2014 Legislative Ordinances
Date2014
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2014
Description2014 Legislative Ordinances#14-01-App-14-01-T40
#14-02-J&PS-14-02-T12
#14-03-J&PS-14-03-T13
#14-04-R&G-14-04-T23
#14-05-J&PS-14-05-T23
#14-06-App-14-06-T44
Collections
Finding Aid14-01-App-01-T40: An Ordinance amending Title 40, Business Leasing Regulations, of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #14-01-App-14-01-T40
AN ORDINANCE AMENDING TITLE 40, BUSINESS LEASING REGULATIONS, OF
THE CITIZEN POTAWATOMI NATION TRIBAL CODE
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
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that Title 40 (Business Leasing Regulations) of the Tribal Code of the Citizen
Potawatomi Nation is hereby amended as shown in Attachment A.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance amending Chapter 40, Business Leasing Regulations, 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 #14-01-App-14-01-T40, as approved on the 1st day of July, 2013, with 16
voting for, 0 opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
14-02-J&PS-14-02-T12: An ordinance amending Title 12, Chapter 1, Section 121, Shoplifting, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #14-02-J&PS-14-02-T12
AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, SECTION 121,
SHOPLIFTING, 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 (Shoplifting) of the Tribal Code of the Citizen Potawatomi
Nation is hereby amended as follows:
the following shall be added as Section 12-1-121 of Title 12 of Tribal Code
of the Citizen Potawatomi Nation to clarify the definition of shoplifting
Section 12-1-121 Shoplifting
(A) It is unlawful for any person to wrongfully take merchandise any means,
including, but not limited to, concealment or attempted concealment in
any manner, either on or off the place of business of the merchant with
a purpose to deprive the merchant of merchandise or to avoid payment
of merchandise.
(B) Wrongful taking of merchandise, as used in this section, is defined as
the taking of merchandise that has not been purchased from a
merchant's place of business without the permission of the merchant,
employee(s) or agent(s).
(C) A person who knowingly conceals un-purchased merchandise on his or
her person, or concealed in any manner, that is offered for sale by any
store or business establishment, gives rise to a presumption that the
person took the merchandise with the purpose of depriving the
merchant or another individual having an interest in the merchandise.
(D) A person engaging in conduct giving rise to a presumption under Section
12-1-121(C) of the Tribal Codes of the Citizen Potawatomi Nation may
be detained in a reasonable manner for a reasonable length of time by a
law enforcement officer, merchant or merchant's employee in order
that recovery of merchandise may be effected.
(E) The detention by law enforcement officer, merchant or merchant's
employee does not render the law enforcement officer, merchant or
merchant's employee criminally or civilly liable for false arrest, false
imprisonment or unlawful detention.
(F) Any detention under this provision shall be made only in a reasonable
manner and only for a reasonable period of time sufficient for any
inquiry into the circumstances for the recovery of said merchandise.
(G) This section shall be punishable by fine up to three thousand dollars
($3,000), or imprisonment up to one (1) year. Or both.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance amending Title 12, Shoplifting, 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 #14-02-R&G-14-02-T12, as approved on the 22nd day of May, 2014,
with 14 voting for, 0 opposed, 2 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
14-03-J&PS-14-03-T13: An Ordinance amending Title 13, Chapter 1, Section 101, Family Relations, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #14-03-J&PS-14-03-T13
AN ORDINANCE AMENDING TITLE 13, CHAPTER 1, SECTION 101,
FAMILY RELATIONS, 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) of the Tribal Code of the Citizen
Potawatomi Nation is hereby amended as follows:
Section 13-1-101 Tribal Custom Marriage and Divorce
D) Marriage in the Tribal Custom of the Citizen Potawatomi Nation shall consist
only of the union of one man and one woman. Nothing in the tribal code of the
Citizen Potawatomi Nation or any other provision of tribal law shall be
construed to require that marital status or the legal incidents thereof be
conferred upon unmarried couples or groups (delete and replace with) except
by statute and action of the Tribal Court upon unmarried couples or groups.
(E) A marriage between persons of the same gender performed in another
jurisdiction shall not be recognized as valid and binding in the Citizen
Potawatomi Nation as of the date of the marriage. (Delete in entirety).
Section 13-1-106 Marriage Defined
Marriage is an institution recognized by legal authorities whereby a man and a
woman (delete and replace with) two people join themselves into a special kind
of social and legal depend3ence [as shown on physical] for the purpose of founding and maintaining a
family. The marriage relation (insert) and contract shall only be entered into,
maintained or abrogated as provided by law.
Section 13-1-107 Who May Marry
Any unmarried person of the age of eighteen (18) years or older is capable of
contracting and consenting to marriage with a person of the opposite sex
(delete and replace with) another person unless disqualified by consanguinity
as hereafter defined.
