# Oneida Business Committee (2022) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2548316e89a62f8a ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 1 of 65 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA - REVISED Business Committee Conference Room - 2nd Floor Norbert Hill Center June 1, 2022 9:00 a.m. I. Call to Order and Approval of the Agenda II. Minutes to be Approved 1. May 18, 2022 LOC Meeting Minutes (pg. 2) III. Current Business 1. Healing to Wellness Court Law (pg. 4) IV. New Submissions 1. Emergency Adoption of the Oneida Nation Assistance Fund Law (pg. 23) V. Additions 1. Elder Assistance Program Law (pg. 39) VI. Administrative Updates VII. Executive Session VIII. Recess/Adjourn A good mind. A good heart. A strong fire. 2 of 65 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov r'\ mooao ONEIDA LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center May 18, 2022 9:00 a.m. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Kirby Metoxen Others Present: Clorissa N. Santiago, Shannon Davis, Eric Boulanger (Microsoft Teams), Amy Spears (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Nic Reynolds (Microsoft Teams), Ralinda Ninham-Lamberies (Microsoft Teams), Raw Skenandore (Microsoft Teams), Iris Hill (Microsoft Teams), Donna Smith (Microsoft Teams), Katsitsiyo Danforth (Microsoft Teams), Hon. Layatalati Hill (Microsoft Teams), Lisa Liggins (Microsoft Teams), Debra Powless (Microsoft Teams), Chad Fuss (Microsoft Teams), Hon. John Powless (Microsoft Teams) I. Call to Order and Approval of the Agenda David P. Jordan called the May 18, 2022, Legislative Operating Committee meeting to order at 9:03 a.m. Motion by Marie Summers to adopt the agenda as is; seconded by Jennifer Webster. Motion carried unanimously. II. Minutes to be Approved 1. May 4, 2022 LOC Meeting Minutes Motion by Kirby Metoxen to approve the May 4, 2022, LOC meeting minutes and forward to the Business Committee; seconded by Marie Summers. Motion carried unanimously. III. Current Business 1. Children’s Code Amendments Motion by Jennifer Webster to approve the public meeting packet and forward the Children’s Code amendments to a public meeting to be held on June 15, 2022; seconded by Marie Summers. Motion carried unanimously. 2. Healing to Wellness Court Law Motion by Marie Summers to accept the public comments and the public comment review memorandum and defer these items to a work meeting for further consideration; seconded by Jennifer Webster. Motion carried unanimously. A good mind. A good heart. A strong fire. Legislative Operating Committee Meeting Minutes of May 18, 2022 Page 1 of 2 ~ ONEIDA 3 of 65 IV. New Submissions 1. Oneida Language Code Motion by Jennifer Webster to add the Oneida Language Code to the Active Files List with Marie Summers as the sponsor; seconded by Kirby Metoxen. Motion carried unanimously. V. Additions VI. Administrative Items VII. Executive Session VIII. Adjourn Motion by Marie Summers to adjourn at 9:20 a.m.; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of May 18, 2022 Page 2 of 2 4 of 65 Oneida Nation "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee June 1, 2022 Wellness Court Law Submission Date:12/20/17 LOC Sponsor: Daniel Guzman King Public Meeting: 5/4/22 Emergency Enacted: n/a Summary: This item was carried over from last term. The request to a develop a Wellness Court law came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017. A Wellness Court brings together alcohol and drug treatment, community healing resources, and the tribal justice process by using a team approach to achieve the physical and spiritual healing of the individual participant, and to promote Native Nation building and the well-being of the community. 10/7/20 LOC: Motion by Kirby Metoxen to add the Wellness Court Law to the Active Files List with Daniel Guzman King as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. 11/18/20: THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter (NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Joel Maxam, Tsyoslake House, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court Professionals (NADCP) held through Microsoft Teams. 11/19/20: THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter (NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Joel Maxam, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court Professionals (NADCP) held through Microsoft Teams. 11/20/20: THWCPI Training. Present: Marc Panasiewicz (NADCP), Kris Pacheco (TLPI), Misti Porter (NADCP), Brittany Lanier (NADCP), Katy Burke (WI Statewide Treatment Court Coordinator), Chelsea Place (WI DOC Probation & Parole), David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen, Deborah Thundercloud, Mari Kriescher, Elijah Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Tsyoslake House, Wesley Martin, Gerald Hill. The group participated in the Tribal Healing to Wellness Court Page 1 of 4 A good mind. A good heart. A strong fire. 5 of 65 Planning Initiative (THTWCPI) Training presented by the National Association of Drug Court Professionals (NADCP) held through Microsoft Teams. 1/6/21: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Deborah Thundercloud, Mari Kriescher, Tsyoslake House, Wesley Martin, Gerald Hill, Kristal Hill, Rhiannon Metoxen, Bridget Mendolla-Cornelius, Chelsea Place. This work meeting was held through Microsoft Teams. The purpose of this work meeting was to begin the development of the Nation’s Wellness Court law by reviewing an initial draft based off of other Tribal Healing to Wellness Court laws to serve as an outline for discussion. The drafting attorney will schedule another work meeting to continue the review of the draft. 1/20/21: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. Layatalati Hill, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Tsyoslake House, Wesley Martin, Gerald Hill, Kristal Hill, Rhiannon Metoxen, Chelsea Place. This work meeting was held through Microsoft Teams. The purpose of this work meeting was to continue review and discussion of the Wellness Court law draft. 1/28/21: Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss a plan for moving this item forward through the legislative process. 2/5/21: Work Meeting. Present: Clorissa N. Santiago, Hon. Layatalati Hill, Hon. Patricia Hoeft, Simone Ninham. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to provide the Judiciary an opportunity to provide input on the development of the Wellness Court law. 3/2/21: Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Deborah Thundercloud, Tsyoslake House, Wesley Martin, Gerald Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the various objectives for “TAP, Goal 4: Create and implement a comprehensive Justice System that includes a Wellness Court and a rehabilitative corrections system” and set a process for moving forward with work meetings. 3/16/21: Work Meeting. Present: Daniel Guzman King, Clorissa N. Santiago, Eric Boulanger, Joel Maxam, Hon. John Powless, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Wesley Martin. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss potential eligibility requirements for the Wellness Court. 5/18/21: Work Meeting. Present: Clorissa N. Santiago, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Mari Kriescher, Leslie Doxtator, Renita Hernandez, Robert Brown. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and discuss Wellness Court phase considerations. 1/19/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting A good mind. A good heart. A strong fire. Page 2 of 4 ~ ONEIDA 6 of 65 was to review the updated and simplified draft of the Wellness Court law and determine the next steps for moving this legislative item forward. 1/27/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Kristen Hooker, Rhiannon Metoxen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review updated and simplified draft of the Wellness Court law with the larger group, as well receive an update from the Judiciary on the progress of the internal policies and procedures for the Wellness Court. 2/10/22: Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen, Hon. Layatalati Hill, Hon. John Powless, Hon. Patricia Hoeft, Simone Ninham, Eric Boulanger, Joel Maxam, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the two issues identified in the last work meeting (closed court vs. open court, and court of record vs. not a court of record), as well as review and discuss some suggested revisions from the Judiciary. 2/16/22 LOC: Motion by Marie Summers to approve the draft of the Healing to Wellness Court law and direct that a legislative analysis be developed; seconded by Kirby Metoxen. Motion carried unanimously. 3/16/22 LOC: Motion by Jennifer Webster to approve the legislative analysis for the Healing to Wellness Court law; seconded by Marie Summers. Motion carried unanimously. 3/31/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the public meeting notice for this law. 4/6/22 LOC: Motion by Jennifer Webster to approve the public meeting packet and forward the Healing to Wellness Court law to a public meeting to be held on May 4, 2022; seconded by Marie Summers. Motion carried unanimously. 5/4/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to prepare for this afternoon’s public meeting. 5/4/22: Public Meeting Held. Present: Daniel Guzman King, Marie Summers, Brooke Doxtator, Clorissa N. Santiago, David P. Jordan (Microsoft Teams), Alebra Metoxen (Microsoft Teams), Diana Hernandez (Microsoft Teams), Michelle Myers (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Kristal Hill (Microsoft Teams), Tsyoshaat Delgado (Microsoft Teams), Stephanie Reinke (Microsoft Teams), Joy Salzwedel (Microsoft Teams). The public meeting for the proposed Healing to Wellness Court law was held in person in the Norbert Hill Center and on Microsoft Teams. Two (2) individuals provided public comment during the public meeting on Microsoft Teams. 5/11/22: Public Comment Period Closed. One (1) submission of written comments was received during the public comment period. A good mind. A good heart. A strong fire. Page 3 of 4 ~ ONEIDA 7 of 65 5/18/22 LOC: Motion by Marie Summers to accept the public comments and the public comment review memorandum and defer these items to a work meeting for further consideration; seconded by Jennifer Webster. Motion carried unanimously. 5/18/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers, Kirby Metoxen, Clorissa N. Santiago. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review and consider the public comments that were received. Next Steps:  Approve the updated public comment review memorandum, draft, and updated legislative analysis.  Approve the fiscal impact statement request memorandum and forward to the Finance Department directing that a fiscal impact statement be prepared and submitted to the LOC by June 15, 2022. A good mind. A good heart. A strong fire. Page 4 of 4 ~ ONEIDA 8 of 65 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54115-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Legislative Operating Committee (LOC) Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney June 1, 2022 Healing to Wellness Court Law: Public Comment Review with LOC Consideration On May 4, 2022, a public meeting was held regarding the proposed Healing to Wellness Court law (“the Law”). The public comment period was then held open until May 11, 2022. On May 18, 2022, the Legislative Operating Committee reviewed and considered all public comments received. Comments 1 through 2 – Community Health Services Department Support: Michelle Myers (oral): Afternoon. I just wanted to make a comment that I'm reviewing the information that was available on this proposed law, that there is a lot of scientific evidence, evidence - evidence based information to support the success of drug courts. So, looking at it through the lens of public health lens, this is definitely something that we would support. That's my comment. Michelle Myers (written): To whom it may concern: The Community Health Services Department of the Oneida Comprehensive Health Division supports the proposed Wellness Court Law. 1. Drug court is a strategy supported by scientific evidence to reduce recidivism, reduce drug use, and reduce incarceration among criminal offenders with drug dependency problems. When reviewing available information on drug courts, research going back several years can be found to support the success of drug courts (County Health Rankings, 2016). 