2013 Legislative Ordinances
Date2013
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2013
Description2013 Legislative Ordinances#13-01-J&PS-13-01-T12
#13-02-App-13-02-T44
#13-03-App-13-03-T40
#13-04-R&G-13-04-T23
#13-05-J&PS-13-05-T12
#13-06-J&PS-13-06-T13
#13-07-J&PS-13-07-T19
#13-08-J&PS-13-08-T12
Finding Aid13-01-J&PS-13-01-T12: An Ordinance amending the Criminal Offense and Punishment Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-01-J&PS-13-01-T12
AN ORDINANCE AMENDING THE CRIMINAL OFFENSE AND PUNISHMENT
CODE OF THE CITIZEN POTAWATOMI NATION
WHEREAS, the Tribal Law and Order Act provides the option of and outlines parameters for
enhanced sentencing for offenders being tried in Tribal Court; and
WHEREAS, the following shall be added as Section 12-0-003 of Title 12 of Tribal Code of the
Citizen Potawatomi Nation to allow for this enhanced sentencing:
Section 12-0-003 SENTENCING
(A) All the range of punishments, in Title 12 Criminal Offenses, are
amended to add an Enhanced Sentence category providing up to a
maximum 3 year sentence and/or a $15,000 fine.
(B) The current maximum sentences of 1 year and/or a $5,000 fine remain
in place and shall be routinely applied unless the Enhanced Sentence is
invoked by the Prosecutor's Office.
(C) To invoke the Enhanced Sentence, the Prosecutor's Office shall, at the
time of Arraignment, designate upon the Criminal Complaint and
announce to the Court on the record that the Prosecutor will seek
enhanced sentencing on the charge up to 3 years and/or $15,000 fine
maximum.
(D) Upon the Prosecutor's announcement that an Enhanced Sentence is
being sought, the Court will appoint a Public Defender in compliance
with the enhanced sentencing provisions of the Tribal Law & Order Act.
(E) The Designation to seek an Enhanced Sentence will automatically have
the effect of the alleged offense being considered a Tribal Felony under
this Code.
(F) All Defendants convicted under Enhanced Sentencing will have their
convictions reported to all other jurisdictions' databases, with the
designation as a Convicted Tribal Felon.
(G) All provisions of any/all other Titles, Chapters and Sections of the Citizen
Potawatomi Tribal Code not consistent with this Section will be
interpreted in a reasonable manner to bring them into conformity with
this Title, Chapter and Section by the District Court.
NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that a resolution amending Chapter 12, Criminal Offenses and Punishment, of the
Citizen Potawatomi Nation Tribal Code IS HEREBY APPROVED.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the Legislature hereby enacts the attached Title 12,
Chapter 0, Section 003, Criminal Offenses and Punishment.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the attached additions to Title 12, Criminal Offenses
and Punishment, 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.
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 #13-01-J&PS-13-01-T12, as approved on the
29th day of November, 2012, with 15 voting for, 0 opposed, 1
absent and 0 abstaining.
D. Wayne TrousdaIe
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
13-02-App-13-02-T44: An Ordinance amending the Revenue and Taxation Code of the Citizen Potawatomi Nation to provide for a Hotel Occupancy Tax.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-02-App-13-02-T44
AN ORDINANCE AMENDING THE REVENUE AND TAXATION CODE OF THE
CITIZEN POTAWATOMI NATION TO PROVIDE FOR A
HOTEL OCCUPANCY TAX.
WHEREAS, the Tribal Revenue and Taxation Act sets forth structure for the provision
of financing Tribal Government and Tribal Government operations and
services by the levy and collection of taxes; and
WHEREAS, the following shall be added as Chapter 6 of Title 44 of Tribal Code of the
Citizen Potawatomi Nation to allow for the imposition and collection of a
hotel occupancy tax:
Section 44-6-101 Definitions
(A) The term "person" is defined to mean and include any natural
individual, company, partnership, firm, joint venture, association,
corporation, estate, trust, political entity or other identifiable entity
to which this ordinance can be applied.
(B) The term "provider" is defined to mean and include any person who
in the ordinary course of business sells or rents accommodation for
the purpose of lodging.
(C) The term "hotel or motel" is defined to mean and include any
establishment that provides lodging and usually meals,
entertainment, and various personal services for the public.
(D) The term "Tax Commission" is defined to mean and include the Tax
Commission of the Citizen Potawatomi Nation (now the
Appropriations Committee of the Citizen Potawatomi Legislature).
(E) The term "sale" or "sales", and their derivatives, is defined to mean
and include all sales, barters, trades, exchanges of goods for the use
of property located at the hotel or motel.
Section 44-6-102 Tax on Sale of Occupancy
There is hereby imposed a tax upon the retail sale of all lodging services
provided at any commercial hotel, motel or similar establishment located
within the boundaries of the Citizen Potawatomi Nation on lands under
the Nation's jurisdiction. The rate of tax shall be 7.77% of the amount
paid or charged on the sale on the lodging service.
