Title
A LEGISLATIVE ACT RELATING TO AMENDING AND REPEALING SUBSEQUENT AMENDMENTS TO THE CHEROKEE NATION SOVEREIGN IMMUNITY ACT, LA#23-04
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the 2012 Amendment to the Sovereign Immunity Act- LA 23-04 and codified as (Title)_____________ (Section) ______________ of the Cherokee Nation Code Annotated.
Section 2. Purpose
To amend the Sovereign Immunity Act so that only the Council of the Cherokee Nation shall have the authority to execute and approve limited waivers of sovereign immunity where needed for contracts and agreements, business transactions, business entities, government compacts, certain legal actions, and other situations which may occur and require such waiver and repeal subsequent amendments to LA 23-04.
Section 3. Legislative History
LA 23-04 was enacted June 14, 2004, and amended by LA16-05 on April 11, 2005, by LA12-08 on July 14, 2008, and LA12-11 on June 20, 2011.
Article VI, Section 7 of the Cherokee Nation Constitution provides that “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.”
Section 4. Definitions
For purposes of this Title:
a. “Council” means the Council of the Cherokee Nation which is the Constitutional Legislative Body of the Nation.
b. “Act” means an enactment of the Council as provided in the Constitution.
c. “Business Entity” means any business entity in which the Nation is a majority owner including but not limited to Cherokee Nation Business and its businesses.
d. “Nation” means Cherokee Nation.
e. “Resolution” means an enactment of the Council as provided in the Constitution.
f. “Sovereign Immunity” means the preclusion of bringing suit against the government without its consent.
Section 5. Sovereign Immunity
a. The Nation is a Fede...
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