Oneida Business Committee (2023)
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
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ONEIDA
LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Microsoft Teams
August 16, 2023
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. August 3, 2023 LOC Meeting Minutes (pg. 2)
III.
Current Business
IV.
New Submissions
V.
Additions
VI.
Administrative Updates
1. E-Poll Results: Fiscal Impact Statement Request for the Oneida Life Insurance Plan Law (pg. 4)
2. Legislative Operating Committee 2020 - 2023 End of Term Report (pg. 24)
VII.
Executive Session
VIII. Recess/Adjourn
A good mind. A good heart. A strong fire.
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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
Microsoft Teams
August 3, 2023
2:00 p.m.
Present on Microsoft Teams: David P. Jordan, Daniel Guzman King, Jennifer Webster, Kirby
Metoxen
Others Present on Microsoft Teams: Clorissa N. Leeman, Grace Elliott, Kristal Hill, Brooke
Doxtator, Keith Doxtator, Michelle Braaten, Peggy Van Gheem, Eric Boulanger, Tina Jorgensen,
Mark A. Powless, Mark W. Powless, Mary Graves, Kaylynn Gresham, James Poels, Lisa Moore,
Jonas Hill, Jameson Wilson, Debra Powless
I.
Call to Order and Approval of the Agenda
David P. Jordan called the August 3, 2023, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda; seconded by Daniel Guzman King.
Motion carried unanimously.
II.
Minutes to be Approved
1. July 18, 2023 LOC Meeting Minutes
Motion by Jennifer Webster to approve the July 18, 2023, LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Kirby Metoxen. Motion carried
unanimously.
III.
Current Business
1. Oneida Life Insurance Plan Law
Motion by Jennifer Webster to accept the public comments and public comment review
memorandum and defer to a work meeting for further consideration; seconded by Kirby
Metoxen. Motion carried unanimously.
IV.
New Submissions
V.
Additions
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of August 3, 2023
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VI.
Administrative Items
1. Legislative Operating Committee Fiscal Year 2023 Third Quarter Report
Motion by Jennifer Webster to approve the LOC Fiscal Year 2023 Third Quarter Report
and forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion
carried unanimously.
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 2: 09 p.m.; seconded by Daniel Guzman King.
Motion carried unanimously.
Legislative Operating Committee Meeting Minutes of August 3, 2023
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August 8, 2023 Legislative Operating Committee E-Poll
Fiscal Impact Statement Request for the Oneida Life Insurance Plan
Law
E- POLL REQUEST: Fiscal Impact Statement Request for the Oneida Life Insurance Plan Law
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Good Afternoon Legislative Operating Committee,
This e-mail serves as the e-poll for the approval of the fiscal impact statement request for the Oneida Life
Insurance Plan law.
EXECUTIVE SUMMARY
The permanent adoption of the Oneida Life Insurance Plan law (the “Law”) is being sought to establish
the Oneida Life Insurance Plan as an approved program of the Nation to provide a death benefit through
the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the
Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law will:
Establish the Oneida Life Insurance Plan as an approved program of the Nation in accordance with
the Oneida General Welfare law. [10 O.C. 1004.4-1];
Provide how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2];
Provide that all members of the Nation shall qualify for benefits from the Oneida Life Insurance
Plan to be used for funeral expenses first, with any residual benefits distributed to a designated
beneficiary. [10 O.C. 1004.5-1];
Require that a member of the Nation complete the Oneida Trust Enrollment Committee approved
beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either
online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure
benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2];
Provide that funeral expenses shall be paid directly to the funeral home upon submission of a
valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall
not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary
designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)];
Require that the Oneida Trust Enrollment Department be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. [10 O.C. 1004.5-3];
Provide that the Trust Enrollment Department is the department that has the responsibilities to
oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.5-4];
Provide rules related to the determination of death and status. [10 O.C. 1004.6-1];
Prohibit a designated beneficiary who criminally and intentionally causes the death of the
decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2];
Provide how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.6-3];
Provide that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s
annual budget. [10 O.C. 1004.7-1].
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The Legislative Operating Committee held a public meeting for the proposed Oneida Life
Insurance Plan law virtually on Microsoft Teams on July 13, 2023. No one provide public comment
during the public meeting. The public comment period was then held open until the close of
business on July 20, 2023. One (1) submission of written comments was received during the
public comment period. On August 3, 2023, the Legislative Operating Committee accepted,
reviewed, and considered the public comments received. There are no revisions proposed to be
made to the draft since the public meeting.
We are ready to move onto the next stage of the legislative process which is requesting a fiscal
impact statement be developed. 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.
Oneida Business Committee resolution BC-I0-28-20-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.
So, now that we have a final draft of the proposed amendments to the law, the fiscal impact
request memorandum is a memorandum from the LOC to the Finance Department directing that
a fiscal impact statement of the proposed law be completed and provided to the LOC by August
18, 2023.
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Attached to this e-poll please find the following materials:
Updated Public Comment Review Memorandum with LOC Consideration;
Oneida Life Insurance Plan law;
Legislative Analysis; and
Fiscal Impact Statement Request Memorandum.
The LOC is now being asked to approve by e-poll the updated public comment review memorandum,
draft, updated legislative analysis, and fiscal impact statement request memorandum; and forward the
appropriate materials to the Finance Administration and direct that a fiscal impact statement for the
proposed Oneida Life Insurance Plan law be provided to the LOC by August 18, 2023.
An e-poll is necessary for this matter because the next Legislative Operating Committee meeting is not
until August 16, 2023, and the Legislative Operating Committee would have to have the adoption
materials for this legislative item considered at the August 26, 2023, Oneida Business Committee meeting.
REQUESTED ACTION
Approve the updated public comment review memorandum, draft, updated legislative analysis,
and fiscal impact statement request memorandum; and
Forward the appropriate materials to the Finance Administration and direct that a fiscal impact
statement for the proposed Oneida Life Insurance Plan law be provided to the LOC by August 18,
2023.
DEADLINE FOR RESPONSE
August 8 at 6:00 p.m.
All supporting documentation has been attached to this email for your convenience.
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ONEIDA
A good mind. A g<>oci heart. A strong fire.
E-POLL RESULTS:
This e-poll was approved by David P. Jordan, Jennifer Webster, and Kirby Metoxen. Daniel Guzman King
did not provide a response.
Page 3 of 4
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RE: E- POLL REQUEST: Fiscal Impact Statement Request for the Oneida Life Insurance Plan Law
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Jennifer A. Webster
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Page 4 of 4
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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. Leeman, Legislative Reference Office, Senior Staff Attorney
August 8, 2023
Oneida Life Insurance Plan Law: Public Comment Review
On July 13, 2023, a public meeting was held regarding the proposed Oneida Life Insurance Plan
law (“the Law”). The public comment period was then held open until July 20, 2023. The
Legislative Operating Committee reviewed and considered the public comments on August 3,
2023.