The incidence of the tax imposed above shall be on the person
purchasing the lodging services. The responsibility for collecting and
remitting the tax shall fall on the provider of the lodging service. All taxes
so collected shall be remitted to the Citizen Potawatomi Nation Tax
Commission by the end of the month following the month in which the
taxes were collected.
Section 44-6-103 Exemptions
No tax shall be imposed upon:
(A) Any tribal, federal or state officer or employee when on official
business
(B) Any officer or employee of a foreign government who is exempt by
reason of express provision of Federal law or international treaty.
(C) Persons who have the right to use or possess a hotel room for at least
30 consecutive days
(D) Nothing in this hotel occupancy tax code shall be construed as
imposing tax on the government of the Citizen Potawatomi Nation, its
agencies or any wholly-owned subdivision or economic enterprise of
the government of the Citizen Potawatomi Nation.
Section 44-6-104 Use of Taxes Collected
All hotel occupancy taxes collected pursuant to this ordinance shall be
used exclusively to promote tourism, economic development and
community partnership within the boundaries of the Citizen Potawatomi
Nation and its neighboring communities.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance establishing Chapter 6 of Title 44 of the Citizen Potawatomi
Nation Tribal Code to provide for a hotel occupancy tax IS HEREBY APPROVED.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the Legislature hereby enacts the Hotel and Occupancy
Tax, (Title 44, Chapter 6 of the Tribal Code of the Citizen Potawatomi Nation).
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
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 #13-02-App-13-02-T44, as approved on the
28th day of February, 2013, with 15 voting for, 0 opposed, 1
absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A Barrett
Tribal Chairman
13-03-App-13-03-T40: An Ordinance amending Title 40 of the Citizen Potawatomi Nation Tribal Code to provide for Business Leasing Regulation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-03-App-13-03-T40
AN ORDINANCE AMENDING TITLE 40 OF THE
CITIZEN POTAWATOMI NATION TRIBAL CODE TO PROVIDE FOR
BUSINESS LEASING REGULATION
WHEREAS, the Citizen Potawatomi Nation has the authority to issue business site
leases and establish streamlined procedures for environmental review,
approval, management and enforcement of leases; and
WHEREAS, the following shall be added as Chapter 2 of Title 40 of Tribal Code of the
Citizen Potawatomi Nation to allow for the implementation of the
Helping Expedite and Advance Tribal Homeownership Act (HEARTH Act of
2012) and the Citizen Potawatomi Nation Business Leasing Regulations
Act.
TITLE 40
CHAPTER TWO
CITIZEN POTAWATOMI NATION
BUSINESS LEASING REGULATIONS ACT OF 2012
Adopted by the Citizen Potawatomi Nation Tribal Legislature
AUTHORITY:
The Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act
of 2012), 25 U.S.C. §415, Public Law 112-151, July 30, 2012, authorizes the Citizen
Potawatomi Nation to develop regulations and issue leases without the approval of the
Secretary, provided such regulations are consistent with the Secretary's regulations.
According to the Congressional Report, the tribal regulations need not be identical to
the Secretary's but may reflect the Nation's special needs and circumstances.
The Citizen Potawatomi Nation Tribal Legislature is authorized to promulgate business
site leasing regulations for the Nation's business site leasing program. These regulations,
in the form of a tribal ordinance, satisfy the tribal statutory requirements and thus are
tribal regulations.
Subchapter 100. General Provisions
§ 101. Purpose and Applicability
A. The purposes of these regulations are to:
1. Recognize the authority of the Citizen Potawatomi Nation to issue business
site leases, and establish streamlined procedures for environmental review,
approval, management and enforcement of leases;
2. Promote self-determination, encourage economic self-sufficiency, and
increase business activity and employment on lands of the Citizen
Potawatomi Nation;
3. Implement the HEARTH Act of 2012; and
4. Implement the Citizen Potawatomi Nation Business Leasing Regulations Act.
B. The Citizen Potawatomi Nation Business Site Leasing Act mandates certain
provisions to protect and preserve Citizen Potawatomi Nation Trust Land, provisions for
trust asset accounting, provisions for record keeping, and title recording, and provisions
for modern leasing practices. Accordingly, Subchapter 400 of these regulations set forth
the business site leasing management system.
§ 102. Title
The regulations shall be referred to as the Citizen Potawatomi Nation Business Leasing
Regulations Act of 2012.
§ 103. Definitions
A. For purpose of these regulations:
1. Assignment means an agreement between a lessee and an assignee whereby
the assignee acquires all of the lessee's rights and assumes all the lessee's
obligations under a business site lease.
