2019 Legislative Ordinances
Date2019
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2019
Description2019 Legislative Ordinances#19-02-J&PS-OR-T47
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Finding Aid19-02-J&PS-OR-T47: An Ordinance amending Title 47, Transportation, Chapter 1 of the Citizen Potawatomi Nation Tribal Code.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #19-02-J&PS-OR-T47
AN ORDINANCE AMENDING TITLE 47, TRANSPORTATION, CHAPTER 1 OF THE
CITIZEN POTAWATOMI NATION TRIBAL CODE.
WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with
Constitutional authority under Act of June 18, 1934 and the Oklahoma Indian Welfare Act
of June 26, 1936, (49 Stat. 1967); and
WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition,
derived from a history of organized self-government since time immemorial, and
recognized by treaties with the United States and in the Constitution of the United States;
and
WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation
of powers of the Tribal government by the reservation and delegation of specific powers
to other entities of the Tribal government; and, except for these specific limitations, all
other general powers of government are embodied in the Legislature's authority "to enact
legislation, transact business, and otherwise speak and act on behalf of the Citizen
Potawatomi Nation in all matters on which the Nation is empowered to act now or in the
future;" and
WHEREAS, the Legislature of the Citizen Potawatomi Nation has an inherent interest in
providing for the health, safety and welfare of the members of the Nation and
WHEREAS, the creation and amendment of the following regulations governing the
registration of motor vehicles of members of the Citizen Potawatomi Nation will
serve these aims;
NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION
that Title 47, Chapter 1, Sections 102, 103, 106, 107, 108, 111 and 113 of the Tribal Code of the
Citizen Potawatomi Nation be amended to read as follows:
Ord.19-02-JPS-Or-T47
CPN Code Section 47-1-102 is amended to read as follows:
Section 47-1-102 Definitions
(A) "Actual Retail Purchase Price" means the actual sale price before any
discounts, credits for trade-ins, or imposition of sales taxes.
(B) "Administrative Fees" means any costs associated with handling the
registration, title or other documents for individuals, businesses or other
organizations.
(C) "All-Terrain Vehicle" means any motorized, off-highway vehicle designed to
travel on 3 or 4 wheels, having a seat designed to be straddled by the operator
and handlebars for steering control, but does not include a prototype of a
motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-
terrain vehicle that is intended exclusively for research and development
purposes unless the vehicle is offered for sale.
(C)(D) "Farm Truck" means any pickup truck or truck tractor owned and
operated by one or more farmers primarily for farm use, provided a farm tractor,
farm combine, and similar self-propelled implements of husbandry (not including
trucks) used exclusively for farm purposes will not be considered a farm truck or
motor vehicle.
(D)(E) "Motor Vehicle" means any wheeled conveyance for carrying persons or
property capable of being propelled under its own power through the use of an
internal combustion engine of greater than fifty cubic centimeters displacement.
(E)(F) "Motorcycle" or "Motorized Bicycle" means any motor vehicle having
either two or three wheels.
(F)(G) "Passenger Automobile" means any motor vehicle of the car, station
wagon, van, pickup or similar type constructed and not having a payload capacity
of more than one ton.
(G)(H) "Recreational Vehicle" means any self-propelled or towed vehicle that is
equipped to serve as temporary living quarters for recreational, camping or
travel purposes and is used solely as a family or personal convenience.
(H)(I) "Trailer" means any vehicle that does not have the means of propelling
itself and is designed to be towed behind a Motor Vehicle.
(I)(J) "Vehicle" means every motor vehicle, farm truck, motorcycle, motorized
bicycle, manufactured home, recreational vehicle, trailer, and boat.
CPN Code Section 47-1-103 is amended to read as follows:
Section 47-1-103 Application
(A) Enrolled Citizen Potawatomi Tribal members residing in the State of
Oklahoma shall have the option of maintaining the registration of their vehicles
with the Citizen Potawatomi Nation or the State of Oklahoma.
(B) No tag will issue unless at least one (1) person on the title is a Citizen
Potawatomi Tribal member. Effective as of May 30, 2019, any additional
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Ord.19-02-JPS-Or-T47
person(s) the title must be a family member of the Citizen Potawatomi Tribal
member in one of the following relationships: spouse, parent/guardian, child,
grandparent, or grandchild.
(C) Citizen Potawatomi Tribal members are limited to seven (7) motor vehicle
tags under the ordinary registration process. In order to obtain eight (8) or more
motor vehicle tags, the Tag Agency may require the Tribal member to make a
more detailed showing of the necessity of the issuance of the additional tag(s)
and the veracity of the asserted familial relationship between a Tribal member
and any non-tribal member co-title holder.
