Title
AN ACT PROVIDING FOR THE ESTABLISHMENT OF A PUBLIC FINANCE WEBSITE AND DESIGNATED AS THE TRANSPARENCY IN GOVERNMENT ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be known as the "Cherokee Nation Transparency in Government Act of 2010" and shall be codified under Title ____ Section _____ of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
The purpose of this Act is to establish a public finance website.
Section 3. Legislative History
LA-25-01 Freedom of Information Act
Section 4. Definitions.
"Chief Technology Officer": means the person appointed by the Principal Chief and confirmed by the Tribal Council, who is responsible for the day-to-day operations of the Office of Information Technology.
"Searchable Website": means an Internet website that allows the general public to search and aggregate data and information identified in Section 3 of this Act. The term shall include requirements that the website offer the general public the ability to search and display data, and ascertain the total amounts of: (1) revenues and expenditures of funds established within the Nation's treasury; (2) compensation paid to employees of the Cherokee Nation's agencies; and (3) bond debt as specified in this act, in an aggregate or summary form in a manner determined by the Treasurer, in consultation with the Chief Technology Officer.
"Tribal Agency" or "Agency": means any of the principal departments in the Executive Branch of the Cherokee Nation government, and any division, board, bureau, office, commission, or other instrumentality within or created by such principal department; the Legislature of the Nation and any office, board bureau, or commission within or created by the Legislative Branch of the Cherokee Nation's Government; the Judiciary of the Cherokee Nation and any office, board, bureau, or commission within or created by the Judicial Branch of the Cherokee Nation's Government; and any independent Cherokee Nation authority, commission, instrumentality, or agency.
Section 5. Substantive Provisions.
On or before July 1, 2011, the Treasurer, in consultation with the Chief Technology Officer, shall design, develop, and maintain a single, searchable Internet website that is accessible to the general public without charge and that includes data and information on:
(1) Annual Cherokee Nation agency expenditures, as determined by the Treasurer and as available within the central accounting system and Cherokee Nation's payroll system, which shall include but not be limited to:
(a) Disbursements by a Cherokee Nation agency from funds established within the Cherokee Nation treasury;
(b) Bond debt services including, but not limited to, amounts of bond debt or interest paid and sources of funds for bond issues;
(c) Salaries and wages including, but not limited to, compensation paid to employees of Cherokee Nation agencies;
(d) Contractual service purchases including, but not limited to, amounts paid to vendors;
(e) Commodity purchases including, but not limited to, amounts paid to vendors;
(f) Capital outlay and improvements including, but not limited to, amounts paid to vendors;
(g) Additional forms of assistance and benefits deemed relevant by the Treasurer;
(2) Annual Cherokee Nation revenues, as determined by the Treasurer and as available within the central accounting system, which shall include, but not be limited to:
(a) Receipts and deposits by any Cherokee Nation agency into funds established with the Cherokee Nation treasury;
(b) Taxes collected by the Cherokee Nation Tax Commission;
(c) Revenue for the use of money and property including, but not limited to, amounts received for compensation for the use of Cherokee Nation owned money and property;
(d) Gifts, donations, and federal grants including, but not limited to, amounts received from public and private entities to aid in support of a specific function or other governmental activity;
(e) Other revenue including, but not limited to, receipts not classified elsewhere; and
(f) Non-revenue receipts including, but not limited to, all receipts that do not constitute revenue.
(3) Annual Cherokee Nation bonded indebtedness, as determined by the Treasurer and as available within the central accounting system, which shall include but not be limited to:
(a) Amount of the total original obligation stated in terms of principal and interest;
(b) Term of the obligation;
(c) Source of funding for repayment of the obligation;
(d) Amounts of principal and interest previously paid to reduce the obligation;
(e) Remaining balance of the obligation;
(f) Data and information related to refinancing of the obligation; and
(g) Citied statutory or constitutional authority to issue such bonds.
(4) Any other data or information specified by the Treasurer after consulting with and seeking the advice of the Chief Technology Officer.
(5) The public finance website shall include all data and information for fiscal year 2000 and each fiscal year thereafter. Such data and information posted on the website may be periodically updated, but shall not be subject to removal.
(6) All data and information that is available in the central accounting and Cherokee Nation payroll systems shall be made available on the public finance website as soon as practicable, but not later than 45 days after the last day of the preceding fiscal year.
(7) The Treasurer shall develop policies and procedures, in accordance with the provisions of the Cherokee Nation Freedom of Information Act to make data and information available from any other source.
(8) Notwithstanding any other law to the contrary, the Treasurer shall not be required to provide data and information on the public finance website that is not available in the central accounting system and the Cherokee Nation payroll system at the time of the website's initial implementation.
(9) All Cherokee Nation agencies are directed to cooperate with the Treasurer, the Chief Technology Officer in compiling the data and information necessary to comply with the provisions of this Act.
(10) Nothing in this Act shall require the disclosure of information deemed private, personal, or confidential by Cherokee Nation or federal law.
Section 6. Severability.
The provisions of this Act are severable and if any part of provision hereof shall be held void or invalid by a court of competent jurisdiction the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.
Section 7. Declaration of Emergency.
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 after its passage and approval.