2. Approving Entity means the governmental entity that has statutory authority
to perform the duties and responsibilities of the Lessor on behalf of the
Citizen Potawatomi Nation, and to approve or disapprove leasing
transactions, which include but are not limited to: lease issuance, lease
amendment or modification, subleasing, lease assignment or transfer, tenant
leases and lease terminations. The Citizen Potawatomi Nation Business Site
Leasing Act of 2012 gives the Executive Committee of the Citizen Potawatomi
Nation the power to act in the capacity of the Approving Entity.
3. Best Interest of the Citizen Potawatomi Nation means the balancing
interests in attaining the highest economic income, providing incentives to
increase economic development, preserving and enhancing the value of
Citizen Potawatomi Nation Trust Land, increasing employment and jobs on
the trust lands of the Citizen Potawatomi Nation, and preserving the
sovereignty of the Citizen Potawatomi Nation.
4. Bond means a security interest providing security for the performance of a
duty or the payment of a debt. The bond can be furnished by the lessee or by
a third-party surety.
5. BIA means the Bureau of Indian Affairs, United States Department of the
Interior.
6. Business Site Lease means any lease for a business purpose issued upon
Citizen Potawatomi Nation Trust Land under the authority of 25 U.S.C. §415.
7. Change in Land Use means the change from commercial to industrial, or one
commercial or industrial to another that significantly differs from the former
use.
8. Citizen Potawatomi Nation means the Citizen Potawatomi Nation
Government.
9. Citizen Potawatomi Nation Environmental Review (CPNER) comprises all of
the documents relevant to the Environmental Review Process for a specific
Leasing Decision. The Record is maintained by the Environmental Reviewer,
and will be provided to the Approving Entity.
10. Citizen Potawatomi Nation Law means the body of law governing the land
and activities occurring within the jurisdiction of the Citizen Potawatomi
Nation.
11. Citizen Potawatomi Nation Trust Land means the surface estate of land or
any interest therein held by the United States in trust for the Citizen
Potawatomi Nation; land held by the Citizen Potawatomi Nation and subject
to federal restrictions against alienation or encumbrance, and reserved for
federal purposes; land held by the United States in trust for Citizen
Potawatomi Nation corporation chartered under the Indian Reorganization
Act.
12. Development Period means the time period from when a lease is executed
to when improvements are expected to be substantially completed.
13. Executive Committee of the Citizen Potawatomi Nation means the Tribal
Chairman, Tribal Vice-Chairman and the Tribal Treasurer granted the
statutory authority to give final approval for all business site leases subject to
confirmation by the Citizen Potawatomi Nation Tribal Legislature during the
next regularly scheduled quarterly meeting of the Tribal Legislature to take
place not less than thirty days, nor more than one hundred thirty days, after
presentation to the Legislature for confirmation.
14. Environmental Reviewer is the employee of the Citizen Potawatomi Nation
Department of Environmental Services that has the authority set forth in
§710.
15. Equity means value of a business or a property, over and above the
indebtedness against it, and includes tangible and intangible assets, including
capital stock, options, franchises, trademarks, patents, copyrights, goodwill,
contracts, facilities, infrastructure, and equipment.
16. Executing Official means the Chairman of the Citizen Potawatomi Nation, or
his designee, if properly delegated, who shall execute all business site leases
on the trust lands of the Citizen Potawatomi Nation and take all necessary
and proper action on leases and subleases including amendments,
modifications, assignments and cancellations of leases and subleases subject
to confirmation as described above.
17. Fair Annual Lease Value means the most probable dollar amount a property
should bring in a competitive and open market reflecting all conditions and
restrictions of the specified lease agreement including term, rental
adjustment and revaluation, permitted uses, use restrictions, and expense
obligations; the lessee and lessor each acting prudently and knowledgeably,
and assuming consummation of a lease contract as of a specified date and
the passing of the leasehold from lessor to lessee under conditions whereby:
a. Lessee and lessor are typically motivated;
b. Both parties are well-informed or well-advised, and acting in what
they consider their best interests;
c. A reasonable time is allowed for exposure in the open market;
d. The rent payment is made in terms of cash in United States dollars,
and is expressed as an amount per time period consistent with the
payment schedule of the lease contract; and
e. The rental amount represents the normal consideration for the
property leased unaffected by special fees or concessions granted by
anyone associated with the transaction.
Fair annual lease value may take into consideration all revenues (such as
taxes, fees and other benefits of value) which the lease is likely to generate
for the benefit of the Citizen Potawatomi Nation, including increased
business opportunities for related industries.
18. Human Environment means the connection between the people and their
environment.
19. interested party means a person whose interest is adversely impacted by the
Managing Entity's leasing decision.
20. Lease means a written agreement or contract between the Lessor and a
Lessee wherein the lessee is granted a right to possess Citizen Potawatomi
Nation Trust Land for a specific purpose and duration. A "Lease" also means
a business lease, permits and licenses granting land use privileges in Citizen
Potawatomi Nation Trust Land for business purposes. The written contract in
which the rights to use and occupy land or structures are transferred by the
owner to another for a specified period of time in return for a specified rent.
