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File #: 20-020    Version: 1 Name: REPEAL OF TITLE 19 CH 7 SEC 61-64 - DRUG TESTING
Type: Legislative Act Status: Passed
File created: 2/13/2020 In control: TRIBAL COUNCIL
On agenda: 2/27/2020 Final action: 4/29/2020
Enactment date: 4/27/2020 Enactment #: LA-05-20
Title: AN ACT REPEALING CHAPTER 7, SECTIONS 61-64 OF TITLE 19 AND CHAPTER 11, SECTIONS 1101-1104 OF TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED
Sponsors: Joe Byrd, Wes Nofire, Joe Deere, Daryl Legg, Canaan Duncan , Dora Patzkowski, Mary Baker Shaw, Mike Shambaugh
Indexes: Drug testing , Elected Officials, Tribal Council
Code sections: Title 19 - Council, Title 51 - Officers and Employees
Attachments: 1. LA-05-20.PDF
Related files: CNCA-51, CNCA-19

Title

AN ACT REPEALING CHAPTER 7, SECTIONS 61-64 OF TITLE 19 AND CHAPTER 11, SECTIONS 1101-1104 OF TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED

Body

BE IT ENACTED BY THE CHEROKEE NATION:

 

Section 1.                     Title and Codification

 

                     This Act shall repeal Legislative Act 05-13 previously codified at Title 19, Chapter 7, Sections 61-64 and Title 51, Chapter 11, Sections 1101-1104 of the Cherokee Nation Code Annotated. 

 

Section 2.                     Purpose

 

                     The purpose of this Act is to repeal in its entirety Chapter 7, Sections 61-64 of Title 19 and Chapter 11, Sections 1101-1104 of Title 51, both titles of the Cherokee Nation Code Annotated. The need for this legislation arose upon the passage of Oklahoma State Question 788, which legalized marijuana for any medical use on a doctor’s recommendation.  This Oklahoma legislation has legalized the medical use of marijuana by all Oklahomans, which include many Cherokee citizens, employees and elected officials. 

                     

Section 3.                     Legislative History

 

Previously adopted as Legislative Act 05-13, effective March 17, 2013.

 

Section 4.                     Definitions

                                          

Section 5.                     Substantive Provisions

 

TITLE 19

CHAPTER 7

DRUG TESTING FOR ELECTED OFFICIALS

§ 61. Short title

 

                     This Act shall be known and may be cited as the Elected Officials Drug Testing Act.

History

 

§ 62. Purpose

 

                     The purpose of this Act is to require elected officials of the Cherokee Nation to undergo random drug testing for prohibited drugs and to set forth possible ramifications for failure of such test or refusal to allow administration of such tests.

 

§ 63. Definitions

 

                     For purposes of this Title:

 

1.                     ‘‘Prohibited drugs’’ means marijuana (THC metabolic), opiates (heroin, morphine), cocaine, phencyclidine (PCP), methamphetamines, oxycodone, amphetamines, barbiturates, and methadone or any other illegal drugs.

 

2.                     ‘‘Elected Officials’’ means any elected or duly appointed officials from the Cherokee Nation, including the Principal Chief, Deputy Chief, and Tribal Council Members.

 

§ 64. Drug testing provisions

 

A.                     Elected officials shall submit to random drug testing.

 

B.                     An initial drug screening will be conducted within thirty (30) days of the effective date of the policy being adopted and randomly thereafter not to exceed more than one time per year.

 

C.                     If any of the elected officials are suffering from life threatening illnesses, have just recovered from medical procedures or surgeries, are receiving treatments for certain conditions, or take daily prescription drugs for chronic health issues such as high blood pressure, heart disease and diabetes, they shall provide documentation, from their physician, to the drug testing laboratory or company so any positives for those drugs will not affect the purposes of this Act. This documentation shall remain confidential and not subject to the Cherokee Nation Freedom of Information Act.

 

D.                     The Council of the Cherokee Nation, which is the legislative branch of government, shall determine whether they will use an independent drug testing vendor or the one currently used for Cherokee Nation Employee Drug Testing and will develop policies for the random drug testing since they are not present at the council house on a daily basis.

 

E.                     The Chief, Deputy Chief, Cabinet members and Chief Appointees, which is the executive branch of the government, shall determine whether they will use an independent drug testing vendor or the one currently used for Cherokee Nation Employee Drug Testing and will develop policies for their random drug testing.

 

F.                     The executive and legislative branch drug testing shall be separate from each other.

 

G.                     Anyone with a life threatening, potentially terminal illness is exempt from drug testing due to the number of medications that are required for treatment, survival, and extension of life, which also includes experimental drugs and treatments.

 

 

 

TITLE 51

CHAPTER 11

DRUG TESTING FOR ELECTED OFFICIALS

 

§ 1101. Short title

 

                     This Act shall be known and may be cited as the Elected Officials Drug Testing Act.

 

§ 1102. Purpose

 

                     The purpose of this Act is to require Elected Officials of the Cherokee Nation to undergo random drug testing for prohibited drugs and to set forth possible ramifications for failure of such test or refusal to allow administration of such tests.

 

§ 1103. Definitions

 

                     For purposes of this Title:

 

1.                     ‘‘Prohibited drugs’’ means marijuana (THC metabolic), opiates (heroin, morphine), cocaine, phencyclidine (PCP), methamphetamines, oxycodone, amphetamines, barbiturates, and methadone or any other illegal drugs.

 

2.                     ‘‘Elected Officials’’  means any elected or duly appointed officials from  the Cherokee Nation, including the Principal Chief, Deputy Chief, and Tribal Council Members.

 

§ 1104. Drug testing provisions

 

A.                     Elected officials shall submit to random drug testing.

 

B.                     An initial drug screening will be conducted within thirty (30) days of the effective date of the policy being adopted and randomly thereafter not to exceed more than one time per year.

 

C.                     If any of the elected officials are suffering from life threatening illnesses, have just recovered from medical procedures or surgeries, are receiving treat- ments for certain conditions, or take daily prescription drugs for chronic health issues such as high blood pressure, heart disease and diabetes, they shall provide documentation, from their physician, to the drug testing laboratory or company so any positives for those drugs will not affect the purposes of this   Act. This documentation shall remain confidential and not subject to the Cherokee Nation Freedom of Information Act.

 

D.                     The Council of the Cherokee Nation, which is the legislative branch of government, shall determine whether they will use an independent drug testing vendor or the one currently used for Cherokee Nation Employee Drug Testing and will develop policies for the random drug testing since they are not present at the council house on a daily basis.

 

E.                     The Chief, Deputy Chief, Cabinet members and Chief Appointees, which is the executive branch of the government, shall determine whether they will use an independent drug testing vendor or the one currently used for Cherokee Nation Employee Drug Testing and will develop policies for their random drug testing.

 

F.                     The executive and legislative branch drug testing shall be separate from each other.

 

G.                     Anyone with a life threatening, potentially terminal illness is exempt from drug testing due to the number of medications that are required for treatment, survival, and extension of life, which also includes experimental drugs and treatments.

 

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 or 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.