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2004 Business Committee Ordinances
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2004 Business Committee Ordinances

Date2004
MediumDocument
ClassificationsArchive
Object numberBC.BCO.2004
Description2004 Business Committee Ordinances

Ordinance #04-02 - An amendment of the General Revenue and Taxation Act 84-3, designating the members of the Business Committee as the Citizen Potawatomi Nation Tax Commission.

Ordinance #04-03 - A amendment to Ordinance #84-3 - General Revenue and Taxation Act.

Ordinance #04-05 - Tribal Custom Marriage and Divorce.

Ordinance #04-06 - An amendment to the civil and criminal procedures of the Citizen Potawatomi Nation Tribal Code.

Ordinance #04-07 - Governmental Secured Obligations Ordinance of the Citizen Potawatomi Nation.
Finding AidOrdinance # 04-02 AN AMENDMENT OF THE GENERAL REVENUE AND TAXATION ACT 84-3, DESIGNATING THE MEMBERS OF THE BUSINESS COMMITTEE AS THE CITIZEN POTAWATOMI NATION TAX COMMISSION. WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of American Indians with constitutional authority under the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation, the largest of the Potawatomi Indian Tribes, has through a continuation of Potawatomi history and organized self government since time immemorial, sovereign powers inherent in tribal tradition and recognized by treaties with the United States and in the United States Constitution; and WHEREAS, the Citizen Potawatomi Nation Constitution provides that according to Article 7, Section 2, "Subject to any limitations in this Constitution, and except for those powers expressly reserved to the Citizen Potawatomi Nation Indian Council by this Constitution, or delegated to another entity by this Constitution, the Business Committee of the Citizen Potawatomi Nation is empowered 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", except those relating to trust fund expenditures, trust land indebtedness and claims or treaties with the United States; and WHEREAS, the General Revenue and Taxation Act 84-3 of the Citizen Potawatomi Nation was passed on August 24, 1984; and WHEREAS, the Business Committee of the Citizen Potawatomi Nation recognizes the need to update the Revenue and Taxation Act in order to assure that Tribal business matters are expeditiously carried out; NOW, THEREFORE BE IT ENACTED, that by act of this amendment, the Business Committee of the Citizen Potawatomi Nation hereby amends Section 102 of the Tribal Revenue and Taxation Act to read: "The members of the Citizen Potawatomi Nation Tax Commission shall consist of the duly elected members of the Business Committee. The Tribal Chairman is designated to act as the Chairman of the Tax Commission." CERTIFICATION We, the members of the Business Committee of the Citizen Potawatomi Nation do hereby certify that the above is a true and exact copy of Ordinance #04-02, as approved on the 3rd day of December, 2003 with 4 voting for, 0 opposed, 0 absent, and 0 abstentions. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary-Treasurer Ordinance # 04-03 AN AMENDMENT TO ORDINANCE #84-3 - GENERAL REVENUE AND TAXATION ACT. WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of American Indians with constitutional authority under the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation, the largest of the Potawatomi Indian Tribes, has, through a continuation of Potawatomi history and organized self government since time immemorial, sovereign powers inherent in tribal tradition and recognized by treaties with the United States and in the United States Constitution; and WHEREAS, the Citizen Potawatomi Nation Constitution provides that according to Article 7, Section 2, "Subject to any limitations in this Constitution, and except for those powers expressly reserved to the Citizen Potawatomi Nation Indian Council by this Constitution, or delegated to another entity by this Constitution, the Business Committee of the Citizen Potawatomi Nation is empowered 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", except those relating to trust fund expenditures, trust land indebtedness and claims or treaties with the United States; and WHEREAS, the General Revenue and Taxation Act of the Citizen Potawatomi Nation was approved on August 24, 1984, and subsequently modified on March 25, 1985 and May 13, 1985; and WHEREAS, the Business Committee of the Citizen Potawatomi Nation recognizes the need to update the Revenue and Taxation Act in order to conform with new tax regulations. NOW, THEREFORE BE IT ENACTED, that by act of this amendment, the Business Committee of the Citizen Potawatomi Nation hereby amends Section 202 of the Tribal Revenue and Taxation Act to read: "There is hereby levied upon the sale, use, gift, possession or consumption of cigarettes within the tribal jurisdiction a tax of three cents ($0.03) for each individual package of cigarettes and thirty cents ($0.30) on each carton of cigarettes. Section 203 to read: "There is hereby levied upon the sale, use, gift, possession, or consumption of tobacco products within the Tribal Jurisdiction a tax of three cents ($0.03) for each separate, individual tobacco item." Section 302 to read: "There is hereby levied upon the sale of property within the tribal jurisdiction a tax of eight and one-half percent (8 ½ %) of the actual sales price thereof exclusive of any rebates. If a sale is consummated by trade, barter, or exchange for anything other than money, the tax shall be computed at the fair market value of the property sold. (a) The impact of the taxes imposed by this chapter is declared to be on the consumer and shall be added to the purchase price of