Committee: Rules Author: Paula Ragsdale
Date 3-20-06 Committee Date: 3-30-06 Sponsor Bill John Baker/Cara Cowan Watt
An Act
� Legislative Act 7-06
A LEGISLATIVE ACT AMENDING LA 01-01, "THE CHEROKEE NATION MOTOR
VEHICLE LICENSING AND TAX CODE"; ADDING DEFINITIONS; AND ADDING
NEW SECTIONS 204(T) AND 204(K)
BE IT ENACTED BY THE CHEROKEE NATION: Section 1. Title and Codification
Example: This act shah be known as the "Cherokee Nation Motor Vehicle Code Amendment Act of 2006" and codified as (Title) (Section) of the Cherokee Nation Code Annotated.
Section 2, Purpose
The purpose of this act is to amend LA# 01-01, the Cherokee Nation Motor Vehicle Licensing and Tax Code, to add new definitions and provisions for registration of assembled and abandoned motor vehicles, respectively.
Section 3: Legislative History
Legislative Act #01-01, "The Cherokee Nation Motor Vehicle and Licensing Tax Code" of 2001, as amended by Legislative Acts 27-01. 34-01, 34-02, 04-03, 19-03, 25-04, 29-04, and 03-05.
Section 4. Definitions
Section 103 of LA#01-01 is hereby amended as follows, to include the following new definitions:
V. "Assembled Vehicle" means a vehicle front which major components front IWO Of more vehicles are being incorporated into a single unit
W. "major component" means a body or cab frame and front end or rear end clip, if the public VIN is changed.
X. "Abandoned Vehicle" means an article of personal property, any service rendered to the owner thereof by furnishing material labor or skill for the protection improvement safekeeping towing, storage or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due such person from the owner for such service.
Section 5: Amendment
Section 204 is hereby amended to include the following new provisions: J. Registration Tax on Assembled Vehicles
There is hereby levied a registration tax of one and one-half percent ( 14 %) of the actual purchase price of Assembled Vehicles not previously registered with the Cherokee Nation or any Other tribe or with any territory or state provided that the actual purchase price is no more than twenty percent (20%) less than the average retail value. This registration tax shall Is:' he levied upon any Vehicle registered pursuant to this Act upon its sale by a Tribal Citizen to another Tribal Citizen. "Average retail value' is determined as used in Subsection B of this section.
Assembled Vehicles shall
Ill. Affidavit of Assembly and Ownership. Affidavit shall he approved by the Cherokee Nation Tax Col-Mission Motor Vehicle Division.
(21. Upon approval of the Affidavit of Assembly and Ownership the Cherokee Nation Marshal Service shall conduct an inspection and permanently affix a Cherokee Nation assigned Number to the vehicle.
K. Registration Tax on Abandoned Vehicles
There is hereby levied a registration tax of one and one-half percent ( I Vi % I of the actual purchase price of Assembled Vehicles not previously registered with the Cherokee Nat ion or airs other tribe or with any territory or stale provided that the actual purchase Price is CO more than twenty Percent (2044,) less than the average retail value. This registration tax shall also be levied upon any Vehicle registered pursuant to this Act upon its sale by a Tribal Council to another Tribal Citizen. "Average retail value" is determined as used in Subsection B and D of this section.
The Cherokee Nation Tax Commission shall adopt rule, and regulations to set forth the procedures and requirements for the ownership transfer of Abandoned Vehicles.
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 arty part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining pacts or provisions of this act.
Section 8. Effective Date
The provisions of this act shall become effective thirty (30)days from and after the dale of 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.
Enacted by the Council of the Cherokee Nation on the 10th day of April, 2006.
Joe Grayson, President Council of the Cherokee Nation
ATTEST: Don Garvin, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 17th day of April, 2006.
Chad Smith, Principal Chief Cherokee Nation
Callie Catcher, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner YEA Melvina Shotpouch YEA
Bill John Baker YEA Meredith A. Frailey YEA
Joe Crittenden YEA John F. Keener YEA
Jackie Bob Martin YEA Cara Cowan Watts YEA
Phyllis Yargee YEA Buel Anglen YEA
David W. Thornton, Sr. YEA William G. Johnson YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Linda Hughes-O'Leary YEA