Comment 1 – No Designated Beneficiary:
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an
approved program of the Nation in accordance with the Oneida General Welfare law. The
purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of
financial assistance to eligible members of the Nation to pay for funeral expenses, with any
residual benefit amounts paid thereafter to the designated beneficiary.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida
Life Insurance Plan to be used for funeral expenses first, with any residual benefits
distributed to a designated beneficiary.
(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be
covered from the date their relinquishment request is approved by the Oneida Trust
Enrollment Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida
Trust Enrollment Committee approved beneficiary designation form and submit it to the
Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust
Enrollment Office, prior to their death in order to secure benefits from the Oneida Life
Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to
the effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the
decedent did not designate a living beneficiary though the beneficiary designation
form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation
form on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of
Page 1 of 4
A good mind. A good heart. A strong fire.
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a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a
designated beneficiary has not been designated.
1004.6. Beneficiary Claim Process and Distribution
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the
following order:
(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of
the beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
Marena Bridges (written): I am writing to express my thoughts and concerns regarding the
current Oneida Life Insurance Plan law, specifically in relation to the allocation of unassigned
benefit funds following the policyholder's demise.
At present, in the event of a policyholder's passing, if no beneficiary has been explicitly named,
the residual funds after memorial expenses are not allocated to the legal next of kin. Instead, these
resources revert back to the Oneida Nation. This, in my view, poses a significant problem that
needs to be addressed.
It is understandable that the responsibility of designating a beneficiary lies with the insured.
However, it must be recognized that there could be numerous circumstances that prevent someone
from fulfilling this task - a sudden and unexpected death, a lack of understanding about the
importance of the beneficiary designation process, or perhaps a misunderstanding that next of kin
would automatically be considered beneficiaries. Consequently, it seems unjust that the grieving
next of kin, already dealing with the emotional trauma of their loss, should bear additional financial
burden due to this policy. From both a humanitarian and community-centric perspective, it would
seem more equitable for the legal next of kin to receive any leftover benefit monies in the absence
of a named beneficiary. This would not only provide some much-needed financial relief during a
difficult time but would also align with the community's values of support and solidarity.
In this context, I propose that the Oneida Life Insurance Plan law be revised to incorporate a clause
to address this issue. Specifically, in cases where no beneficiary has been named, the residual
benefit funds after covering memorial expenses should be awarded to the legal next of kin. This
will ensure that the insured’s resources remain within the family and community, providing aid
where it is most needed.
I urge the Committee to consider this proposal for the benefit of our community members who
may unexpectedly find themselves in such a situation. Providing clearer communication about the
necessity of naming a beneficiary, and setting the legal next of kin as the default beneficiary in the
absence of a named one, would undoubtedly alleviate some of the financial concerns experienced
by grieving families.
I appreciate your time and consideration, and I trust in your commitment to the welfare of the
Oneida community.
A good mind. A good heart. A strong fire.
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Thank you.
Response
The commenter proposes that the Oneida Life Insurance Plan law be amended to allow for any
residual benefits to be provided to the decedent’s next of kin if a beneficiary is not designated.
The Oneida Life Insurance Plan law is very clear that the intent of the Oneida Life Insurance Plan
is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the
Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the
designated beneficiary. [10 O.C. 1004.4-1, 1004.6-3]. A member of the Nation is required to
complete the Oneida Trust Enrollment Committee approved beneficiary designation form and
submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust
Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance
Plan for their beneficiary. [10 O.C. 1004.5-2]. Any Oneida Life Insurance Plan beneficiary
designation form that has already been submitted to the Oneida Trust Enrollment Department
prior to the effective date of this law remains valid. [10 O.C. 1004.5-2(a)]. Oneida Life Insurance
Plan residual benefits are not paid or claimed if the decedent did not designate a living beneficiary
though the beneficiary designation form. [10 O.C. 1004.5-2(b)]. A parent or legal guardian is
required to complete and submit a beneficiary designation form on behalf of their minor child or
ward. [10 O.C. 1004.5-2(c)]. Funeral expenses are paid directly to the funeral home upon
submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a
designated beneficiary has not been designated. [10 O.C. 1004.5-2(d)].
Previously, the Nation contracted with the company Epic to manage the Oneida Life Insurance
Plan. Epic collected relevant information regarding the decedent and beneficiaries and distributed
funds from the Oneida Life Insurance Plan. The contract between the Nation and Epic was
terminated on September 30, 2022. The Oneida Trust and Enrollment Committee determined the
Oneida Trust and Enrollment Department could manage the Oneida Life Insurance Plan in-house,
yielding a cost savings to the Nation and expediting payments to the beneficiaries. It was
determined that the Nation did not currently have the resources to track down and determine a
decedent’s next of kin if no beneficiary was designated, and therefore it should be the responsibility
of the individual to ensure that they submit a beneficiary designation form.
The Legislative Operating Committee may consider whether the Oneida Life Insurance Plan law
be amended to allow for any residual benefits to provided be to the decedent’s next of kin if a
beneficiary is not designated.
LOC Consideration
The Legislative Operating Committee held great discussion regarding the issue of whether the
proposed Oneida Life Insurance Plan law should be amended to allow for any residual benefits to
be provided to the decedent’s next of kin if a beneficiary is not designated. The Legislative
Operating Committee understands the perspective the commenter expressed, and held great
discussions on how to balance the Nation’s resources in best managing the Oneida Life Insurance
Plan law and the need for the responsibility to lie with the tribal member to ensure that the
A good mind. A good heart. A strong fire.
Page 3 of 4
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designated beneficiary form is submitted if an individual desires that any residual benefits be
provided to their selected individual, while also addressing concerns that some individuals may
not be aware of the need to submit a beneficiary designation form.
On August 8, 2023, the Legislative Operating Committee held a work meeting with the Trust
Enrollment Department and the Oneida Law Office to discuss this matter in greater detail. The
Trust Enrollment Department informed the Legislative Operating Committee that the Trust
Enrollment Department has made efforts to inform the community of the requirement to fill out a
beneficiary designation form for the Oneida Life Insurance Plan through mailers sent to the homes
of all members of the Nation, information provided at General Tribal Council meetings,
information published in the Kalihwisaks, and information provided through Facebook Live
segments. At this point in time about sixty-five percent (65%) of adult members of the Nation have
submitted a beneficiary designation form. The Legislative Operating Committee discussed the
desire and need for the Trust Enrollment Committee to continue its efforts to inform the
community of the requirement to submit beneficiary designation form in accordance with the
Oneida Life Insurance Plan law. Efforts to specifically target individuals who have not submitted
a beneficiary designation form were also greatly discussed.
