Committee: Rules Author: Todd Hembree
Date: 2-15-06 Committee Date: 2-23-06 Sponsor: Linda Hughes-O?Leary
04/17/2006
VETO
An Act
Legislative Act 8-06
AN ACT ALLOWING FOR ADDITIONAL PUNISHMENT FOR CRIMES AGAINST
PUBLIC JUSTICE PROVIDING SEVERABILITY AND DECLARING AN
EMERGENCY
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Legislative Act shall be titled as "The Crimes Against Public Justice Act of 2006" and codified under Title 21 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this Act shall be to provide additional punishment for crimes against Public Justice up to and including banishment from the Cherokee Nation.
Section 3. Legislative History and Constitutional Authority
A. Article 6, Section 10 of the Cherokee Nation Constitution provides:
The Principal Chief shall cause the laws of the Cherokee Nation to be faithfully executed, and shall conduct in person and in such manner as shall be prescribed by law, all communications and business of the Cherokee Nation. (emphasis added)
B. Article 5, Section 7 of the Cherokee Nation Constitution provides:
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.
C. Title 21 of the Cherokee Nation Code Annotated, Section 10.
Section 4. Definitions
For the purposes of this Act:
A. -Cherokee Nation" means the Cherokee Nation, located in Tahlequah, Oklahoma.
B. "Public Office" means the duly elected and/or confirmed person(s) of the legislative
branch or the Executive Branch of the Cherokee Nation.
C. "Appointed Official" means any person that held a position of trust at the Cherokee
Nation that is appointed by the Principal Chief and confirmed by the Tribal Council.
D. "Department Head" Means any person at the Cherokee Nation who is the leader or
top authority in the various departments or group...
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