Title
ACT RELATING TO THE DUTIES OF THE OFFICE OF ATTORNEY GENERAL AND AMENDING THE ATTORNEY GENERAL ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the Amendment to the Attorney General Act and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.
Section 2. Purpose
The Attorney General shall have other duties as the Council may prescribe by law as authorized by the Cherokee Nation Constitution Article VII Section 13. Although official opinions of the AG have persuasive authority, the proper forum for opinions of law having legal effect is through judicial review. This amendment repeals that portion which gives official AG opinions full force of the law.
Section 3. Legislative History
Section 4. Definitions
For purposes of this Title:
Section 5.
§ 105 (B)(4) shall be amended as follows:
B. In addition to the duties prescribed by the Constitution, the duties of the Attorney General as the chief legal officer of the Nation shall be:
4. To give an official opinion upon all questions of law submitted to the Attorney General by any Member of the Tribal Council, the Principal Chief, the Deputy Principal Chief, or by the Group Leader or equivalent of any Cherokee Nation board, commission or executive branch department, and only upon matters in which the requesting party is officially interested. Said opinions shall have the force of law in Cherokee Nation until a differing opinion or order is entered by a Cherokee Nation Court;
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. 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.