(D) Upon the transfer of title or taking out of service of any motor vehicle
registered with the Citizen Potawatomi Nation, the transferor(s)/title holder(s)
are required to return the Citizen Potawatomi Nation tag to the Tag Agency.
Should the transferee(s) be eligible for a Citizen Potawatomi Nation tag, the Tag
Agency will issue a new tag to the transferee(s). No new tag will issue to a
transferor/title holder until the tag is returned, according to this subsection.
(E) The title and tag eligibility provisions of this Title are cumulative.
(F) Any person who disagrees with the Tag Agency's determination to decline to
issue a tag or to add a person to a title, and if such person can demonstrate
actual, personal, direct and redressable injury or harm by the determination of
the Tag Agency, such person may challenge the determination in the Citizen
Potawatomi Nation District Court according to the procedures of Title 9 of the
Citizen Potawatomi Nation Code. Such an action may be for declaratory relief
only and the complainant may not be awarded damages, sanctions, attorney
fees, expenses, costs, or any other form of monetary relief against the Citizen
Potawatomi Nation.
CPN Code Section 47-1-106 is amended to read as follows:
Section 47-1-106 Fee Imposed on Recreational Vehicles and All-Terrain Vehicles.
For those persons who exercise the option of registration of a recreational
vehicle or an all-terrain vehicle with the Citizen Potawatomi Nation, there is
hereby levied an annual registration fee as set forth in the fee schedule in the
Tag Agency.
CPN Code Section 47-1-107 is amended to read as follows:
Section 47-1-107 Fee Imposed on Trailers.
For those persons who exercise the option of registration of a trailer with the
Citizen Potawatomi Nation, there is hereby levied an annual registration fee as
set forth in the fee schedule in the Tag Agency.
CPN Code Section 47-1-108 is amended to read as follows:
Section 47-1-108 Fee Imposed on Commercial Vehicles.
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Ord.19-02-JPS-Or-T47
For those persons who exercise the option of registration of a commercial
vehicle with the Citizen Potawatomi Nation, there is hereby levied an annual
registration fee as set forth in the fee schedule in the Tag Agency.
CPN Code Section 47-1-111 is amended to read as follows:
Section 47-1-111 Certificates of Title
(A) Prior to the initial registration of the vehicle, the owner shall apply to the
Tag Agency, on such form as the Agency shall by rule direct, for a Certificate of
Title for said vehicle. Prior to issuance of a Certificate of Title for said vehicle, the
Tag Agency shall require the applicant to furnish proof of purchase from a bona
fide new or used dealer, or a bona fide document (Bill of Sale) from a previous
owner, and a properly endorsed vehicle Certificate of Title issued by this or some
other jurisdiction. A notice of lien against said vehicle shall be placed upon said
Certificate of Title upon request of the lending institution.
(B) In order to add person(s) to the title of any motor vehicle which is
subject to lien, the requestor must provide written authorization from the
lienholder for the addition of any person(s) to the title.
CPN Code Section 47-1-113 is amended to read as follows:
Section 47-1-113 Original Transfer and Duplicate Certificate of Title
(A) A Certificate of Title shall be labeled or otherwise identified as follows:
(1) An "Original Title" shall be issued to the first purchaser of a vehicle from a
new vehicle dealer.
(2) A "Transfer Title" shall be the title issued to a second or a subsequent owner
of a vehicle, whether purchased from an individual or a dealer.
(3) A "Duplicate Title" shall be the title issued to the owner of record to replace a
lost, stolen or mutilated original or transfer title. Duplicate titles shall be issued
by the Tag Agency according to such rules concerning proof of ownership as the
Tag Agency shall prescribe. A single requestor is limited to the issuance of two (2)
duplicate titles to a single motor vehicle.
(B) Each Certificate of Title shall bear a number composed of numbers, letters, or
a combination thereof, and no two Certificates of Titles shall be the same.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION
that an Ordinance amending Title 47, Chapter 1, Sections 102, 103, 106, 107, 108, 111 and 113 of
the Citizen Potawatomi Nation Tribal Code IS HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
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Ord 19-02-JPS-Or-T47
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned hereby
certifies that the above and foregoing ordinance is a true and correct copy of Ordinance
#19-02-J&PS-OR-T47, as approved on the 30th day of May, 2019, with 14 voting for, 0
opposed, 2 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
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