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File #: 21-038    Version: 1 Name: CNCA 47 AMENDMENT TO MODERNIZE THE MOTOR VEHICLE CODE
Type: Legislative Act Status: Passed
File created: 4/13/2021 In control: TRIBAL COUNCIL
On agenda: 4/29/2021 Final action: 5/20/2021
Enactment date: 5/17/2021 Enactment #: LA-21-21
Title: AN ACT AMENDING TITLE 47 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Sponsors: Keith Austin, Joe Deere, Janees Taylor, Victoria Vazquez, Mike Shambaugh
Indexes: Motor Vehicle
Code sections: Title 47 - Motor Vehicles
Attachments: 1. LA-21-21.PDF
Related files: CNCA-47, 20-083, 20-095
Title
AN ACT AMENDING TITLE 47 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act amends Title 47, Chapter 67 of the Cherokee Nation Code Annotated and shall be codified at the sections referenced herein of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to modernize the Nation's motor vehicle code.

Section 3. Legislative History

LA-2-91
LA-25-06
LA-30-20
LA-02-21

Section 4. Amendments

Title 47 shall be amended as follows:
MISCELLANEOUS LAWS
CHAPTER 67
CHEMICAL TESTS

? 751. Implied consent to breath test, blood test or other test for determining presence or concentration of alcohol or other intoxicating substance

A. 1. Any person who operates a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings within this state shall be deemed to have given consent to a test or tests of such person's blood or breath, for the purpose of determining the alcohol concentration as defined in Section 756 of this title, and such person's blood, saliva or urine for determining the presence or concentration of any other intoxicating substance therein as defined in this section, if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in actual physical control of a motor vehicle upon the public roads, highways, streets, turnpikes or other public place or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings while under the influence of alcohol or other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, or if the person is involved in a traffic accident that resulted in the immediate death or serious injury of...

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