Council of the Cherokee Nation - File #: 12-079

• File #: 12-079
• Version: 2
• Name: ACT RELATING TO THE GOVERNMENTAL RECORDS OF THE CHEROKEE NATION AMENDMENT OF 2012
• Type: Legislative Act
• Status: Passed
• File created: 5/17/2012
• In control: TRIBAL COUNCIL
• On agenda: 6/11/2012
• Final action: 6/11/2012
• Enactment date: 6/11/2012
• Enactment #: LA-21-12
• Title: AN ACT AMENDING LEGISLATIVE ACT #06-98 RELATING TO THE GOVERNMENTAL RECORDS OF THE CHEROKEE NATION DECLARING AN EMERGENCY
• Sponsors: Jodie Fishinghawk, Buel Anglen, Jack D. Baker, Joe Byrd, Julia Coates, Cara Cowan Watts, Meredith Frailey, Janelle Fullbright, Don Garvin, Tina Glory Jordan, Frankie Hargis , Chuck Hoskin Jr. , Lee Keener Jr., Dick Lay, Curtis Snell, David Thornton, Sr. , David Walkingstick
• Indexes: Governmental Records Act
• Code sections: Title 19 - Council
• Related files: LA-06-98, 14-043

Date	Ver.	Action By	Action	Result
6/14/2012	2	OFFICE OF THE CHIEF	Signed
6/11/2012	2	TRIBAL COUNCIL	Approved	Pass
5/31/2012	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AMENDING LEGISLATIVE ACT #06-98 RELATING TO THE GOVERNMENTAL RECORDS OF THE CHEROKEE NATION DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification:

This Legislative Act amends the “Act Relating to the Governmental Records of the Cherokee Nation” Legislative Act 06-98 and codified under Title 19 of the Cherokee Nation Code Annotated (“CNCA”).

Section 2. Purpose:
The purpose of this Act is to provide for open access to each member of the Council of the Cherokee Nation ("Council") to all "records" as defined in the Act prepared in the discharge of governmental duties of the "Cherokee Government" as defined below, and to provide procedures under which the Council and its members shall obtain such records.

Section 3. Legislative History:

Legislative Act 06-98

Article VI Section 7 of the Cherokee Nation Constitution states:

“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. The style of
all bills shall be: “Be It Enacted By The Cherokee Nation”. The
style of all resolutions shall be “Be It Resolved By The Cherokee
Nation”.

Section 4. Definitions:
"Cherokee Government" -- collectively, the Cherokee Nation, its elected officials, officers, employees, agents and contractors, or any of the Nation's agencies, commissions, boards, corporations and their subsidiaries, or other entities, and their elected officials, officers, directors, employees, members, agents and contractors.
"Records" -- all documents, including but not limited to any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, c...