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 #14-03-R&G-14-03-T13, as approved on the 22nd day of May, 2014,
with voting for, opposed , absent and abstaining. [all vote # missing on physical]
[missing signature]
D. Wayne Trousdale
Secretary-Treasurer
[missing]
Approved
Disapproved
[missing signature]
John A. Barrett
Tribal Chairman
14-04-R&G-14-04-T23: An Ordinance amdending the Gaming Ordinance of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #14-04-R&G-14-04-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 #14-04-R&G-14-04-T23, as approved on the 22nd day of May, 2014, with
13 votes for, 0 opposed, 3 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
14-06-App-14-06-T44: An Ordinance regulating the use of Tribal Resources in the preparation of city and state sales tax reports.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #14-06-App-14-06-T44
AN ORDINANCE REGULATING THE USE OF TRIBAL RESOURCES
IN THE PREPARATION OF CITY AND STATE SALES TAX REPORTS
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of North
American Indians reorganized pursuant to the Oklahoma Indian Welfare Act of June 26,
1936, with a history of self-government that begins long before the creation of the
United States of America and the State of Oklahoma; and
WHEREAS, the federal government of the United States of America has recognized the
Citizen Potawatomi Nation as a dependent sovereign with the powers and authority to
govern its resources, as well as the activities that take place on its trust lands, in a
manner consistent with federal law and regulation;
WHEREAS, the HEARTH Act of 2012 was enacted by the Congress of the United States
and signed into law by the President of the United States;
WHEREAS, the Secretary of the Interior has promulgated regulations pursuant to the
HEARTH Act of 2012 and related statutes concerning business activities; and
WHEREAS, the Department of the Interior, Bureau of Indian Affairs, in revising and
updating 25 CFR Part 162 has declared:
"The Federal statutes and regulations governing leasing on Indian lands (as well
as related statutes and regulations concerning business activities, including
leases, by Indian traders) occupy and preempt the field of Indian leasing. The
Federal statutory scheme for Indian leasing is comprehensive, and accordingly
precludes State taxation. In addition, the Federal regulatory scheme is pervasive
and leaves no room for State law."
WHEREAS, the Department of the Interior, Bureau of Indian Affairs, in revising and
updating 25 CFR Part 162 has also declared:
"The purposes of ... business ... leasing on Indian land are to promote ... and to
allow Indian landowners to use their land profitably for economic development,
ultimately contributing to tribal well-being and self-government.
The legislative history of section 415 demonstrates that Congress intended to
maximize income to Indian landowners and encourage all types of economic
development on Indian lands. See Sen. Rpt. No. 84-375 at 2 (May 24, 1955).
Assessment of State and local taxes would obstruct Federal policies supporting
tribal economic development, self-determination, and strong tribal governments.
State and local taxation also threatens substantial tribal interests in effective
tribal government, economic self-sufficiency, and territorial autonomy."
WHEREAS, the Department of the Interior, Bureau of Indian Affairs, in revising and
updating 25 CFR Part 162 has further declared:
"Another important aspect of tribal sovereignty and self-governance is taxation.
. . . The Supreme Court has recognized that "[t]he power to tax is an essential
attribute of Indian sovereignty because it is a necessary instrument of self-
government and territorial management." ... State and local taxation of ...
improvements, activities conducted by the lessee, and the leasehold interest also
has the potential to increase project costs ... Increased project costs can impede a
tribe's ability to attract non-Indian investment to Indian lands where such
investment and participation are critical to the vitality of tribal economies. An
increase in project costs is especially damaging to economic development on
Indian lands given the difficulty Indian tribes and individuals face in securing
access to capital....
Accordingly, the very possibility of an additional State or local tax has a chilling
effect on potential lessees as well as the tribe that as a result might refrain from
exercising its own sovereign right to impose a tribal tax to support its
infrastructure needs. Such dual taxation can make some projects less
economically attractive, further discouraging development in Indian country....
162.017(a). Subject only to applicable Federal law, permanent improvements on
trust or restricted land are not taxable by States or localities, regardless of who
owns the improvements.... State and local taxation of improvements undermine
Federal and tribal regulation of improvements.
162.017(b). Subject only to applicable Federal law, activities conducted under a
lease of trust or restricted land that occur on the leased premises are not taxable
by States or localities, regardless of who conducts the activities."
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that an ordinance establishing Title 44, Chapter 3, Section 107
of the Citizen Potawatomi Nation Tribal Code as follows IS HEREBY APPROVED.
Section 44-3-107 State and Local Government Sales Tax on Trust Lands
The Citizen Potawatomi Nation Tax Commission is the taxing authority with tax
jurisdiction on the trust lands of the Citizen Potawatomi Nation.
All sales occurring on the trust lands of the Citizen Potawatomi Nation are
hereby exempt from state, county and municipal taxation and that no tribal
resources are to be used to assist the state or local governments in the collection
of any state or local tax.
No tribal employee or elected tribal official shall use or expend tribal resources
to gather, assemble or maintain information, report, collect, or assist the state,
or local governments in the collection of any state or local tax.
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 # 14-06-App-14-06-T44, as approved on the 22nd of May, 2014 with
12 voting for, 0 opposed, 4 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman