# Mille Lacs Band Statutes Annotated

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Mille Lacs Band Statutes Annotated
Amendments received through: November 21, 2024
______________________________________________________________________________

TITLE 19 - MOTOR VEHICLES
Chapter
1. General Provisions
2. Registration
3. Certificates of Title
4. Fraudulent Practices
5. Traffic Violations
6. Police Powers
7. Parking Privileges for Physically Handicapped Persons

Section
1
101
201
301
401
501
601

Historical and Statutory Notes
The Preamble of Band Statute 1097-MLC-52 provides: "It is, enacted by the Band Assembly of the Mille
Lacs Band of Chippewa Indians for the purpose of establishing standards for the registration of motor
vehicles, the issuance of certificates of title for conveyance of ownership, any subsequent transfer of title,
establishing lawful regulations for the operation of motor vehicles and other related purposes."
Band Statute 1097-MLC-52, §§ 39 and 48 provide: "Section 39. Severability. If any provision of this
Chapter or the application thereof to any person, business, corporation or circumstances is held invalid,
the invalidity shall not affect other provisions or application of the Chapter which can be given effect
without the invalid provision or application and to this end the provisions of this Chapter are declared
severable."
"Section 48. Director of Reciprocity. The Director of Reciprocity, in and for the Non-Removable Mille
Lacs Band of Chippewa Indians for the purpose of conducting relations pursuant to the terms of said
agreement with the State of Minnesota, Department of Public Safety and any other State is hereby
designated as Margie Anderson.
"Section 48.01. The Secretary Treasurer, Douglas Sam, the Director of Reciprocity, Margie Anderson,
and the Solicitor General, Jay Kanassatega are hereby authorized to execute a Reciprocity Agreement
with the State of Minnesota Department of Public Safety. The said Reciprocity Agreement shall remain in
full force and effect until repealed by formal legislative act of the Band Assembly, concurrence by the
Chief Executive pursuant to provisions of Band Statute 1141-MLC-2, Section 17 [now 3 MLBS § 16] and
proper notification to the State of Minnesota."

1

CHAPTER 1
GENERAL PROVISIONS
Section
1. Findings and Determinations.
2. Definitions.
3. Reservation of Right.
4. Administrative Expenses.
5. Revenue Distribution.
6. American Association of Motor Vehicle Administrators: Policy Positions.
7. Powers and Duties of Secretary.
8. Cancellation of Title or Registration.
9. Deputy Registrar of Motor Vehicles.
10. Removal of Deputy Registrar of Motor Vehicles.
11. Court of Central Jurisdiction.
12. Limited Waiver of Sovereign Immunity.
13. Solicitor General Obligations.
14. State and Territorial Motor Vehicle Statutes and Judicial Proceedings; Full Faith and
Credit.
15. State and Territorial Non-Judicial Motor Vehicle Records; Full Faith and Credit.
16. Motor Vehicle Registration Forms.
17. Applicability of 24 MLBS § 3301 et seq., Remedies for Creditors, and 18 MLBS § 301,
Uniform Commercial Code.
Historical and Statutory Notes
The Title of Band Ordinance 34-12 is “An Ordinance amending Title 19 of the Mille
Lacs Band Statutes Annotated entitled Motor Vehicles to amend Section 9 (Deputy Registrar of Motor
Vehicles) in order to create a regular full-time Legislative employee position.”
The Preamble of Band Ordinance 34-12 provides: “It is enacted by the Band Assembly of the Mille Lacs
Band of Ojibwe for purposes of converting the position of Deputy Registrar of Motor Vehicles from an
independent contractor to a regular full-time Legislative employee position.”

§ 1. Findings and Determinations.
(a)

The Band Assembly hereby finds that the registration of motor vehicles and the
imposition of motor vehicle excise taxes for the privilege of using a motor vehicle on
lands subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa
Indians owned by enrolled members, who reside on said lands, is consistent with the
statutory authority of Indian tribes across the United States of America which has
been recognized by the United States Supreme Court in Washington v. Confederated
Tribes, 447 U.S. 134 (1980).

2

(b)

The Band Assembly hereby finds that the agreement relating to the refundment of
sales and use tax and motor vehicle excise taxes which purports to grant continuing
authority to the State of Minnesota to collect taxes from members of any constituent
Bands of the Non-Removable Mille Lacs Band of Chippewa Indians pursuant to 25
U.S.C. 1322 and 1326 was ultra vires, to each party; and, that the Solicitor General
properly declared such agreement null and void.

(c)

The Band Assembly hereby declares that the intent and purpose of Title 19 of the
Mille Lacs Band Statutes Annotated is to obtain and retain forever the sovereign
rights of the people who comprise the constituent Bands of the Non-Removable Mille
Lacs Band of Chippewa Indians to be free from all taxation imposed by the State of
Minnesota and any of its political sub-divisions by the imposition of like taxes to
support government services for the people and by the people, and the same shall be
liberally construed to effect this purpose. Nothing herein shall be construed as a
waiver of sovereign immunity by the Non-Removable Mille Lacs Band of Chippewa
Indians in any court of competent jurisdiction with the exception of limited waivers to
the Court of Central Jurisdiction authorized herewith.

(d)

The Band Assembly hereby finds and determines that the State of Minnesota has
continued to collect motor vehicle excise taxes from enrolled members of the NonRemovable Mille Lacs Band of Chippewa Indians since December 14, 1974 in
violation of the United States Supreme Court decision, Bryan V. Itasca County, 426
US 373 (1976).

(e)

The Band Assembly hereby finds and determines that the development and
implementation of this motor vehicle licensing statute is sufficient to preempt
Minnesota law and hereby respectfully requests reciprocity from the State of
Minnesota in the same manner it offered other governing jurisdictions. The Solicitor
General is hereby authorized and directed to implement this provision.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 1.

§ 2. Definitions.
In this title the following words and phrases have the designated meanings unless a different
meaning is expressly provided or the context clearly indicates a different meaning:
(a)

Court - means the Court of Central Jurisdiction for the Mille Lacs Band of Chippewa
Indians.

(b)

Manufacturer - means every person engaged in the business of constructing or
assembling vehicles of a type for which a certificate of title is required hereunder.

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(c)

Manufacturer's or Importer's Certificate of Origin - means a certificate over the
authorized signature of the manufacturer or importer of a vehicle, describing and
identifying the vehicle, giving the name and address of the person to whom the
vehicle is first sold by the manufacturer or importer, and containing assignments, duly
executed, assigning the same to an applicant for a certificate of title on the vehicle in
the Non-Removable Mille Lacs Band of Chippewa Indians.

(d)

Mille Lacs Band - means the Non-Removable Mille Lacs Band of Chippewa Indians.

(e)

Mille Lacs Reservation - means all lands under the jurisdiction of the Mille Lacs
Band of Chippewa Indians.

(f)

Mobile Home - means a vehicle designed to be towed as a single unit or in sections
upon the highway by a motor vehicle and equipped and used or intended to be used,
primarily for human habitation, with walls of rigid uncollapsible construction.

(g)

Owner - means a person, other than a secured party, having the property in or title to
a vehicle. This term includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person, but excludes a lessee under a lease not
intended as security. An Owner also means any person, firm, association, or
corporation owning or renting a motor vehicle, or having the exclusive use thereof,
under a lease or otherwise, for a period of greater than 30 days.

(h)

Recreational Trailer – means a cabin trailer, collapsible cabin trailer, tent trailer,
camping trailer; a trailer used to transport recreational equipment such as a
snowmobile, watercraft, fishing and hunting equipment, off-road motorcycle or a
bicycle, designed or intended to be drawn on the highway by an automobile or light
truck that has a gross towing vehicle weight of less than 10,000 pounds.

(i)

Secretary - means the Secretary of Treasury of the Mille Lacs Band of Chippewa
Indians.

(j)

Secured Party - means a lender, seller or other person to whom accounts or chattel
paper have been sold. When the holders of obligations issued under an indenture of
trust, equipment trust agreement or the like are represented by a trustee or other
person, the representative is the secured party having an interest in the vehicle.

(k)

Vehicle - means every device in, upon or by which any person or property is or may
be transported or drawn upon a highway.

(l)

For the purposes of effectuating the terms of this title, any terms not defined herein
shall have the meanings given to them in the statutes of the State of Minnesota,
except when the context otherwise requires.
Historical and Statutory Notes

Source:

4

Band Statute 1097-MLC-52, § 2.
Band Act 62-24.

§ 3. Reservation of Right.
The Band Assembly hereby fully reserves the right to alter, amend, or increase or decrease taxes
imposed herein, or repeal the several provisions of this title, and all rights and privileges granted
or extended hereunder shall be subject to such reserved right.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 41.

§ 4. Administrative Expenses.
In no event shall the expenses of administration of the provisions of this title exceed thirty-five
percent of the gross receipts of the taxes imposed herein.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 38.02.

§ 5. Revenue Distribution.
All revenue derived from fees imposed by this title shall be deposited in a trust fund account in
the name of Non-Removable Mille Lacs Band of Chippewa Indians-Motor Vehicle Revenue
Account, which is herewith created and shall not be distributed except upon the adoption of
special Revenue Resolution of the Band Assembly so directing disbursement.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 42.

§ 6. American Association of Motor Vehicle Administrators: Policy Positions.
The Band Assembly hereby declares that the implementation of the provisions of this title shall
be accomplished, as much as feasible, according to the policies promulgated by the American
Association of Motor Vehicle Administrators, which are hereby incorporated by reference into
this title.
Historical and Statutory Notes

5

Source:
Band Statute 1097-MLC-52, § 45.

