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File #: 23-055    Version: 1 Name: 2023 AMEND TO ATTORNEY GENERAL ACT
Type: Legislative Act Status: Passed
File created: 9/1/2023 In control: TRIBAL COUNCIL
On agenda: 9/11/2023 Final action: 9/14/2023
Enactment date: 9/11/2023 Enactment #: LA-18-23
Title: AN ACT AMENDING TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED PERTAINING TO THE FILLING OF A VACANCY IN THE POSITION OF THE ATTORNEY GENERAL
Sponsors: Johnny Kidwell , Danny Callison, Candessa Tehee, Joshua Sam, Melvina Shotpouch, Kevin Easley Jr., Daryl Legg, E. O. "JR." Smith, Codey Poindexter, Julia Coates, Mike Dobbins, Joe Deere, Lisa Hall, Sasha Blackfox-Qualls
Indexes: Attorney General, Officers, Vacancy
Code sections: Title 51 - Officers and Employees
Attachments: 1. LA-18-23
Related files: CNCA-51
Title
AN ACT AMENDING TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED PERTAINING TO THE FILLING OF A VACANCY IN THE POSITION OF THE ATTORNEY GENERAL
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the 2023 Amendment to the Attorney General Act and shall be codified as 51 CNCA ? 110 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Legislative Act is to amend Section 110 of the Attorney General Act to comply with the Article VII, Section 13 Constitution of the Cherokee Nation requiring that an appointee to the Office of the Attorney General be confirmed by the Tribal Council for a term of five (5) years of office.

Section 3. Legislative History

CNCA Title 51 Chapter 4 ? 110
Legislative Act 12-07, effective March 7, 2007

Section 4. Substantive Provisions

? 101. Short title

This act shall be known and may be cited as the Attorney General Act.

? 102. Purpose

The purpose of this act is to assign to the Cherokee Nation's Attorney General those "other duties as the Council may prescribe by law" as provided for in Article VII, Section 13 of the Cherokee Nation Constitution drafted in 1999 and ratified in 2003. The Council recognizes the duties and powers delegated to the Attorney General by said Constitution and finds that nothing herein shall be construed to diminish or abridge those duties and powers delegated to the Attorney General by said Constitution.

? 103. Definitions.

For purposes of this Act:

A. "Administration" shall mean the Executive Branch of the Cherokee Nation as provided for in Article VII of the Cherokee Nation Constitution.
B. "Agency" shall mean commission, departments, Government-owned companies, or other instrumentalities of the Cherokee Nation.
C. "Council" or "Tribal Council" shall mean the Council of the Cherokee Nation as provided for in Article VI of the Cherokee Nation Constitution.
D. "Government-owned company" or "Instrumentalitie...

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