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A LEGISLATIVE ACT AMENDING TITLE 18, ARTICLE 3, SECTION 18 OF THE CHEROKEE NATION GENERAL CORPORATION ACT, EXPANDING THE ACCESS FOR CHEROKEE NATION CITIZENS TO THE CHEROKEE NATION HEALTH SERVICES EYEGLASS PROGRAM, PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY
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BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This Act shall be known, and may be cited as the “Eyeglass Expansion Act of 2020” and codified under Title 18, Article 3, §18 of the Cherokee Nation Code Annotated (CNCA).
SECTION 2. PURPOSE
The purpose of this Act is to expand the jurisdictional boundaries of the Cherokee Nation Health Services Eyeglass Program to all citizens of the Cherokee Nation living in the United States, allowing at-large citizens to have access to this benefit.
SECTION 3. LEGISLATIVE HISTORY
L.A. 16-96
L.A. 01-00
L.A. 38-00
L.A. 02-03
L.A. 04-04
L.A. 36-05
L.A. 25-11
L.A. 34-17
SECTION 4. SUBSTANTIVE PROVISIONS
§18. Monthly cash dividend
B. Those for-profit corporations in which Cherokee Nation is the sole or majority shareholder, and that are incorporated under Cherokee Nation law, shall issue a monthly cash dividend in the amount of five percent (5%) of net income which will be set aside exclusively for contract health services for Cherokee Nation citizens, including, but not limited to, eyeglasses, dentures, prostheses, cancer treatments and hearing aids. Funds expended under this Section shall be expended for Cherokee Nation citizens who reside anywhere within the fourteen county jurisdictional area, except for the Cherokee Nation Health Services Eyeglass Program, which shall be expanded to any Cherokee Nation citizen living within the United States, so long as the citizen receives the vision screening in one of Cherokee Nation’s health facilities.
SECTION 5. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
SECTION 6. 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 7. EMERGENCY DECLARED
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.
Section 8. 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.