21. Leasing Decision in the context of the Environmental Review Process means
the following type of lease transactions that will be acted on by the
Approving Entity: lease issuance, lease amendment or modification,
subleasing, lease assignment or transfer and tenant leases.
22. Lessee means a person to whom property (Citizen Potawatomi Nation Trust
Land) is leased under a Lease. One who has the right to use or occupy a
property under a lease agreement, e.g., the leaseholder or tenant.
23. Lessor means the Citizen Potawatomi Nation who holds property title or the
beneficial title of land for which the title is held in trust by the United States
of America and conveys the right to use and occupy the property under a
lease agreement.
24. Managing Entity means the Chairman of the Citizen Potawatomi Nation, or
his designee, having the statutory authority to manage all business site
leases, in accordance with an approved business site leasing management
plan.
25. Mortgage means a written instrument that creates a lien upon real estate
encumbered in a business site lease as security for the payment of a specified
debt.
26. OST means the Office of Special Trustee for American Indian, U.S.
Department of the Interior.
27. Permit means a written agreement between the Citizen Potawatomi Nation
and the applicant for the permit, also referred to as a permittee, whereby
the permittee is granted a revocable use privilege to use Citizen Potawatomi
Nation Trust Land for a specified purpose.
28. Petition means a written request submitted to the Secretary, after
exhaustion of tribal remedies, for the review of an action (or inaction) of the
Citizen Potawatomi Nation that is claimed to be in violation of the approved
tribal leasing regulations. Decisions to not issue a Lease shall not be subject
to review.
29. Secretary means the Secretary of Interior, U.S. Department of Interior, or his
authorized representative.
30. Sublease means a written agreement by which the lessee grants a person a
right of possession no greater than that held by the lessee under a business
site lease, subject to the approval of the Executing Official and confirmation
of the Citizen Potawatomi Nation Legislature.
31. Surety means one who guarantees the performance of another.
§ 104. Scope
These regulations apply to all private business site leases (existing and future) approved
under the authority of 25 U.S.C. § 415, and to all actions and decisions taken in
connection with those leases. Nothing herein shall be construed to affect the terms and
conditions of existing leases.
Business site leases are mandatory for all private businesses operating from a
permanent structure or fixed location, advertising itself as being open to the public, or
collecting rent or money from vendors or other business activities, unless otherwise
provided by law. Failure to comply with this section shall be addressed pursuant to
Citizen Potawatomi Nation law.
§ 105. Effective Date
These regulations shall take effect upon approval by the Secretary or his authorized
designee.
§ 106. Approval
The Lessor may issue a business site lease or permit, which is subject to approval from
the Approving Entity and execution from the Executing Official, subject to the
confirmation of the Citizen Potawatomi Nation Tribal Legislature, so long as the lease
complies with these regulations, and is in the Best Interest of the Citizen Potawatomi
Nation.
§107. Choice of Law
All disputes over leases shall be resolved under the laws of the Citizen Potawatomi
Nation. Nothing in these regulations shall be construed to waive the Citizen Potawatomi
Nation's sovereign immunity.
§ 108. Renewal
No lease shall be approved more than 12 months prior to the commencement of the
term of the business site leases. The term of the Lease shall not exceed 25 years except
that any such lease may include an option to renew for up to two additional terms, each
of which may not exceed 25 years. The lessee shall notify the Managing Entity of the
intent to renew, at least one year before the lease is due to expire.
Subchapter 200. Obtaining a Business Site Lease
§ 201. Information
Information on obtaining business site leases shall be available from the Chairman of
the Citizen Potawatomi Nation or his designee.
§ 202. Supporting Documents
All applicants for business site leases shall submit the following documents to the
Managing Entity: (1) financial statement; (2) site survey and legal description, if
applicable; (3) environmental review; and (4) other documents as may be required by
the Citizen Potawatomi Nation.
§ 203. Records
A. The Managing Entity shall record business site leases, subleases, assignments,
amendments, encumbrances, renewals, modifications and cancellations with the:
United States Department of Interior
Bureau of Indian Affairs
Southern Plains Regional Office
Land Title and Records Office
B. The Managing Entity is responsible for disseminating recorded lease documents
as follows:
1. Citizen Potawatomi Nation Executive Committee
2. Citizen Potawatomi Nation Tribal Legislature
3. Citizen Potawatomi Nation Office of Real Estate Services
4. Citizen Potawatomi Nation Accounting Department
5. The Lessee
C. A copy of these leases and all amendments and renewals shall also be sent for
information only to the Secretary of the Interior, Bureau of Indian Affairs, Southern
Plains Regional Office, and the Agency Real Estate Services Office pursuant to 25 U.S.C. §
415.