2. Drug court is a strategy that promotes health equity, which is achieved when every person has the opportunity to live a healthy life. Health inequities can contribute to increase overdose deaths and other negative health outcomes. Social Determinants of Health or the conditions in which people live, work, learn and play, can also contribute to health inequities and result in intergenerational risk for substance use and overdose (Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, 2021). Please feel free to contact me with any questions. Response The commenter expresses support for the Healing to Wellness Court law from not only herself but from the Community Health Services Department of the Oneida Comprehensive Health Division. There is no revision to the Law recommended based on this comment. Page 1 of 3 A good mind. A good heart. A strong fire. 9 of 65 LOC Consideration The Legislative Operating Committee thanks Michelle Myers for expressing support for the Healing to Wellness Court law on behalf of the Community Health Services Department of the Oneida Comprehensive Health Division. The Legislative Operating Committee determined there is no revision to the Law needed based on this comment. Comment 3 – Cultural Heritage Support: Tsyoshaat Delgado (oral): I'm calling on behalf of myself in regards to and in of the program on the cultural part of this is in. In reading through the information that that was sent out the Healing to Wellness Court I have about five (5) years experience working with the corrections in trying to reintegrate individuals, Native Americans, specifically from Menominee, Oneida, and Stockbridge Munsee Nations, to come back into the community to find the resources they need to to get reintegrated into the community. And so I'm in support of this and I think it'll be really key and important to help people develop a foundation in regards to our culture and language and to be able to uh, contribute in some way in regards to their learning and also to be able to contribute in a way to the community around culture and language. And so I'm in support of this and, and I know we had a meeting yesterday, if I'm not mistaken, with Simone Ninham and trying to figure out how we can implement culture into the program and so I'm in support of it. And there's definitely some information in there that pertains specifically to, you know, alcohol use. And it's basically covers everything on just what you put in your system that's a mind changer, you know. And there's all kinds of things unfortunately, in today's society that that changes our minds right now, you know, all the drug addiction, whether it's a needle or you're snorting or huffing or smoking or popping a pill or shooting up. There's all those things. So it doesn't only pertain to alcoholism. As it it is mentioned in some of our teachings and so I'm in support of this and trying to figure out what would be the best way to support this going forward in educating those individuals. And I'm thinking we're primarily talking about Oneida members, but introducing them to some culture and how they can impact the community and support that happening amongst ourselves. And so if it also can be fitting to find out what their gifts are. What are some of the things that they have themselves that they can contribute? Because we all come, come about this earth with certain gifts and we have to find out what they are. And unfortunately, when we have mind changing things happen to our bodies, then we lose sight of what those gifts are. And if we can get back to that and try and educate them and, and kind of flame their fire to support them being able to figure out what their gift is so they can share that with their families, their community, you know the Nation. You know, and just the whole human family. I think that would be some of the things that will be very, Umm, influential in contributing in that way. So they don't only feel like, oh, you know, I've got a conviction and now I gotta do all these things, and now I have to do this. No, we're not interested in making them do anything, but it's creating an awareness for them so that they can support these things that are going to be happening that are always still happening. All of our ceremonies, our medicines and you know our Thanksgiving and you know addressing trauma things. A good mind. A good heart. A strong fire. Page 2 of 3 ~ ONEIDA 10 of 65 Such as they did, you know, trying to revisit and help the healing along with what had happened at the Radisson, you know about a year ago. You know, so it's all of those things and, and it doesn't have to necessarily say that now you're committed and you have to do this. No, it's about what is it that they come to into this world with? What gifts are they? How can we feed their fire in a way so that it's in a positive way. What happened to them as they got lost as they went along and and began to use whatever they're using and end up landing, you know, in the court system within the Nation. So I'm just speaking on behalf of, of myself and somewhat of Cultural Heritage to support, you know, the healing process happening for these individuals. I think that it'll be important moving forward that the education for those individuals that are implementing these types of things are educated as well, in some shape or form. I'm not sure what all that looks like, and I'm guessing they have a lot of work and the development of those kinds of things, but that's gonna be key just as much as it is for those individuals that are gonna have to be, that are gonna be assigned or willing to do this kind of healing. So it's, it's almost like you can't really teach something that you don't really know about, and so that's what I'm where I'm coming from in regards to the education of the staff that work there, and do they even know what they're sending these individuals to? And if not, then then there has to be some kind of bridge that's there to to support them going to this because we don't want, you know, to be doing things and say ohh, I don't understand that and I'm not gonna do that - I'm just, you know, that doesn't sound right to me, OK. Well, then it it's a matter of it becoming educated about that and entertaining the questions and, and having answers or being able to refer them to where they can get answers. But that's gonna be key just as well. So that's all I have and thank you for listening. Response The commenter expresses support for the Healing to Wellness Court law from not only herself but from the Cultural Heritage Department, and speaks to the importance of connecting culture and tradition to the practices of the Healing to Wellness Court law in a meaningful way. There is no revision to the Law recommended based on this comment. LOC Consideration The Legislative Operating Committee thanks Tsyoshaat Delgado for expressing support for the Healing to Wellness Court law on behalf of herself and the Cultural Heritage Department. The Legislative Operating Committee determined there is no revision to the Law needed based on this comment. A good mind. A good heart. A strong fire. Page 3 of 3 ~ ONEIDA 11 of 65 Draft 1 2022 06 01 Title 8. Judiciary - Chapter 808 HEALING TO WELLNESS COURT 808.1. Purpose and Policy 808.2. Adoption, Amendment, Repeal 808.3. Definitions 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 808.4. General 808.5. Healing to Wellness Court Procedures 808.1. Purpose and Policy 808.1-1. Purpose. The purpose of this law is to establish the Nation’s Healing to Wellness Court to: (a) offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue; (b) provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways); (c) create intragovernmental and intergovernmental collaborative teams to interact with each participant; and (d) encourage and support each participant in the goal of their recovery to lead lawful productive lives free of substance abuse and addiction. 808.1-2. Policy. It is the policy of the Nation to bring together community-healing resources with the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity affecting the Nation’s community in an effort to promote life-long substance abuse recovery and the reintegration of participants into the Oneida community. 808.2. Adoption, Amendment, Repeal 808.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-__-__. 808.2-2. This law may be amended or repealed by the Oneida Business Committee and/or General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 808.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 808.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 808.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 808.3. Definitions 808.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) “Court” means the Oneida Healing to Wellness Court, which is a division under the Trial Court that has the designated responsibility to oversee the Healing to Wellness Court program matters. (b) “Court of competent jurisdiction” means a federal, state, or tribal court that has jurisdiction and authority to do a certain act or hear a certain dispute. (c) “Healing to Wellness Court program” means a court-supervised evidence-based treatment program which promotes recover through a coordinated community-based 8. O.C. 808 – Page 1 12 of 65 Draft 1 2022 06 01 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 response for individuals who abuse or are dependent on any controlled substance or alcohol. (d) “Intragovernmental” means relating to or conducted within a government. (e) “Intergovernmental” means relating to or conducted between two (2) or more governments. (f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later authorized to administer the judicial authorities and responsibilities of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A. (g) “Nation” means the Oneida Nation. (h) “Participant” means an individual who is admitted to the Healing to Wellness Court. (i) “Trial Court” means the Trial Court of the Oneida Nation Judiciary. 808.4. General 808.4-1. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court. (a) The Court shall have the authority to issue all orders necessary to ensure the safety, well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. (b) The Court shall have the power to implement all the duties, responsibilities, and remedies set out in this law, including the power to enforce subpoenas and orders of restriction, fines and orders of restitution, contempt, and other powers as appropriate. 808.4-2. Jurisdiction. The Court shall have jurisdiction over matters related to substance abuse and addiction and any matter arising under this law. (a) Concurrent Jurisdiction. The Court shall have the authority to collaborate with courts of competent jurisdiction that exercise concurrent jurisdiction. (b) The Court may enter into collaborative inter-jurisdictional agreements with other courts of competent jurisdiction, law enforcement agencies, and other service providers upon approval by the Oneida Business Committee. 808.4-3. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a Healing to Wellness Court Team. The Healing to Wellness Court Team is the group of professionals who are primarily responsible for overseeing the day-to-day operations of the Healing to Wellness Court program and administering the treatment and supervisory interventions. (a) Composition. The Healing to Wellness Court Team shall be comprised of the following individuals: (1) Trial Court Judge; (2) Healing to Wellness Court Coordinator; (3) Oneida Police Department Officer; (4) Representative of Probation; (5) Substance Abuse Treatment Provider; (6) Representative of Oneida culture and heritage; and (7) any other member to be determined by the Healing to Wellness Court Team. (b) Revisions to the Composition of the Healing to Wellness Court Team. The composition of the Healing to Wellness Court Team may be revised as necessary as determined by the Court. The Court shall provide notification of any revision to the composition of the Healing to Wellness Court Team to the Oneida Business Committee and General Manager. 8. O.C. 808 – Page 2 13 of 65 Draft 1 2022 06 01 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 808.5. Healing to Wellness Court Procedures 808.5-1. Establishment of Policies and Procedures. The Court shall establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. The policies and procedures of the Healing to Wellness Court program shall not affect substantive rights and shall not conflict with existing law or rules enacted or approved by the Oneida Business Committee or Oneida General Tribal Council unless otherwise provided for within this law. 808.5-2. Healing to Wellness Court Team meetings and hearings shall proceed pursuant to the policies and procedures adopted by the Court. 808.5-3. All Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. 808.5-4. The Court is strictly a non-adversarial forum. 808.5-5. The Court judge shall make all findings of facts relevant to each participant's case pursuant to the policies and procedures adopted by the Court. 808.5-6. Exclusion from the Oneida Judiciary Rules of Evidence and Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Evidence as well as the Oneida Judiciary Rules of Civil Procedure shall not apply in any Court proceedings. 808.5-7. Not a Court of Record. The Court shall not be a court of record. Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the participant, while the participant is under the jurisdiction of the Court shall not be used as evidence against the participant in any other proceeding in the Judiciary or any other court in any other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to the members of the Healing to Wellness Court Team. (a) Confidential information may always be disclosed after the participant has signed a proper consent form, even if it is protected by Federal confidentiality regulations. The regulations also permit disclosure without a participant's consent in several situations, including medical emergencies, program evaluations and communications among program staff. End. Adopted – BC-__-__-__-__ 8. O.C. 808 – Page 3 14 of 65 Analysis to Draft 1 2022 06 01 HEALING TO WELLNESS COURT LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY REQUESTER: Tribal Action Plan (TAP)-Laws and Policies SubCommittee Intent of the Legislation or Amendments Purpose Affected Entities Related Legislation Public Meeting Fiscal Impact SPONSOR: Daniel Guzman King DRAFTER: Clorissa N. Santiago ANALYST: Carmen VanLanen To establish the Nation’s Healing to Wellness Court to bring together community healing resources with the Nation’s justice system to work collaboratively with intragovernmental and intergovernmental partnerships to reduce the abuse of alcohol and other drugs and drug-related criminal activity affecting the Nation’s community in an effort to promote life-long substance abuse recovery and the reintegration of participants into the Oneida community [8 O.C. 808.1-2]. The purpose of this law is to establish the Nation’s Healing to Wellness Court to: • Offer intensive case management, treatment, and court supervision to individuals who committed an offense directly or indirectly related to a substance abuse or addiction issue [8 O.C. 808.1-1(a)]; • Provide access to holistic, structured, and phased substance abuse treatment and rehabilitation services that incorporate culture, tradition, and Tsi Niyukwaliho t^ (Our Ways) [8 O.C. 808.1-1(b)]; • Create intragovernmental and intergovernmental collaborative teams to interact with each participant [8 O.C. 808.1-1(c)]; and • Encourage and support each participant in the goal of recovery to lead lawful, productive lives free of substance abuse and addiction [8 O.C. 808.1-1(d)]. The Nation’s Judiciary, Oneida Police Department, and Oneida Behavioral Health Public Peace Law; Judiciary Law; Oneida Judiciary Rules of Civil Procedure Law; Oneida Judiciary Rules of Evidence Law A public meeting was held on Wednesday, May 4, 2022 with a public comment period held open until May 11, 2022. A fiscal impact statement prepared in accordance with the Legislative Procedures Act has not yet been requested. 15 of 65 Analysis to Draft 1 2022 06 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The request to develop a Healing to Wellness Court law came from the Tribal Action Plan (TAP)- Laws and Policies Sub-Committee in December 2017. The Law was first added to the Active Files List on October 7, 2020. B. History of Drug Courts. The drug court movement started in the late 1980s to help combat an increase in the number drug-related offenses and re-offenses that resulted in overcrowded jails and prisons, which incarceration alone was not able to control. 1 Between 1980 and 2000, arrests for drug offenses more than doubled. 2 Those who were imprisoned were not being treated for their substance abuse and the underlying problems and were subjected to traumatization by the prison system and faced many barriers upon release 3. The response to this issue was to develop a court approach that systematically prioritized treatment in substance abuse cases. 4 A drug court is a special court docket to which cases involving alcohol and other substance abusing offenders are assigned for intensive supervision and treatment. 5 Drug courts are distinguished by several features, such as expedited case processing, outpatient treatment, and support services (e.g., job placement and housing services). 6 C. Development of Healing to Wellness Courts in Native Nations. Native nations were looking to develop a court that would help confront intergenerational substance abuse issues while avoiding the term “drug court”, thus developing the term “healing to wellness court”. This term referred to the healing and wellness aspects of this approach, along with the idea that wellness is an ongoing journey.7 In August 2003, state and national drug court efforts were used to help draft tribal-specific healing to wellness court curriculums. The newly developed Healing to Wellness Courts were not simply tribal courts that heard cases involving substance abuse but were special court docket-collaboratives that partnered with service providers to create a program for participants that included extensive supervision and treatment.8 Tribal Healing to Wellness courts are guided by the Tribal Ten Key Components, which are the fundamental essentials of the drug court concept that were adjusted to reflect the tribal notions of healing and wellness, particularly the concept of a healing to wellness journey and the collaboration involved. 9 SECTION 3. CONSULTATION AND OUTREACH A. The following departments within the Nation participated in the development of this Law and legislative analysis:  Oneida Nation Judiciary;  Oneida Police Department:  Oneida Behavioral Health;  Tribal Action Plan (TAP); U.S. Department of Justice Office of Justice Programs, “Tribal Healing to Wellness Court: The Key Components,” (April 2003). 2 Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”. 3 Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021). 4 Id. 5 Id. 6 Arthur J. Lurigio, “The First 20 Years of Drug Treatment Courts: A Brief Description of Their History and Impact”. 7 Tribal Law and Policy Institute, “Tribal Healing to Wellness Courts: Intergovernmental Collaboration,” (May 2021). 8 Id. 9 Id. 1 16 of 65 Analysis to Draft 1 2022 06 01 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77  Legal Resource Center;  General Manager; and  Oneida Business Committee B. The following groups outside of the Nation were consulted in the drafting of this law and analysis:  Tribal Law and Policy Institute;  National Association of Drug Court Professionals (NADCP);  Wisconsin Department of Corrections; and  Wisconsin Statewide Treatment Court Coordinator. C. The following laws and ordinances from other States, municipalities, and Tribes were reviewed in the drafting of this Law and analysis:  Ho-Chunk Nation Healing to Wellness Court Code;  Cherokee Tribal Drug Court Code of Ordinances;  Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Wellness Court Tribal Code;  Fort Peck Wellness Court Code;  Penobscot Nation Healing to Wellness Court Program Procedures;  Poarch Band Creek of Indians Healing to Wellness Court Code;  Swinomish Tribal Court Code;  Fort McDowell Yavapai Nation Law and Order Code;  Winnebago Tribal Traditional Wellness Court Code; and  Tlingit and Haida Indian Tribes of Alaska Wellness Court Code. SECTION 4. PROCESS A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).  On October 7, 2020, the Legislative Operating Committee added this Law to its Active Files List.  On February 16, 2022, the Legislative Operating Committee approved the draft of this law and directed that a legislative analysis be developed.  On March 16, 2022, the Legislative Operating Committee approved the draft of the legislative analysis.  On April 6, 2022, the Legislative Operating Committee approved the public meeting packet and forwarded the Healing to Wellness Court law to a public meeting to be held on May 4, 2022.  On May 4, 2022, the public meeting was held in person in the Norbert Hill Center and on Microsoft Teams. Two (2) individuals provided public comment during the public meeting via Microsoft Teams.  On May 11, 2022, the public comment period closed. One (1) submission of written comments was received during the public comment period.  On May 18, 2022, the Legislative Operating Committee accepted the public comments and the public comment review memorandum and deferred these items to a work meeting for further consideration. B. A group that included members from the departments of the Legislative Reference Office, Legislative Operating Committee, and the Oneida Business Committee participated in the Tribal Healing to 17 of 65 Analysis to Draft 1 2022 06 01 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Wellness Court Planning Initiative (THTWCPI) Training held by the National Association of Drug Court Professionals (NADCP) through Microsoft Teams on the following dates:  November 18, 2020;  November 19, 2020; and  November 20, 2020. C. At the time this legislative analysis was developed the following work meetings had been held regarding the development of this Law:  January 6, 2021: LOC work meeting with the Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin Department of Corrections.  January 20, 2021: LOC work meeting Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, Legal Recourse Center, and Wisconsin Department of Corrections.  January 28, 2021: LOC work meeting.  February 5, 2021: Work meeting with Oneida Judiciary.  March 2, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, Legal Recourse Center, and Tribal Action Plan.  March 16, 2021: LOC work meeting with Oneida Police Department, Oneida Judiciary, General Manager, Oneida Behavioral Health, and Legal Recourse Center.  May 18, 2021: Work meeting with Oneida Judiciary, Oneida Behavioral Health, Tribal Action Plan, Cultural Heritage.  January 19, 2022: LOC work meeting.  January 27, 2022: LOC work meeting with Oneida Police Department, and Oneida Judiciary.  February 10, 2022: LOC work meeting with Oneida Police Department, and Oneida Judiciary.  March 31, 2022: LOC work meeting.  May 4, 2022: LOC work session.  May 18, 2022: LOC work session. SECTION 5. CONTENTS OF THE LEGISLATION A. Purpose and Policy. The purpose of this Law is to establish the Nation’s Healing to Wellness Court. The Court shall offer intensive treatment, case management, and court supervision to individuals who have committed an offense directly or indirectly related to substance abuse or addiction issues. [8 O.C. 808.1-1]. It is the policy of the Nation to bring together community-healing resources with the Nation’s justice system to collaborate with partnerships to reduce the risk of substance abuse and criminal activity related to substance abuse. [8 O.C. 808.1-2]. B. Establishment. The Healing to Wellness Court is hereby established as a division of the Trial Court. [8 O.C. 808.4-1]. The Court shall have the authority to issue all orders necessary to ensure the safety, well-being, and rehabilitation of individuals who come within or consent to its jurisdiction. [8 O.C. 808.4-1(a)]. The Court shall have the power to implement all the duties, responsibilities, and remedies set out in this Law, including the power to enforce subpoenas and orders of restriction, fines and orders of restitution, contempt, and other powers as appropriate. [8 O.C. 808.4-1(b)]. 18 of 65 Analysis to Draft 1 2022 06 01 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 C. Jurisdiction. The Healing to Wellness Court shall have jurisdiction over matters related to substance abuse and addiction and any matters arising under this Law .[8 O.C. 808.4-2]. D. Healing to Wellness Court Team. The Healing to Wellness Court program shall be administered by a Healing to Wellness Court Team, which shall be comprised of the following individuals: 1. Trial Court Judge; 2. Healing to Wellness Court Coordinator; 3. Oneida Police Department Officer; 4. Representative of Probation; 5. Substance Abuse Treatment Provider; 6. Representative of Oneida culture and heritage; and 7. Any other member to be determines by the Healing to Wellness Court Team. [8 O.C. 808.43(a)]. The composition of the Healing to Wellness Court Team may be revised as necessary as determined by the Court. The Court shall provide notification of any revision to the composition of the Healing to Wellness Court Team to the Oneida Business Committee and General Manager. [8 O.C. 808.4-3(b)]. E. Healing to Wellness Court Procedures. The Court shall establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. All Healing to Wellness Court Team meetings and hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. [8 O.C. 808.5-3]. The Court shall not be a court of record. Any information obtained, used, or disclosed by a member of the Healing to Wellness Court Team, including the participant, while the participant is under the jurisdiction of the Court shall not be used as evidence against the participant in any other proceeding in the Judiciary or any other court in any other jurisdiction. All Court records are privileged and confidential and shall not be disclosed except to the members of the Healing to Wellness Court Team. [8 O.C. 808.5-7]. However, confidential information may always be disclosed after the participant has signed a proper consent form, even if it is protected by Federal confidentiality regulations. The regulations also permit disclosure without a participant’s consent in several situations, including medical emergencies, program evaluations, and communications among program staff. [8 O.C. 808.5-7(a)]. SECTION 6. RELATED LEGISLATION A. Related Legislation. The following laws of the Nation are related to this Law:  Judiciary law. The Judiciary law established a Judiciary for the Nation, and provides for the administration of law, justice, judicial procedures and practices by the Nation as a sovereign nation by exercising the inherent power to make, execute, apply and enforce its own law, and to apply its own customs and traditions in matters affecting the Oneida people. [8 O.C. 801.11].  