Council of the Cherokee Nation - File #: 12-107

• File #: 12-107
• Version: 2
• Name: ELECTED OFFICIALS DRUG TESTING ACT OF 2012
• Type: Legislative Act
• Status: Passed
• File created: 8/15/2012
• In control: TRIBAL COUNCIL
• On agenda: 2/11/2013
• Final action: 2/11/2013
• Enactment date: 2/11/2013
• Enactment #: LA-05-13
• Title: AN ACT RELATING TO DRUG TESTING FOR ELECTED OFFICIALS
• Sponsors: David Thornton, Sr. , Joe Byrd
• Indexes: Drug testing , Elected Officials, Tribal Council
• Code sections: Title 19 - Council, Title 51 - Officers and Employees
• Related files: CNCA-51, CNCA-19, TMP-271

Date	Ver.	Action By	Action	Result
2/15/2013	2	OFFICE OF THE CHIEF	Signed
2/11/2013	2	TRIBAL COUNCIL	Approved	Pass
1/29/2013	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
1/29/2013	1	RULES COMMITTEE	Special Action	Pass
12/11/2012	1	RULES COMMITTEE	Tabled	Pass
11/29/2012	1	RULES COMMITTEE	Tabled	Pass
10/25/2012	1	RULES COMMITTEE	Tabled	Pass
9/27/2012	1	RULES COMMITTEE	Tabled	Pass
8/30/2012	1	RULES COMMITTEE	Tabled	Pass

Title
AN ACT RELATING TO DRUG TESTING FOR ELECTED OFFICIALS
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the “Elected Officials Drug Testing Act of 2012” and codified as Title 19 and Section 51 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to require Elected Officials of the Cherokee Nation to undergo random drug testing for prohibited drugs and to set forth possible ramifications for failure of such test or refusal to allow administration of such tests.

Section 3. Legislative History

Article VI, Section 7 of the Cherokee Nation Constitution

The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution.

Article V of the Cherokee Nation Constitution-Distribution of Powers

The powers of the government of the Cherokee nation shall be divided into three (3) separate branches: Legislative, Executive and Judicial; and except as provided in this Constitution, the Legislative, Executive and Judicial branches of government shall be separate and distinct and no branch shall exercise the powers properly belonging to either of the others.

Section 4. Definitions

For purposes of this Title:

Prohibited drugs: means marijuana (THC metabolic), opiates (heroin, morphine), cocaine, phencyclidine (PCP), methamphetamines, oxycodone, amphetamines, barbiturates, and methadone or any other illegal drugs.

Elected Officials: means any elected or duly appointed officials from the Cherokee Nation, including the Principal Chief, Deputy Chief, and Tribal Council Members.


Section 5. Substantive Provisions

A. Elected officials shall submit to random drug testing.

B. An initial drug screening will be conducted within thirty (30) days of the effective date of the policy being adopted and randomly thereafter not to exceed more than one time per ...