§ 204. Ownership of Records
Records of activities taken pursuant to these regulations are the property of the United
States and the Lessor. Records compiled, developed or received by Lessor in the course
of business with the secretary, are the Property of the Lessor. As business leases and
the information upon which lease rates are determined by necessity contain proprietary
and commercial information, federal Freedom of Information Act disclosures shall be
limited to only that which is necessary to comply with federal law.
Subchapter 300. Business Site Lease Requirements
§ 301. Terms and Conditions
Leases shall be governed by the standard terms and conditions set forth in Part II of the
Citizen Potawatomi Nation Business Site Lease form, or equivalent document. The
standard terms and conditions may be modified only with the approval of the Executive
Committee of the Citizen Potawatomi Nation. The Lessee is responsible for
understanding these terms and conditions.
§ 302. Land Descriptions
Business site leases shall contain adequate site surveys and legal descriptions based on
metes and bounds, rectangular or lot and block systems or other means developed by
the Citizen Potawatomi Nation Department of Real Estate Services which clearly
indicates the parcel of land being leased, its size and location, as approved by the Citizen
Potawatomi Nation Tribal Legislature.
§ 303. Appraisal, Local Studies
A. The fair annual lease value shall be determined by an appraisal or equivalent
procedure performed by the Managing Entity utilizing the following data: improvement
cost, replacement cost, earning capacity, sales and lease data of comparable sites. An
appraisal log reporting the methods of appraisal and value of trust land shall be
attached to every business site lease. Lease provisions regarding land use restrictions
and non-competition agreements may be considered in assessing the fair annual lease
value.
B. Alternatively, the fair annual lease value shall be determined by an appraisal
performed by a licensed appraiser utilizing the Uniform Standards of Professional
Appraisal Practice or commonly accepted method of appraisal. An appraisal log
describing the method of appraisal and value of trust and shall be attached to every
business site lease.
§ 304. Environmental Review Process
The Approving Entity shall not approve a business site lease until the proposed business
site lease has completed the CPNER Process. Leases approved and executed without
compliance with this section shall be null and void.
§ 305. Fair Annual Lease Value
A. No lease shall be approved for less than the present fair annual lease value as set
forth in the appraisal, except as follows:
1. The lease is in the development period;
2. The Managing Entity is providing an incentive for business to locate on the
Citizen Potawatomi Nation, and must provide lease concessions, lease
improvement credits, and lease abatements to attract such businesses; or
3. The Managing Entity determines such action is in the Best Interest of the
Citizen Potawatomi Nation; and
4. The Citizen Potawatomi Nation Tribal Legislature is notified, in writing, of the
discrepancy between the Fair Annual Lease Value and the actual annual lease
amount along with a written justification for said discrepancy at the time of
submission to the Tribal Legislature for confirmation of the lease.
B. A lease may be structured at a flat lease rate.
C. A lease may be structured at a flat lease rate plus a percentage of gross receipts,
if the lessee is a business located in a shopping center, mall or area set aside for
business.
D. A lease may be structured based on a percentage of gross receipts or other
market indicator.
E. The lease shall provide for periodic review at least every five years. Such review
shall give consideration to the economic conditions, exclusive of improvement or
development required by the contract or the contribution value of such improvements.
F. Leases for terms of less than five years may be structured to allow for lease rate
adjustments. The lease shall specify how adjustments will be made, who will make such
adjustments, when adjustments will go into effect, and how disputes shall be resolved.
G. Leases may be amended to allow for lease rate adjustments.
H. Leases may contain reasonable limitations on the adjustments of variable lease
rates, provided those limitations are clear and unambiguous in the lease documents
submitted to the Tribal Legislature for confirmation of the Lease.
I. Leases may provide reimbursement or other protection from adverse
governmental actions that may be taken by the Citizen Potawatomi Nation.
J. The Managing Entity shall keep written records of the basis used in determining
the fair annual lease value, as well as the basis for adjustments. These records shall be
presented to the lessee for its review and acceptance or non-acceptance and included in
any lease file.
§ 306. Bond
A. The lessee shall obtain a satisfactory surety bond in an amount that reasonably
assures performance on the lease. Such bond shall be for the purpose of guaranteeing:
1. The annual lease payment;
2. The estimated development cost of improvements; and
3. Any additional amount necessary to ensure compliance with the lease,
applicable environmental standards, and the general protection of the
health, safety and welfare of the Citizen Potawatomi Nation.
B. The Managing Entity may waive the bond requirement, or reduce the amount, if
doing so is in the Best Interest of the Citizen Potawatomi Nation. The Managing Entity
shall maintain written records of waivers and reductions.
§307. Insurance
The lessee shall secure insurance from a nationally accredited insurance company with a
financial strength rating of "A" or equivalent approved by the Managing Entity. It shall
cover property business interruption, liability and casualty. The amount shall be
sufficient to cover the improvements, personal injury or death, and reasonably
foreseeable liabilities of the lessees, the Citizen Potawatomi Nation, and the United
States. The insurance shall expressly identify the Lessor, the Citizen Potawatomi Nation,
and the United States as the insured parties.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance establishing Chapter 2 of Title 40 of the Citizen Potawatomi
Nation Tribal Code to provide for business leasing regulation IS HEREBY APPROVED.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the Legislature hereby enacts the Business Leasing
Regulations Act (Title 40, Chapter 2 of the Tribal Code of the Citizen Potawatomi
Nation).