Ultimately, the Legislative Operating Committee determined that the Oneida Life Insurance Plan
law should remain as currently drafted so that a member of the Nation is required to complete the
Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the
Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment
Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their
beneficiary.
A good mind. A good heart. A strong fire.
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Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking
1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1004.2-2. 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.
1004.2-3. 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.
1004.2-4. 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.
1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1004.3. Definitions
1004.3-1. 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) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral
expenses of an enrolled member of the Nation, with any residual amounts paid thereafter
to the designated beneficiary.
(c) “Decedent” means the deceased person.
(d) “Designated Beneficiary” means any person(s) designated by the enrolled member of
the Nation, through the approved beneficiary designation form, to receive all or a portion
10 O.C. 1004 – Page 1
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of the decedent’s Oneida Life Insurance Plan benefit.
(e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced
by the funeral home including, but not limited to, the following:
(1) funeral planning;
(2) securing the necessary permits and copies of death certificates;
(3) preparing the notices;
(4) sheltering the remains;
(5) coordinating the arrangements with the cemetery, crematory or other third
parties;
(6) transporting the remains;
(7) embalming and other preparation;
(8) viewing, ceremony, or memorial services;
(9) use of a hearse or limousine;
(11) a casket, outer burial container or alternate container;
(11) monuments; and
(12) cremation or interment.
(f) “Nation” means the Oneida Nation.
1004.4. Establishment
1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved
program of the Nation in accordance with the Oneida General Welfare law. The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance
to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts
paid thereafter to the designated beneficiary.
1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan 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 5.01(1); and the requirements of the Tribal General Welfare
Exclusion Act of 2014, 26 U.S.C. §139E(b).
(a) The assistance provided through the Oneida Life Insurance Plan is:
(1) paid on behalf of the Nation;
(2) pursuant to an approved program of the Nation;
(3) does not discriminate in favor of members of the governing body of the Nation;
(4) available to any eligible member of the Nation who meets the guidelines of the
approved program;
(5) provided for the promotion of general welfare;
(6) not lavish or extravagant;
(7) not compensation for services; and
(8) not a per capita payment.
(b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses
related to a death as Safe Harbor program for which need is presumed.
1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life
Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a
designated beneficiary.
10 O.C. 1004 – Page 2
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(a) Newly enrolled members of the Nation shall be covered the date their enrollment
application is approved by Oneida Trust Enrollment Committee and Oneida Business
Committee.
(b) Members of the Nation that have relinquished their membership shall not be covered
from the date their relinquishment request is approved by the Oneida Trust Enrollment
Committee and Oneida Business Committee.
1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to
their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary.
(a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the
effective date of this law shall remain valid.
(b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent
did not designate a living beneficiary though the beneficiary designation form.
(c) A parent or legal guardian shall complete and submit a beneficiary designation form
on behalf of their minor child or ward.
(d) Funeral expenses shall be paid directly to the funeral home upon submission of a valid
invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated
beneficiary has not been designated.
1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one
(1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan
benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution.
1004.5-4. Oversight. The Oneida Trust Enrollment Department shall be delegated the oversight
and management of the Oneida Life Insurance Plan.
1004.6. Beneficiary Claim Process and Distribution
1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules
relating to determination of death and status are applicable:
(a) A certified or authenticated copy of a death certificate purporting to be issued by an
official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent;
(b) A certified or authenticated copy of any record or report of a governmental agency,
domestic or foreign, of a decedent’s death; and
(c) A person who is absent for a continuous period of seven (7) years, during which they
have not been heard from, and whose absence is not satisfactorily explained after diligent
search or inquiry is presumed to be dead. Their death is presumed to have occurred at the
end of the period unless there is sufficient evidence for determining that death occurred
earlier.
1004.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits
passing under this law.
1004.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following
order:
10 O.C. 1004 – Page 3
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(a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom;
(1) Any expenses beyond the funeral expenses shall be the responsibility of the
beneficiary, family of the decedent, or any other responsible parties.
(b) Residual benefits shall be paid to the designated beneficiary.
1004.7. Funding
1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding by the
Nation’s.
1004.8. Administrative Rulemaking
1004.8-1. Delegation of Administrative Rulemaking Authority. The Oneida Trust Enrollment
Department shall be delegated administrative rulemaking authority in accordance with the
Administrative Rulemaking law to promulgate rules to govern the administration of the Oneida
Life Insurance Plan.
End.
Emergency Adopted – BC-09-28-22-C
Emergency Extension – BC-03-22-23-C
Adopted – BC-__-__-__-__
10 O.C. 1004 – Page 4
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ADOPTION OF THE
ONEIDA LIFE INSURANCE PLAN LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Law
Analysis by the Legislative Reference Office
Establish the Oneida Life Insurance Plan as an approved program of the
Nation in accordance with the Oneida General Welfare law. [10 O.C.
1004.4-1].
Provide how this program qualifies for general welfare exclusion. [10
O.C. 1004.4-2].
Provide that all members of the Nation shall qualify for benefits from the
Oneida Life Insurance Plan to be used for funeral expenses first, with any
residual benefits distributed to a designated beneficiary. [10 O.C. 1004.51].
Require that a member of the Nation complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and
submit it to the Oneida Trust Enrollment Committee, either online or in
person at the Oneida Trust Enrollment Office, prior to their death in order
to secure residual benefits from the Oneida Life Insurance Plan for their
beneficiary. [10 O.C. 1004.5-2].
Provide that funeral expenses shall be paid directly to the funeral home
upon submission of a valid invoice, up to the limit of the Oneida Life
Insurance Plan benefits, even if a designated beneficiary has not been
designated – but the Oneida Life Insurance Plan residual benefits shall
not be paid or claimed if the decedent did not designate a living
beneficiary though the beneficiary designation form. [10 O.C. 1004.52(b), 1004.5-2(d)].
Require that the Oneida Trust Enrollment Department be notified within
one (1) year of the member of the Nation’s death in order to distribute the
Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.53].
Provide that the Trust Enrollment Department is the department that has
the responsibilities to oversee and administer the Oneida Life Insurance
Plan. [10 O.C. 1004.5-4].
Provide rules related to the determination of death and status. [10 O.C.
1004.6-1].
Prohibit a designated beneficiary who criminally and intentionally causes
the death of the decedent from being entitled to any benefits passing under
this law. [10 O.C. 1004.6-2].
Provide how the Oneida Life Insurance Plan benefits shall be distributed.
[10 O.C. 1004.6-3].
Provide that the Oneida Life Insurance Plan shall be contingent on
funding by the Nation. [10 O.C. 1004.7-1].