Court Open to the Public. The Judiciary law provides that proceedings of the Trial Court shall be public and members of the general public may freely attend the same, except for peacemaking or mediation proceedings or if expressly prohibited by law. [8 O.C. 801.4-4]. 1. This Law provides that all Healing to Wellness Court Team hearings shall be closed to the public except for invited guests as allowed by HIPAA regulations. [8 O.C. 808.5-3]. 19 of 65 Analysis to Draft 1 2022 06 01 165 166 167 168 169 170  Subject Matter Jurisdiction. The Judiciary law provides that Trial Court shall have subject matter jurisdiction over cases and controversies where laws of the Nation specifically authorize the Trial Court to exercise jurisdiction. 1. This Law provides that the Healing to Wellness Court shall have jurisdiction over matters related to substance abuse and addiction and any matters arising under this law. [8 O.C. 808.4-2]. 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202  Internal Operating Procedures. The Judiciary law provides that the Judiciary is authorized to establish internal operating procedures governing the operation of the court, as long as the procedures shall not affect substantive rights and shall not conflict with existing law, the Rules of Procedure, or other rules enacted or approved by the Oneida Business Committee or Oneida General Tribal Council. 1. This Law provides that the Court shall establish policies and procedures governing the operation and implementation of the Healing to Wellness Court program. [8 O.C. 808.5-1]. Oneida Judiciary Rules of Civil Procedure. The Oneida Judiciary Rules of Civil Procedure governs all civil actions that fall under the jurisdiction of the Nation to ensure that there is a consistent set of rules governing the process for civil claims, in order to ensure equal and fair treatment to all persons who come before the Tribal Courts to have their disputes resolved. [8 O.C. 803.1-1, 803.1-2].  This Law provides that the Oneida Judiciary Rules of Civil Procedure shall not apply in any Court proceedings. [8 O.C. 808.5-6]. Oneida Judiciary Rules of Evidence. The Oneida Judiciary Rules of Evidence establishes rules of evidence to apply in proceedings held in the Trial court and Family Court of the Oneida Judiciary administer Court proceedings fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, by obtaining the truth and securing a just determination. [8 O.C. 804.1-1, 804.1-2].  This Law provides that the Oneida Judiciary Rules of Evidence shall not apply in any Court proceedings. [8 O.C. 808.5-6]. Public Peace Law. The Public Peace law sets forth community standards and expectations which preserve the peace, harmony, safety, health, and general welfare of individuals who live within the boundaries of the Reservation. [3 O.C. 309.1-1]. The Public Peace law prohibits a person from committing a civil infraction involving alcohol, tobacco, and drugs. [3 O.C. 309.44, 309.9]. Upon a finding by the Trial Court that a violation of the Public Peace law has occurred, the individual may be ordered to participate in counseling or any other program relevant and available to the Nation. [3 O.C. 309.11-2(c)].  Potentially, a person who violates the Public Peace law may be ordered to participate in the Nation’s Healing to Wellness Court program is allowed by Court’s policies and procedures. 203 204 205 206 207    SECTION 7. OTHER CONSIDERATIONS A. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts. a. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except emergency legislation. [1 O.C. 109.6-1]. 20 of 65 Analysis to Draft 1 2022 06 01 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 i. A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating Committee. [1 O.C. 109.6-1]. ii. Fiscal Impact statements may be prepared by any agency who may receive funding if the legislation is enacted, any agency who may administer a program if the legislation is enacted, any agency who may have financial information concerning the subject matter of the legislation, or by the Finance Office, upon request of the Legislative Operating Committee. [1 O.C. 109.6-1(a) and (b)]. iii. Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides further clarification on who the Legislative Operating Committee may direct complete a fiscal impact statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact statement. b. Conclusion. The Legislative Operating Committee will be requesting that a fiscal impact statement be developed for this Law on June 1, 2022. 21 of 65 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Cristina Danforth, Treasurer Lawrence E. Barton, Chief Financial Officer Ralinda Ninham-Lamberies, Assistance Chief Financial Officer David P. Jordan, Legislative Operating Committee Chairman June 1, 2022 Healing to Wellness Court Law Fiscal Impact Statement The Legislative Operating Committee (LOC) is currently developing the Healing to Wellness Court law. The Legislative Procedures Act requires that a fiscal impact statement be provided for all proposed legislation of the Nation. [1 O.C. 109.6-1]. The fiscal impact statement is an estimate of the total fiscal year financial effects associated with the proposed legislation, and should include:  startup costs;  personnel;  office costs;  documentation costs; and  an estimate of the amount of time necessary for an individual or agency to comply with the law after implementation. [1 O.C. 109.3-1(c)]. The fiscal impact statement must be completed and submitted to the LOC prior to the proposed legislation being forwarded to the Oneida Business Committee for consideration. [1 O.C. 109.62]. The fiscal impact statement provides the Oneida Business Committee information on what the potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business Committee can determine if adoption of the proposed legislation is in the best interest of the Nation. The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or any agency who may administer a program if the legislation is enacted or may have financial information concerning the subject matter of the legislation to submit a fiscal impact statement. [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act” provides further clarification on the process for directing a fiscal impact statement be completed. This resolution provides that upon final approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for inclusion in adoption materials. On June 1, 2022, the Legislative Operating Committee approved the final draft of the proposed Healing to Wellness Court law. Therefore, the LOC is directing the Finance Department to provide a fiscal impact statement on the proposed Healing to Wellness Court law by June 15, 2022. Page 1 of 2 A good mind. A good heart. A strong fire. 22 of 65 A copy of the proposed Healing to Wellness Court law, as well as the legislative analysis, have been attached to this memorandum for your convenience. Requested Action Provide the LOC a fiscal impact statement of the proposed Healing to Wellness Court law by June 15, 2022. A good mind. A good heart. A strong fire. Page 2 of 2 ~ ONEIDA 23 of 65 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov � =000000= ONEIDA AGENDA REQUEST FORM 1 ) Request Date: _M_ a_y _ 2_5_,_20 _ _2_2_______________ l rissa N. Santiago a C ): ) 2 Contact Person(s Dept: Legislative Reference Office Email: csantia1@oneidanation.org Phone Number: (920) 869-4417 Emergency Adoption of the Oneida Nation_ Assistance Fund _______ 3) Agenda Title:_____ _________ ___ _Law 4) Detailed description of the item and the reason/justification it is being brought before the LOC: The purpose of the Law is to establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation ------- ------- provides financial assistance to its members, pursuant to the Oneida Ge11eral 'vVelfare law. List any supporting materials included and submitted with the Agenda Request Form l) Emergency Adoption M emo 3) Legislative Analysis 4) Resolution and SOE 2) Draft 5) Please list any laws, policies or resolutions that might be affected: Oneida General Welfare Law 6) Please list all other departments or person(s) you have brought your concern to: LOC, Oneida Law Office, Finance Administration, Trust Enrollment Department, Government Administration Office 7 ) Do you consider this request urgent? li]Yes □ No If yes, please indicate why: Emergency legislation is necessary to best meet the general welfare needs of members of the Nation I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by the Legislative Operating Com Signature of Requester: supporting materials to: LOC@oneidanation.org or Legislative Operating Committee (LOC) P.O. Box365 Oneida, WI 54155 Phone 920-869-4376 A good mind. A good heart. A strong fire. 24 of 65 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Oneida Business Committee David P. Jordan, LOC Chairperson June 8, 2022 Emergency Adoption of the Oneida Nation Assistance Fund Law Please find the following attached backup documentation for your consideration of the emergency adoption of the Oneida Nation Assistance Fund law: 1. 2. 3. 4. Resolution: Emergency Adoption of the Oneida Nation Assistance Fund Law Statement of Effect: Emergency Adoption of the Oneida Nation Assistance Fund Law Oneida Nation Assistance Fund Law Legislative Analysis Oneida Nation Assistance Fund Law Overview Emergency adoption of the Oneida Nation Assistance Fund law (the “Law”) is being sought to establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The Law will:  Establish the Oneida Nation Assistance Fund as an approved program of the Nation in accordance with the Oneida General Welfare law [10 O.C. 1003.4-1];  Provide how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];  Provide the eligibility requirements for accessing assistance from the Oneida Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or older; and submits a completed application during the designated submission timeframe [10 O.C. 1003.5-1];  Provide the minimum requirements for the information that must be included on the application [10 O.C. 1003.5-3];  Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10 O.C. 1003.5-2, 1003.5-4];  Provide for the types of expenses that shall be considered qualifying expenditures for use of assistance from Oneida Nation Assistance Fund by the recipient [10 O.C. 1003.5-5];  Provide information on the funding source and who determines that amount of available funding to an eligible participant [10 O.C. 1003.6-1, 1003.6-2]; and  Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7]. In response to the COVID-19 pandemic, on March 12, 2020, in accordance with the Emergency Management law, Chairman Tehassi Hill signed a Declaration of Public Health State of Emergency regarding COVID-19which was subsequently extended by the Oneida Business Committee until July 22, 2022, through the adoption of the following resolutions: BC-03-26-20Page 1 of 2 A good mind. A good heart. A strong fire. 25 of 65 A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-0112-22-B, BC-03-23-22-A, BC-05-11-22-E. [3 O.C. 302.8-1]. The COVID-19 pandemic has resulted in vast negative economic effects that has affected the ability of members of the Nation to meet their general welfare needs. The Oneida Business Committee is delegated the authority to temporarily enact emergency legislation when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the adoption of the legislation is required sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)]. The emergency adoption of this Law is necessary for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law will assist in addressing the economic needs of the Reservation population during the public health crisis that has resulted from the COVID-19 pandemic by allowing the Nation to establish and operate the Oneida Nation Assistance Fund to provide assistance to members of the Nation in accordance with the Oneida General Welfare law. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this Law would be contrary to public interest The Nation is currently experiencing the vast economic effects of the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to best assist members of the Nation in meeting their general welfare needs during this COVID-19 pandemic. The Law will become effective immediately upon adoption by the Oneida Business Committee and will remain effective for six (6) months. There will be one (1) opportunity to extend the emergency adoption of this Law for an additional six (6) month period. [1 O.C. 109.9-5(b)]. Requested Action Approve the Resolution: Emergency Adoption of the Oneida Nation Assistance Fund Law Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA Oneida Nation 26 of 65 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Emergency Adoption of the Oneida Nation Assistance Fund Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 Oneida Nation Assistance Fund law (“the Law”) is being proposed for emergency adoption in an effort to establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law; and WHEREAS, the Law provides how the Oneida Nation Assistance Fun qualifies for general welfare exclusion; and WHEREAS, the Law provides the eligibility requirements for accessing assistance from the Oneida Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or older; and submits a completed application during the designated submission timeframe; and WHEREAS, the Law provides the minimum requirements for the information that must be included on the application for assistance from the Oneida Nation Assistance Fund; and WHEREAS, the Law provides how and when funds from the Oneida Nation Assistance Fund are disbursed; and WHEREAS, the Law provides for the types of expenses that shall be considered qualifying expenditures for use of assistance from Oneida Nation Assistance Fund by the recipient; and WHEREAS, the Law provides information on the funding source and who determines that amount of available funding to an eligible participant; and WHEREAS, the Law provides that the Trust Enrollment Department is the department that has the responsibilities to administer the Oneida Nation Assistance Fund; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the adoption of the legislation is required sooner than would be possible under the Legislative Procedures Act; and 27 of 65 BC Resolution _____________ Emergency Adoption of the Oneida Nation Assistance Fund Law Page 2 of 2 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 WHEREAS, emergency adoption of legislation is effective for a period of six (6) months, renewable by the Oneida Business Committee for an additional six (6) month term; and WHEREAS, on March 12, 2020, Chairman Tehassi Hill signed a Declaration of Public Health State of Emergency regarding COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020, which was subsequently extended by the Oneida Business Committee until July 22, 2022, through the adoption of the following resolutions: BC-0326-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-1124-21-F, BC-01-12-22-B, BC-03-23-22-A, BC-05-11-22-E; and WHEREAS, the COVID-19 pandemic has resulted in vast negative economic effects that has affected the ability of members of the Nation to meet their general welfare needs; and WHEREAS, the emergency adoption of this Law is necessary for the preservation of the general welfare of the Reservation population, as the Law shall assist in addressing the economic needs of the Reservation population during the public health crisis that has resulted from the COVID-19 pandemic by allowing the Nation to establish and operate the Oneida Nation Assistance Fund to provide assistance to members of the Nation in accordance with the Oneida General Welfare law; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of this Law would be contrary to public interest since the Nation is currently experiencing the vast economic effects of the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to best assist members of the Nation in meeting their general welfare needs during this COVID-19 pandemic; and WHEREAS, the Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation; and NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts, on an emergency basis, the Oneida Nation Assistance Fund law effective immediately. 28 of 65 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov ~ ONEIDA Statement of Effect Emergency Adoption of the Oneida Nation Assistance Fund Law Summary This resolution adopts the Oneida Nation Assistance Fund law on an emergency basis in order to establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office Date: May 25, 2022 Analysis by the Legislative Reference Office This resolution adopts the Oneida Nation Assistance Fund law (“the Law”) on an emergency basis. The purpose of the Law is to establish the Oneida Nation Assistance Fund as an approved program of the Nation to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. The Law will:  Establish the Oneida Nation Assistance Fund as an approved program of the Nation in accordance with the Oneida General Welfare law [10 O.C. 1003.4-1];  Provide how this program qualifies for general welfare exclusion [10 O.C. 1003.4-2];  Provide the eligibility requirements for accessing assistance from the Oneida Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or older; and submits a completed application during the designated submission timeframe [10 O.C. 1003.5-1];  Provide the minimum requirements for the information that must be included on the application [10 O.C. 1003.5-3];  Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10 O.C. 1003.5-2, 1003.5-4];  Provide for the types of expenses that shall be considered qualifying expenditures for use of assistance from Oneida Nation Assistance Fund by the recipient [10 O.C. 1003.5-5];  Provide information on the funding source and who determines that amount of available funding to an eligible participant [10 O.C. 1003.6-1, 1003.6-2]; and  Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is necessary for the immediate preservation of the public health, safety or general welfare of the reservation population and when enactment or amendment of legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement are not required for emergency legislation. [1 O.C. 109.8-1(b),109.9-5(a)]. Page 1 of 2 A good mind. A good heart. A strong fire. 29 of 65 In response to the COVID-19 pandemic, on March 12, 2020, in accordance with the Emergency Management law, Chairman Tehassi Hill signed a Declaration of Public Health State of Emergency regarding COVID-19which was subsequently extended by the Oneida Business Committee until July 22, 2022, through the adoption of the following resolutions: BC-03-26-20A, BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-1008-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, and BC-03-10-21D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, BC-09-22-21-A, BC-11-24-21-F, BC-0112-22-B, BC-03-23-22-A, BC-05-11-22-E. [3 O.C. 302.8-1]. The COVID-19 pandemic has resulted in vast negative economic effects that has affected the ability of members of the Nation to meet their general welfare needs. The resolution provides that the emergency adoption of this Law is necessary for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law will assist in addressing the economic needs of the Reservation population during the public health crisis that has resulted from the COVID-19 pandemic by allowing the Nation to establish and operate the Oneida Nation Assistance Fund to provide assistance to members of the Nation in accordance with the Oneida General Welfare law. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this amendment would be contrary to public interest. The Nation is currently experiencing the vast economic effects of the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to best assist members of the Nation in meeting their general welfare needs during this COVID-19 pandemic. The emergency adoption of this the Law will take effect immediately upon adoption by the Oneida Business Committee. The emergency adoption of the Law will remain effective for six (6) months. The LPA provides the possibility to extend the emergency amendments for an additional six (6) months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.95(b)]. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 A good mind. A good heart. A strong fire. ~ ONEIDA 30 of 65 Analysis to Emergency Draft 1 2022 06 08 EMERGENCY ADOPTION OF THE ONEIDA NATION ASSISTANCE FUND LAW LEGISLATIVE ANALYSIS SECTION 1. EXECUTIVE SUMMARY Intent of the Proposed Law Analysis by the Legislative Reference Office  Establish the Oneida Nation Assistance Fund as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1003.4-1].        Purpose Affected Entities Public Meeting Fiscal Impact Expiration of Emergency Legislation 1 2 3 4 5 Provide how this program qualifies for general welfare exclusion. [10 O.C. 1003.4-2]. Provide the eligibility requirements for accessing assistance from the Oneida Nation Assistance Fund – which is that a person is a member of the Nation; age eighteen (18) or older; and submits a completed application during the designated submission timeframe. [10 O.C. 1003.5-1]. Provide the minimum requirements for the information that must be included on the application. [10 O.C. 1003.5-3]. Provide how and when funds from the Oneida Nation Assistance Fund are disbursed [10 O.C. 1003.5-2, 1003.5-4]. Provide for the types of expenses that shall be considered qualifying expenditures for use of assistance from Oneida Nation Assistance Fund by the recipient. [10 O.C. 1003.5-5]. Provide information on the funding source and who determines that amount of available funding to an eligible participant. [10 O.C. 1003.6- 1, 1003.6-2]. Provide that the Trust Enrollment Department is the department that has the responsibilities to administer the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7]. To establish the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. Oneida Business Committee, Trust Enrollment Department A public meeting is not required for emergency legislation [1 O.C. 109.81(b) and 109.9-5(a)]. A fiscal impact statement is not required for emergency legislation [1 O.C. 109.9-5(a)]. Emergency legislation expires six (6) months after adoption and may be renewed for an additional six (6) month period. SECTION 2. LEGISLATIVE DEVELOPMENT A. Background. The Oneida Nation Assistance Fund law will be a new law adopted by the Nation on an emergency basis for the purpose of establishing the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. Page 1 of 5 31 of 65 Analysis to Emergency Draft 1 2022 06 08 6 7 8 9 10 11 12 13 14 On May 18, 2022, the Legislative Operating Committee called a meeting with the Oneida Law Office, Finance Administration, Government Administration Office, and the Trust Enrollments Department to discuss how the Nation planned to provide general welfare assistance payments to its members this year, and the potential adoption of an Oneida Nation Assistance Fund law on an emergency basis. B. Emergency adoption of the Oneida Nation Assistance Fund law is being pursued to provide a mechanism to address the economic needs of members of the Nation as a result of the COVID-19 pandemic. 15 16 17 18 19 20 21 SECTION 3. CONSULTATION AND OUTREACH  A. Representatives from the following departments or entities participated in the development of this Law and legislative analysis:  Oneida Law Office;  Government Administration Office;  Finance Administration; and  Trust Enrollments Department. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 4. PROCESS C. The adoption of this Law is being considered on an emergency basis. The Oneida Business Committee may temporarily enact an emergency law where legislation is necessary for the immediate preservation of public health, safety, or general welfare of the Reservation population and enactment of legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].  Emergency adoption of this Law is being pursued for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law will assist in addressing the economic needs of the Reservation population during the public health crisis that is the COVID-19 pandemic by allowing the Nation to establish and operate the Oneida Nation Assistance Fund for the purpose of providing assistance to Tribal members on a non-taxable basis.  Observance of the requirements under the Legislative Procedures Act for the adoption of this Law would be contrary to public interest. The Nation is currently experiencing the vast effects of the COVID-19 pandemic, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to best assist members of the Nation during this COVID-19 pandemic through the development of the Oneida Nation Assistance Fund which provides assistance to Tribal members. D. Emergency legislation typically expires six (6) months after adoption, with one (1) opportunity for a six (6) month extension of the emergency legislation. [1 O.C. 109.9-5(b)]. E. The Legislative Procedures Act does not require a public meeting or fiscal impact statement when considering emergency legislation. [1 O.C. 109.9-5(a)]. However, a public meeting and fiscal impact statement will eventually be required when considering permanent adoption of this Law. D. The following work meetings were held regarding the development of this law and legislative analysis:  May 12, 2022. LOC work meeting; and  May 18, 2022. LOC work meeting with Oneida Law Office, Finance Administration, Government Administration Office, and Trust Enrollment Department. Page 2 of 5 32 of 65 Analysis to Emergency Draft 1 2022 06 08 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 SECTION 5. CONTENTS OF THE LEGISLATION A. Purpose and Policy. The purpose of this law is to establish the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to members, pursuant to the Oneida General Welfare law. [10 O.C. 1003.1-1]. It is the policy of the Nation to prioritize the general welfare needs of its members. [10 O.C. 1003.1-2]. The interests of the Nation are advanced when its members remain confident that their general welfare needs can be met. [10 O.C. 1003.1-2].  Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide assistance to Tribal members on a non-taxable basis through an approved program. B. Establishment. This Law establishes the Oneida Nation Assistance Fund as an approved program of the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion Act of 2014 26 U.S.C. §139E(b). [10 O.C. 1003.4-1]. C. Guidelines and Requirements. The Law provides guidelines and requirements for the Oneida Nation Assistance Fund. The Oneida Nation Assistance Fund shall be open to any individuals who meet the following criteria: is a member of the Nation; is age eighteen (18) or older; and submits a completed application during the designated submission timeframe [10 O.C. 1003.5-1]. The Oneida Business Committee shall set forth. through the adoption of a resolution. an application submission period and disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. [10 O.C. 1003.5-2]. Any individual seeking assistance from the Oneida Nation Assistance Fund shall submit an application. [10 O.C. 1003.5-3]. The Trust Enrollment Department shall make available an Oneida Nation Assistance Fund application form and instructions. [10 O.C. 1003.5-3(a)]. The Law provides the minimum information that is required to be provided on the application. [10 O.C. 1003.53(a)(1)(A)-(I)]. Assistance provided through the Oneida Nation Assistance Fund Application shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business Committee. [10 O.C. 1003.5-4]. Funds from the Oneida Nation Assistance Fund may be disbursed through direct deposit, or check, depending on the selection made on the application by the recipient. [10 O.C. 1003.54]. D. Qualifying Expenditures. The Law provides that the following types of expenses shall be considered qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the recipient: a. costs relating to housing needs of principal residences such as: 1. mortgage payments, rent payments, and down payments; 2. enhancements for habitability of housing; 3. basic housing repairs or rehabilitation; 4. improvements to adapt housing for special health needs; b. costs for paying utility bills and charges, including, but not limited to, the following: 1. water; 2. electricity; 3. gas; 4. basic communication services such as: A. phone B. internet; and C. cable; c. costs associated with education, including, but not limited to the following: Page 3 of 5 33 of 65 Analysis to Emergency Draft 1 2022 06 08 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 1. transportation to and from school; 2. tutors; 3. supplies for use in school activities and extra-curricular activities; 4. providing tuition or room and board payments; 5. providing for childcare for parents seeking employment or pursuing education; 6. job counseling and interviewing expenses; d. costs associated with food security; e. costs associated with home care assistance; f. costs associated with vehicle payments, maintenance, repair, and insurance; g. costs associated with medical care and transportation, room, and board costs for seeking medical care; h. funeral and burial expenses and expenses for attending wakes, funerals, burials, bereavements, and subsequent honoring events; and i. costs related to any other emergency circumstance [10 O.C. 1002.5-5]. E. Oversight and Records Maintenance. The Trust Enrollment Department shall oversee the collection, review, and permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying recipients and shall be responsible for maintenance of records for the Oneida Nation Assistance Fund. [10 O.C. 1003.5-6, 1003.5-7]. The recipient shall retain receipts for the expenditure of the funds associated with the Oneida Nation Assistance Program. [10 O.C. 1003.5-7]. F. Funding. The Oneida Nation Assistance Fund shall be funded through the Nation’s annual budget, and by any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1003.61]. The Oneida Business Committee shall determine the amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund per any permitted distribution. [10 O.C. 1003.6-2]. 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 SECTION 6. EXISTING LEGISLATION A. Related Legislation. The following laws of the Nation are related to this Law:  Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal Council on January 7, 2013, for the purpose of providing a standard process for the adoption of laws of the Nation which includes taking into account comments from members of the Nation and input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].  The Legislative Procedures Act provides a process for the adoption of emergency legislation when the legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population and the enactment or amendment of legislation is required sooner than would be possible under this law. [1 O.C. 109.9-5].  The Legislative Operating Committee is responsible for first reviewing the emergency legislation and for forwarding the legislation to the Oneida Business Committee for consideration. [1 O.C. 109.9-5(a)].  The proposed emergency legislation is required to have a legislative analysis completed and attached prior to being sent to the Oneida Business Committee for consideration. [1 O.C. 109.9-5(a)]. a. A legislative analysis is a plain language analysis describing the important features of the legislation being considered and factual information to enable the Legislative Operating Committee to make Page 4 of 5 34 of 65 Analysis to Emergency Draft 1 2022 06 08 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161  informed decisions regarding legislation. A legislative analysis includes a statement of the legislation’s terms and substance; intent of the legislation; a description of the subject(s) involved, including any conflicts with Oneida or other law, key issues, potential impacts of the legislation and policy considerations. [1 O.C. 109.3-1(g)].  Emergency legislation does not require a fiscal impact statement to be completed or a public comment period to be held. [1 O.C. 109.9-5(a)].  Upon the determination that an emergency exists the Oneida Business Committee can adopt emergency legislation. The emergency legislation becomes effective immediately upon its approval by the Oneida Business Committee. [1 O.C. 109.9-5(b)].  Emergency legislation remains in effect for a period of up to six (6) months, with an opportunity for a one-time emergency law extension of up to six (6) months. [1 O.C. 109.9-5(b)].  Emergency adoption of this Law would conform with the requirements of the Legislative Procedures Act. Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides assistance to eligible members on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal members. [10 O.C. 1001.1-1].  The Oneida Nation Assistance Fund is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General Welfare Law. [10 O.C. 1003.4-2]. 162 SECTION 7. OTHER CONSIDERATIONS 163 A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire six 164 (6) months after adoption. The emergency legislation may be renewed for an additional six (6) month 165 period. 166  Conclusion: The Legislative Operating Committee will need to consider the development and 167 adoption of this Law on a permanent basis within the next six (6) to twelve (12) months. 168 B. Fiscal Impact. A fiscal impact statement is not required for emergency legislation. 169  Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except 170 emergency legislation [1 O.C. 109.6-1]. 171 Page 5 of 5 35 of 65 Draft 1 for OBC Emergency Consideration 2022 06 08 Title 10. General Welfare Exclusion - Chapter 1003 ONEIDA NATION ASSISTANCE FUND 1003.1. Purpose and Policy 1003.2. Adoption, Amendment, Repeal 1003.3. Definitions 1003.4. Establishment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1003.5. Guidelines and Requirements 1003.6. Funding 1003.1. Purpose and Policy 1003.1-1. Purpose. The purpose of this law is to establish the Oneida Nation Assistance Fund to govern how the Nation provides financial assistance to its members, pursuant to the Oneida General Welfare law. 1003.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its members. The interests of the Nation are advanced when its members remain confident that their general welfare needs can be met. 1003.2. Adoption, Amendment, Repeal 1003.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____. 1003.2-2. This law may be amended or repealed by the Oneida Business Committee or the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 1003.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 1003.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 1003.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1003.3. Definitions 1003.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) "Approved program" means any program(s) to provide general welfare assistance that is intended to qualify as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation in accordance with the Oneida General Welfare law. (b) "Assistance" means benefits or payments under an approved program, which are paid to or on behalf of a recipient pursuant to this law. Assistance provided under an approved program shall not be considered income of the recipient. (c) “Lavish” or “Extravagant” shall have the meaning determined by the Oneida Business Committee in its discretion and based on the circumstances, taking into account needs unique to the Nation as well as the social purpose being served by the particular assistance at hand, except as otherwise may be required for compliance with final guidance issued under 26 U.S.C. §139E following consultation between the Nation and the federal government. (e) "Member" means an individual who is an enrolled member of the Nation. (f) “Nation” means the Oneida Nation. (g) “Recipient” means any member entitled to receive assistance in accordance with approved program requirements. 10 O.C. 1003 – Page 1 36 of 65 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 1003.4. Establishment 1003.4-1. Establishment. The Oneida Nation Assistance Fund is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare law. The purpose of the Oneida Nation Assistance Fund is to provide financial assistance to members of the Nation to address the general welfare needs of members. 1003.4-2. General Welfare Exclusion. The Oneida Nation Assistance Fund meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35, section 5; and the requirements of the Tribal General Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). The assistance provided through the Oneida Nation Assistance Fund is: (a) paid on behalf of the Nation; (b) pursuant to an approved program of the Nation; (c) does not discriminate in favor of members of the governing body of the Nation; (d) available to any eligible member of the Nation who meets the guidelines of the approved program; (e) provided for the promotion of general welfare; (f) not lavish or extravagant; (g) not compensation for services; and (h) not a per capita payment. 1003.5. Guidelines and Requirements 1003.5-1. Eligibility. The Oneida Nation Assistance Fund shall be open to any individual who meets the following criteria: (a) is a member of the Nation; (b) is age eighteen (18) or older; and (c) submits a completed application during the designated submission timeframe. 1003.5-2. Distribution Period. The Oneida Business Committee shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Oneida Nation Assistance Fund. 1003.5-3. Application for Funds. Any individual seeking assistance from the Oneida Nation Assistance Fund shall submit an application. (a) The Trust Enrollment Department shall make available an Oneida Nation Assistance Fund application form and instructions. (1) The application shall require, at a minimum, the following information: (A) first and last name; (B) date of birth; (C) street address, city, state, zip code; (D) phone number; (E) e-mail address; (F) enrollment number; (G) bank account information for direct deposit if necessary; (H) declaration from the applicant that their need exists, and all information provided therein is accurate and in accordance with the laws of the Nation and federal law; and (I) signature of the applicant, electronic or handwritten, affirming the attestation. 