Title
AN ACT AUTHORIZING THE LEGISLATIVE BRANCH OF THE CHEROKEE NATION TO MAINTAIN A CITIZEN DATABASE
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the "Cherokee Nation Tribal Council Citizen Database Act of 2008" and codified under Title 19 Section 6 of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
The purpose of this Act is to provide the Cherokee Nation Tribal Council with access to the names, addresses and phone numbers of Tribal Citizens in their respective districts to enable them to communicate with the citizens concerning the Cherokee Nation and its activities.
Section 3. Legislative History
A. 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".
B. Legislative Act 25-01 Freedom of Information Act.
C. Legislative Act 98-6 Government Records Act.
Section 4. Definitions
Cherokee Nation Tribal Council: means the Constitutionally elected or appointed members of the Cherokee Nation Tribal Council.
Tribal Citizen: means enrolled citizens of the Cherokee Nation.
Section 5. Substantive Provisions
Adding new Section 6 to Title 19 of the Cherokee Code Annotated:
The Cherokee Nation Tribal Council shall have and maintain a database of the names, addresses, date of birth and phone numbers of all Cherokee Nation Citizens. This database shall be supplied and updated regularly by information provided by the Registrar of the Cherokee Nation. The database shall be kept and maintained by the staff of the Cherokee Nation Tribal Council.
A. Use of List: The Tribal Council will use this list, exclusively, for communication with Tribal Citizens concerning the Cherokee Nation Government, programs and Council activities. The database, subject to this Act, shall not be used for commercial purposes.
B. To ensure personal privacy, this database shall only include the name, address, date of birth and phone number of Cherokee Citizens. No Cherokee register number or social security number shall be provided.
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.