Delegate administrative rulemaking authority in accordance with the
Administrative Rulemaking law to the Oneida Trust Enrollment
Committee for the purpose of promulgating rules to govern the
administration of the Oneida Life Insurance Plan. [10 O.C. 1004.8-1].
Page 1 of 6
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Purpose
Affected Entities
Public Meeting
Fiscal Impact
Expiration of Emergency
Legislation
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To provide a death benefit of fifteen thousand dollars ($15,000) through the
Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation
members, pursuant to the Oneida General Welfare law.[10 O.C. 1004.1-1].
Oneida Trust Enrollment Department.
A public meeting was held on July 13, 2023. The public comment period was
held open until July 20, 2023.
A fiscal impact statement has not yet been requested.
Emergency adoption of the Oneida Life Insurance Plan law expires on
September 28, 2023.
SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. The Oneida Life Insurance law will be a new law adopted by the Nation on for the
purpose of providing a death benefit of fifteen thousand dollars ($15,000) through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law. [10 O.C. 1004.1-1].
B. Emergency Adoption. On August 17, 2022, the Legislative Operating Committee received a request
from the Oneida Law Office and the Oneida Trust Enrollment Committee for the adoption of the Oneida
Life Insurance Plan law on an emergency basis. The Nation provided the Oneida Life Insurance Plan
Plus, otherwise known as OLIPP, which consisted of fifteen thousand dollars ($15,000) of life
insurance benefits directly payable to a tribal member’s designated beneficiaries. The Nation contracted
with the company Epic to manage OLIPP. Epic collected relevant information regarding the decedent
and beneficiaries and distributed OLIPP funds. Epic planned to cease this service offering and terminate
its current contracts for this service, including with the Nation, on September 30, 2022. The Oneida
Trust and Enrollment Committee determined the Oneida Trust and Enrollment Department could
manage OLIPP in-house, yielding a cost savings to the Nation and expediting payments to the
beneficiaries. The proposed OLIPP law codified this benefit as an approved program under the Oneida
General Welfare law. The Oneida Trust and Enrollment Department requested this proposed law be
considered for emergency adoption since the Oneida Trust and Enrollment Department sought to
commence the in-house management and oversight of OLIPP immediately after the Epic contract
terminated on September 30, 2022. A smooth transition would ensure uninterrupted service the tribal
members participating in OLIPP and the beneficiaries that will emerge in the next fiscal year and
beyond. The Oneida Life Insurance Plan law (the “Law”) was adopted by the Oneida Business
Committee on an emergency basis on September 28, 2022, through the adoption of resolution BC-0928-22-C. The emergency adoption of this Law was set to expire on March 28, 2023. The Legislative
Operating Committee sought an extension of the emergency adoption of this Law. The Oneida Business
Committee extended the emergency adoption of this Law on March 22, 2023, through the adoption of
resolution BC-03-22-23-C. The emergency adoption of this law will expire on September 28, 2023.
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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;
Oneida Trust Enrollment Department;
Oneida Business Committee; and
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Finance Administration.
B. The following laws were reviewed in the drafting of this analysis:
Oneida General Welfare law; and
Administrative Rulemaking Law.
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SECTION 4. PROCESS
A. The development of the proposed Oneida Life Insurance Plan law complies with the process set forth
in the Legislative Procedures Act (LPA).
On September 7, 2022, the Legislative Operating Committee added the Law to its Active Files List.
On September 21, 2022, the Legislative Operating Committee conducted an e-poll entitled,
Emergency Adoption of the Oneida Life Insurance Plan Law. The requested action of this e-poll
was to approve the Oneida Life Insurance Plan law emergency adoption packet and forward to the
Oneida Business Committee for consideration. This e-poll was approved by Jennifer Webster,
Daniel Guzman King, David P. Jordan, Kirby Metoxen, and Marie Cornelius.
On September 28, 2022, the Oneida Business Committee adopted the Oneida Life Insurance Plan
law on an emergency basis through the adoption of resolution BC-09-28-22-C.
On October 5, 2022, the Legislative Operating Committee entered into the record the results of the
September 21, 2022, e-poll entitled, Emergency Adoption of the Oneida Life Insurance Plan Law.
On March 15, 2023, the Legislative Operating Committee approved the emergency extension of
the Oneida Life Insurance Plan law packet and forwarded these materials to the Oneida Business
Committee for consideration. The Legislative Operating Committee also approved the draft of the
Oneida Life Insurance Plan law and directed that a legislative analysis be completed.
On March 22, 2023, the Oneida Business Committee extended the emergency adoption of the
Oneida Life Insurance Plan law for an additional six (6) month period through the adoption of
resolution BC-03-22-23-C.
On May 17, 2023, the Legislative Operating Committee approved the updated draft of the Oneida
Life Insurance Plan law, legislative analysis, and public meeting notice, and forward the Oneida
Life Insurance Plan law to a public meeting to be held on July 13, 2023.
On July 13, 2023, a public meeting for the proposed Oneida Life Insurance Plan law was held on
Microsoft Teams. No oral comments were made during the public meeting.
The public comment period was then held open until July 20, 2023. One (1) submission of written
comments was received during the public comment period.
On August 3, 2023, the Legislative Operating Committee accepted the public comments and public
comment review memorandum and deferred this legislative item to a work meeting for further
consideration. That same day the Legislative Operating Committee held a work meeting to review
and consider the public comments.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
August 25, 2022. LOC work meeting with the Oneida Law Office;
September 21, 2022. LOC work meeting with the Oneida Law Office;
September 27, 2022. LOC work meeting with the Oneida Law Office and Finance Administration;
March 6, 2023. LOC work meeting with the Oneida Law Office, Finance Administration, and
Oneida Trust Enrollment Department;
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March 28, 2023. LOC work meeting with the Oneida Law Office, Finance Administration, Oneida
Trust Enrollment Department, and Oneida Business Committee; and
May 5, 2023. LRO work meeting with Oneida Trust Enrollment Department.
August 3, 2023: LOC work meeting.
August 8, 2023: LOC work meeting with the Oneida Law Office and Oneida Trust Enrollment
Department.
SECTION 5. CONTENTS OF THE LEGISLATION
A. Purpose and Policy. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General
Welfare law. [10 O.C. 1004.1-1]. The General Tribal Council, through resolution GTC-01-17-09-B,
approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars
($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The
payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation
member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and
welfare of the community. [10 O.C. 1004.1-1(a)]. It is the policy of the Nation to care for its members
and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan
process to ensure equitable and expedient distribution to designated beneficiaries. [10 O.C. 1004.1-2].
Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide
assistance to members of the Nation on a non-taxable basis through an approved program.
