VETO
LEGISLATIVE ACT 22-05
AN ACT AMENDING LEGISLATIVE ACT 16-96, ADDING SUBSECTION 19,
CORPORATION CODE REQUIRING COUCN1L APPROVAL OF CAMPAIGN
CONTRIBUTIONS GIVEN BY TRIBAL CORPORATIONS; AND DECLARING AN
EMERGENCY
BE IT ENACTED BY THE CHEROKEE NATION: SECTION I. TITLE AND CODIFICATION
This Act shall he titled as "The Cherokee Nation Corporation Campaign Contribution Act of 2005" and shall be codified as Title 51, Section 19, of the Cherokee Code Annotated,
SECTION 2. PURPOSE
The purpose of this Act is to provide for Tribal Council approval of any political or campaign contribution of a corporation owned by the Cherokee Nation, prior to the contribution being made.
SECTION 3. LEGISLATIVE HISTORY
Title 5 I of the Cherokee Nation Code Annotated, Article V. 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 he contrary to the provisions of this Constitution. Laws or enactments which are required by Federal Statutes to be approved shall be transmitted immediately upon enactment as provided by Section II of this Article to the President of the United States or his authorized representative
The style of all bills or laws shall be: "Be It Enacted By The Cherokee Nation." The style of all resolutions shall be "Be It Resolved by the Cherokee Nation."
Article X, Section 7 of the Cherokee Nation Constitution states:
The credit of the Cherokee Nation shall not be given, pledged, or loaned to any individual, firm, company, corporation, or association without the approval of the Council The Cherokee Nation shall not make any donations by gift. or otherwise. to any individual, firm, company. corporation, or association with out the approval of the Council.
SECTION 4, DEFINITIONS
For the purposes of this Title:
A. "Cherokee Nation" means the Cherokee Nation, located at Tahlequah, Oklahoma,
B. "Tribal Council" means the duly elected and confirmed person(s) of the legislative branch of the Cherokee Nation.
C. -Corporation" means a corporation in which the Cherokee owns a majority stock has controlling interest.
D. "Campaign Contribution" means a gift or donation of including but not limited to, loan of equipment, use of fund contribution.
SECTION 5. SUBSTANTIVE PROVISIONS
PRINCIPAL CHIEF
Article 3 of Legislative Act 96-16, is hereby amended to read as follows: Add new Subsection 19
l9 Corporations in which the Cherokee Nation is the sole or majority
shareholder shall have the authority to make campaign contributions to political candidates political ponies. state Questions or other issue oriented campaigns as allowed by state and federal law. Provided that said corporation receive prior approval by the Tribal Council resolution prior to said contribution being made. Corporations in which the Cherokee Nation is the sole or majority shareholder are prohibited from making any woe of campaign contribution in Cherokee Nation elections. Corporate officials or directors Violations the provisions of this section may be guilty of a crime and subject to removal.
SECTION 6. PROVISIONS AS CUMULATIVE
The provisions of this Act shall he cumulative to existing law. SECTION 7. SEVERABILITY
The provisions of this Act are severable and if any pan 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 upon its approval and signatures.
Enacted by the Council of Cherokee Nation on the 20th day of JUNE, 2005.
Joe Grayson, Jr., President Council of the Cherokee Nation
ATTEST: Audra Smoke-Conner, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this day of 2005.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Callie Catcher, Secretary/Treasurer Cherokee Nation
...
YEAS AND NAYS AS RECORDED:
Bill John Baker YEA Melvina Shotpouch YEA
Audra Smoke-Conner YEA Meredith Frailey NAY
S. Joe Crittenden YEA John F. Keener YEA
Jackie Bob Martin NAY Cara Cowan NAY
Phyllis Yargee YEA Buel Anglen NAY
David W. Thornton, Sr YEA William G. Johnson NAY
Charles "Chuck Hoskin Absent Don Garvin NAY
Linda Hughes-O'Leary YEA
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June 28, 2005
CHEROKEE NATION
P.O. Box 948
Tahlequah, OK 74465-0948
918-456-0671
Chad "Corntassel" Smith
MCI
Principal Chief Joe Grayson, Jr,
JLO,Z .16 hot'.
Deputy Principal Chief
Joe Grayson, Jr, Deputy Principal Chief and Council Members of the Cherokee Nation Tahlequah, Ok. 06 - 23
Dear Mr. President and Council Members.