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
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 #13-03-App-13-03-T40, as approved on the
28th day of February, 2013, with 15 voting for, 0 opposed, 1
absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
13-04-R&G-13-04-T23: An Ordinance amending the Gaming Ordinance of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-04-R&G-13-04-T23
AN ORDINANCE AMENDING THE GAMING ORDINANCE OF THE
CITIZEN POTAWATOMI NATION.
WHEREAS, the Gaming Ordinance of the Citizen Potawatomi Nation requires periodic updates in order
to remain responsive to current needs and industry standards;
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that an
ordinance amending Title 23, Chapter 3 (Gaming Ordinance) of the Citizen Potawatomi Nation Tribal Code as attached IS HEREBY APPROVED.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that
the Gaming Ordinance of the Citizen Potawatomi Nation is hereby amended.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
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 #13-04-R&G-13-04-T23, as approved on the 30th day of May, 2013, with
14 voting for, 0 opposed, 2 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
13-05-J&PS-13-05-T12: An Ordinance amending Title 12, Criminal Offenses, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-05-J&PS-13-05-T12
AN ORDINANCE AMENDING TITLE 12, CRIMINAL OFFENSES, OF THE
TRIBAL CODE OF THE CITIZEN POTAWATOMI NATION.
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from time to
time in order to remain responsive to current needs;
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that Title 12 (Criminal Offenses) of the Tribal Code of the Citizen Potawatomi
Nation is hereby amended as follows:
the following shall be added to Section 12-1-104 of Title 12 of Tribal Code
of the Citizen Potawatomi Nation to expand the definition of Criminal
Mischief:
Section 12-1-104 Criminal Mischief
(A) It is unlawful to willfully, intentionally, recklessly or knowingly:
1. Damage or destroy any property with the intent to defraud an
insurer, or;
2. Tamper with the property of another so as to carelessly endanger
the safety of another, or carelessly cause any damage to any property or
utility service, or;
3. Damage, destroy, maim, or deface any domestic animal, or;
4. Purposely, willfully, intentionally or recklessly throw, drop, shoot or
otherwise propel a missile or other object at, upon or against a motor
vehicle, airplanes, boat, locomotive or train while in operation.
5. deface, damage or tamper with property of another, whether public
or private.
(B) Section 12-1-104 is punishable by fine up to Five Thousand Dollars
($5,000.00) or imprisonment up to One (1) year, or both.
(C) If the Property value exceeds One Thousand Dollars ($1,000.00),
banishment up to Ten (10) years may be additionally imposed.
the following shall be added as Section 12-1-105 of Title 12 of the Tribal Code
of the Citizen Potawatomi Nation:
Section 12-1-105 Computer Hacking, Fraud and Abuse
(A.) It shall be unlawful to:
1. Knowingly exceed the limits of authorization and damage, modify, alter,
destroy, copy, delete, disclose or take possession of a computer,
computer system, computer network or any other property.
2. Knowingly and without authorization, gain or attempt to gain access to
a computer, computer system, computer network or any other
property.
3. Knowingly and without authorization disrupt or cause the disruption of
computer services or deny or cause the denial of access or other
computer services to an authorized user of a computer, computer
system or computer network.
4. Knowingly or recklessly cause the transmission of a program,
information, code or command, and as a result of such conduct,
intentionally cause damage without authorization, to a protected
computer.
5. Knowingly exceed the limits of authorization and damage, modify, alter,
destroy, copy, delete, disclose or take possession of a computer,
computer system, computer network or any other property.
(B.) Violation of this Section is punishable by a fine of up to Five Thousand
Dollars ($5,000.00) or imprisonment up to One (1) year, or both
(C.) Any person, Tribal entity or corporation who suffers damage or loss by
reason of a violation of this section of the Tribal Code, may maintain a civil
action against the violator(s) to obtain compensatory damages nd injunctive
relief or other equitable relief in accordance with the Tribal Code's rules of
Civil Procedure.
the following shall be added to Section 12-1-120 of Title 12 of the Tribal Code
of the Citizen Potawatomi Nation:
Section 12-1-120 Theft (used to read "Larceny")
(A) It is unlawful to take or carry away any tangible or intangible personal
property by fraud or steal with the intent to deprive the owners thereof.
(B) If any person comes into the possession as bailee of a Citizen Potawatomi
Nation Tribal tag issued by the Citizen Potawatomi Nation Tag Agency
(bailor), and fails to return said Citizen Potawatomi Nation Tribal tag to the
Citizen Potawatomi Nation Tag Agency, in accordance with the bailment
agreement, they shall be deemed guilty of theft of a Citizen Potawatomi
Nation Tribal tag.
