LEG-336 sponsored by Councilor Aaron Otto

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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 2018-007and any previous Statute, Resolution Regulation or Policy language with regard

to the same.

SECTION II.

DEFINITIONS

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

office is closed due to an emergency.

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

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

Little Traverse Bay Bands of Odawa Indians Constitution.

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

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

consideration of Tribal Council.

“Statute” means a law enacted by Tribal Council.

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

Indians.

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

Little Traverse Bay Bands of Odawa Indians Constitution.

LEG-336 sponsored by Councilor Aaron Otto

SECTION III.

GENERAL LAWMAKING PROCESS

After sixty (60) days, any Tribal Council member may choose to sponsor the proposed

Statute. The sponsoring Tribal Council member(s) and Tribal Citizen(s) names shall be

included with the posting on the LTBB website.

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 pass the revised version is entertained.

the following occur:

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

on behalf of a Tribal Citizen, request it to be placed on a Tribal Council meeting the agenda

for consideration of a motion to post to the Tribal website.

A Tribal Citizen may propose a Statute or an amendment to an existing Statute. Tribal

Council will have sixty (60) days to consider whether or not to post the proposed Statute to

the LTBB website.

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.

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 pass the

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

present at the meeting in which a vote is taken.

Statutes shall automatically be removed from posting on the LTBB website, if any of

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

of posting on the website.

Not approved by Tribal Council after being placed on a Tribal Council agenda and the

motion for passage either fails or the motion fails for lack of support.

LEG-336 sponsored by Councilor Aaron Otto

SECTION IV.

SECTION V.

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.

Odawak Statute 2024-001.

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.

CERTIFICATION AND NUMBERING

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

SECTION VI.

SUBMISSION TO EXECUTIVE

Upon passage and written 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.

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.

LEG-336 sponsored by Councilor Aaron Otto

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.

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.

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.

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

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.

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

at the Legislative office.

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

SECTION VIII.

COMPILATION

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

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.

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.

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 thirty (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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.