Council of the Cherokee Nation - File #: 23-068

• File #: 23-068
• Version: 1
• Name: FREEDOM OF INFORMATION MODERNIZATION ACT
• Type: Legislative Act
• Status: Passed
• File created: 10/25/2023
• In control: TRIBAL COUNCIL
• On agenda: 11/6/2023
• Final action: 11/20/2023
• Enactment date: 11/6/2023
• Enactment #: LA-25-23
• Title: AN ACT AMENDING TITLE 67 OF THE CHEROKEE NATION CODE ANNOTATED
• Sponsors: Mike Shambaugh, Victoria Vazquez, Dora Patzkowski, Johnny Kidwell , E. O. "JR." Smith, Daryl Legg
• Indexes: FOIA, Freedom of Information and Rights to Privacy Act, Records
• Code sections: Title 67 - Records
• Related files: CNCA-67, 14-044, 12-011, 07-085, LA-24-04, LA-25-01

Date	Ver.	Action By	Action	Result
11/20/2023	1	OFFICE OF THE CHIEF	Signed
11/6/2023	1	TRIBAL COUNCIL	Approved	Pass
11/6/2023	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AMENDING TITLE 67 OF THE CHEROKEE NATION
CODE ANNOTATED
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the "Freedom of Information Modernization Act" and codified under Title 67, Chapter 2, Sections 104, 105, and 106 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this legislative act is to amend and enhance the existing Freedom of Information Act in order to better align it with the expanding operations of the Cherokee Nation.

Section 3. Legislative History

LA-25-01
LA-24-04
LA-25-07
LA-04-12
LA-16-14

Section 4. Substantive Provisions

Title 67, Chapter 2, Sections 104, 105, and 106 shall be amended as follows:

? 104. Right to inspect and/or copy public records-Fees-Notification as to public availability of records-Presumption upon failure to give notice-Records to be available when requestor appears in person

A. Any Cherokee Nation citizen has a right to inspect or copy any public record of a public body, except as otherwise provided by 67 CNCA ? 105, in accordance with reasonable rules concerning time and place of access. A request to inspect or copy any public record submitted under this Chapter must reasonably describe the records being requested. No provision of this Chapter requires a public body to create or compile new records or to create explanatory material in response to a request.
B. The public body may establish and collect fees not to exceed the actual cost of searching for or making copies of records. Fees charged by a public body must be uniform for copies of the same record or document. However, members of the Tribal Council may receive copies of records or documents at no charge from public bodies when their request relates to their legislative duties. The records must be furnished at the lowest possible cost to the person requesting the records. Records must be provided in a form that is both convenient a...