Council of the Cherokee Nation - File #: 20-020

• 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
• Related files: CNCA-51, CNCA-19

Date	Ver.	Action By	Action	Result
4/29/2020	1	OFFICE OF THE CHIEF	Signed
4/27/2020	1	TRIBAL COUNCIL	Approved	Pass
2/27/2020	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

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 tes...