTIONS INTO CHAPTERS; ADDING NEW ITEMS; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. AMENDATORY 1 CNCA 1985 (LA 1-76),
Paragraph 1, is repealed.
SECTION 2. AMENDATORY 1 CNCA 1985 (LA 1-76),
Paragraph 2 is to read as follows:
Chapter 1. Provisions for Laws.
Section 101. Definition and Style. When a permanent rule of conduct of government in the form of a continuing regulation is the intent of the Council of the Cherokee Nation, the same shall be affected by an enactment of Law of the Cherokee Nation and shall 2."Be it enacted by the Cherokee Nation".
SECTION 3. AMENDATORY NEW ITEM 1 CNCA 1985 is to
read as follows:
Section 102. Recording of votes. A roll call vote shall be made on every Law and said vote shall be recorded in yeas, nays, and abstentions in the permanent Journal of the Council.
SECTION 4. AMENDATORY 1 CNCA 1985 (LA 4-76),
Paragraph 1 is to read as follows:
Section 103. Effective Date. All laws of the Cherokee Nation shall be effective thirty (30) days after approval by the Council as-d- if approved and signed by the Principal Chief or after approval pursuant to Article V, section 11 of the Constitution, i-e-n-
-04 - h-e- -C-h e-r-o-kee Nation 4_ Ar-e- a4-e- -le- -p-ire v4.4e-4 t-h-e-re-i-n- or an emergency is declared as provided in section 104 of this act.
SECTION 5. AMENDATORY 1 CNCA 1985 (LA 4-76),
Paragraph 3 is to read as follows:
Section 104. Emergency Clause. Any 18.14-, --n-etw-i-t-hst-a-n4int
may be made effective
immediately upon the approval and signature of the Principal Chief by a clear finding, with a provision therein, by the Council that an emergency exists by reason of which the welfare of the Nation requires that it take effect 1.
immediately. Said provision
shall be styled "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 and be in full force from and after its passage and approval".
SECTION 6. AMENDATORY 1 CNCA 1985 (LA 4-76),
Paragraph 2 is to read as follows:
Section 105. Publication of laws.
e -
e -a R41- -s4 re- - t-h-e- - Qs- -as -43-o.om
t - - b-e- e-o-m-p-14.42-11-494 -� Any law enacted and
approved as provided for in this act shall, upon direction of the Secretary of the Council, be published in full in the first issue of the official tribal publication or as soon thereafter as can reasonably be accomplished.
SECTION 7. AMENDATORY 1 CNCA 1985 (LA 4-76)1
Paragraph 4 is to read as follows:
Section 106. Indexing and Maintenance. All Resolutions and Laws of the Cherokee Nation shall be indexed and maintained by
the Secretary-Treasurer of the Cherokee Nation. A copy of all original laws shall be made available for public inspection in the Capitol building at the seat of government.
SECTION 8. AMENDATORY 1 CNCA 1985 (LA 1-76),
Paragraph 3 is to read as follows:
Chapter 2. Provisions for Resolutions.
Section 201. Definition and Style. When an act of a temporary character not prescribing a permanent rule of government but only declaratory of the will of the Council of the Cherokee Nation on a given matter or in the nature of a ministerial act is the intent of said Council, the same shall be effected by a Resolution of the Cherokee Nation and shall
include as provided
C4)-a-stt-t-wtiea- be styled "Be It Resolved By The Cherokee Nation".
SECTION 9. AMENDATORY NEW ITEM 1 CNCA 1985, is to
read as follows:
Section 202. Certification. Any resolution considered and
voted upon by the Council of the Cherokee Nation shall include a
certification statement. Said statement shall be styled: "The foregoing resolution was adopted by the Council of the Cherokee Nation at a duly called meeting on the day of , 19 , having
members present, constituting a quorum, by the vote
of yea; nay; abstaining."
Section 203. Indexing and Maintenance. All Resolutions of the Cherokee Nation shall be indexed and maintained by the Secretary-Treasurer of the Cherokee Nation. A copy of all original resolutions shall be made available for public inspection in the Capitol building at the seat of government.
SECTION 10. If any section, sentence, clause or phrase of
this act is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this act. The Council hereby declares that it would have passed this act, and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared unconstitutional.
SECTION 11. 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 and be in full force from and after its passage and approval.
Passed by the Council on this 13th day of July, 1985.
Wilma P. Mankiller, President Cherokee Nation Council
Approved and signed by the Principal Chief this 13th day of July, 1985.
Ross 0. Swimmer, Principal Chief Cherokee Nation of Oklahoma
ATTEST:
Gary i. Chapman, Secretary/Treasurer of t e Cherokee Nation