10 O.C. 1003 – Page 2 37 of 65 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 (2) On the application the applicant shall designate the means by which they would like to receive their disbursement of funds from the Oneida Nation Assistance Fund, either through direct deposit or check. (b) Applicants shall complete and return the Oneida Nation Assistance Fund application form to the Trust Enrollment Department by the deadline set through resolution by the Oneida Business Committee in order to be eligible for assistance from the Oneida Nation Assistance Fund. (1) The information provided in the Oneida Nation Assistance Fund application form may be provided to any department, division, or personnel that processes the applications. 1003.5-4. Disbursement of Funds. Assistance provided through the Oneida Nation Assistance Fund shall be disbursed in accordance with the timeframe set through resolution by the Oneida Business Committee. Funds from the Oneida Nation Assistance Fund may be disbursed through direct deposit, or check, depending on the selection made on the application by the recipient. 1003.5-5. Qualifying Expenditures. The following types of expenses shall be considered qualifying expenditures for use of assistance from the Oneida Nation Assistance Fund by the recipient: (a) costs relating to housing needs of principal residences such as: (1) mortgage payments, rent payments, and down payments; (2) enhancements for habitability of housing; (3) basic housing repairs or rehabilitation; (4) improvements to adapt housing for special health needs; (b) costs for paying utility bills and charges, including, but not limited to, the following: (1) water; (2) electricity; (3) gas; (4) basic communication services such as: (A) phone; (B) internet; and (C) cable; (c) costs associated with education including, but not limited to: (1) transportation to and from school; (2) tutors; (3) supplies for use in school activities and extra-curricular activities; (4) providing tuition or room and board payments; (5) providing for childcare for parents seeking employment or pursuing education; (6) job counseling and interviewing expenses. (d) costs associated with food security; (e) costs associated with home care assistance; (f) costs associated with vehicle payments, maintenance, repair, and insurance; (g) costs associated with medical care and transportation, room, and board costs for seeking medical care; (h) funeral and burial expenses and expenses for attending wakes, funerals, burials, bereavements, and subsequent honoring events; and (i) costs related to any other emergency circumstance. 1003.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and 10 O.C. 1003 – Page 3 38 of 65 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 permitted distribution of funds from the Oneida Nation Assistance Fund to the qualifying recipients. 1003.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for maintenance of records for the Oneida Nation Assistance Fund. The recipient shall retain receipts for the expenditure of the funds associated with the Oneida Nation Assistance Fund. 1003.6. Funding 1003.6-1. Funding Source. The Oneida Nation Assistance Fund shall be funded through the Nation’s annual budget, and by any other funding source deemed necessary by the Oneida Business Committee. 1003.6-2. Amount of Available Funding. The Oneida Business Committee shall determine the amount of assistance available to an eligible recipient from the Oneida Nation Assistance Fund per any permitted distribution. End. Adopted – BC-__-__-__-__ 10 O.C. 1003 – Page 4 39 of 65 Oneida Nation HANDOUT "' Oneida Business Committee Legislative Operating Committee =DODDOO PO Box 365 • Oneida, WI 54155-0365 ONEIDA Oneida-nsn.gov Legislative Operating Committee June 1, 2022 Elder Assistance Program Law Submission Date: 11/3/21 LOC Sponsor: David P. Jordan Public Meeting: 5/18/22 Emergency Enacted: N/A Summary: This request for a new law was brought forward by Councilman David P. Jordan based on a recommendation from the Chief Financial Officer during the October 20, 2021, LOC meeting. This request asks the LOC to consider developing a new law to establish an approved program under the Oneida General Welfare law which transitions the Nation's Elderly 65+ Per Capita Payment Distribution Fund, from being utilized for per capita payments to being utilized for general welfare assistance payments for elders. 11/3/21 LOC: Motion by Marie Summers add the Elder Assistance Program law to the Active Files List with David Jordan as the sponsor; seconded by Jennifer Webster. Motion carried unanimously. 1/13/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Clorissa N. Santiago, Kristen Hooker, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the initial draft of the Law with the LOC and prepare for the work meeting next week with Finance, Oneida Law Office, Trust Enrollment Department, and Trust Enrollment Committee. 1/19/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Kirby Metoxen, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Carl Artman, Keith Doxtator, Lawrence Barton. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to begin discussing with the Oneida Law Office, Finance, and Trust Enrollment Department the possibility of transitioning the Nation's Elderly 65+ Per Capita Payment Distribution Fund from being utilized for per capita payments to being utilized for general welfare assistance payments for elders. 2/16/22: Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to discuss next steps for moving this legislative item forward. 2/22/22: Work Meeting. Present: Clorissa N. Santiago, Carl Artman. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was for Carl to gain more clarification on the purpose of the memorandum he is providing the Legislative Operating Committee. 2/25/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie Summers, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was to review the draft of the Law and determine next steps for moving this item forward. Page 1 of 2 A good mind. A good heart. A strong fire. 40 of 65 3/2/22 LOC: Motion by Marie Summers to accept the draft of the Oneida Elder Assistance Program law and defer to a work meeting for further discussion; seconded by Jennifer Webster. Motion carried unanimously. 3/10/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie Summers, Jennifer Webster, Clorissa N. Santiago, Carmen Vanlanen, Kristal Hill, Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was for the LOC to review and consider the input received from the Trust Enrollment Department Director and the General Manager. 3/16/22 LOC: Motion by Marie Summers to approve the updated draft of the Elder Assistance Program law and direct that a legislative analysis be developed; seconded by Jennifer Webster. Motion carried unanimously. 3/29/22: Joint OBC and OTEC Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie Summers, Jennifer Webster, Clorissa N. Santiago, Barbara Webster, Brandon Yellowbird-Stevens, Carl Artman, Geraldine Danforth, John Danforth, Keith Doxtator, Norbert Hill Jr., Sandra Skenandore, Shannon Davis, Tehassi Hill, Venessa Cardish, William Gollnick, Lisa Liggins, Terry Cornelius. This was a joint Oneida Business Committee and Oneida Trust Enrollment Committee meeting held through Microsoft Teams. The purpose of this meeting was to provide the OTEC and the OBC an opportunity to discuss and provide input on the Elder Assistance Program law. 4/14/22: Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers, Daniel Guzman King, Clorissa N. Santiago, Carmen Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of this work meeting was for the LOC to review the public comment period notice. 4/20/22 LOC: Motion by Jennifer Webster to approve the legislative analysis and public meeting packet and forward the Elder Assistance Program law to a public meeting to be held on May 18, 2022; seconded by Marie Summers. Motion carried unanimously. 5/18/22: Public Meeting Held. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kirby Metoxen, Clorissa N. Santiago, Cheryl Aliskwet Ellis, Shannon Davis, Edward Delgado, Michael Denny, Barbara Cornelius, Carl Artman (Microsoft Teams), Carrie Lindsey (Microsoft Teams), Gerald Sexton (Microsoft Teams), Jameson Wilson (Microsoft Teams), Jeanette Ninham (Microsoft Teams), Mark W. Powless (Microsoft Teams), Michelle Myers (Microsoft Teams), Matthew Cornelius (Microsoft Teams). The public meeting for the proposed Elder Assistance Program law was held in person in the Norbert Hill Center and on Microsoft Teams. Three (3) individuals provided public comment during the public meeting. 5/25/22: Public Comment Period Closed. Three (3) submissions of written comments were received during the public comment period. Next Steps:  Accept the public comments and the public comment review memorandum, and defer to a work meeting for further consideration. A good mind. A good heart. A strong fire. Page 2 of 2 ~ ONEIDA 41 of 65 Oneida Nation =DODDOO PO Box 365 • Oneida, WI 54115-0365 ONEIDA Oneida-nsn.gov TO: FROM: DATE: RE: "' Oneida Business Committee Legislative Operating Committee Legislative Operating Committee (LOC) Clorissa N. Santiago, Legislative Reference Office, Senior Staff Attorney June 1, 2022 Elder Assistance Program Law: Public Comment Review On May 18, 2022, a public meeting was held regarding the proposed Elder Assistance Program law (“the Law”). The public comment period was then held open until May 25, 2022. This memorandum is submitted as a review of the written comments received during the public comment period. The public meeting draft, public meeting transcript, and written comments received are attached to this memorandum for review. Comment 1 – Possession of Knowledge of Elders: 1002.1. Purpose and Policy 1002.1-2. Policy. It is the policy of the Nation to prioritize the general welfare needs of its elders. The Nation recognizes that its elders possess unique and irreplaceable stores of knowledge, skill, culture, and experience that enhance and enrich the lives of every member of the Nation. The interests of the Nation are advanced when its elders remain confident that their general welfare needs can be met. Edward Delgado (oral): Hey, thanks for this opportunity. Ohh, looking at this, generally, it sounds really good. Oh, all these benefits and on page four (4). You could really rake it in, a lot of stuff you can get. Uhh. However, I do have one question, a few questions. On line thirty-eight (38) it talks about elders. I'm unclear. Do we process all these, all this knowledge? Or do we possess it? Because it says process here, so it's kinda confusing. Uh, Myself, I feel as though I possess some of these things. I don't process anything. Well, not right anyway. Umm, I think you meant possess. Response The commenter references a grammatical error that was made within the legislative analysis. This error in the legislative analysis will be revised. There is no revision to the Law recommended based on this comment. LOC Consideration Page 1 of 14 A good mind. A good heart. A strong fire. 42 of 65 Comment 2 – Expiration of the Oneida General Welfare Law: Edward Delgado (oral): Umm reminder, I have a question about no questions. But I do have a question. You don't have to answer it. A reminder that this is based on the General Welfare law. And the General Welfare law is due to expire soon. Uhh, trying to look at the different dates and the different see the July or somewhere around there, maybe October? I'm not sure. So, this law is based on that. So how can it last? Response The commenter questions how the Elder Assistance Program law can be promulgated under the authority of the Oneida General Welfare law if the Oneida General Welfare law is set to expire. The commenter is mistaken about the expiration of the Oneida General Welfare law. The Oneida General Welfare law was adopted by the Oneida Business Committee on a permanent basis on December 8, 2021, through the adoption of resolution BC-12-08-21-A. There is no revision to the Law recommended based on this comment. LOC Consideration Comment 3 – Involvement of the General Tribal Council: Edward Delgado (oral): ? Uhh. Everybody likes the idea that we're not gonna pay taxes on this umm, but the scary part is that it gives all the authority to their Business Committee, uhh to determine amounts, when and if, and there's no regard to General, General Tribal Council. And, uhh, it's long standing role in determining those benefits. Uh, there's a part in the General Welfare law that says it all goes to GTC, I mean to the BC. And sole discretion upon the GTC. And you don't have to write it that way. I think it would still be possible as a tax exempt assistance program if you're just write that a little bit nicer to GTC, whereby it doesn't have to be sole discretion. You can include GTC somewhere where it has the ultimate authority on whether or not these assistance programs are determined. Uhh,I think that's about it. Response The commenter expresses displeasure with the idea of sole authority being provided to the Oneida Business Committee through the Law to determine the amounts of assistance provided through the Elder Assistance Program and the disbursement time periods, and desires instead that authority be provided to the General Tribal Council. The Oneida Business Committee does not have sole discretion as to the amounts of disbursements and timeframes for disbursements from the Elder Assistance Program. The Law provides that the Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2]. The Law also provides that the Oneida Trust A good mind. A good heart. A strong fire. Page 2 of 14 ~ ONEIDA 43 of 65 Enrollment Committee shall determine the amount of assistance available to an eligible recipient from the Elder Assistance Program per any permitted distribution. [10 O.C. 1002.6-2]. The Elder Assistance Program is funded through the Elder, Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund, and any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1002.6-1]. The Oneida Trust Enrollment Committee determines the amount of assistance available to an eligible recipient from the Elder Assistance Program because the Oneida Trust Enrollment Committee is the body responsible for the management of the Elder, Education and General Welfare Trust Fund. If the Oneida Business Committee determines that the Elder Assistance Program should be funded through an additional funding source than the Elder, Education and General Welfare Trust Fund, then ultimately the General Tribal Council has the authority to adopt the Nation’s budget which may contain the allocation of additional funds. There is no revision to the Law recommended bases on this comment. LOC Consideration Comments 4 – Funding Source: 1002.6. Funding 1002.6-1. Funding Source. The Elder Assistance Program shall be funded through the Elder, Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund, and any other funding source deemed necessary by the Oneida Business Committee. 