§ 7. Powers and Duties of Secretary.
The Secretary of Treasury shall enforce all provisions of this title. He may prescribe all rules and
regulations consistent with the provisions of this title through the issuance of Secretarial Orders.
He may call upon the Solicitor General or any Band law enforcement officer to aid him in the
performance of his duties. He may appoint such employees of the Non-Removable Mille Lacs
Band of Chippewa Indians as may be required to administer the provisions of this title.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 38.01.

§ 8. Cancellation of Title or Registration.
The Secretary shall cancel a title or registration whenever:
(a)

A transfer of title is set aside by the Court by order or judgment, or

(b)

It is subsequently discovered that the issuance or possession of a title or registration is
prohibited by law.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 34.

§ 9. Deputy Registrar of Motor Vehicles.
(a)

The position of Deputy Registrar of Motor Vehicles shall be a regular, full-time
Legislative employment position funded with Band Revenue. The SecretaryTreasurer shall hire and supervise the Deputy Registrar of Motor Vehicles after
posting the position in accordance with the Band’s normal hiring policy. Except as
otherwise provided in 19 MLBS § 10, the Band’s Personnel Policy and Procedures
Manual adopted in accordance with 6 MLBS § 1 shall be applicable to the Deputy
Registrar of Motor Vehicles.

(b)

The Deputy Registrar of Motor Vehicles shall collect fees of $10.00 per vehicle
registration and $10.00 per issuance of certificate of title. These fees shall be in
addition to the fees imposed by 19 MLBS § 109.
Historical and Statutory Notes

6

Source:
Band Statute 1097-MLC-52, § 46.
Band Ordinance 34-12, § 1.
Band Act 62-24.

§ 10. Removal of Deputy Registrar of Motor Vehicles.
Any Deputy Registrar who shall act in a manner not consistent with the exercise of authority
conferred in this title or pursuant to Secretarial Order may be suspended from further duty, for
just cause, by the Secretary/Treasurer. Removal of the Deputy Registrar from office shall be
initiated by the Secretary/Treasurer, subject to formal hearing and review by the Band Assembly,
after provisions of due process rights. Under no circumstances shall any suspension exceed two
weeks without hearing in the Band Assembly. The Secretary/Treasurer is authorized to
temporarily appoint another Deputy Registrar in the event of inability or disability of the Deputy
Registrar to perform the duties herein.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 47.
Cross References
Due process, see 1 MLBS § 8.

§ 11. Court of Central Jurisdiction.
The Court of Central Jurisdiction is hereby granted subject matter jurisdiction for any cause of
action which arises from this title. Nothing in this title shall be construed as a waiver of
sovereign immunity of the Non-Removable Mille Lacs Band of Chippewa Indians in any state or
federal court of competent jurisdiction. Associate Justices of the Court of Central Jurisdiction
shall have original jurisdiction over all causes of action which arises from any provisions of this
title. A Criminal Division is hereby created in the Court of Central Jurisdiction to hear causes of
actions arising from this title. The Court of Central Jurisdiction is additionally authorized to
adjudicate unwritten cultural law causes of action pursuant to rules and regulations promulgated
by Court order.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 38.
Cross References
Subject matter jurisdiction, court of central Jurisdiction, see 5 MLBS § 111.

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§ 12. Limited Waiver of Sovereign Immunity.
The Band Assembly hereby waives sovereign immunity to be sued only in the Court of Central
Jurisdiction in any seizure of property matter pursuant to provisions of this title. However, any
such action shall only be directed against the Secretary of Treasury, in his/her official capacity in
order to challenge any seizure action. Any and all seizure causes of action which arise pursuant
to this title shall be limited to actions against the Secretary of Treasury in his/her official capacity
for an order returning any seized goods. All other causes of action which arise pursuant to this
title shall be limited in relief to declaratory or injunctive measures and no damages, monetary or
otherwise, including but not limited to attorney fees shall be permitted.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 40.
Cross References
Seizure and confiscation of certain substances and vehicles containing them, see 19 MLBS § 503.
Unregistered or improperly registered vehicles, seizure and impoundment, see 19 MLBS § 105.

§ 13. Solicitor General Obligations.
The Solicitor General shall represent the interests of the Non-Removable Mille Lacs Band of
Chippewa Indians and the Secretary of Treasury in any matter arising from any provisions of
this title before the Court of Central Jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 43.

§ 14. State and Territorial Motor Vehicle Statutes and Judicial Proceedings; Full Faith and
Credit.
(a)

The Acts of the Legislature of any state, territory or possession of the United States or
any federally recognized Indian Tribe, relating to any matter of motor vehicle titling
or registration or the operation of motor vehicles on any public highway, road or
street or copies thereof, shall be authenticated by affixing the seal of such state,
territory or possession of the United States or any federally recognized Indian Tribe
thereto

(b)

The Motor Vehicle records and any judicial motor vehicle proceedings of any court
of any such state, territory or possession of the US or any recognized Indian Tribe, or
copies thereof, shall be proved or admitted in the Court of Central Jurisdiction by the

8

attestation of the Clerk and seal of the court annexed, if a seal exists, together with a
certificate of a judge of the court that the said attestation is in proper form.
(c)

Such Acts, records and judicial proceedings or copies thereof, so authenticated shall
have the same full faith and credit in the Court of Central Jurisdiction as they have by
law or usage in the courts of such state, territory or possession of the United States or
any federally recognized Indian Tribe from which they are taken provided that any
such state, territory or possession of the United States or any federally recognized
Indian Tribe has executed a motor vehicle reciprocity agreement with the NonRemovable Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 50.

§ 15 State and Territorial Nonjudicial Motor Vehicle Records; Full Faith and Credit.
(a)

All non-judicial motor vehicle records or books kept in any public office of any state,
territory or possession of the United States or any federally recognized Indian Tribe,
or copies thereof, shall be proved or admitted in the Court of Central Jurisdiction or
any office of the Non-Removable Mille Lacs Band of Chippewa Indians by the
attestation of the custodian of such records or books and the seal of his office
annexed, if there be a seal, together with a certificate of a judge of a court of record of
the county, parish, or district in which such office may be kept, or of the Governor,
any duly appointed officer of the Governor or Secretary of State, the chancellor or
keeper of the great seal of the state, territory or possession of the United States or any
federally recognized Indian Tribe that the said attestation is in due form and by the
proper offices.

(b)

If the certificate is given by a judge, it shall be further authenticated by the Clerk of
Court, who shall certify, under his/her hand and the seal of his/her office that such
judge is duly commissioned and qualified; or, if given by the Governor, executive
appointee, secretary, chancellor or keeper of the great seal, it shall be under the great
seal of the state, territory of possession of the United States or any federally
recognized Indian Tribe in which it is made.

(c)

Such records or books or copies thereof, so authenticated shall have the same full
faith and credit in the Court of Central Jurisdiction and every public office of the
Non-Removable Mille Lacs Band of Chippewa Indians, as they have by law or usage
in the courts or offices of the state, territory or possession of the United States or any
federally recognized Indian Tribe from which they are taken provided that any such
state, territory or possession of the United States or any federally recognized Indian
Tribe has executed a motor vehicle reciprocity agreement with the Non-Removable
Mille Lacs Band of Chippewa Indians.

9

Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 51.

§ 16. Motor Vehicle Registration Forms.
The Deputy Registrar is hereby authorized and empowered to utilize any form presently in use
by the Minnesota Department of Public Safety for any matter related to fulfilling the mandates of
this Band Statute as an official form of the Mille Lacs Band of Chippewa Indians. Any such
form so utilized, shall be modified by the Deputy Registrar wherever necessary to comply with
applicable provisions of this title. All such forms bearing the name of the Minnesota Department
of Public Safety or the logo of the said Department shall be treated as the official form of the
Mille Lacs Band of Chippewa Indians for the purpose so designated in the title of the form.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 49.

§ 17. Applicability of 24 MLBS §3301 et seq., Remedies for Creditors, and 18 MLBS §301,
Uniform Commercial Code.
The provisions of 24 MLBS § 3301, Remedies for Creditors, and 18 MLBS § 301, Uniform
Commercial Code of the State of Minnesota, are hereby declared as mandatory provisions of
Band law available to lien holders for the recovery of a vehicle when the owner of record is in
default of any security agreement entered into with a member of the Non-Removable Mille Lacs
Band of Chippewa Indians who resides on land subject to the jurisdiction of the Band. Provisions
for due process in the Court of Central Jurisdiction pursuant to 24 MLBS § 3301 are mandatory
prior to any repossession action by any lien holder.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 44.
Cross References
Security interests, certificates of title, see 19 MLBS § 271.

CHAPTER 2
REGISTRATION

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Subchapter
1. General Provisions
2. Registration Plates

Section
101
141

SUBCHAPTER 1
GENERAL PROVISIONS
Section
101. Operating Unregistered or Improperly Registered Vehicle.
102. When Vehicles Exempt from Registration.
103. Exemption of Nonresidents.
104. Penalties.
105. Seizure and Impoundment of Vehicles.
106. Application for Registration.
107. Grounds for Refusing Registration.
108. Contents, Issuance and Display of Certificates of Registration; Issuance of Duplicate
Certificate.
109. Annual Registration Fees.
110. When Fees Refundable.
111. When Registration to be Suspended.

§ 101. Operating Unregistered or Improperly Registered Vehicle.
(a)

It is unlawful for any person to operate or for an owner to consent to being operated
on any roads of the Mille Lacs Reservation or roads subject to the jurisdiction of the
Band, any motor vehicle, trailer or semitrailer or any other vehicle for which a
registration fee is specifically prescribed unless at the time of operation the vehicle in
question either is registered with the Mille Lacs Reservation or is exempt from
registration.

(b)

A vehicle may be operated by a private person after the date of purchase of such
vehicle by such private person, or after the date such person moved to this
Reservation or lands subject to the jurisdiction of the Band, once the person has
obtained a temporary 21 days registration certificate from the Secretary. All
temporary certificates shall be affixed to the interior rear window of the vehicle, on
the driver's side of the car and in a position so as not to obstruct the rear-view of any
driver. The Secretary shall issue no other temporary registration certificate upon the
expiration of the first 21 days permit.

(c)

All vehicles subject to renewal of registration may be operated provided that
application for reregistration has been made.
Historical and Statutory Notes

11

Source:
Band Statute 1097-MLC-52, § 3.

§ 102. When Vehicles Exempt from Registration.
A vehicle even though operated upon roads of this Reservation is exempt from registration when
such vehicle:
(a)

Is operated in accordance with the provisions exempting nonresident or foreignregistered vehicles from registration; or

(b)

Is an implement of husbandry used exclusively in or incidental to agricultural
operations; or

(c)

Is a trailer or semitrailer permanently equipped with a well-drilling outfit and used
exclusively for such purposes; or

(d)

Is a forklift truck, a specially constructed road or truck tractor used for shunting
trailers or semitrailers in terminal areas.

(e)

Is a trailer or semitrailer not operated in conjunction with a motor vehicle; or

(f)

Is a motor vehicle being towed; or

(g)

Is a piece of road machinery; or

(h)

Is a motor truck which is operated upon a highway only when directly crossing such
highway; or

(i)

Is a motor vehicle last registered in another jurisdiction.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 4.

§ 103. Exemption of Nonresidents.
(a)

Any vehicle which is registered in another jurisdiction is exempt from the laws of the
Non-Removable Mille Lacs Band of Chippewa Indians providing for the registration
of such vehicles if:
(1)

The vehicle carried a registration plate indicating the registration in such other
jurisdiction;

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(b)

(2)

The vehicle is owned by a nonresident of the Mille Lacs Reservation; and

(3)

The jurisdiction in which the vehicle is registered allows such vehicles when
registered in the Mille Lacs Reservation to be operated tax free upon its roads
under conditions substantially as favorable to residents of the Mille Lacs Band
as to its own residents.

If the owner of any such vehicle moves to the Mille Lacs Reservation or if the vehicle
is purchased by a resident of the Mille Lacs Reservation the vehicle immediately
becomes subject to the laws of the Mille Lacs Reservation providing for the
registration of vehicles.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 13.

§ 104. Penalties.
Any person violating 19 MLBS § 101(a) may be fined not more than $100.00. In addition to
imposing the penalty, the Court shall order the offender to make application for registration or
reregistration and to pay the fee thereof.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 3.03.
Band Act 62-24.

§ 105. Seizure and Impoundment of Vehicles.
If upon order of the Court of Central Jurisdiction to register or reregister a vehicle, the owner
fails to comply, the Court shall have the power to order any Law Enforcement Officer of the
Band to seize and impound any unregistered or unlawfully registered vehicle and to hold the
same until such time as the owner complies with the provisions of this title. All costs incurred in
the holding, under seizure by order of the Court shall be the responsibility of the owner of the
vehicle. Any vehicle held, under seizure order of the Court, shall be sold at public auction to the
highest bidder, including all costs incurred, after thirty (30) days from the date of seizure. The
owner of the vehicle shall have the right to petition the Court to halt any public auction of the
said vehicle at any time prior to the sale. The Secretary shall have the right to reject any and all
bids received which are less than the appraised value of the vehicle. All proceeds derived from
the sale of the vehicle, less all costs incurred by the Band, including Court fines and costs, shall
become the property of the legal owner as defined in 19 MLBS § 2(g). If, in the event the sale
does not realize sufficient proceeds to pay off any security interest, the owner prior to auction
shall be obligated to the secured party for any balance remaining. The secured party shall have
13

the right to be listed as a secured party on any other certificate of title for a vehicle registered in
the Band and owned by the person prior to the auction.
Nothing herein shall limit the rights of any secured party in any vehicle registered within the
Mille Lacs Band.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 3.04.
Cross References
Actions challenging seizure of property, see 19 MLBS § 13.

§ 106. Application for Registration.
(a)

Application for original registration and for renewal of registration shall be made to
the Secretary of Treasury of the Mille Lacs Band of Chippewa Indians upon forms
prescribed by him and shall be accompanied by the required fee.

(b)

Applications for original registration of a vehicle shall contain the following
information:

(c)

(1)

The name of the owner.

(2)

The address of the owner.

(3)

A description of the vehicle, including make, model, identifying number and
any other information which the Mille Lacs Band may reasonably require for
proper identification of the vehicle.

(4)

The District in which the vehicle is kept.

(5)

Such further information as the Secretary may reasonably require to enable
him to determine whether the vehicle is by law entitled to registration or to
enable him to determine the proper registration fee for the vehicle.

(6)

Proof of liability insurance. The Deputy Registrar shall conduct periodic
insurance checks on any vehicles registered under the jurisdiction of the Band.
Any said check shall be random in nature and occur 60 days after issuance of
license plates.

Applications for removal of registration shall contain the information required in
subsection (b) for applications or such parts thereof as the Secretary deems necessary
to assure the proper registration of the vehicle.

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Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 5.
Band Act 62-24.
Cross References
Designation of districts, see 2 MLBS § 11.
License plates for handicapped persons, see 19 MLBS § 602.

§ 107. Grounds for Refusing Registration.
The Secretary shall refuse registration of a vehicle under the following circumstances:
(a)

No registration shall be issued unless the applicant is residing within the boundaries
of the Mille Lacs Reservation; or

(b)

The required fee has not been paid; or

(c)

The applicant has failed to furnish the information or documents required by the
Mille Lacs Band pursuant to this title; or

(d)

A certificate of title is a prerequisite to registration of the vehicle and applicant does
not hold a valid certificate of title and is not entitled to the issuance of a certificate of
title; or

(e)

The applicant has had his registration suspended or revoked in accordance with
19 MLBS § 111 and such suspension or revocation still is in effect.

(f)

Proof of liability insurance.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 6.
Cross References
Certificates of title, prerequisite to registration, see 19 MLBS § 202.

§ 108. Contents, Issuance and Display of Certificates of Registration; Issuance of Duplicate
Certificate.

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(a)

The Secretary upon registering a vehicle shall issue and deliver to the owner a
certificate of registration. The certificate shall contain the name and address of the
owner, a brief description of the vehicle, the registration number assigned and the
date of expiration of registration. The certificate shall be in such form and may
contain such additional information as the Secretary deems advisable.

(b)

The Deputy Registrar shall issue a duplicate certificate of registration upon
application thereof by any person in whose name the vehicle is registered and upon
payment of a fee of $10.00.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 7.
Band Act 62-24.

§ 109. Annual Registration Fees.
(a)

(b)

A registration fee as herein set forth shall be paid for all motor vehicles, not exempted
by 10 MLBS § 102, using the public streets or roads of the Mille Lacs Reservation for
each calendar year on the following basis:
(1)

During the first three years of vehicle life $115.00 per calendar year.

(2)

During the fourth through seventh years of vehicle life $67.00 per calendar
year.

(3)

During the eighth and succeeding years of vehicle life $46.00 per calendar
year.

(4)

A registration fee of $25.00 shall be paid for all motorcycles using the public
streets and roads of the Mille Lacs Reservation for each calendar year.

(5)

A two-wheeled utility trailer shall be registered annually for $25.00 or for a
one-time registration fee of $50.00.

(6)

Any recreational trailer with a gross weight of 3,000 pounds or less shall be
registered annually for $25.00 or for a one-time fee of $50.00. Any
recreational trailer with a gross weight of more than 3,000 pounds shall be
registered annually for $25.00 or for a one-time fee of $100.00.

Pro-rated fee - When a motor vehicle first becomes subject to registration during the
calendar year, the registration fee shall be for the remainder of the year prorated on a
monthly basis, one-twelfth of the annual registration fee for each calendar month or
fraction thereof.

16

Historical and Statutory Notes
Source:
Band Statute 1 097-MLC-52, § 11.
Band Act 62-24.

§ 110. When Fees Refundable.
(a)

The Mille Lacs Band shall not refund a fee paid to it except when expressly
authorized or directed by this section.

(b)

The Mille Lacs Band shall refund the unused portion of the registration fee paid for
the registration of a vehicle upon application for such refund upon a form prescribed
by the Mille Lacs Band and upon furnishing of such proof as the Secretary may
require that the vehicle will not be operated in the Mille Lacs Reservation during the
remainder of the period for which the vehicle is registered, and returns to the Mille
Lacs Band his certificate of registration and registration plates. The refund shall be
computed on a monthly basis, one-twelfth of the annual registration fee for each
calendar month or fraction thereof, during which the motor vehicle will not be used
on any road of the Mille Lacs Reservation.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 12.

§ 111. When Registration to be Suspended.
(a)

Any Justice of the Court of Central Jurisdiction for the Mille Lacs Band of Chippewa
Indians shall suspend the registration when:
(1)

The registration was completed through fraud or error and the person who
registered the vehicle does not or cannot register the vehicle properly; or

(2)

The required fee has not been paid and the same is not paid upon reasonable
notice and demand.

(b)

Any registration suspended pursuant to this section continues to be suspended until
reinstated by the Court. The Court shall reinstate the registration when the reason for
the suspension has been removed.

(c)

Whenever the registration of a vehicle is suspended under this section, the owner or
person in possession of the registration plates shall forthwith return them to the Mille

17

Lacs Band. Any person who fails to return the plates as required by this section shall
pay a fine of $100.00.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 17.
Band Act 62-24.

