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File #: 16-006    Version: 1 Name: CN CODIFICATION ACT OF 2016
Type: Legislative Act Status: Passed
File created: 1/13/2016 In control: TRIBAL COUNCIL
On agenda: 1/28/2016 Final action: 2/18/2016
Enactment date: 2/16/2016 Enactment #: LA-02-16
Title: AN ACT RELATING TO AFFIRMATION AND CODIFICATION OF LAWS AND STATUTES OF CHEROKEE NATION
Sponsors: Joe Byrd, Rex Jordan, Frankie Hargis , David Walkingstick, Curtis Snell, Bryan Warner , Janees Taylor, David Thornton, Sr. , Victoria Vazquez, Shawn Crittenden, Keith Austin, Buel Anglen, Jack D. Baker, Harley Buzzard, Don Garvin, Wanda Hatfield, Dick Lay
Indexes: CODIFICATION, Tribal Council
Code sections: ?? - Unknown
Attachments: 1. LA-02-16.PDF

Title

AN ACT RELATING TO AFFIRMATION AND CODIFICATION OF LAWS AND STATUTES OF CHEROKEE NATION

Body

BE IT ENACTED BY THE CHEROKEE NATION:

 

Section 1.                     Title and Codification

 

                     This enactment shall be known as the Cherokee Nation Codification Act of 2016. This Act will not be codified but provides for the affirmation and codification of the Legislative Acts of the Tribal Council.

 

Section 2.                     Purpose

 

The purpose of this Act is to affirm the re-organization of the laws of the Cherokee Nation as provided in the Cherokee Nation Code Annotated (2014), and laws appended thereto, and to further provide for affirmation and codification of the Legislative Acts of the Tribal Council that do not contain codification language.

 

Section 3. Legislative History

A.                     25 C.N.C.A § 21 (Legislative Act 2-85), effective July 13, 1985, requires that an enactment of the Tribal Council be set out in the format evidenced in the instant Act. Codification provisions must be a part of any enactment of the Tribal Council.

 

B.                     25 C.N.C.A § 1 (Legislative Act 9-92), effective October 10, 1992, organizes various laws, repeals certain laws, and affirms and codifies other laws of the Cherokee Nation, including those enacted prior to 1906 and post 1975. 

 

C.                     Since the comprehensive codification in 1992, the Tribal Council has passed numerous legislative acts that enact, amend, and repeal various laws of the Cherokee Nation. The Cherokee Nation Code Annotated was not updated contemporaneously with the passage of each legislative act. 

 

D.                     In 2014, the Cherokee Nation published an update version of the Cherokee Nation Code Annotated. The Cherokee Nation Code Annotated (2014) re-organizes various laws previously codified and further codifies those legislative acts that do not contain the required codification language.

 

 

Section 4. Definitions

For purposes of this title:

A.                     “Cherokee Nation Code Annotated” means the enacted laws of the Cherokee Nation annotated for reference and research.

 

B.                     “Codification” means the assignment of title, chapter, and/or sections numbers designating where within the Cherokee Nation Code the provisions of a particular act may be found.

 

C.                     “Enactment” means an act passed by the Tribal Council.

 

D.                     “Tribal Council” mea ns the Council of the Cherokee Nation.

 

 

Section 5. Substantive Provision of Law; Repeals; Additions; and Amendments

All laws included in the Cherokee Nation Code Annotated (2014), and laws appended thereto, are hereby affirmed as the positive law of the Cherokee Nation. All laws and parts of laws not included in the Cherokee Nation Code Annotated (2014) publication are repealed. The repeal shall not revive any law previously repealed, nor shall it affect any right already existing or accrued or any action or proceeding already taken, unless otherwise provided in the Cherokee Nation Code Annotated (2014).

 

 

Section 6. Provisions as cumulative

 

                     The provisions of this act shall be cumulative to existing law.

 

Section 7. 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 8. 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.

 

Section 9. Self-Help Contributions

 

                     To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.