(C) Section 12-1-120 is punishable by fine up to Five Thousand Dollars
($5,000.00), or imprisonment up to One (1) year, or both.
(D) If the property value exceeds One Thousand Dollars, ($1,000.00),
banishment up to Ten (10) years may additionally be imposed.
the following shall be added to Section 12-2-102 of Title 12 of Tribal Code of the
Citizen Potawatomi Nation to expand the definition of Assault in the Second
Degree:
Section 12-2-102 Assault In The Second Degree
(A) It is unlawful to wrongfully, purposely, knowingly or recklessly:
(1) Attempt or cause injury; or
(2) Negligently cause injury with a weapon; or
(3) Attempt by show of force or violence to put in fear of imminent injury
whether or not harm actually occurs.
(4) Commit any assault or battery upon the person of a sports official,
referee, umpire, coach or any person having authority in connection
with any amateur or professional athletic contest.
(5) Cause unjustifiable harassment which disrupts the flow of an athletic
contest upon a sports official, referee, umpire, coach or any person
having authority in connection with any amateur or professional athletic
contest.
(B) Section 12-2-102 is punishable by fine up to One Thousand Dollars ($1,000.00),
or imprisonment up to One (1) year, or both.
the following shall be added as Section 12-5-110 of Title 12 of the Tribal Code
of the Citizen Potawatomi Nation:
Section 12-5-110 Terroristic Threats
(A.) It is unlawful to knowingly, willfully or recklessly threaten to commit any
crime of violence with the purpose to terrorize another or cause evacuation
of a building, place of assembly or facility of public transportation, or
otherwise to cause serious public inconvenience or in reckless disregard of
the risk of causing such terror or inconvenience.
(B.) Violation of this Section is punishable by fine up to Five Thousand Dollars
($5,000.00), or imprisonment up to One (1) year, or both.
the following shall be added as Section 12-5-135 of Title 12 of the Tribal Code
of the Citizen Potawatomi Nation:
Section 12-5-135 Minor in Possession of Intoxicating Beverage
(A.) It shall be unlawful for any person under the age of twenty-one (21) years
of age to be in possession of any intoxicating beverage containing at least
three and two-tenths percent (3.2%) or more by weight while such person is
upon any public street, road or highway; or in any public building, Tribal
place of business or public place; or in any parking lot or other area exposed
to public view or to which the public is invited.
(B.) Violation of this Section is punishable by a fine up to One Thousand Dollars
($1,000.00) or imprisonment up to Three (3) months, or both, if over the
age of eighteen (18) years. If the Minor is under the age of eighteen (18)
years, by a fine up to One Thousand Dollars ($1,000.00) and Juvenile
Detention up to three (3) months, or both.
the following shall be added as Section 12-5-153 of Title 12 of the Tribal Code
of the Citizen Potawatomi Nation:
Section 12-5-153 Animals at Large
(A.) No owner, keeper or other person in control shall permit any animal,
harbored or kept by him, to be at large. It is unlawful for any such animal to
be at large at any time with the Citizen Potawatomi Nation, with the
exception of rural residences that are exempt from this Section.
(B.) Violation of this Section is punishable by a fine up to Five Hundred Dollars
($500.00)
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance amending Chapter 12, Criminal Offenses and Punishment, 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.
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 #13-05-R&G-13-05-T12, as approved on the 30th day of May, 2013,
with 14 voting for, 0 opposed, 2 absent and 0 abstaining.
D. Wayne TrousdaIe
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
13-06-J&PS-13-06-T13: An Ordinance amending Title 13, Domestic Relations and Support, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-06-J&PS-13-06-T13
AN ORDINANCE AMENDING TITLE 13, DOMESTIC RELATIONS AND SUPPORT, OF THE
TRIBAL CODE OF THE CITIZEN POTAWATOMI NATION.
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from
time to time in order to remain responsive to current needs;
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that Title 13 (Domestic Relations and Support) is hereby
amended as follows:
Section 13-1-115 Change of Name
(A) The District Court of the Citizen Potawatomi Nation shall have the
authority to change the name of any person upon petition of such person or
upon the petition of the parents, guardian or next of friend of any minor, if at
least one party is Native American or a Tribal Employee and is within the
jurisdiction of the District Court.
(B) The individual(s) petitioning the Court for change of name shall publish
notice in a newspaper according to the rules of Civil Procedure in the Tribal
Code of the Citizen Potawatomi Nation.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that an Ordinance amending Title 13, Domestic Relations and
Support, 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.
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 #13-06-R&G-13-06-T13, as approved on the 30th day of May, 2013, with
14 voting for, 0 opposed, 2 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
13-07-J&PS-13-07-T19: An Ordinance amending Title 19, Traffic Offenses, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-07-J&PS-13-07-T19
AN ORDINANCE AMENDING TITLE 19, TRAFFIC OFFENSES, OF THE TRIBAL CODE OF THE CITIZEN
POTAWATOMI NATION.