SUBCHAPTER 2
REGISTRATION PLATES
Section
141. Issuance and Delivery of Registration Plates.
142. Design of Registration Plates.
143. Display of Registration Plates.
144. Issuance of Duplicate Plates.
145. List of Registration Plates Issued.
146. Change of License Plate Without Registration.

§ 141 Issuance and Delivery of Registration Plates.
The Secretary upon registering a vehicle pursuant to this title shall issue and deliver prepaid to
the applicant two registration plates for each automobile, motor truck, motor bus, school bus or
self-propelled mobile home registered, and one plate for other vehicles registered unless the
Secretary believes that two plates will better serve the interests of law enforcement.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 8.

§ 142. Design of Registration Plates.
(a)

The Band Assembly shall determine the size, color, and design of registration plates
with a view toward making them visible evidence of the period for which the vehicle
is registered, as well as making them a ready means of identifying the specific vehicle
or owner for which the plates were issued.

(b)

All registration plates shall have displayed upon them the following:
(1)

The registration number of letters assigned to the vehicle or owner.

18

(2)

The name "Mille Lacs Band of Chippewa Indians" or an abbreviation thereof.

(3)

An indication of the period for which the specific plate is issued or the date of
expiration of registration.

(4)

All registration plates issued shall be treated with a reflectorized material.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, §§ 8.01, 8.02.

§ 143. Display of Registration Plates.
(a)

When two registration plates are issued for a vehicle, one such plates shall be
attached to the front and one to the rear of the vehicle. Whenever only one
registration plate is issued, it shall be attached to the rear.

(b)

Registration plates shall be attached firmly and rigidly in a horizontal position and in
a conspicuous place. The plates shall at all times be maintained in a legible condition
and shall be so displayed that they can be readily and distinctly seen and read. Any
peace officer may require the operator of any vehicle on which plates are not properly
displayed to display such plates as required by this section.

(c)

If anyone is found to violate the following, he or she shall pay a fine of $100.00:
(1)

A person who operates a vehicle for which current registration plate or insert
tag have been issued without such plate or tag being attached to the vehicle;

(2)

A person who operates a vehicle with a registration plate attached in a nonrigid or non-horizontal manner or in an inconspicuous place so as to make it
difficult to see and read the plate;

(3)

A person who operates a vehicle with a registration plate in an illegible
condition due to the accumulation of dirt or other foreign matter.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 9.
Band Act 62-24.

§ 144. Issuance of Duplicate Plates.

19

(a)

Whenever a current registration plate is lost, stolen, or destroyed, the owner of the
vehicle to which the plate was attached shall immediately apply to the Deputy
Registrar for replacement. The Deputy Registrar shall document the loss or theft of
any plate and shall not issue a plate with that number again. The Deputy Registrar
shall issue a replacement plate once the owner of the vehicle provides satisfactory
proof of the loss, theft, or destruction of the plate; pays of a fee of $10.00; pays the
cost of replacement; and completes a form documenting the loss, theft, or destruction
of the plate.

(b)

Whenever a current registration plate becomes illegible, the owner of the vehicle to
which the plate is attached shall apply to the Deputy Registrar for a replacement.
Upon receipt of satisfactory proof of illegibility, and upon payment of all costs and a
fee of $10.00, the Deputy Registrar shall issue a replacement. Upon receipt of his
replacement plate, the applicant shall forthwith surrender to the Deputy Registrar his
illegible plate.

(c)

When issuing a replacement plate, the Secretary may assign a new number and issue
a new plate rather than a duplicate of the original if in his judgment that is in the best
interest of economy or prevention of fraud. In such event, the person receiving the
replacement plates shall surrender both original plates, if two plates were issued.

(d)

Any person issued replacement plates who fails to surrender his or her illegible plates
as required by subsection (c) within 30 calendar days of issuance of the replacement
plates shall pay a fine of $50.00.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 10.
Band Act 62-24.

§ 145. List of Registration Plates Issued.
The Secretary shall keep an accurate and updated list of every registration plate issued, the
number thereof, the name of the owner and the description of the motor vehicle.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 10.04.

§ 146. Change of License Plate Without Registration.
A person may request a change of license plate outside their required annual registration. The
first time a person requests a change of license plate outside their registration date, they shall pay

20

$10.00. If a person requests a change of license plate outside their registration date more than
once, they shall pay $10.00 each time they request a change to their license plate.
Historical and Statutory Notes
Source:
Band Act 62-24.

CHAPTER 3
CERTIFICATES OF TITLE
Subchapter
1. General Provisions
2. Transfer of Title
3. Security Interests

Section
201
241
271

SUBCHAPTER 1
GENERAL PROVISIONS
Section
201. When Certificate of Title Required.
202. Prerequisite to Registration.
203. Application for Certificate of Title.
204. New Vehicles; Certificate of Origin.
205. Maintenance of Records.
206. Contents of Certificate of Title.
207. Grounds for Refusing Issuance of Certificate of Title.
208. Lost, Stolen or Mutilated Certificates.
209. Fees.
210. Suspension or Revocation of Certificate.

§ 201. When Certificate of Title Required.
The owner of a vehicle subject to registration on the Mille Lacs Reservation whether or not such
vehicle is operated on any roads of the Reservation, shall make application for certificate of title
for the vehicle under the following circumstances:
(a)

If he has newly acquired the vehicle.

21

(b)

If he applies for registration of a vehicle for which he does not hold a valid certificate
of title previously issued to him by the Secretary for the vehicle in question, he shall
at the same time apply for a certificate of title.

(c)

A vehicle which is presently in possession.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 18.

§ 202. Prerequisite to Registration.
An applicant's eligibility for a certificate of title is a prerequisite to registration of the vehicle. If
the applicant for registration holds a valid certificate of title previously issued to him by the
Secretary for the vehicle in question, that is prima facie evidence that he is the record owner of
the vehicle and he need not apply for a new certificate of title each time he applies for
registration.

Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 18.01
Cross References
Grounds for refusing registration, see 19 MLBS § 107.

§ 203. Application for Certificate of Title.
An application for a certificate of title shall be made to the Secretary upon a form prescribed by
him and shall be accompanied by the required fee. Each application for certificate of title shall
contain the following information:
(a)

The name and address of the owner.

(b)

A description of the vehicle, including make, model, identifying number and any
other information which the Secretary may reasonably require for proper
identification of the vehicle.

(c)

The date of purchase by the applicant, the name, and address of the person from
whom the vehicle was acquired and the names and addresses of any secured parties in
the order of their priority and the dates of their security agreements.
22

(d)

If the vehicle is a new vehicle being registered for the first time, the signature of the
dealer authorized to sell such new vehicle.

(e)

Any further evidence of ownership, which may reasonable be required by the
Secretary to enable him to determine whether the owner is entitled to a certificate of
title and the existence or non-existence of security interests in the vehicle.

(f)

If the vehicle is a used motor vehicle which was last previously registered in another
jurisdiction, the applicant shall furnish any certificate of ownership issued by the
other jurisdiction and a statement pertaining to the title history and ownership of such
motor vehicle, such statement to be in the form the Secretary prescribes, and shall
furnish a certification by a law enforcement officer, or by an employee designated by
the Secretary to the effect that the physical description of the motor vehicle has been
checked and conforms to the description given in the application.

(g)

Each applicant for a certificate of title shall surrender to the Secretary or his designee,
any and all other certificates of title issued by any other governmental agency of any
state which is held by the applicant or any other person or entity as a prerequisite to
receiving a certificate of title from the Non-Removable Mille Lacs Band of Chippewa
Indians.
The vehicle odometer reading with the owner's certification of the accuracy and that
to the best of his/her knowledge neither he/she or any other person has altered the
odometer.

(h)

Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 19.
Cross References
Fraudulent application for certificate of title, see 19 MLBS §§ 301, 302.
Tampering with odometer reading, see 19 MLBS § 303.

§ 204. New Vehicles; Certificate of Origin.
It is hereby specifically required that the automobile manufacturer's certificate of origin be
surrendered to the Secretary or his designee prior to any lawful registration and titling of any
new vehicle.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 19.01.

23

§ 205. Maintenance of Records.
The Secretary shall maintain a record of all applications and all certificates of title issued by him:
(a)

According to title number.

(b)

Alphabetically, according to name of owner.

(c)

In any other manner which the Secretary determines to be desirable.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 20.

§ 206. Contents of Certificate of Title.
(a)

Each certificate of title issued by the Secretary shall contain:
(1)
(2)

The name and address of the owner.
The names of any secured parties in the order of priority as shown on the
application, or if the application is based on another certificate of title, as
shown on such certificate.

(3)

The title number assigned to the vehicle.

(4)

A description of the vehicle, including make, model and identifying number.

(5)

Vehicle odometer reading and a certification of accuracy of the reading when
the vehicle is first registered and every time the ownership is transferred
thereafter.

(6)

Any other data which the Secretary deems pertinent and desirable.

(b)

The certificate of title shall contain forms for assignment and warranty of title by the
owner, and for assignment and warranty of title by a dealer, and may contain forms
for application for a certificate of title by a transferee and for the naming of a secured
party and the assignment or release of a security interest.

(c)

A certificate of title issued by the Secretary is prima facie evidence of the facts
appearing on it.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 21.

24

Cross References
Tampering with odometer, see 19 MLBS § 303.

§ 207. Grounds for Refusing Issuance of Certificate of Title.
The Secretary shall refuse issuance of a certificate of title if any required fee is not paid or if he
has reasonable grounds to believe that:
(a)

The person alleged to be the owner of the vehicle is not the owner; or

(b)

The application contains false or fraudulent statement; or

(c)

The applicant fails to furnish the information or documents required by this Statute.

(d)

The vehicle odometer reading is inaccurate or the vehicle odometer has been altered
in any manner so as to unlawfully alter the value of the vehicle.

Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, §22.
Cross References
Fraudulent application for certificate of title, see 19 MLBS §§ 301, 302.
Tampering with odometer reading, see 19 MLBS § 303.

§ 208. Lost, Stolen or Mutilated Certificates.
If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or
legal representative of the owner named in the certificate, as shown by the records of the
Secretary shall promptly make application for and may obtain a duplicate upon furnishing
information satisfactory to the Secretary. The duplicate certificate of title shall contain the legend
"This is a duplicate certificate and may be subject to the rights of a person under the original
certificate".
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 23.

25

§ 209. Fees.
The Secretary shall be paid the following fees:
(a)

For filing an application for the first certificate of title, $10.00 by the owner of the
vehicle.

(b)

For the original notation and subsequent release of each security interest noted upon a
certificate of title, a single fee of $10.00 by the owner of the vehicle.

(c)

For a duplicate certificate of title, $10.00 by the owner of the vehicle.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 24.
Band Act 62-24.

§ 210. Suspension or Revocation of Certificate.
(a)

The Secretary shall suspend or revoke a certificate of title if he finds:
(1)

The certificate of title was fraudulently procured, erroneously issued, or
prohibited by law; or

(2)

The vehicle has been scrapped, dismantled or destroyed; or

(3)

A transfer of title is set aside by a court by order or judgment.

(b)

Suspension or revocation of a certificate of title does not, in itself, affect the validity
of a security interested noted on it.

(c)

When the Secretary suspends or revokes a certificate of title, the owner or person in
possession of it shall, immediately upon receiving notice of the suspension or
revocation, mail or deliver the certificate to the Secretary.

(d)

The Secretary may seize and impound any certificate of title which has been
suspended or revoked.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 33.
Cross References
Fraudulent application for certificate of title, see 19 MLBS §§ 301, 302.

26

SUBCHAPTER 2
TRANSFER OF TITLE
Section
241. Transfer of Interest in Vehicle.
242. Death of Owner.
243. When Secretary to Issue New Certificate.
244. Penalties.

§ 241. Transfer of Interest in Vehicle.
(a)

If an owner transfers his interest in a vehicle other than by the creation of a security
interest, he shall at the time of the delivery of the vehicle execute an assignment and
warranty of title to the transferee in the space provided therefore on the certificate.
With respect to motor vehicles that are not twenty-six (26) years of age or older, the
transferor shall also, in the space provided therefore on the certificate state the true
cumulative mileage registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the transferor to be different from the true
mileage. The transferor shall cause the certificate and assignment to be mailed or
delivered to the transferee or the Band's Secretary of Treasury.

(b)

The transferee shall, promptly after delivery to him of the vehicle, execute the
application for a new certificate of title in the space provided therefore on the
certificate and cause the certificate and application to be mailed or delivered to the
Secretary.

(c)

A transfer by an owner is not effective until the provisions of this section have been
complied with. An owner who has delivered possession of the vehicle to the
transferee and has complied with the provisions of this section requiring action by
him is not liable as owner for any damages thereafter resulting from operation of the
vehicle.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 25.
Cross References
Fraudulent practices involving registration and titling of motor vehicle, see 19 MLBS § 302.

27

§ 242. Death of Owner.
When any person dies testate or intestate and said person is the legal owner of a vehicle
registered under the laws of the Non-Removable Mille Lacs Band of Chippewa Indians, the
Secretary shall issue a new certificate of title only upon receipt of an order from the Court of
Central Jurisdiction so directing any said issuance, provided that the new legal owner is a person
eligible to have said vehicle registered under the laws of this Band.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 25.05.

§ 243. When Secretary to Issue New Certificate.
The Secretary upon receipt of a properly assigned certificate of title, with an application for a
new certificate of title, the required fee and any other transfer documents required by statute, to
support the transfer, shall issue a new certificate of title in the name of the transferee as owner.

Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 26.

§ 244. Penalties.
(a)

An owner of a vehicle for which a certificate of title has been issued, who upon
transfer of the vehicle fails to execute and deliver the assignment and warranty of title
required by 19 MLBS § 241(a) shall pay a fine of $50.00.

(b)

Any transferee of a vehicle who fails to make an application for a new certificate of
title within 14 calendar days of the transfer to her or him of a vehicle shall pay a fine
of $100.00. A certificate is considered to have been applied for when the application
accompanied by the required fee has been delivered to the Deputy Registrar or
deposited in the mail properly addressed with postage required.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, §§ 25.03, 25.04.
Band Act 62-24.

28

SUBCHAPTER 3
SECURITY INTERESTS
Section
271. Perfection of Security Interests.
272. Duties on Creation of Security Interest.
273. Assignment of Security Interest.
274. Release of Security Interest.
275. Secured Party's Duties.
276. Owner's Duties.
277. Methods of Perfecting Exclusive.

§ 271. Perfection of Security Interests.
(a)

A security interest in a vehicle of a type for which a certificate of title is required is
not valid against creditors of the owner or subsequent transferees or secured parties of
the vehicle unless perfected as provided in this title.

(b)

A security interest in perfected by the delivery to the Secretary of the existing
certificate of title, if any, an application for a certificate of title containing the name
and address of the secured party and the date of his security agreement, the required
fee. It is perfected as of the time of its creation if such delivery is completed within 10
days thereafter.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 27.
Cross References
Applicability of statutes relating to remedies of creditors and Uniform Commercial Code, see 19 MLBS
§ 18.

§ 272. Duties on Creation of Security Interest.
If an owner creates a security interest in a vehicle:
(a)

The owner shall immediately execute, in the space provided therefore on the
certificate of title or on a separate form prescribed by the Secretary an
application to name the secured party on the certificate, showing the name
and address of the secured party and the date of his security agreement, and

29

cause the certificate, application and the required fee to be delivered to the
secured party.
(b)

The secured party shall immediately cause the certificate, application and the
required fee to be mailed or delivered to the Secretary.

(c)

Upon receipt of the certificate of title, application and the required fee, the
Secretary shall issue to the secured party a new certificate which contains the
name and address of the lien-holder.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 28.

§ 273. Assignment of Security Interest.
(a)

A secured party may assign, absolutely or otherwise, his security interest in the
vehicle to a person other than the owner without affecting the interest of the owner of
the validity of the security interest, but any person without notice of the assignment is
protected in dealing with the secured party as the holder of the security interest and
the secured party remains liable for any obligations as a secured party until the
assignee is named as secured party on the certificate.

(b)

The assignee may not need to perfect the assignment, have the certificate of title
endorsed or issue with the assignee named as secured party, upon delivering to the
Secretary the certificate and an assignment by the secured party named in the
certificate in the form the Secretary prescribes.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 29.

§ 274. Release of Security Interest.
(a)

Whenever there is no outstanding obligation and no commitment to make advances,
incur obligations or otherwise give value, secured by the security interest in a vehicle
under any security agreement between the owner and the secured party, the secured
party shall execute and deliver to the Deputy Registrar a release of the security
interest in the form and manner prescribed by the Secretary. If the secured party fails
to execute and deliver such a release within ten (10) calendar days after receipt of the
owner's written demand therefore he or she shall be liable to the owner for $50.00 and
for any loss caused to the owner by such failure.

30

(b)

The owner, other than a dealer holding the vehicle for resale, shall promptly cause the
certificate and release to be mailed or delivered to the Secretary, which shall release
the secured party's rights on the certificate and issue a new certificate.
Historical and Statutory Notes

Source:
Band Statute 1097-ML-52, § 30.
Band Act 62-24.

§ 275. Secured Party's Duties.
(a)

A secured party named in a certificate of title shall, upon written request of the owner
or of another secured party named on the certificate, disclose any pertinent
information as to his security agreement and the indebtedness se cured by it.

(b)

Any secured party who fails to disclose information pursuant to subsection (a) shall
be liable for any loss caused to owner thereby.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 31.

§ 276. Owner's Duties.
(a)

An owner shall promptly deliver his certificate of title to any secured party who is
named on it or who has a security interest in the vehicle described in it upon receipt
of a notice from such secured party that his security interest is to be assigned,
extended or perfected.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, §§ 31.01, 31.03.
Band Act 62-24.

§ 277. Methods of Perfecting Exclusive.
The method provided in this title of perfecting and giving notice of security interests subject to
this title is exclusive.
Historical and Statutory Notes
Source:

31

Band Statute 1097-MLC-52, § 32.

CHAPTER 4
FRAUDULENT PRACTICES
Section
301. Fraudulent Application for Certificate of Title.
302. Fraudulent Practices Involving Registration and Titling of Motor Vehicle.
303. Tampering with Odometer Reading.
304. Improper use of Evidence of Registration.
305. False Evidence of Registration.

§ 301. Fraudulent Application for Certificate of Title.
A person who with fraudulent intent uses a false or fictitious name or address, or makes a
material false statement, or fails to disclose a security interest, or conceals any other material
fact) in an application for a certificate of title or submits a false, forged, or fictitious document in
support of an application for a certificate of title, shall be guilty of fraud and may be sentenced to
a term of not more than 180 days incarceration, a five hundred dollar fine or exclusion from the
Band for not more than 180 days, or all of the above.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 14.
Cross References
Application for certificate of title, see 19 MLBS § 203.
Grounds for refusing issuance of certificate of title, see 19 MLBS § 207.
Suspension or revocation of certificate of title, see 19 MLBS § 210.