B. Establishment. This Law establishes the Oneida Life Insurance Plan as an approved program of the
Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1].The purpose of the
Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to
eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid
thereafter to the designated beneficiary. Id. Funeral expenses include funeral planning; securing the
necessary permits and copies of death certificates; preparing the notices; sheltering the remains;
coordinating the arrangements with the cemetery, crematory or other third parties; transporting the
remains; embalming and other preparation; viewing, ceremony or memorial service; use of a hearse or
limousine; a casket, outer burial container or alternate container; monuments; and cremation or
interment. [10 O.C. 1004.3-1(e)]. The Oneida Life Insurance Plan 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 5.01(1); and the requirements of the Tribal General Welfare Exclusion Act of
2014, 26 U.S.C. §139E(b). [10 O.C. 1004.4-2].
C. Eligibility. The Law provides that all members of the Nation shall qualify for benefits from the Oneida
Life Insurance Plan to be used for funeral expenses first, with any residual benefits then distributed to
a designated beneficiary. [10 O.C. 1004.5-1].
D. Designation of Beneficiary. A member of the Nation is required to complete the Oneida Trust
Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust
Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their
death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C.
1004.5-2]. Any Oneida Life Insurance Plan beneficiary designation form that has already been
submitted to the Oneida Trust Enrollment Department prior to the effective date of this law shall remain
valid. [10 O.C. 1004.5-2(a)]. Oneida Life Insurance Plan residual benefits shall not be paid or claimed
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if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C.
1004.5-2(b)]. A parent or legal guardian shall complete and submit a beneficiary designation form on
behalf of their minor child or ward. [10 O.C. 1004.5-2(c)]. Funeral expenses shall be paid directly to
the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan
benefits, even if a designated beneficiary has not been designated. [10 O.C. 1004.5-2(d)].
E. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. [10 O.C. 1004.5-3]. Oneida Life Insurance Plan claims made beyond the first anniversary
of the decedent’s death shall not be processed for distribution. Id.
F. Oversight. The Trust Enrollment Department shall be delegated the oversight and management of the
Oneida Life Insurance Plan. [10 O.C. 1004.5-4].
G. Evidence as to Passing or Status. The Law provides the following rules relating to determination of
death and status are applicable: a certified or authenticated copy of a death certificate purporting to be
issued by an official or agency of the place where the death purportedly occurred is prima facie proof
of the fact, place, date and time of death, and the identity of the decedent; a certified or authenticated
copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and
a person who is absent for a continuous period of seven (7) years, during which they have not been
heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is
presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is
sufficient evidence for determining that death occurred earlier. [10 O.C. 1004.6-1].
H. Effect of Homicide on Beneficiary Designation. The Law provides that a designated beneficiary who
criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing
under this law. [10 O.C. 1004.6-2].
I. Distribution. The Law provides that the Oneida Life Insurance Plan benefits shall be distributed in the
following order: (1) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid
invoice therefrom; then residual benefits shall be paid to the designated beneficiary. [10 O.C. 1004.63].
J. Funding. The Oneida Life Insurance Plan shall be contingent on funding by the Nation. [10 O.C.
1004.7-1].
K. Delegation of Rulemaking Authority. The Oneida Trust Enrollment Department is delegated
administrative rulemaking authority in accordance with the Administrative Rulemaking law to
promulgate rules to govern the administration of the Oneida Life Insurance Plan. [10 O.C. 1004.8-1].
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EXAMPLES
Example 1. John Doe is an enrolled member of the Nation who designated his wife Jane Doe as his
beneficiary on the Oneida Nation Life Insurance Plan beneficiary designation form. John unfortunately
passes away. The funeral of John Doe will cost $12,000. Jane Doe can provide the Oneida Trust Enrollment
Department the invoice from the funeral home, and the $12,000 will be paid through the Oneida Life
Insurance Plan directly to the funeral home. After the funeral is paid, there is $3,000 remaining of the
original $15,000 Oneida Life Insurance Plan benefit. Since Jane is listed as John’s beneficiary, the
remaining $3,000 of benefits will then be given to Jane Doe.
Example 2. John Doe is an enrolled member of the Nation who never found the time to fill out and submit
the Oneida Nation Life Insurance Plan beneficiary designation form. John unfortunately passes away. The
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funeral of John Doe will cost $12,000. Anyone can provide the Oneida Trust Enrollment Department the
invoice from the funeral home, and the $12,000 will be paid through the Oneida Life Insurance Plan directly
to the funeral home. Since there is no beneficiary designated, the remaining $3,000 of the original $15,000
Oneida Life Insurance Plan benefit remains with the Nation.
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SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
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 Life Insurance Plan 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 Life Insurance Plan meets the requirements of the General Test as defined in
the Oneida General Welfare Law. [10 O.C. 1003.4-2].
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust
Enrollment Department to promulgate rules to govern the administration of the Oneida
Life Insurance Plan. [10 O.C. 1004.8-1].
Any rules promulgated by the Oneida Trust Enrollment Department must be done in
accordance with the process and procedures of the Administrative Rulemaking law.
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SECTION 7. OTHER CONSIDERATIONS
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A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law will expire on
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September 28, 2023.
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Conclusion: The Legislative Operating Committee will need to consider the development and
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adoption of this Law on a permanent basis within the next four (4) months.
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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
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legislation except emergency legislation. [1 O.C. 109.6-1] . Oneida Business Committee resolution
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BC-10-28-20-A, Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,
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provides further clarification on who the Legislative Operating Committee may direct complete a fiscal
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impact statement at various stages of the legislative process, as well as timeframes for completing the
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fiscal impact statement.
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Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
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statement be completed.
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Oneida Nation
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Keith Doxtator, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistant Chief Financial Officer
David P. Jordan, Legislative Operating Committee Chairman
August 8, 2023
Oneida Life Insurance Plan Law Fiscal Impact Statement
The Legislative Operating Committee (LOC) is currently developing the Oneida Life Insurance
Plan 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 August 8, 2023, the Legislative Operating Committee approved the final draft of the proposed
Oneida Life Insurance Plan law. Therefore, the LOC is directing the Finance Department to
provide a fiscal impact statement on the proposed Oneida Life Insurance Plan law by August 18,
2023.
Page 1 of 2
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A copy of the proposed Oneida Life Insurance Plan 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 Oneida Life Insurance Plan law by
August 18, 2023.
A good mind. A good heart. A strong fire.
