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File #: 12-011    Version: 1 Name: FREEDOM OF INFORMATION AND RIGHTS TO PRIVACY ACT AMENDMENT OF 2012
Type: Legislative Act Status: Passed
File created: 1/11/2012 In control: TRIBAL COUNCIL
On agenda: 2/13/2012 Final action: 2/23/2012
Enactment date: 2/23/2012 Enactment #: LA-04-12
Title: AN ACT AMENDING LEGISLATIVE ACT 25-01 THE FREEDOM OF INFORMATION ACT SETTING FORTH DISCLOSURE REQUIREMENTS AND DECLARING AN EMERGENCY
Sponsors: David Thornton, Sr. , Cara Cowan Watts
Indexes: FOIA, Freedom of Information and Rights to Privacy Act
Code sections: Title 75 - Statutes and Reports
Attachments: 1. LA-04-12
Related files: LA-25-01, 14-044
Title
AN ACT AMENDING LEGISLATIVE ACT 25-01 THE FREEDOM OF INFORMATION ACT SETTING FORTH DISCLOSURE REQUIREMENTS AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
 
Section 1.      Title and Codification
 
This Legislative Act shall be titled as the "Freedom of Information and Rights to Privacy Act Amendment of 2012" and codified under Title 75 Sections 1-17 of the Cherokee Nation Code Annotated ("CNCA").
 
Section 2.      Purpose
 
The purpose of this Act is to require an explanation if documents or records are determined exempt from disclosure or produced and marked confidential.
 
Section 3.      Legislative History
 
L.A. 25-01
 
Section 4.       Substantive Provisions
 
            (New) Section (ยง 75-1-6) Matters Exempt From Disclosure
 
B.      Any record that is requested and is determined to be exempt and not disclosed or is disclosed and marked confidential shall be accompanied by a statement setting out the reasons for such determination.
 
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 of 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.      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 and be in full force after its passage and approval.