§ 302. Fraudulent Practices Involving Registration and Titling of Motor Vehicle.
A person is in violation of the provisions of this title who with fraudulent intent permits another,
not entitled thereto, to use or have possession of a certificate of title, who willfully fails to mail
or deliver a certificate of title to the Secretary of Treasury within ten days after legal sale or
transfer of interest; who commits fraud in any application for a certificate of title, who fails to
notify the Secretary of Treasury or his designee of any fact required under the provisions of this
title; or, who willfully violates any provisions of this Statute shall be guilty of fraudulent

32

practices involving the registration and titling of a motor vehicle and upon conviction sentenced
to up to 180 days incarceration and/or a fine of up to five hundred dollars.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 14.01.
Cross References
Application for certificate of title, see 19 MLBS § 203.
Grounds for refusing issuance of certificate of title, see 19 MLBS § 207.
Transfer of interest in vehicle, certificates of title, see 19 MLBS § 241.

§ 303. Tampering with Odometer Reading.
Any person who knowingly tampers with or alters a motor vehicle odometer reading, or causes
another person to alter or tamper with a motor vehicle odometer reading, shall be guilty of fraud
and may be sentenced to a term of not more than 180 days incarceration and a punitive fine not
to exceed five hundred dollars. Any person so convicted pursuant to the provisions of this section
is liable for all Court costs including compensatory damages that result from his/her unlawful
acts payable to the injured party at the direction of the Court.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 14.02.
Cross References
Application for certificate of title, see 19 MLBS § 203.
Contents of certificate of title, see 19 MLBS § 206.
Grounds for refusing issuance of certificate of title, see 19 MLBS § 207.
Suspension or revocation of certificate of title, see 19 MLBS § 210.

§ 304. Improper Use of Evidence of Registration.
Any person who does any of the following shall pay a fine of $50.00:
(a)

Lends to another a registration plate, knowing that the person borrowing the plate is
not authorized by law to use it; or

(b)

Display upon a vehicle a registration plate not issued for such vehicle, or not
otherwise authorized by law to be used thereon; or

33

(c)

Willfully twists, paints, alters or adds to, or cuts off any portion of a registration plate
or sticker; or who places or deposits, or causes to be placed or deposited on such plate
or sticker any substance to hinder the normal reading of such plate; or who defaces,
disfigures, changes or attempts to change any letter or figure thereon.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 15.
Band Act 62-24.

§ 305. False Evidence of Registration.
Whoever operates or has in his possession a motor vehicle, mobile home, trailer or semitrailer or
other vehicle subject to registration which has attached thereto any plate or similar device
fashioned in imitation of or altered so as to resemble the current registration plate issued by the
Mille Lacs Band shall pay a fine of $50.00.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 16.
Band Act 62-24.

CHAPTER 5
TRAFFIC VIOLATIONS
Section
401. Driver's License.
402. Insurance.
403. Careful and Prudent Driving; Speed.
404. Reckless Driving.
405. Driving Under Influence of Alcohol or Controlled Substance.
406. Open Bottle Law.
407. Parking in Restricted Area.
408. Definitions.
409. Signs, Signals Marking.
410. Unauthorized Signs.
411. Unlawful to Possess, Alter or Remove Signs.
412. Accidents.
413. Impeding Traffic.
414. Emergency Vehicles.
415. Right of Way.
416. Operation of Bicycles.
417. Stopping, Standing and Parking.
34

418. Police May Move Cars.
419. Good Samaritan.
420. Obstructing View of Driver.
421. Littering.
422. School Buses.
423. Hitching Behind Vehicles.
424. Vehicle Lighting.
425. Head Lamps.
426. Rear Lamps.
427. Vehicle Signals.
428. Brakes.
429. Horns.
430. Mufflers.
431. Rear View Mirrors.
432. Windshields.
433. Surface of Tires; Tires with Metal Studs.
434. Offenses et al.
435. Interpretation and Effect.
436. Uniform Traffic Ticket.
437. Fine.
438. Guilty Plea.

Historical and Statutory Notes
Band Statute 1097-MLC-52, § 35.11 provides: The following addition provisions of Minnesota Statues
Chapter 169 relating to the Highway Traffic Regulations shall be incorporated by reference as traffic
regulations of the Mille Lacs Band of Chippewa Indians.
Minnesota Statute
Chapter 169.01
169.06
169.07
169.08
169.09
169.15
169.17
169.20
169.222
169.32 and 169.34
169.33
169.342
169.37
169.42 and 169.421
169.44
169.46
169.48

Title
Definitions
Signs, Signals Marking
Unauthorized Signs
Unlawful to Possess, Alter, Deface, or
Remove Signs
Accidents
Impeding Traffic
Emergency Vehicles
Right of Way
Operation of Bicycles
Stopping, Standing, and Parking
Police May Move Cars
Good Samaritan
Obstructing View of Driver
Littering
School Buses
Hitching Behind Vehicle
Vehicle Lighting

35

Band Codification Section
35.12
35.13
35.14
35.15
35.16
35.17
35.18
35.19
35.20
35.21
35.22
35.23
35.24
35.25
35.26
35.27
35.29

169.49
169.50
169.57
169.67
169.68
169.69
169.70
169.71
169.72
169.90-169.95,
inclusive
169.96
169.99

Head Lamps
Rear Lamps
Vehicle Signals
Brakes
Horns
Mufflers
Rear View Mirrors
Windshields
Surface of Tires, Tires with Metal Studs
Offenses et al.

35.29
35.20
35.21
35.32
35.33
35.34
35.35
35.36
35.37
35.37

Interpretation and Effect
Uniform Traffic Ticket

35.39
35.40

§ 401. Driver's License.
(a)

Any person who shall drive or operate any motor vehicle which is self-propelled and
any vehicle propelled or drawn by a self-propelled vehicle, and not deriving its power
from overhead wires with the exception of snowmobiles, shall do so under a valid
license issued by any domestic or foreign Department of Public Safety. Any privilege
to operate a motor vehicle which is suspended by the Commissioner of Public Safety
shall also suspend said right on roads under the jurisdiction of the Band. Any person
who shall operate any motor vehicle without a license, shall be deemed guilty of an
offense and upon conviction thereof, shall pay a fine of $500.00.

(b)

Any person who is licensed in good standing to operate a motor vehicle shall have
his/her license in her or his immediate possession at all times when operating a motor
vehicle and shall display the same upon demand of an officer authorized by law to
enforce provisions of this title. However, no person shall be found guilty of a lack of
possession offense if he shall produce a valid driver's license to the Law Enforcement
Administration within five (5) calendar days of the date of a citation. Any person who
fails to produce a valid driver's license shall be deemed guilty of an offense, and upon
conviction thereof, shall pay a fine of $200.00, and be required to post an assurance
bond in an amount deemed appropriate by the Court.

(c)

Any person whose driver's license or driving privilege has been suspended shall not
operate a motor vehicle under any loan, lease or rental conditions from any licensed
owner of a motor vehicle, except under conditions of emergency medical care for
another person. Any person who shall so act, shall be deemed guilty of an offense,
and upon conviction thereof, shall pay a fine of $500.00.
Historical and Statutory Notes

Source:
Band Statute 1164-MLC-6, §§ 53.01, 53.03, 53.04.
Band Statute 1097-MLC-52, §§ 35.01, 35.03, 35.04.

36

Band Act 62-24.

§ 402. Insurance.
(a)

Any person who shall own a motor vehicle of a type which is required to be
registered under the laws of the Non-Removable Mille Lacs Band of Chippewa
Indians or licensed or is principally garaged on lands under the jurisdiction of the
Non-Removable Mille Lacs Band of Chippewa Indians shall maintain during the
period in which operation or use is contemplated a plan of reparation insuring against
loss resulting from liability imposed by law for injury and property damage sustained
by any person arising out of the ownership, maintenance, operation or use of the
motor vehicle. The non-resident owner of a motor vehicle which is not required to be
registered or licensed, or which is not principally garaged on lands under the
jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians, shall
maintain such security in effect continuous throughout the period of operation,
maintenance or use of such motor vehicle on the roads under the jurisdiction of the
Non-Removable Mille Lacs Band of Chippewa Indians with respect to accidents that
occur on lands under the jurisdiction of the Non-Removable Mille Lacs Band of
Chippewa Indians. Any person who shall operate a motor vehicle on lands under the
jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians without
motor vehicle insurance coverage, shall be deemed guilty of operating a motor
vehicle without insurance, and upon conviction thereof, shall pay a fine of $500.00.

(b)

Upon the request of a law enforcement official, any person operating a vehicle
registered under the laws of the Band, shall display to said officer proof of vehicle
insurance. Failure to provide such proof within seven (7) days from the date of
request, shall be grounds for the Court to order the seizure of the vehicle license plate
and/or vehicle.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, §§ 35.08, 35.42.
Band Statute 1164-MLC-6, § 54.08.
Band Act 62-24.
Cross References
Government employees, summary dismissal, see 6 MLBS § 103.

§ 403. Careful and Prudent Driving; Speed.
(a)

Every person operating a vehicle of any character on a public road within the
territorial jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians
shall drive in a careful and prudent manner, and generally at a rate of speed no greater

37

than is reasonable and proper, and so as not to unduly or unreasonably endanger the
life, limb, property or other rights of any person entitled to the use of the road. A
speed limit of 30 miles per hour is established as reasonable and proper.
(b)

No person shall drive a vehicle on any road under the jurisdiction of the NonRemovable Mille Lacs Band of Chippewa Indians at a speed greater than is
reasonable and prudent under the conditions and having regard to the actual and
potential hazards then existing. In every event, speed shall be so restricted as may be
necessary to avoid colliding with any person, vehicle or other conveyance on or
entering the roads in compliance with the legal requirement and the duty of all
persons to use due care.

