Title
AN ACT AMENDING CNCA TITLE 40, "CHEROKEE NATION EMPLOYMENT RIGHTS ACT"
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as an Act Amending the Cherokee Nation Employee Rights Act as codified in Title 40 of the Cherokee Nation Code Annotated amending §§1041, 1011, 1051, 1061; adding §§1033, 1034, 1035; and striking §§1071 and 1083.
Section 2. Purpose
The purpose of this amendment is to provide a legal framework to allow Indian owned businesses to obtain developmental assistance from larger mentors, and form joint ventures with those mentors to pursue TERO certified contracts. This act also amends the sections in Title 40 that pertain to administrative appeals. The Administrative Appeals Board was abolished when Chapter 10 of Title 51 C.N.C.A. was repealed and replaced by the Employee Access to Justice Act of 2017, L.A. 30-17.
Section 3. Legislative History
L.A. 01-14
Title 40 C.N.C.A.
L.A. 05-16
L.A. 17-16
Section 4. Definitions
For purposes of this Title:
Title 40, §1004 shall be amended as follows:
§1004. Definitions
A. "Administration" shall mean the Executive Branch of Cherokee Nation as provided in the Cherokee Nation Constitution.
B. "Cherokee Nation Indian Country" shall mean the territorial boundaries of the Cherokee Nation as defined within the Cherokee Nation 1999 Constitution, Article II.
C. "Cherokee Nation Government" shall mean the officials and employees of the Cherokee Nation and its programs or commissions wherever located. "Cherokee Nation" shall mean the government of Cherokee citizens, authorized by the Act of Union of 1839.
D. "Contractor" shall mean any person, company or other entity engaged in work with Cherokee Nation, its entities or wholly-owned corporations. The term "contractor" includes Cherokee Nation, its entities and wholly-owned corporations, and includes contractors and subcontractors thereof. This term shall not include federal, state, or county governm...
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