the property sold and recovered from the consumer. (b) Every retailer shall show the amount of such taxes paid as a separate item on any invoices or receipts which they may issue." And Section 703 to read, "There is hereby levied upon the gross sales less payouts of the Citizen Potawatomi Nation Gaming Center, a tax of eight and one-half percent (8 ½ %)." These amendments to become effective immediately. CERTIFICATION We, the members of the Business Committee of the Citizen Potawatomi Nation do hereby certify that the above is a true and exact copy of Ordinance # 04-03, as approved on the 3rd day of December, 2003 with 4 voting for, 0 opposed, 0 absent, and 0 abstentions. John A. Barrett, Jr., D. Wayne Trousdale, Chairman Secretary-Treasurer CITIZEN POTAWATOMI NATION Ordinance # 04-05 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION, SECTION 1102. TRIBAL CUSTOM MARRIAGE AND DIVORCE. (d) Marriage in the Citizen Potawatomi Nation shall consist only of the union of one man and one woman. Nothing in the tribal code 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. (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. EFFECTIVE DATE: This ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation. CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi Nation, the undersigned do hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance POTT #04-05, as approved on the 11th day of June, 2004, with 5 voting for, 0 opposed, 0 absent and 0 abstaining. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary-Treasurer CITIZEN POTAWATOMI NATION Ordinance # 04-06 An amendment to the civil and criminal procedures of the Citizen Potawatomi Nation Tribal Code WHEREAS, the Business Committee of the Citizen Potawatomi Nation desires to clarify the criminal and civil jurisdiction of the Citizen Potawatomi Nation Tribal Court; and WHEREAS, the Constitution of the Citizen Potawatomi Nation expressly provides "the jurisdiction and governmental powers of the Citizen Potawatomi Nation Indian Country shall also . . . extend outside the exterior boundaries of the Citizen Potawatomi Nation Indian Country to any persons or property which are, or as may hereafter be, included within the jurisdiction of the Citizen Potawatomi Nation under any laws of the Citizen Potawatomi Nation, any State, or the United States." NOW, THEREFORE BE IT ORDAINED, THAT THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION HEREBY ENACTS THE FOLLOWING amendment to the Tribal Code as new Subparagraphs (e0, (f) and (g) for Title - Criminal Procedure, Section 001, and new Subparagraphs (b), (c), and (d) for Title - Civil Procedure, Section 2. The Citizen Potawatomi Nation maintains civil and criminal jurisdiction over its members and others who enter into a voluntary relationship with the Nation. Citizenship or membership in the Citizen Potawatomi Nation is voluntary. Anyone who chooses to disassociate himself or herself from the Nation may do so by withdrawing from the tribal rolls. Therefore, those individuals who maintain membership in the Citizen Potawatomi Nation do so knowing that they voluntarily "assume tribal relations" with the Nation. Individuals who voluntarily "assume tribal relations" with the Citizen Potawatomi Nation through voluntary tribal membership, intermarriage, Residence, or other substantial activities are subject to the criminal and civil jurisdiction of the Citizen Potawatomi Nation. Criminal and civil jurisdiction over tribal members shall not be dependent upon the location or jurisdiction of their residence. BE IT FURTHER ORDAINED THAT THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION hereby amends or repeals any provision of the Tribal Code that territorially restricts tribal court jurisdiction, service of process, or hinders the application of tribal laws to all individuals who have voluntarily assumed a relationship with the Nation. Every such provision of the Tribal Code is hereby amended to the extent necessary for the Nation's courts to assume criminal and civil jurisdiction over those who voluntarily "assume tribal relations". Such repeal or amendments shall be to the least extent necessary to satisfy the intent and purpose of this Ordinance. BE IT FURTHER ORDAINED THAT THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION hereby specifically amends Civil Procedure, Section 219, Territorial Limits of Effective Service, to provide for extraterritorial service of process in all matters pertaining to the Nation's courts by repealing Subparagraph (c) and amending Subparagraph (a) as follows: "All process may be served anywhere within the territorial jurisdiction of the Nation and, when authorized by an ordinance of the Tribe, or by this Act, or by Order of the Court, beyond these territorial limits." BE IT FURTHER ORDAINED THAT THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION hereby specifically amends Civil Procedure, Section 229, Subparagraph (f), Contempt to read as follows: "Contempt. Failure by any person without adequate excuse to obey a subpoena or other order of the Court may be deemed a contempt of the Court." BE IT FURTHER ORDAINED THAT THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION hereby specifically amends Civil Procedure, Section 241, General Cases in Which Extraterritorial Service Authorized as follows: "Section 241. Extraterritorial Service Authorized. Service of summons and complaint, third party complaints and other Process by which an action is instigated may be made outside the territorial Limits described in Section 219." EFFECTIVE DATE: This ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation. CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi Nation, the