An Act
LEGISLATIVE ACT 43-2003
Title
AN ACT AUTHORIZING
EMERGENCY ASSISTANCE PROGRAM AND
COMMUNITY SUPPORT PROJECTS
Body
BE IT ENACTED by the Cherokee Nation:
Section 1. Title and Codification
This Act shall be known as the "Emergency Assistance and Community Support Projects Authorization Act of 2003"and codified as Title Section of the Cherokee Code Annotated.
Section 2. Purpose and Findings
The purpose of this Act is to establish a program for the distribution of funds to Cherokee citizens in the time of imminent need or emergency and to authorize the Council of the Cherokee Nation to consider and authorize funding of community projects as provided in Section 5 of this Act. ? - -
The Tribal Council finds that legislation is necessary to establish a program for Emergency Assistance, formerly called the General Assistance Program. The Judicial Appeals Tribunal of the Cherokee Nation held in JAT-03-15, dated November 14, 2003, that the current General Assistance Program was unconstitutional in its present form because there is no legislation establishing a program. Further, the JAT advises that in crafting legislation, the subject areas of health, education and welfare, commerce and communications, which constitute cabinet positions, are not infringed upon and legislation be narrowly crafted to avoid duplicity. Finally, the JAT advised that attention be given to the Constitutional requirement for Tribal Council approval of "any donations by gift, or otherwise, to any individual, firm, company, corporation or association." Article X, ? 7 Cherokee Constitution.
Section 3. Legislative History
A. "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."
Article V ? 7, Cherokee Nation Constitution.
B. "The Principal Chief shall cause the laws of the Cherokee Nation to be faithfully executed, and shall conduct in person and in such ...
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