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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A15558ca0f8eaeac6

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Oneida Nation
Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 02-14-24-A
Amendments to the Clean Air Policy
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Clean Air Policy (“the Law”) was adopted by motion of the Oneida Business Committee
on May 25, 1994, and amended by resolutions BC-02-24-10-I, BC-05-28-14-A; and

WHEREAS,

the purpose of this Law is to provide a healthy working and learning environment within
buildings and vehicles owned and operated by the Nation by prohibiting smoking; and

WHEREAS

currently, the Law provides that no person may smoke in any building owned or operated
by the Nation, in any vehicle owned or operated by the Nation, or within thirty (30) feet of
any building owned or operated by the Nation, except that a person may smoke within thirty
(30) feet of the retail outlets or any gaming establishments; and

WHEREAS,

the Law provides various exemptions from the prohibition against smoking; and

WHEREAS,

the amendments to the Law provide a new exemption to the prohibition of smoking, which
is a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco product,
unless prohibited by Oneida Retail or the terms and conditions of the lease or land or
building assignment; and

WHEREAS,

the amendments to the Law further clarify the exemption to the prohibition of smoking for
residential buildings owned by the Nation only applies if not otherwise prohibited by a lease
or rental agreement; and

WHEREAS,

the amendments to the Law eliminate the requirement that a suspension for a second
violation of this law be one (1) week in length, providing the supervisor and HRD greater
flexibility in determining a suspension length that best fits the violation; and

WHEREAS,

the amendments to the Law make other minor drafting changes, such as changing the title
from the Clean Air Policy to the Clean Air law; and

BC Resolution # 02-14-24-A
Amendments to the Clean Air Policy
Page 2 of 2

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law
through collaboration with representatives from the Oneida Law Office, Gaming, Retail,
Comprehensive Health Division, and Environmental, Health, Safety, Land, and Agriculture
Division; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact
statement were completed for the proposed amendments to the Law; and

WHEREAS,

a public meeting for the proposed amendments to this Law was held on December 15,
2023, with two (2) individuals providing oral comments, and the public comment period for
the amendments to this Law was held open until December 26, 2023, with four (4)
individuals providing written comments; and

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments
received on January 3, 2023, and any changes have been incorporated into this draft; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments
to the Clean Air law which shall become effective on February 28, 2024.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida
Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members
were present at a meeting duly called, noticed and held on the 14th day of February, 2024; that the forgoing
resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0
members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________
Lisa Liggins, Secretary
Oneida Business Committee
*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A15558ca0f8eaeac6. Public record. Not legal advice.