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File #: 10-129    Version: 1 Name: CHEROKEE NATION MOTOR VEHICLE CODE AMENDMENT ACT OF 2010
Type: Legislative Act Status: Passed
File created: 10/12/2010 In control: TRIBAL COUNCIL
On agenda: 11/22/2010 Final action: 11/22/2010
Enactment date: 11/22/2010 Enactment #: LA-33-10
Title: AN ACT AMENDING LA 01-01, "THE CHEROKEE NATION MOTOR VEHICLE LICENSING AND TAX CODE"; AMENDING DEFINITIONS TO PROVIDE FOR REGISTRATION OF TRIBALLY OWNED MOTOR VEHICLES FOR THE DELAWARE TRIBE OF INDIANS
Sponsors: Bradley Cobb
Indexes: Delaware Tribe, Motor Vehicle
Code sections: Title 68 - Revenue and Taxation
Attachments: 1. LA-33-10.pdf
Related files: LA-01-01
Title
AN ACT AMENDING LA 01-01, "THE CHEROKEE NATION MOTOR VEHICLE LICENSING AND TAX CODE"; AMENDING DEFINITIONS TO PROVIDE FOR REGISTRATION OF TRIBALLY OWNED MOTOR VEHICLES FOR THE DELAWARE TRIBE OF INDIANS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
 
§ 1.      Title and Codification
 
      This act shall be known as the "Cherokee Nation Motor Vehicle Code Amendment Act of 2010" and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.
 
§ 2.      Purpose
 
      The purpose of this act is to amend LA 01-01, the Cherokee Nation Motor Vehicle Licensing and Tax Code, to amend a definition to provide for registration of vehicles that are owned by the Delaware Tribe of Indians and used for conducting official government business.
 
§ 3.      Legislative History
 
      Legislative Act 01-01, "The Cherokee Nation Motor Vehicles and Licensing Tax Code" of 2001, as amended by Legislative Acts 27-01, 34-01, 34-02, 04-03, 19-03, 25-04, 29-04, 03-05, 07-06, 12-06, 17-06, and 08-07.
 
 
§ 4.      Definitions
 
      For purposes of this Title:
 
F.      "Eligible Vehicle" shall mean any personal vehicle, commercial vehicle, motorcycle, recreational vehicle, farm truck, farm tractor, farm trailer or other trailer, which is owned by a tribal citizen or owned by the federally recognized Delaware Tribe of Indians for the use of conducting official government business, which is located within the Historical Boundaries of the Cherokee Nation and is principally garaged within said boundaries on lands owned, leased or occupied by the Cherokee Nation or any tribal citizen in trust, restricted or fee status. Also included are vehicles belonging to active military personnel and college students who maintain permanent residency in the 14-country jurisdiction but temporarily domicile in another location. The Commission shall determine the appropriate documentation for active military personnel or college student residency, and shall develop procedures for determining whether vehicles are owned by the federally recognized Delaware Tribe of Indians and eligible for registration and licensing.
 
§ 5      Amending § 206: License Plates.
 
Section 206: License Plates is amended to add the following subsection:
 
D. Delaware Tribe of Indians Government Vehicles.;
 
The Commission shall issue without charge appropriate titles, certificates of registration, license plates and decals for any Eligible Vehicle owned by the federally recognized Delaware Tribe of Indians, its agencies. Title to any such Vehicles shall be in the name of the Delaware Tribe of Indians and such Eligible Vehicles shall not be sold or transferred except in accordance with applicable law.
 
 
§ 5.      Provisions as cumulative
 
      The provisions of this act shall be cumulative to existing law.
 
§ 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.
 
§ 7.      Effective Date
 
      The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.
 
§ 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.