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File #: 16-047    Version: Name: CN JUDGMENT FUND ACT OF 2016
Type: Legislative Act Status: Passed
File created: 3/18/2016 In control: TRIBAL COUNCIL
On agenda: 3/31/2016 Final action: 4/18/2016
Enactment date: 4/11/2016 Enactment #: LA-08-16
Title: A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED ESTABLISHING THE CHEROKEE NATION JUDGMENT ACT
Sponsors: Victoria Vazquez
Indexes: Judgment Funds
Code sections: Title 12 - Civil Procedure
Attachments: 1. LA-08-16.PDF
Related files: CNCA-12
Title
A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED ESTABLISHING THE CHEROKEE NATION JUDGMENT ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION

This Act shall be known, and may be cited as, the “Cherokee Nation Judgment Fund Act of 2016” and codified under Title 12, Civil Procedure, of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

The purpose of this Act is to create a fund from which judgment claims against the Cherokee Nation shall be paid in a fair and efficient manner and bar payment of the same by any department, agency of subdivision Cherokee Nation.

SECTION 3. DEFINITIONS

As used in this Act, the following words have the following meanings:

1. “Attorney General” means the Attorney General of the Cherokee Nation, or his designee.
2. “Certified Judgment” means any judgment which has been certified by the Attorney General.
3. “Claim” means a right to payment under a certified judgment.
4. “Claimant” means the holder of valid, certified judgment.
5. “Department” means any department, agency or subdivision of the Cherokee Nation.
6. “Fund” means the Cherokee Nation Judgment Fund.
7. “Indemnity” means any contract, agreement or assurance held by the Cherokee Nation as security against an anticipated loss. This term shall include any applicable insurance policy held by the Cherokee Nation for protection against risks and perils except those specifically enumerated.
8. “Judgment” means any final judgment, award, or compromise settlement payable in money for a sum certain against the Cherokee Nation. Judgment includes all interest and costs specified in the judgment, award, or compromise settlement, specifically including any attorney fees awarded against the Cherokee Nation.
9. “Treasurer” means the Treasurer of the Cherokee Nation.
SECTION 4. ACT GOVERNS

This Act governs all judgments, inclusive of attorney fees and interest, entered against the Cherokee Nation or any departm...

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