Committee: Executive & Finance Sponsor: Meredith Frailey
Date: 5-17-04 Committee Date: 5-27-04 Author: M. Knight
An Act
Legislative Act 23-04
Title
ACT RELATING TO
CHEROKEE NATION SOVEREIGN IMMUNITY
AND DELEGATION OF AUTHORITY TO EXECUTE WAIVER FOR BUSINESS
ACTIVITIES
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
Example: This act shall be known as the Sovereign Immunity Act and codified as
(Title) (Section) of the Cherokee Nation Code
Annotated.
Section 2. Purpose
To clarify Cherokee Nation Sovereign Immunity and authorize the Principal Chief to waive sovereign immunity on a limited basis for business transactions of Cherokee Nation-owned Business Entities in order to better fulfill the duties prescribed by the Cherokee Nation Constitution.
Section 3. Legislative History
None.
Section 4. Definitions
For purposes of this Title:
a) Act means an enactment of the Council as provided in the Constitution.
b) Business Entity means any business entity in which the Nation is a majority owner.
c) Nation means Cherokee Nation.
d) Resolution means an enactment of the Council as provided in the Constitution.
e) Sovereign Immunity means the preclusion of bringing suit against the government without its consent.
Section 5. Sovereign Immunity
a) The Nation is a Federally Recognized Indian Nation existing from time immemorial and retains the inherent right to preclude lawsuits under the doctrine of sovereign immunity.
b) The Nation does not consent to lawsuits in any court except by Act or Resolution. c) The Nation has the inherent right to waive, and grant authority to waive sovereign immunity with limitations as to time, place, manner, subject, and any other restrictions desired.
Section 6. Delegation Of Authority As To Business Entities.
The Principal Chief is authorized to execute a waiver of sovereign immunity and/or to agree not to raise the defense of sovereign immunity as to a Business Entity only as follows:
a) All waivers s...
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