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from time to time in
order to remain responsive to current needs;
NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITTIZEN [as shown on physical]
POTAWATOMI NATION that Title 19 of the Tribal Code of the Citizen Potawatomi
Nation (Traffic Offenses) is hereby amended as follows:
the following shall be added to Section 19-1-126 to expand the definition of
illegal parking.
Section 19-1-126 Illegal Parking
(C) It is unlawful to stop, park, or leave a vehicle except when necessary to avoid collision or
with the directions of an officer or traffic control sign, in any of the following places:
(1) A sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within twenty-five feet of a fire hydrant;
(5) On a crosswalk;
(6) In a designated handicap or accessible parking space unless the vehicle has
authorized license plates, hangtags or placards issued to the driver or passenger by any
Indian Tribal Tag Agency, State Department of Public Safety or State Tag Agency
permitting the driver or passenger of the vehicle to park their vehicle in a designated
handicap or accessible parking space.
(D) Section 19-1-126 is punishable by fine up to Two Hundred Fifty Dollars ($250.00).
the following shall be added as Section 19-1-127 of Title 19 of the Tribal Code
of the Citizen Potawatomi Nation (Traffic Offenses)
Section 19-1-127 Motor Vehicle Restraints
(A) The operator of a motor vehicle operated on a public roadway shall:
(1) Wear a properly adjusted and fastened safety belt.
(2) Provide for the protection of each person eight (8) years of age up to sixteen (16) years
of age by securing or causing to be secured a properly adjusted and fastened safety
belt on each person.
(3) When transporting a child eight (8) years of age or younger, in a non-commercial motor
vehicle operated on any public roadway, properly secure the child in a child passenger
restraint system. The restraint system shall meet Federal Motor Vehicle Safety
Standards.
(B) Violation of this Section is punishable by a fine of up to Two Hundred and
Fifty Dollars ($250.00).
the following shall be added as Section 19-1-128 of Title 19 of the Tribal Code of the
Citizen Potawatomi Nation (Traffic Offenses):
Section 19-1-128 Insurance
(A) it is unlawful to drive any motor vehicle upon any roadway without proper insurance as
required by any State or Tribal law.
(B) It is unlawful to refuse or fail to produce for inspection, a current and valid insurance
security verification form upon the request of Citizen Potawatomi Nation law Enforcement
Officers or any peace officer.
(C) Violation of this Section is punishable by a fine up to Two Hundred and Fifty Dollars
($250.00).
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an Ordinance amending Title 19, Traffic Offenses, 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.
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
#13-07-R&G-13-07-T19, as approved on the 30th day of May, 2013, with 14 voting
for, 0 opposed, 2 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
13-08-J&PS-13-08-T12: An Ordinance amending the Criminal Sexual Crimes Registration Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #13-08-J&PS-13-08-T12
AN ORDINANCE AMENDING THE CRIMINAL SEXUAL CRIMES
REGISTRATION CODE OF THE CITIZEN POTAWATOMI NATION
WHEREAS, the Citizen Potawatomi Nation has chosen to participate in the
Offender Registry and enacted Potawatomi Ordinance #11-02 in
response to Congress enacting the Adam Walsh Act as outlined in Section
127 of Public law 109-248; and
WHEREAS, tribal participation in the National Sex Offender Registry precludes an
intrusion of state criminal jurisdiction on tribal lands; and
WHEREAS, the United States Department of Justice, Office of Justice Programs,
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering
and Tracking requires changes to the Citizen Potawatomi Nation
Criminal Sexual Crimes Registration Code to comply with the
Department of Justice rules and regulations as presently constituted;
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the Citizen Potawatomi Nation Criminal Sexual Crimes
Registration Code is hereby amended as follows:
Section 12-2-189 is amended by adding paragraph G as follows:
G. The Citizen Potawatomi Nation shall submit all information to the Federal
Bureau of Investigation's National Sex Offender Registry in a manner conforming to the
requirements of the National Sex Offender Registration and Notification Act of 2007.
Section 12-2-193 is amended by adding paragraph D as follows:
D. International Travel Abroad: All sex offenders must inform the Citizen
Potawatomi Nation Sex Offender Registry Office twenty-one (21) days in advance if they
intend to travel outside of the United States. The registering office must immediately
notify the United States Marshals' Service and any other jurisdiction where the sex
offender is either registered or is required to register, of that updated information, and
immediately update NCIC/NSOR.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that an Ordinance amending Title 12, Criminal Offenses,
of the Tribal Code of the Citizen Potawatomi Nation IS HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
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 #13-08-J&PS-13-08-T12, as approved on the
30th day of May, 2013, with 14 voting for, 0 opposed, 2
absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman