Committee: Rules Author: John Parris
Date: 03-04-05 Committee Date: 03-17-05 Sponsor:
An Act
Legislative Act 16-05
ACT RELATING TO AMENDING THE
CHEROKEE NATION SOVEREIGN IMMUNITY ACT, LA#23-04
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the 2005 Amendment to the Sovereign Immunity Act, LA 23-04, and codified as (Title) (Section) of the Cherokee Nation Code Annotated.
Section 2. Purpose
To amend Sovereign Immunity Act to authorize the Principal Chief to execute waivers of sovereign immunity for business entities participating in the United States Small Business Administration 8(a) Business Development program, 13 CFR 124.
Section 3. Legislative History
LA 23-04 was enacted June 14, 2004.
Section 4. Substantive Provisions
Section 6 of LA 23-04 is hereby amended by adding to paragraph c) the phrase "Except as provided in paragraph e),...," and adding a new paragraph "e)" as follows:
c) Except as provided in paragraph e), all waivers shall contain provisions limiting:
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e) A waiver conforming to the minimum "sue and be sued" requirements of the Small Business Administration for participation in the 8(a) Business Development program, 13 CFR 124.109 (c)(1), as amended, is exempt from the limits of paragraph c).
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 se...
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