LEG-336 Sponsored by Councilor Aaron Otto

LEG-336 Sponsored by Councilor Aaron Otto

WAGANAKISING ODAWAK STATUTE 2024-XXX

LEGISLATIVE PROCEDURES

SECTION I.

PURPOSE

This Statute establishes the procedures to make laws in accordance with the Little Traverse Bay

Bands of Odawa Indians Constitution. This Statute repeals and replaces Waganakising Odawak

Statute 2018-007.

SECTION II.

DEFINITIONS

A.

“Business Day” means Monday through Friday, except for holidays, or when the

office is closed due to an emergency.

B.

“Codification” means the arrangement of statutes into a systematic code.

C.

“Executive” means the executive branch of government under Article VIII of the

Little Traverse Bay Bands of Odawa Indians Constitution.

D.

“LTBB” or “Tribe” means the Little Traverse Bay Bands of Odawa Indians.

E.

“Sponsor” means the Tribal Council member who is proposing a statute for

consideration of Tribal Council.

F.

“Statute” means a law enacted by Tribal Council.

G.

“Tribal Citizen” means an enrolled member of the Little Traverse Bay Bands of Odawa

Indians.

H.

“Tribal Council” means the legislative branch of government under Article VII of the

Little Traverse Bay Bands of Odawa Indians Constitution.

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LEG-336 Sponsored by Councilor Aaron Otto

SECTION III.

GENERAL LAWMAKING PROCESS

A.

A Tribal Council member sponsoring a proposed statute may, on their own initiative or

on behalf of a Tribal Citizen, request that it be placed on a Tribal Council Meeting Agenda.

B.

During the Tribal Council Meeting at which a proposed statute is considered, a motion

may be made to post it on the LTBB website for public comment. The proposed statute, along

with the name of the sponsoring Tribal Councilor(s), shall be posted if a majority of the Tribal

Councilors present at the meeting vote to approve the motion.

C.

Following a successful motion, the proposed statute shall be posted to the LTBB

website for a minimum of twenty-five (25) business days for public comment.

D.

After considering any written or verbal statements submitted by Tribal Citizens

during the 25-day public comment period, Tribal Council may entertain a motion to enact

the proposed statute. If any substantive changes are made to the proposed statute following

the public comment period, the revised version must be posted on the Tribal website for at

least ten (10) additional business days and additional public comments considered by Tribal

Council before a motion to enact the revised version is entertained.

E.

Enactment of a proposed statute shall require a majority vote of the Tribal Councilors

present at the meeting in which a vote is taken.

F.

Proposed statutes shall automatically be removed from posting on the LTBB website,

if any of the following occur:

1.

Not approved by Tribal Council after three-hundred and sixty-five (365)

days of posting on the website.

2.

Not approved by Tribal Council after being placed on a Tribal Council

agenda and the motion for enactment either fails or the motion fails for lack of

support.

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LEG-336 Sponsored by Councilor Aaron Otto

SECTION IV.

EMERGENCY LAWMAKING

In the event that immediate legislative action is necessary to preserve or promote the rights or

resources of the Tribe or its Citizens, a statute may be passed at the same meeting that it is

introduced, or at a special meeting called for that purpose. An emergency statute shall require a

unanimous vote of all Tribal Council members present at such meeting where no more than two

sitting Tribal Council members are absent.

SECTION V. CERTIFICATION AND NUMBERING

A.

Proof of passage of a Tribal statute shall be by written certification signed by both the

Tribal Legislative Leader and the Tribal Secretary. The certification shall state at a minimum the

date of passage, that a quorum of the Council was present, and a roll call record of the vote.

B.

All enacted statutes shall be titled “Waganakising Odawak Statute” followed by a seven

(7) digit number. The first four (4) digits will be the year of the enactment. The last three (3)

digits will specify the chronological order in which statutes are enacted in a given year,

separated by a hyphen. For example, the first statute passed in 2024 will be Waganakising

Odawak Statute 2024-001.

SECTION VI.

SUBMISSION TO EXECUTIVE

A.

Upon passage and certification of any statute by the Tribal Council, the Tribal Council

Secretary or designee shall send the certified original to the Executive for signature. Statutes

shall be enacted into law upon approval by signature of the Executive, or if not expressly vetoed

by the Executive within thirty (30) days of submission to the Executive.

B.

If the Executive approves the statute, then the Executive shall indicate such by either a

dated signature or a dated stamp mark on the certified original document. If the Executive

vetoes the statute, then the Executive shall indicate such by either a dated signature or a dated

stamp mark on the certified original document.

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LEG-336 Sponsored by Councilor Aaron Otto

C.

The Executive shall submit the certified original document with either the dated

approval or dated veto to the Legislative Office by the next business day that the Tribal Offices

are open.

D.

If the Executive vetoes a proposed Statute, the Statute shall not become enacted law

unless the Tribal Council, by an affirmative vote of seven (7) members of the Tribal Council,

votes to override the veto.

E.

The vote of Tribal Council to override a veto shall occur within ninety (90) days of receipt

of the veto from the Executive. If Tribal Council fails to act on the veto override within this set

time period, the veto shall stand.

F.

The vote by Tribal Council to override the veto shall only occur if there are seven (7)

Tribal Councilors present at the time of the vote.

G.

Tribal Council shall only vote one time to override the veto. If the vote for the veto

override fails, then the veto stands.

SECTION VII.

INITIATIVE AND REFERENDUM

The process for initiative and referendum is set out in Article XIV of the LTBB Constitution.

SECTION VIII.

COMPILATION

A.

All enacted statutes of the Little Traverse Bay Bands of Odawa Indians shall be listed

in chronological order on the LTBB website and shall also be available in chronological order

at the Legislative office.

B.

One original signed copy of the enacted statute shall be kept in the Legislative office

and one original signed copy shall be kept in the Executive office.

C.

The Legislative Services Attorney shall oversee the codification and maintenance of

the Tribe’s current laws on the LTBB website. The Code shall be organized in a user-friendly

manner.

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LEG-336 Sponsored by Councilor Aaron Otto

SECTION IX.

SEVERABILITY

If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any

reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall

be deemed a separate, distinct and independent provision and such holding shall not affect the

validity of the remaining portions thereof.

SECTION X.

EFFECTIVE DATE

Effective upon signature of the Executive or 30 days from Tribal Council approval, whichever

comes first, or if the Executive vetoes the Statute, then upon Tribal Council override of the veto.

CERTIFICATION

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