1 am returning the enactments passed by the Tribal Council at the regular meeting held on June 20, 2005 as required by our Constitution. The Cherokee Constitution (Article V, Section 11) requires that every enactment approved by the majority of the Council be presented to the Principal Chief before it becomes effective. I have carefully considered each enactment and I have approved all but two of them as follows.
� APPROVED RESOLUTIONS
1. Resolution No. 51-05, A Resolution Authorizing the Food Distribution Program to Submit an Application for Funding to the United States Department of Agriculture.
2. Resolution No. 52-05, A Resolution Authorizing the Submission of a Grant Application to the USDA for a Housing Preservation Grant.
3. Resolution No. 53-05, A Resolution Authorizing Cherokee Nation Environmental Programs Group to Submit a Formal Grant Application to the U.S. Environmental Protection Agency for a 2006 Clean Air Section 103 Grant Titled Clean Air-Ambient Air Monitoring.
4. Resolution No, 54-05, A Resolution Authorizing the Submission of a Grant Application Through the U.S. Environmental Protection Agency for a Cherokee Lead Certification/Accreditation Program.
5. Resolution No. 55-05, A Resolution Authorizing the Cherokee Nation Environmental Program to Submit a Proposal to the U.S. Environmental Protection Agency, Region 6/Air Toxics Division to Establish a Cherokee Radon Pilot Program
6. Resolution No. 56-05, A Resolution Confirming the Nomination of Mark Fredrick Green as a Member of the Cherokee Nation Environmental Protection Commission.
7. Resolution No. 57-05, A Resolution Confirming the Nomination of Charles L. Plunkett as a Board Member of Cherokee Nation Industries.
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8. Resolution No. 58-05, A Resolution Confirming the Re-nomination of Leticea Stevenson-Pablo as a Governing Board Member of the Cherokee Nation Comprehensive Care Agency.
9. Resolution No. 59-05, A Resolution Confirming the Nomination of Dennis Springwater as a Commissioner of the Cherokee Nation Gaming Commission.
10. Resolution No. 60-05, A Resolution Confirming the Nomination of Dr. Charles D. Hathaway as the Fifth Member of the Cherokee Nation Election Board Commission.
11 . Resolution No. 61-05, A Resolution Authorizing the Following Bridge Projects to be Included in the Indian Reservation Roads (IRR) System and Submitted as Priority Construction Projects for IRR Bridge Funding.
12. Resolution No, 62-05, A Resolution Authorizing the Submission of a Grant Application to the Indian Health Service for a Health Promotion/Disease Prevention Initiative.
13. Resolution No. 63-05, A Resolution Authorizing the Submission of a Grant Application, "Health Promotion and Diabetes Prevention: Adaptations of Practical Community Environmental Indicators Project".
APPROVED ACTS
1. Legislative Act No. 21-05, An Act Amending Legislative Act #37-04 Authorizing the Comprehensive Budget for Fiscal Year 2005 � Mod. 9; and Declaring an Emergency.
2. Legislative Act No. 23-05, An Act Amending LA#8-02, Establishing Procedures Upon Vacancy of Office of Cherokee Nation Tribal Councilor, Repealing Title 19 Section 3 of the Cherokee Nation Code; and Declaring an Emergency.
VETOED ACTS
1. Legislative Act No. 22-05, An Act Amending Legislative Act 16-96, Adding Subsection 19, Corporation Code Requiring Council Approval of Campaign Contributions Given by Tribal Corporations, and Declaring an Emergency.
The above Act is hereby vetoed, primarily . -cause this Act would require approval of specific expenditures by corporations owned by the Nation. For the purposes of clarification, corporations are prohibited from making campaign donations to individual candidates under Federal law, although the Act states that corporations "...shall have the authority to make campaign contributions to political candidates..." The only donations corporations may presently make are towards "issue oriented" campaigns, an expenditure for which a business entity would consider a cost of doing business. Corporate expenditures are duly authorized by the Boards of Directors for the subject corporations. Corporate oversight by the Principal Chief and Council is in the form of appointment and confirmation of members of the Board of Directors for each of these entities, and we entrust them to be wise stewards of funding and activities that they oversee. The individuals comprising these Boards of Directors are
� distinguished members of the business community, and highly qualified to make financial
decisions affecting the future of these corporate entities. I cannot approve this Act, as requiring