(c)

Where no special hazard exists, a speed limit of 30 miles per hour shall be lawful, but
any speeds in excess of such limit shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful. Whosoever violates the provisions of
this subsection shall be deemed guilty of a speeding offense, and upon conviction
thereof, shall pay a fine of $200.00 for the first offense, and an additional $200.00 for
each conviction thereafter. Any person whom the Court deems to be a habitual
speeder after two convictions within a six-month period of time shall be required to
forfeit driving privileges and to post an assurance bond in the amount of $500.00.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 35.
Band Statute 1164-MLC-6, § 53.
Band Act 62-24.

§ 404. Reckless Driving.
Any person who drives or operates any motor vehicle, or any other vehicle, including a
snowmobile and three-wheel vehicle, in a manner dangerous to the public safety, shall be
deemed guilty of an offense of reckless driving, and upon conviction thereof, shall pay a fine of
$500.00. Additionally, at the discretion of the Court, the privilege to operate a motor vehicle on
any road under the jurisdiction of the Band may be suspended for a period not to exceed 180
days.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.02.
Band Statute 1164-MLC-6, § 53.02.
Band Act 62-24.

§ 405. Driving Under Influence of Alcohol or Controlled Substance.

38

Any person who shall operate, drive or be in physical control of any motor vehicle on the roads
under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians, when such
person is under the influence of alcohol, or when such person is under the influence of a
controlled substance, or when such person is under the influence of any combination of the
above two conditions, or when any such person’s alcohol concentration is 0.10 or more, shall be
deemed guilty of driving under the influence, and upon conviction thereof, shall pay a fine of
$500.00, and may be required to post an assurance bond in an amount at the discretion of the
Court.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.05
Band Statute 1164-MLC-6, § 53.05.
Band Act 62-24.
Cross References
Government employees, summary dismissal, see 6 MLBS § 103.
Prohibited drugs, see 23 MLBS § 1.

§ 406. Open Bottle Law.
Any person who shall have in his/her possession on his person while in a private motor vehicle
upon the roads under the jurisdiction of the Band, any bottle or receptacle containing intoxicating
liquor or non-intoxicating malt liquor which has been opened, or the seal broken, or the contents
of which have been partially removed. Additionally, no person shall drink or consume
intoxicating liquors or non-intoxicating malt liquor in any motor vehicle when such vehicle is
upon the roads under the jurisdiction of the Band. A utility compartment or glove compartment
shall be deemed to be the same as "on his or her person." A person who violates the provisions of
this section shall be deemed guilty of an open bottle offense, and upon conviction thereof, shall
pay a fine of $500.00.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.06.
Band Statute 1164-MLC-6, § 53.06.
Band Act 62-24.
Cross References
Government employees, summary dismissal, see 6 MLBS § 103.
Seizure and confiscation of substances found in motor vehicle, see 19 MLBS § 503.
Seizure and confiscation of substances found in watercraft, see 20 MLBS § 405.

39

§ 407. Parking in Restricted Area.
Any employee who shall park her or his vehicle in a restricted area in violation of any order
lawfully issued by the Commissioner of Administration, shall be liable upon conviction for a fine
of $50.00. The Commissioner of Administration is hereby authorized to promulgate regulations
governing all parking areas of employees' vehicles during employment hours. All regulations of
the Commissioner of Administration shall be effective ten (10) calendar days after public posting
in officially designated areas or five (5) calendar days after an electronic notification has been
sent to employees. The Commissioner of Administration shall by order, designate an area of each
band-owned building for such notices no later than Friday, October 3, 1986.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.43.
Band Act 62-24.
Cross References
Parking areas for employees, see Admin. Comm. Order 22-85.

§ 408. Definitions.
[See Historical and Statutory Notes preceding 19 MLBS § 401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.12

§ 409. Signs, Signals Marking.
[See Historical and Statutory Notes preceding 19 MLBS § 401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.13.

§ 410. Unauthorized Signs.
[See Historical and Statutory Notes preceding 19 MLBS § 401]
Historical and Statutory Notes

40

Source:
Band Statute 1097-MLC-52, § 35.14.

§ 411. Unlawful to Possess, Alter or Remove Signs.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.15.

§ 412. Accidents.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.16.

§ 413. Impeding Traffic.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.17.

§ 414. Emergency Vehicles.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.18.

§ 415. Right of Way.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes

41

Source:
Band Statute 1097-MLC-52, § 35.19.

§ 416. Operation of Bicycles.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.20.

§ 417. Stopping, Standing and Parking.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.21.

§ 418. Police may Move Cars.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.22.

§ 419. Good Samaritan.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.23.

§ 420. Obstructing View of Driver.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes

42

Source:
Band Statute 1097-MLC-52, § 35.24.

§ 421. Littering.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.25.

§ 422. School Buses.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.26.

§ 423. Hitching Behind Vehicles.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.27.

§ 424. Vehicle Lighting.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.28.

§ 425. Head Lamps.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes

43

Source:
Band Statute 1097-MLC-52, § 35.29.

§ 426. Rear Lamps.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.30.

§ 427. Vehicle Signals.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.31.

§ 428. Brakes.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.32.

§ 429. Horns.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.33.

§ 430. Mufflers.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes

44

Source:
Band Statute 1097-MLC-52, § 35.34.

§ 431. Rear View Mirrors.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.35.

§ 432. Windshields.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.36.

§ 433. Surface of Tires; Tires with Metal Studs.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.37.

§ 434. Offenses et al.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.38.

§ 435. Interpretation and Effect.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes

45

Source:
Band Statute 1097-MLC-52, § 35.39.

§ 436. Uniform Traffic Ticket.
[See Historical and Statutory Notes preceding 19 MLBS §401]
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 35.40.

§ 437. Fine.
The Court of Central Jurisdiction, shall impose a fine of $50.00 for each violation of the
provisions of Minnesota Statutes Chapter 169 relating to highway traffic regulations that have
been incorporated by reference as traffic regulations of the Mille Lacs Band of Chippewa Indians
upon conviction of violating any said regulation. This section applies only to violations found in
19 MLBS §§ 402(b), 408-436, and 504(b).
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 38.03.
Band Act 62-24.

§ 438. Guilty Plea.
Any person cited by a law enforcement officer of the Mille Lacs Band for violation of traffic
regulations found in 19 MLBS §§ 402(b), 408-436, and 504(b) who desires to plead guilty and
forego judicial process may pay a fine of $50.00 for each such violation. Payment of the fine
constitutes an admission of guilt.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52. § 38.04.
Band Act 62-24.

CHAPTER 6

46

POLICE POWERS
Section
501. Powers of Natural Resource Officer.
502. Powers of Law Enforcement Officer.
503. Seizure and Confiscation of Substances and Vehicles.
504. Hindering, Resisting, Obstructing or Disobeying Law Enforcement Officer.
505. Notice to Appear.

§ 501. Powers of Natural Resource Officer.
(a)

Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of
Chippewa Indians is hereby authorized and empowered to enforce the provisions of
this title and to execute and serve all warrants and processes issued by any Justice of
the Court of Central Jurisdiction under any law of the Mille Lacs Band of Chippewa
Indians. Any Natural Resource Officer may arrest without a warrant any person under
the jurisdiction of the Band detected in the actual violation of any provisions of Band
law, and to take such person before the Court of Central Jurisdiction and make a
proper complaint.

(b)

For purposes of enforcing the provisions of this title any duly sworn Natural Resource
Officer shall be considered as a duly sworn law enforcement officer of the Band.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 36.

§ 502. Powers of Law Enforcement Officer.
Any duly sworn law enforcement officer is hereby authorized and empowered to enter upon any
trust land within the jurisdiction of the Band for the purpose of carrying out the duties and
functions of his office, or to make investigations of any violation of the Band's motor vehicle
laws, and in aid thereof to take affidavits upon oath administered by him, and to cause
proceedings to be instituted if proofs at hand warrant it.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 36.02.

§ 503. Seizure and Confiscation of Substances and Vehicles.

47

(a)

Any duly sworn Natural Resource Officer of the Non-Removable Mille Lacs Band of
Chippewa Indians is hereby authorized and empowered to seize and confiscate in the
name of the Band, any substance described in 9 MLBS § 406 or 23 MLBS §§ 1 (a) or
7 which is possessed in a motor vehicle operated on the roads of the Band in violation
of the appropriate statutory section. Anything seized or confiscated shall be held by
the Band until proper determination of the case by the Court of Central Jurisdiction is
finalized.

(b)

Any duly sworn law enforcement officer of the Band is hereby authorized and
empowered to seize and confiscate in the name of the Band, any vehicle in which
substances described in subsection (a) are found. Any vehicle so seized, impounded
or confiscated shall be held by the Band until proper determination of the case by the
Court of Central Jurisdiction is finalized. It shall be the responsibility of the record
owner of the vehicle to pay for all costs associated with any seizure, confiscation or
impoundment action initiated by a Law Enforcement Officer in the performance of
his duty. The Mille Lacs Band of Chippewa Indians, any of its officers, agents and
employees, shall not be liable for damages to any vehicle so seized, confiscated or
impounded.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 36.04.

Cross References
Actions challenging seizure of property, see 19 MLBS § 13.
Search without warrant, see 24 MLBS § 4108.
Unreasonable searches and seizures, see 1 MLBS § 2.

§ 504. Hindering, Resisting, Obstructing or Disobeying Law Enforcement Officer.
(a)

It shall be illegal for any person under the jurisdiction of the Band to willfully hinder,
resist, or obstruct a duly sworn law enforcement officer of the Band in the
performance of his official duty, or refuse to submit anything called for by him for his
inspection.

(b)

It is a misdemeanor for any person to willfully fail or refuse to comply with any
lawful order or direction of any law enforcement officer invested by law with
authority to direct, control or regulate traffic on roads subject to the jurisdiction of the
Mille Lacs Band.
Historical and Statutory Notes

Source:

48

Band Statute 1097-MLC-52, §§ 35.41, 37.
Cross References
Fine, see 19 MLBS §§ 437, 438.