undersigned do hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance POTT #04-06, as approved on the 11th day of June, 2004, with 5 voting for, 0 opposed, 0 absent and abstaining. John A. Barrett Jr. D. Wayne Trousdale Chairman Secretary-Treasurer CITIZEN POTAWATOMI NATION Ordinance # 04-07 GOVERNMENTAL SECURED OBLIGATIONS ORDINANCE OF THE CITIZEN POTAWATOMI NATION BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION: Section 1: CITATION This may be cited as the Citizen Potawatomi Nation Governmental Secured Obligations Ordinance. Section 2: PURPOSE The Nation has previously enacted its Title 12A Uniform Commercial Code of the Citizen Potawatomi Nation (the "UCC") which is applicable to certain types of commercial transactions within the Nation's jurisdiction. The UCC does not apply, however, to security interests granted by the Nation in its governmental capacity in certain types of collateral. The purpose of this Ordinance is to set forth the law of the Nation governing the creation, attachment, perfection, priority and enforcement of a lien of a pledge by the Nation of revenues, tax receipts, and other property as specified herein. Section 3: DEFINITIONS AS used herein, the following terms are defined as follows: "Nation" means the Citizen Potawatomi Nation or any agency, enterprise, instrumentality or other affiliate thereof. "Obligation" means a bonds, loans, notes, or other obligations evidencing indebtedness of the Nation. "Operative Document" means a resolution, ordinance, trust indenture, loan agreement security agreement, pledge agreement, deposit account control agreement, or other document in which the Nation pledges Property as security for an Obligation pursuant to this Governmental Secured Obligations Ordinance. "Pledge" means to create a security interest in or lien on Property to secure payment or performance of an Obligation. "Pledgee" means (i) the holder of an Obligation, or (ii) a trustee, agent, securities intermediary, or other representative for the holder(s) of an Obligation. "Property" means personal property of the Nation, tangible or intangible, whether owned by the Nation when a Pledge is made or acquired subsequently by the Nation, and includes Revenues, contract rights, receivables and securities. "Revenues" means all income and receipts from fees, tolls, assessments or taxes, of whatever kind or nature, derived by or to which the Nation is entitled from commercial or other operations within the taxing jurisdiction of the Nation or from the operation, sale or use of facilities, commercial enterprises, projects, utilities or systems owned or operated by the Nation and other revenues legally available to be pledged to secure Obligations. Section 4: PERFECTION, PRIORITY AND ENFORCEMENT OF PLEDGE (a) The Nation may pledge such Property to secure payment and performance of its Obligations to the extent described in the Operative Documents. The lien created by the Pledge is valid and binding from the time the Pledge is made. (b) Pledged Property is subject immediately to the lien of the Pledge without physical delivery, filing or any other act. (c) Except as provided otherwise expressly in the Operative Document, the lien of the Pledge is superior to and has priority over other claims and liens of any kind. (d) When Property subject to a Pledge is acquired by the Nation after the Pledge is made, the Property is subject to the lien upon acquisition by the Nation without physical delivery, filing or any other act, and the lien shall relate to the time the Nation originally made the Pledge. (e) The Nation may reserve the right to Pledge a Pledged Property as security for Obligations subsequently issued by the Nation pursuant to this Ordinance. If the Nation reserves that right, subject to the terms of the Operative Document that created the previous Pledge, the lien of the subsequent Pledge may be on parity or pari passu basis with the lien of the previous Pledge, on a prior or superior basis with the lien of the previous Pledge or on a subordinate basis with the lien of the previous Pledge, as specified in the Operative Document creating the subsequent Pledge. The lien of the subsequent Pledge: (i) Has the priority specified in the Operative Document creating the subsequent Pledge; and (ii) Is superior to and has priority over other claims and liens of any kind except the lien of a Pledge with which the lien of the subsequent Pledge is on a parity or subordinate basis, as specified in the Operative Document. (f) Except as provided in subsection (g) of this Section, a Pledgee may commence an action in a court or other tribunal of competent jurisdiction, as specified and consented to by the Nation in the Operative Document, to foreclose the Pledge, may otherwise foreclose the Pledge as specified in the Operative Document, and may exercise all other rights and remedies available to the Pledgee under the Operative Document. (g) When Pledged Property consists of moneys or Property in a deposit account or other fund or account for payment of Obligations, a Pledgee may foreclose the lien of the Pledge by applying the moneys or Property in the fund to the payment of Obligations subject to the terms, conditions and limitations in the Operative Document. Section 5: EFFECTIVE DATE This Ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation. CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi Nation, the undersigned do hereby certify that the above and foregoing ordinance is a true and exact copy of Potawatomi Ordinance No. 04-07, as approved on the 11th day of June, 2004, with 5 voting for, 0 voting against, 0 absent and 0 abstaining. John A. Barrett. Jr. Linda Capps Chairman Vice Chairman