1002.6-2. Amount of Available Funding. The Oneida Trust Enrollment Committee shall determine the amount of assistance available to an eligible recipient from the Elder Assistance Program per any permitted distribution. Edward Delgado (oral): Ohh my last question was where is this coming from? What? Like money, usually determined by few per capita? Or is it coming through the, uhh, that seven hundred dollars ($700) at sixty-five (65) year olds and over ger, uh, annually. Uh. From some kind of investments? That doesn't say it, but I don't know if this is the sum total of what elders get. Which was last year four thousand dollars ($4000), and that was really nice. But these things are nice too, but I just don't think you should be giving all the authority to, to the Business Committee when we have a constitution and we have precedence where benefits go to GTC for approval, or at least we don't give it away. Thank you much. Response The commenter questions where the funding for the Elder Assistance Program is coming from. The Elder Assistance Program is funded through the Elder, Education and General Welfare Trust Fund, which is derived from the Emigrant NY Indian Claims Award Docket 75 Trust Fund, and any other funding source deemed necessary by the Oneida Business Committee. [10 O.C. 1002.6A good mind. A good heart. A strong fire. Page 3 of 14 ~ ONEIDA 44 of 65 1]. The Oneida Trust Enrollment Committee determines the amount of assistance available to an eligible recipient from the Elder Assistance Program because the Oneida Trust Enrollment Committee is the body responsible for the management of the Elder, Education and General Welfare Trust Fund. There is no revision to the Law recommended bases on this comment. LOC Consideration Comments 5 through 6 – Specification of Annual Disbursements: Michael Denny (oral): OK, thank you. I'm not gonna dwell on the legislative analysis. I wanna go right to the Law, how its written. Umm, and under policy, line eight (8) - Interests of the Nation are advanced when elders remain confident in their general welfare. I would like to insert the year yearly or annual after their and before general. Because the way this is written, it doesn't say that there will be an annual or yearly distribution. Also, under establishment, line forty-seven (47) The Elder Assistance Program is to provide financial assistance to elders. Also there, behind provide and before financial assistance, insert yearly or annual. So we're aware of that these are yearly things. There's nothing in here to say that this will be done on a yearly basis. It may be inferred, but if it's not written down, how do we know it will occur? And also on line one hundred and thirty-five (135) under funding - The Elder Assistance program should be funded through the Elder Education and General Welfare Trust Fund. I also again would like to insert annually after the word funded. Through the elder because that pinpoints to the elders that this will be done on an annual basis. Right now, it doesn't say that. It just says that the Business Committee in conjunction with the Trust Committee, will set up a time. It doesn't say annual. And I think that should be pointed out. And that's all I have to say. I agree with the premise of the law. I just think that we could add the word annual or yearly in certain aspects. So we're clarified that the elders understand that this will be a yearly or an annual thing. That's all I have to say. Thank you. Oneida Nation Commission on Aging (written): The following written comments concerning the proposed Elder Assistance Program, are brought forth on behalf of the ONCOA commissioners who met on 5-24-22. 1. Under Establishment, line 47, the insertion of the word annual, to read: provide annual financial assistance. 2. Under Guidelines and Requirements, line 71, the insertion of the word annual, to read: adoption of an annual resolution. 3. Under Guidelines and Requirements, line 102, the insertion of the word annual, to read: set through an annual resolution 4. Under 1002.6. Funding, line 135, the insertion of the word annually, to read: funded annually through. 5. Under 1002.6. Funding, line 141, to delete the words: per any permitted distribution. Response A good mind. A good heart. A strong fire. Page 4 of 14 ~ ONEIDA 45 of 65 The commenters request that the Law be revised so that the Law provides that the Elder Assistance Program will provide annual assistance to elders. The Law provides that the Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. [10 O.C. 1002.5-2]. The Legislative Operating Committee decided to require the application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program to be set through resolution instead of including dates in the Law itself to allow for more flexibility. This added flexibility allows the Oneida Business Committee and the Oneida Trust Enrollment Committee to determine the application submission period and disbursement timeframe to best meet the needs of elders – this means that the Oneida Business Committee and the Oneida Trust Enrollment Committee can determine the best time of year to make a disbursement from the Elder Assistance Program, whether the Elder, Education and General Welfare Trust Fund has the funds available to make a disbursement during a given year, or whether multiple disbursements should be made in a given year. Whether to require the Law to provide that disbursements from the Elder Assistance Program will be made on an annual basis is a policy decision for the Legislative Operating Committee to make. The Legislative Operating Committee may make one of the following determinations: 1. The Law should remain as currently drafted, so that the application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program is set through resolution instead of including dates in the Law itself to allow for more flexibility. 2. The Law should be revised to require that disbursements from the Elder Assistance Program be made on an annual basis. If the Legislative Operating Committee makes this determination, then the following revision to the Law is recommended: 1002.5-2. Distribution Period. The Oneida Business Committee, in consultation with the Oneida Trust Enrollment Committee, shall set forth through the adoption of a resolution an application submission period and disbursement timeframe for a distribution of assistance from the Elder Assistance Program. Distributions of assistance from the Elder Assistance Program shall occur on an annual basis. LOC Consideration Comment 7 – Application Form: 1002.5. Guidelines and Requirements 1002.5-3. Application for Funds. Any individual seeking assistance from the Elder Assistance Program shall submit an application. (a) The Trust Enrollment Department shall make available an Elder Assistance Program application form and instructions. A good mind. A good heart. A strong fire. Page 5 of 14 ~ ONEIDA 46 of 65 Mark W. Powless (oral): Yaw^ko. Well, first off, I wholly support this effort. From an implementation standpoint, currently, the GWA payments or GWE payments for membership are handled through the online portal. And, and in reading the proposed law, it appears there's it specifies an application form and I just want to make sure that there is no wording that that prohibits adding this payment option to the existing online application form for the overall GWA or GWE payments. So that's the first thing. Response The commenter wants to ensure that the Law will not prevent the Elder Assistance Program from using the same online application forms from other approved programs that provide assistance in accordance with the Oneida General Welfare law. The Law provides that Trust Enrollment Department shall make available an Elder Assistance Program application form and instructions. [10 O.C. 1002.5-3(a)]. The application is required, at a minimum, to collect the following information:  first and last name;  date of birth;  street address, city, state, zip code;  phone number;  e-mail address;  enrollment number;  bank account information for direct deposit if necessary;  declaration from the applicant that their need exists, and all information provided therein is accurate and in accordance with the laws of the Nation and federal law; and  signature of the applicant, electronic or handwritten, affirming the attestation. [10 O.C. 1002.5-3(a)(1)(A)-(H)]. There is nothing in the Law that would prevent the Elder Assistance Program application from being combined with an application of another approved program that provides assistance in accordance with the Oneida General Welfare law as long as the minimum application requirements of section 1002.5-3(a)(1)(A)-(H) of the Law are met. There is no recommend revision to the Law based on this comment. LOC Consideration Comment 8 – Delegation of Responsibility to the Trust Enrollments Department: 1002.5. Guidelines and Requirements 1002.5-6. Oversight. The Trust Enrollment Department shall oversee the collection, review, and permitted distribution of funds from the Elder Assistance Program to the qualifying recipients. A good mind. A good heart. A strong fire. Page 6 of 14 ~ ONEIDA 47 of 65 1002.5-7. Records Maintenance. The Trust Enrollment Department shall be responsible for maintenance of records for the Elder Assistance Program. The recipient shall retain receipts for the expenditure of the funds associated with the Elder Assistance Program. Mark W. Powless (oral): The second thing is, this is very specific, and it specifies that the Trust Enrollment Department will process the payment. We are in, uhh, talks to transfer all the payments or the process to do the payments to the Trust Enrollment Department. My only concern is if we if that transition which is not complete, if that transition is not successful, we'll have two different requirements for receiving GWA, GWA payments for our elders. So, they would have to go to if, if all payments are not moved into Trust Enrollments, then elders would have to go to one area to apply for one payment and another area to apply for another payment. So, if we are able to transfer all payments over to Trust Enrollments that'll be fine. Then there's a one stop shop. But if we're not, my worry is that the wording is so specific that it details that Trust Enrollments will handle these payments it may be best not to identify which department must handle the payment process. Thank you. Response The commenter expresses concern that the Law is specific in its designation of the Trust Enrollment Department as the area responsible for the oversight of the Elder Assistance Program, and how this may relate to other approved programs of the Nation that provide assistance under the Oneida General Welfare law. The Law provides that the Trust Enrollment Department shall oversee the collection, review, and permitted distribution of funds from the Elder Assistance Program to the qualifying recipients. [10 O.C. 1002.5-6]. The Trust Enrollment Department is responsible for makin [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A2548316e89a62f8a. Public record. Not legal advice.