§ 505. Notice to Appear.
When a person is arrested for any violation of law which is punishable as a civil misdemeanor
and is not taken into custody and immediately taken before the Court, the arresting officer shall
prepare in quadruplicate, written notice to appear before the Court. This notice has the effect of,
and serves as a summons and complaint. Said notice shall conform with applicable provisions of
the United States Government, United States Department of Interior, Title 25-Indians. In order to
secure release, without being taken into custody and immediately taken before the Court, the
arrested person must give his written promise so to appear before the Court by signing, in
quadruplicate, a written notice prepared by the arresting officer. The officer shall retain the
original of the notice and deliver the copy thereof marked "summons" to the person arrested.
Thereupon the officer shall release the person from custody. If the person so summoned fails to
appear on the return day, the Court shall issue a warrant for his arrest, and upon his arrest
proceedings shall be had as in any other case.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 36.01.

CHAPTER 7
PARKING PRIVILEGES FOR PHYSICALLY HANDICAPPED PERSONS
Section
601. Definitions.
602. License Plates for Handicapped Persons.
603. Identifying Certificate.
604. Scope of Privilege.
605. Prohibition.
606. Signs; Parking Spaces to Be Free of Obstructions.
607. Penalty.

§ 601. Definitions.
For the purposes of this chapter "physically handicapped person" means a person who:
(a)

because of disability cannot walk without significant risk of falling;

49

(b)

because of disability cannot walk 200 feet without stopping to rest;

(c)

because of disability cannot walk without the aid of another person, a walker, a cane,
crutches, braces, a prosthetic device, or a wheelchair;

(d)

is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometer, is less
than one meter;

(e)

has an arterial oxygen tension (PA02) of less than 60 mm/hg on room air at rest;

(f)

uses portable oxygen; or

(g)

has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class IV according to standards set by the American Heart
Association.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, §§ 52.04, 52.052.

§ 602. License Plates for Handicapped Persons.
(a)

When a motor vehicle registered under 19 MLBS § 106, or a self-propelled
recreational vehicle, is owned or primarily operated by a permanently physically
handicapped person, the owner may apply for and secure from the Deputy Registrar
of the Mille Lacs Band two license plates with attached emblems, one plate to be
attached to the front, and one to the rear of the vehicle. Application for the plates
must be made at the time of renewal for first application for registration when the
owner first applies for the plates, the owner must submit a physician's statement on a
form developed by the Deputy Registrar of the Mille Lacs Band of Chippewa Indians.

(b)

The Deputy Registrar of the Mille Lacs Band of Chippewa Indians shall furnish two
license plates with attached emblems to each eligible owner. The emblem must bear
the internationally accepted wheelchair symbol, approximately three inches square.
The emblem must be large enough to be visible plainly from a distance of 50 feet. An
applicant eligible for the special plates shall pay the motor vehicle registration fee
authorized by law less a credit of $1 for each month registered.

(c)

If a physically handicapped person parks a vehicle displaying license plates described
in this section or any person parks the vehicle for a physically handicapped person,
that person shall be entitled to park the vehicle as provided in 19 MLBS § 604.

50

(d)

A person who uses the plates provided under this section on a motor vehicle in
violation of this section is guilty of an offense and is subject to a fine of $500. This
subdivision does not preclude a person who is not physically handicapped from
operating a vehicle bearing the plates if the person is the owner of the vehicle and
permits its operation by a physically handicapped person, or if the person operates the
vehicles with the consent of the owner who is physically handicapped. A driver who
is not handicapped is not entitled to the parking privileges provided in this section and
in 19 MLBS § 604 unless parking the vehicle for a physically handicapped person.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 52.
Cross References
Registration plates, see 19 MLBS § 141.

§ 603. Identifying Certificate.
(a)

The Deputy Registrar of the Mille Lacs Band shall issue a special identifying
certificate for a motor vehicle when a physically handicapped applicant submits a
physician's statement. The Deputy Registrar shall design separate certificates for
persons with permanent and temporary disabilities that can be readily distinguished
from each other from outside a vehicle at a distance of 25 feet. The certificate is valid
for the duration of the persons disability, as specified in the physician's statement, up
to a maximum of six years. A person with a disability of longer duration will be
required to renew the certificate for additional period of time, up to six years each, as
specified in the physician statement.

(b)

The Reciprocity Director shall develop a form for the physician's statement. The
statement must be signed by a licensed physician who certifies that the applicant is a
physically handicapped person as defined in 19 MLBS § 601 The Director of
Reciprocity may request additional information from the physician if needed to verify
the applicant's eligibility. The Physician's statement must specify whether the
disability is permanent or temporary, and if temporary, the opinion of the physician as
to the duration of the disability. A physician who fraudulently certifies to the Director
of Reciprocity that a person is a physically handicapped person as defined in
19 MLBS § 601, and that the person is entitled to the license plates authorized by
19 MLBS § 602 or to the certificate authorized by this section, is guilty of an offense
and is subject to a fine of $500.00.

(c)

When the Deputy Registrar is satisfied that a motor vehicle is used primarily for the
purpose of transporting physically handicapped persons, the division may issue
without charge a special identifying certificate for the vehicle. The operator of a
vehicle displaying the certificate has the parking privileges provided in 19 MLBS

51

§ 604 while the vehicle is in use for transporting physically handicapped persons. The
certificate issued to a person transporting physically handicapped persons must be
renewed every third year. On application and renewal, the person must present
evidence that the vehicle continues to be used for transporting physically handicapped
persons.
(d)

A certificate must be made of plastic or similar durable material, must be distinct
from certificates issued before January 1, 1988, and must bear its expiration date
prominently on its face. A certificate issued to a temporarily disabled person must
display the date of expiration of the duration of the disability, as determined under
subsection (a). Each certificate must have printed on the back a summary of the
parking privileges and restrictions that apply to each vehicle in which it is used. The
Deputy Registrar may charge a fee of $10.00 for a duplicate to replace a lost, stolen,
or damaged certificate.

(e)

If a peace officer finds that the certificate is being improperly used, the officer shall
report the violation to the law enforcement officers of the Non-Removable Mile Lacs
Band of Chippewa Indians and the Deputy Registrar may revoke the certificate. A
person who uses the certificate in violation of this section, is guilty of an offense and
is subject to a fine of $500.00.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, §§ 52.053-52.055.
Band Act 62-24.

§ 604. Scope of Privilege.
(a)

A vehicle that prominently displays the certificate authorized by this chapter may be
parked by or for a physically handicapped person:
(1)

in a designated handicapped parking place, as provided in 19 MLBS § 605,
and;

(2)

in a metered parking space without obligation to pay the meter fee.

(b)

For purpose of this section, a certification is prominently displayed if it is displayed
on the dashboard in the left hand corner of the front windshield of the vehicle with no
part of the Certificate obscured.

(c)

Notwithstanding paragraph 1 of subsection (a), this section does not permit parking in
the areas prohibited by 19 MLBS § 605, spaces reserved for specified purposes or
vehicles.
Historical and Statutory Notes

52

Source:
Band Statute 1097-MLC-52, § 52.05.

§ 605. Prohibition.
A person shall not: park a motor vehicle in or obstruct access to a parking space designated and
reserved for the physically handicapped, on either private or public property; park a motor
vehicle in or obstruct access to an area designated by a local governmental unit as a handicapped
transfer zone; or exercise the parking privilege provided in 19 MLBS § 604 unless:
(a)

That person is physically handicapped person as defined in 19 MLBS § 601,
or the person is transporting or parking a vehicle for a physically handicapped
person; and

(b)

The vehicle visibly displays one of the following: a certificate issued under
19 MLBS § 603, or an equivalent certificate, insignia, or license plate issued
by Minnesota or another state or one of its political subdivisions
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 52.06.

§ 606. Signs; Parking Spaces to Be Free of Obstructions.
(a)

Handicapped parking spaces must be designated and identified by the posting of signs
incorporating the international symbol of access in white on blue and indicating that
the parking space is reserved for handicapped persons with vehicles displaying the
required certificate, license plates or insignia. A sign posted for the purpose of this
section must be visible from inside a vehicle parked in the space, be kept clear of
snow or other obstruction which block its visibility, and be non-movable or only
movable by authorized person.

(b)

The owner or manager of the property on which the designated parking space is
located shall ensure that the space is kept free of obstruction. If the owner or manager
allows the space to be blocked by snow, merchandise or similar obstruction for 24
hours after receiving a warning from a peace officer, the owner or manager is guilty
of an offense and subject to a fine up to $1000.00.
Historical and Statutory Notes

Source:
Band Statute 1097-MLC-52, § 52.07.
Band Act 62-24.

53

§ 607. Penalty.
A person who violates 19 MLBS § 605 is guilty of an offense and shall pay a fine of $200.00.
This chapter shall be enforced in the same manner as violations of other Band Statutes. Law
Enforcement Officers have the authority to tag vehicles parked on reservation property in
violation of 19 MLBS §605. A physically handicapped person, or a person parking a vehicle for
a handicapped person, who is charged with violating 19 MLBS § 605 because the person parked
in a handicapped parking space without the required certificate or license plates, shall not be
convicted if the person produces in court or before the court appearance the required certificate
or evidence that the person has been issued license plates under this chapter, and demonstrate
entitlement to the certificate or plates at the time of arrest or tagging.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, § 52.08.
Band Act 62-24.
Cross References
Criminal procedure, see 24 MLBS § 4001.

54

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aminn_chippewa_mille_lacs%3A52fb98d8e3a075f3. Public record. Not legal advice.