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File #: 12-107    Version: 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
Attachments: 1. LA-05-13
Related files: CNCA-51, CNCA-19, TMP-271
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 ...

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