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File #: 17-058    Version: 1 Name: MOTOR VEHICLE LICENSING AND TAX AMENDMENT OF 2017
Type: Legislative Act Status: Passed
File created: 5/4/2017 In control: TRIBAL COUNCIL
On agenda: 5/16/2017 Final action: 6/21/2017
Enactment date: 6/19/2017 Enactment #: LA-19-17
Title: A LEGISLATIVE ACT AMENDING TITLE 68 OF THE CHEROKEE NATION CODE ANNOTATED, THE CHEROKEE NATION MOTOR VEHICLE LICENSING AND TAX CODE
Sponsors: Rex Jordan, Joe Byrd
Indexes: Motor Vehicle, Tags
Code sections: N/A - Not Applicable
Attachments: 1. LA-19-17.PDF
Related files: 08-119, CNCA-68, LA-01-01

Title

A LEGISLATIVE ACT AMENDING TITLE 68 OF THE CHEROKEE NATION CODE ANNOTATED, THE CHEROKEE NATION MOTOR VEHICLE LICENSING AND TAX CODE

Body

BE IT ENACTED BY THE CHEROKEE NATION:

 

Section 1.                     Title and Codification

 

                     This act shall be known as the Motor Vehicle Licensing and Tax Amendment of 2017, and codified as Title 68, Chapter 9, Section 1304 of the Cherokee Nation Code Annotated.

 

Section 2.                     Purpose

 

                     The purpose of this act is to amend the definitions of “Act” and Farm Truck” as codified in Title 68, Chapter 9, Section 1304 of the Cherokee Nation Code Annotated.

 

Section 3.                     Legislative History

 

LA-24-08 eff. November 14, 2008

LA-01-01 eff. March 12, 2001

 

Section 4.                     Definitions

                     

Section 5.                     Substantive Provisions of Law

 

2. "Act" shall mean Title 68, Chapter 9, “The Cherokee Nation Motor Vehicle Licensing and Taxthis act, LA 01-01.

 

12. "Farm truck" shall mean pickup, truck, or truck tractor used primarily for agricultural purposes.  For purposes of farm truck registration eligibility, “pickup” means a small light truck with an open back or box used for hauling and designed or converted primarily for carrying or hauling farm commodities, property, livestock or equipment, rather than people. any vehicle equipped with four or more wheels and a cargo area for the conveyance of property that is used primarily for agricultural purposes, but not for commercial or industrial purposes. Manufacturers Statement of Origin, Titles or Registrations must be classified under body model as pickup or truck,  Vvans and sport utility vehicles shall not be eligible to carry a farm truck tag. Provided, that no vehicle shall be registered as a farm truck unless the applicant produces an income tax Schedule F for the preceding year or presents a valid exemption card issued pursuant to the provisions of 68 O.S. § 1358.1. Provided, further, that said Schedule F or exemption card must pertain to the applicant, the applicant's spouse, or a business entity owned and controlled by the applicant or the applicant's spouse. Provided, further, that an applicant shall not be eligible to register more than four (4) trucks as farm trucks. Business shall not be included in said limitation.

 

Section 6.                     Provisions Not Cumulative

 

                     The provisions of this act shall not be cumulative to existing law and shall supersede any existing law in conflict therewith.

 

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.                     Effective Date

 

                     The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.

 

Section 9.                     Self-Help Contributions

 

                     To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.