Page 2 of 2
~
ONEIDA
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Oneida Nation
=DODDOO
PO Box 365 • Oneida, WI 54155-0365
ONEIDA
Oneida-nsn.gov
HANDOUT
TO:
FROM:
DATE:
RE:
"'
Oneida Business Committee
Legislative Operating Committee
Oneida Business Committee
David P. Jordan, LOC Chairperson
August 16, 2023
2020-2023 Legislative Operating Committee End of Term Report
The Legislative Operating Committee is the legislative body of the Oneida Nation and is
comprised of the five (5) non-officer members of the Oneida Business Committee. During the
2020-2023 legislative term the Legislative Operating Committee was comprised of David P.
Jordan (chairman), Kirby Metoxen (vice-chairman), Jennifer Webster, Daniel Guzman King, and
Marie Summers.
This report details the Legislative Operating Committee’s accomplishments during the 2020-2023
legislative term and is based on information from the Legislative Operating Committee’s Active
Files List (“AFL”), which is used to track the work of the Legislative Operating Committee.
Table 1. below provides a summary of the Legislative Operating Committee’s work during the
2020-2023 Legislative Term. The remainder of the report provides more in-depth detail on the
accomplishments of the Legislative Operating Committee.
Table 1.
Summary of the Legislative Operating Committee 2020-2023 Term
LEGISLATION
New Laws
New Laws Adopted
New Laws Added to AFL and Incomplete at End of Term
Amendments
Amendments Adopted
Amendments Added to AFL and Incomplete at End of Term
Total Legislative Items Added to AFL
NON-LEGISLATIVE ITEMS
Bylaws Amendments
Bylaws Amendments Adopted
Bylaws Amendments Added to AFL and Incomplete at End of Term
Administrative Rules
Administrative Rules Certified and Adopted
Administrative Rules Incomplete at End of Term
General Tribal Council Petitions
GTC Petitions Processed
GTC Petitions Placed onto AFL and Incomplete at End of Term
Total Non-Legislative Items Added to AFL
Total Legislative and Non-Legislative Items Added to AFL During Term
Page 1 of 11
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Chart 1. below looks at the status of all items added to the Active Files List at the end of the 20202023 term.
Chart 1. Status of All Items Added to the Active Files List
Removed from AFL
1%
■
Incomplete at End of
Term
37%
Completed Legislation,
Bylaws, Administrative
Rules, Petitions
• Incomplete at End of Term
• Removed from AFL
Completed
Legislation, Bylaws,
Administrative Rules,
Petitions
62%
Overall, the Legislative Operating Committee completed eighty-four (84) items during the 20202023 legislative term, which included work on laws of the Nation – including both new laws and
amendments, bylaws, administrative rules and General Tribal Council petitions. Fifty (50) items
remain incomplete at the end of the legislative term. Two (2) items were removed from the Active
Files List. While working on all of these items the Legislative Operating Committee held nine (9)
public meetings, held open fifteen (15) public comment periods, and held over three hundred (300)
work meetings.
The Legislative Operating Committee completed approximately sixty-two percent (62%) of all
work that was placed on the Active Files List during the 2020-2023 term.
LEGISLATION
The main responsibility of the Legislative Operating Committee is the drafting of legislation –
including both new laws and amendments to laws. Drafting legislation allows the Nation to
exercise its inherent sovereignty. Legislation of the Nation effects every facet of the Nation:
Legislation assists in creating strong economic systems and ensuring the long-term stability
of the Nation;
Legislation promotes social changes and public safety;
Legislation provides effective guidance for every area and department of the Nation; and
Legislation promotes good governance.
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The drafting and development of legislation helps build a responsible Nation which advances
On^yote?a.ka principles. The Legislative Operating Committee adopted thirty-nine (39) pieces of
legislation this term.
Once the Legislative Operating Committee decides to add a legislative request to its Active Files
List the development of proposed legislation begins with conducting research on the topic of the
legislation. The Legislative Operating Committee organizes and conducts collaborative work
meetings with affected entities to develop the proposed legislation. Once a draft of the proposed
legislation is developed and a legislative analysis is completed, the Legislative Operating
Committee holds a public meeting and public comment period for the proposed legislation for the
purpose of collecting input from the community. Once the Legislative Operating Committee
considers all public comments that were received and finalizes the draft, a fiscal impact statement
is requested. The proposed legislation is then presented to the Oneida Business Committee or
General Tribal Council for adoption.
Table 2. below provides more details on the status of the Legislative Operating Committee’s
legislative accomplishments and work during the 2017-2020 term.
Table 2.
Legislation During the 2020-2023 Term
ADOPTED LEGISLATION
New Laws Adopted
10
Pandemic Relief Assistance Law [Emergency Adoption]
BC-11-24-20-D
Industrial Hemp Law
BC-12-09-20-A
Public Peace Law
BC-09-08-21-A
Oneida General Welfare Law
BC-12-08-21-A
Oneida Nation Assistance Fund Law [Emergency Adoption]
BC-06-08-22-A
Elder Assistance Program Law
BC-07-13-22-A
Healing to Wellness Court Law
BC-07-13-22-D
Oneida Life Insurance Plan Law [Emergency Adoption]
BC-09-28-22-C
Oneida Nation Assistance Fund Law
BC-11-30-22-E
Oneida Life Insurance Plan Law [Extension of Emergency Adoption] BC-03-22-23-C
Oneida Life Insurance Plan Law
Tentative 8/23/23*
Amendments Adopted
29
General Tribal Council Meeting Stipend Payment Policy BC-09-23-20-B
Amendments [Emergency Amendments Extension]
Budget Management and Control Law Amendments [Emergency BC-11-24-20-E
Amendments]
Oneida General Welfare Law Amendments [Emergency BC-02-10-21-B
Amendments]
Oneida Higher Education Pandemic Relief Fund Law Amendments BC-02-24-21-A
L_
___
_ _ _ _ _ _ _ _ _ _ _ ____J___ _ _
[Emergency
Amendments]
1-----:~
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Emergency Management and Homeland Security Law Amendments BC-03-10-21-A
Community Support Fund Law Amendments
BC-03-10-21-C
Pardon and Forgiveness Law Amendments [Emergency BC-04-28-21-A
Amendments]
Election Law Amendments [Emergency Amendments]
BC-04-28-21-B
Budget Management and Control Law Amendments [Emergency BC-05-12-21-C
Amendments]
Oneida Nation Gaming Ordinance Amendments [Emergency BC-05-12-21-D
Amendments]
Oneida Worker’s Compensation Law Amendments [Emergency BC-05-12-21-H
Amendments]
Early Return to Work Law Amendments [Emergency Amendments] BC-05-12-21-I
Oneida General Welfare Law Amendments [Extension of Emergency BC-07-28-21-M
Amendments]
Pardon and Forgiveness Law Amendments [Extension of Emergency BC-10-27-21-A
Amendments]
Oneida Nation Gaming Ordinance Amendments [Extension of BC-11-10-21-A
Emergency Amendments]
Budget Management and Control Law Amendments [Extension of BC-11-10-21-B
Emergency Amendments]
Oneida Personnel Policies and Procedures Amendments [Emergency BC-11-24-21-A
Amendments]
Furlough Law Amendments
BC-02-09-22-A
Oneida Personnel Policies and Procedures Amendments [Emergency BC-05-11-22-A
Amendments]
Budget Management and Control Law Amendments
BC-05-11-22-B
Oneida Nation Gaming Ordinance Amendments
BC-05-11-22-C
Election Law Amendments [Emergency Amendments]
BC-07-13-22-E
Children’s Code Amendments
BC-09-14-22-A
Emergency Management Law Amendments [Emergency BC-09-14-22-B
Amendments]
Budget and Finances Law Amendments [Emergency Amendments]
BC-10-26-22-D
Oneida Personnel Policies and Procedures Amendments [Extension BC11-07-22-A
of Emergency Amendments]
Election Law Amendments [Emergency Amendments]
BC-12-28-22-B
Election Law Amendments [Emergency Amendments]
BC-03-08-23-B
Emergency Management Law Amendments
BC-03-08-23-C
Total Laws Adopted
39
LEGISLATION ADDED TO AFL BUT INCOMPLETE AT END OF TERM
New Laws Added to AFL But Incomplete at End of Term
19
Business Corporations Law
Credit Collections Law
Drug and Alcohol Free Law for Elected and Appointed Officials
Elder Protection Law
Emergency Gift Card Law
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Environmental Review Law
Fire Signs Law
Guardianship Law
Higher Education Scholarship Law
Marijuana Law
Misappropriation of Funds Law
Oneida Land Trust Law
Oneida Language Code
Probate Law
Sanctions and Penalties Law
Taxation Law
Traffic Law
Tribal Sovereignty in Data Research Law
Two Spirit Inclusion Law
Amendments Added to AFL But Incomplete at End of Term
25
All Terrain Vehicle Amendments
Back Pay Law Amendments
Cemetery Law Amendments
Clear Air Policy Amendments
Code of Ethics Amendments
Domestic Animals Law Amendments
Drug and Alcohol Free Workplace Law Amendments
Endowments Law Amendments
Eviction and Termination Law Amendments
Furlough Law Amendments
Hunting, Fishing, and Trapping Law Amendments
Investigative Leave Policy Amendments
Law Enforcement Ordinance Amendments
Layoff Policy Amendments
Local Land Use Regulation Reimbursement Policy Repeal
Oneida Personnel Policies and Procedures Amendments
On-Site Waste Disposal Law Amendments
Public Use of Tribal Land Law Amendments
Real Property Law Amendments
Recycling and Solid Waste Disposal Law Amendments
Tribal Environmental Response Law Amendments
Tribal Environmental Quality Review Law Amendments
Water Resources Law Amendments
Well Abandonment Law Amendments
Workplace Violence Law Amendments
Total Laws Remaining on AFL
44
LEGISLATION REMOVED FROM AFL
Laws Removed from AFL
0
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Chart 2. below looks at the status of all legislative items – meaning new laws and amendments to
laws - added to the Active Files List at the end of the 2020-2023 term.
Chart 2. Status of Legislation Added to the Active Files List
Removed from AFL
0%
Incomplete at End of
Term
53%
D
Adopted
47%
■
Adopted
■
Incomplete at End of Term
■
Removed from AFL
Looking specifically at legislation of the Nation, thirty-nine (39) legislative items, including new
laws and amendments to laws, were adopted into law during the 2020-2023 legislative term. Fortyfour (44) legislative items remain incomplete on the Active Files List at the end of term. Zero (0)
legislative items were removed from the Active Files List during the 2020-2023 term. Six (6) laws
were denied being added to the Active Files List during the 2020-2023 legislative term.
The Legislative Operating Committee completed approximately forty-seven percent (47%) of
legislative items that were placed on the Active Files List during the 2020-2023 term. In
comparison to prior terms, the completion rate for the 2008-2011 term was fifty-eight percent
(58%), for the 2011-2014 term it was fifty-four percent (54%), for 2014-2017 term it was fiftythree percent (53%), and for the 2017-2020 term it was fifty-six percent (56%).
BYLAWS AMENDMENTS
The Legislative Operating Committee assists boards, committees, and commissions with the
drafting of their bylaws, and also provides a legislative analysis of all bylaws which provided a
plain English explanation of the changes and also ensured the bylaws were in compliance with the
amended Boards, Committees, and Commissions law as well as any other law of the Nation.
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Table 3. below demonstrates the status of all bylaws that were added to the Active Files List during
the 2020-2023 legislative term.
Table 3.
Bylaws During the 2017-2020 Term
ADOPTED BYLAWS
Oneida Nation Emergency Planning Committee Bylaws Amendments
01/27/21
Audit Committee Bylaws Amendments
04/14/21
Pardon and Forgiveness Screening Committee Bylaws Amendments
04/28/21
Oneida Nation Arts Board Bylaws Amendments
01/26/22
Audit Committee Bylaws Amendments
12/14/22
Total Bylaws Adopted
5
BYLAWS ADDED TO AFL BUT INCOMPLETE AT END OF TERM
Finance Committee Bylaws Amendments
Oneida Election Board Bylaws Amendments
Oneida Nation Emergency Planning Committee Bylaws Amendments
Oneida Nation Veterans Affairs Committee Bylaws Amendments
Oneida Personnel Commission Bylaws Amendments
Oneida Trust Enrollment Committee Bylaws Amendments
Total Bylaws Remaining on AFL
6
BYLAWS REMOVED FROM AFL
Oneida Nation Emergency Planning Committee Bylaws Amendments
Total Bylaws Removed from AFL
1
Chart 3. below looks at the status of all bylaws added to the Active Files List at the end of the
2020-2023 term.
Chart 3. Status of Bylaws Added to the Active Files List
Removed from AFL
8%
Adopted
42%
■
Adopted
■
Incomplete at End of Term
■
Removed from AFL
Incomplete at End of
Term
50%
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Looking specifically at bylaws of the Nation, five (5) bylaws were amended during the 2020-2023
legislative term. Six (6) bylaws remain incomplete on the Active Files List at the end of term. One
(1) set of bylaws was removed from the Active Files List during the 2020-2023 term.
The Legislative Operating Committee completed approximately forty-two percent (42%) of
bylaws that were placed on the Active Files List during the 2020-2023 term.
GENERAL TRIBAL COUNCIL PETITIONS
The Constitution and Bylaws of the Oneida Nation provides that fifty (50) qualified voters may,
by written notice, call special meetings of the General Tribal Council. [Article III Section 6 of the
Constitution]. The Oneida Business Committee requires that when a petition for a special General
Tribal Council meeting is submitted a statement of effect, legal, and financial opinion are
developed regarding the petition so that the information can be shared with the General Tribal
Council in order to assist in creating informed discussion and improved decision-making. The
Legislative Reference Office provides a statement of effect for all petitions. The statement of effect
for petitions explains the legislative impact adopting the requested action of a petition would have
on the laws and policies of the Nation.
Table 4. below provides the number of General Tribal Council petitions a statement of effect was
provided for during the 2020-2023 term:
Table 4.
General Tribal Council Petitions during the 2020-2023 Term
GENERAL TRIBAL COUNCIL PETITIONS COMPLETED
Petition: M. Debraska – Increase GTC Stipend
Petition: L. Elm – Real Property Law Eviction and Termination
Petition: N. Barton – $2,500 GWA Payment for Three Years
Petition: L. Zeise: Uncap All Employee Wages
Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance
Petition: L. Dallas – FY 2023 Budget
Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business
Petition: L. Dallas – Disclosure of FY- 2020 Budget
Petition: L. Dallas – Disclosure of FY- 2021 Budget
Petition: L. Dallas – Disclosure of FY- 2022 Budget
Petition: L. Dallas – Implement Payments of Medicare Plan B Premium Payments to all
Eligible Oneida Enrolled Members
Petition: L. Dallas – Term Limits for 2023
Petition: L. Dallas – Budgets for the Oneida Nation be Brought Before the General Tribal
Council
Petition: L. Dallas – Community Improvement Projects (CIP) and Funding
Petition: L. Dallas – Contract of Chief Counsel JoAnne House
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Petition: L. Dallas – Direct a Certified Parliamentarian be Appointed by General Tribal
Council Prior to Each General Tribal Council Meeting
Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures from January 1, 2020 –
Present
Petition: L. Dallas – Disclosure of Oneida Nation Travel Expenditures to England for the
October 9, 2022, Green Bay Packer Game
Petition: L. Dallas – Donations - Internal and External
Petition: L. Dallas – Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition
Timeline Adopted by General Tribal Council
Petition: L. Dallas – Repeal the Budget and Finances Law
Petition: L. Dallas – Direct that the Oneida Nation Organizational Structure Return to the
Previous State it was Prior to March 2020
Petition: L. Dallas – Direct Transportation be Made Available by the Oneida Nation to Areas
with Large Populations of Oneida Enrolled Members to and from General Tribal Council
Meetings
Petition: L. Dallas – Directives for Oneida Nation Chief Counsel Position
Petition: L. Dallas – Disclosure of Funds, Expenditures, and Organizational Changes from
March 2020-Present
Petition: L. Dallas– Emergency Amendments to the Election Law for the 2023 General
Election
Petition: L. Dallas – General Tribal Council Directive Regarding Advocacy Training
Petition: L. Dallas – Oneida Nation Disability Fund
Petition: L. Dallas – Repeal and Replace Current Removal Law
Petition: L. Dallas – Review and Discuss General Tribal Council's Delegation of Power and
Authority to all Entities
Petition: L. Dallas – Transitional Housing
Petition: L. Dallas – Void the November 15, 2022, Virtual Semi-Annual General Tribal
Council Meeting
Petition: L. Dallas– Allow the General Tribal Council Full Informational Access to the Oneida
Nation’s Revenue
Petition: L. Dallas– Direct the Oneida Business Committee to Plan for and Construct a General
Tribal Council Meeting Facility
Petition: R. Skenandore - Make the Tribal Minimum Wage $15.00/hour Mean $15.00/hour
with No Exceptions or Loopholes
Total GTC Petitions Completed
35
GENERAL TRIBAL COUNTIL PETITIONS INCOMPLETE AT END OF TERM
Total GTC Petitions Incomplete at End of Term
0
GENERAL TRIBAL COUNTIL PETITIONS REMOVED FROM AFL
Petition: M. Cornelius – Chief Financial Officer Position
Total GTC Petitions Removed from AFL
1
Looking specifically at General Tribal Council petitions for the Nation, thirty-five (55) General
Tribal Council petitions were completed during the 2020-2023 legislative term. Zero (0) General
Tribal Council petitions remain incomplete on the Active Files List at the end of term. One (1)
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General Tribal Council petition was removed from the Active Files List during the 2020-2023
term.
The Legislative Operating Committee completed work on one hundred percent (100%) of bylaws
that were placed on the Active Files List during the 2020-2023 term.
ADMINISTRATIVE RULES
The Legislative Operating Committee assists in the development of rules under the Administrative
Rulemaking law. Upon request the Legislative Operating Committee will provide guidance and
drafting assistance to any entity of the Nation that has been delegated administrative rulemaking
authority and tasked with the development of a rule. Once a rule has been drafted by an entity, the
Legislative Reference Office provides the entity with a statement of effect for the proposed rule.
The statement of effect explains the impact adopting a rule would have on the laws and policies of
the Nation and provides whether the rule exceeds the delegated rulemaking authority.
The Legislative Operating Committee is then tasked with certifying a rule before it is presented to
the Oneida Business Committee for consideration. The Legislative Operating Committee reviews
the proposed rule and accompanying administrative record to ensure that the promulgation of the
rule complies with the procedural requirements contained in this law; that the administrative record
is complete; and that the rule does not exceed its rulemaking authority or conflict with any other
law, policy, rule or resolution of the Nation.
Table 5. below demonstrates the administrative rules that have been certified by the Legislative
Operating Committee and adopted, amended, or repealed by the Oneida Business Committee
during the 2020-2023 term.
Table 5.
Administrative Rules During the 2020-2023 Term
COMPLETED ADMINISTRATIVE RULES
Landlord-Tenant Law Rule No. 2 - Income Based Rental Program Eligibility, 01/27/21
Selection and Other Requirements Amendments [Emergency Amendments]
Community Support Fund Law Rule Handbook Amendments
06/9/21
Leasing Law Rule No. 5 – Tribal Housing Reacquisition of Individual Fee
09/8/21
and Trust Title (THRIFTT)
Leasing Law Rule No. 6 -Homeownership by Independent Purchase Program 09/8/21
(HIPP) Amendments
Leasing Law Rule No. 5 – Tribal Housing Reacquisition of Individual Fee
10/13/21
and Trust Title (THRIFTT) Repeal
Total Completed Administrative Rules
5
INCOMPLETE ADMINISTRTIVE RULES REMAINING ON AFL
Total Incomplete Administrative Rules on the AFL
0
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Looking specifically at administrative rules for the Nation, five (5) administrative rules were
completed during the 2020-2023 legislative term. Zero (0) administrative rules remain incomplete
on the Active Files List at the end of term. Zero (0) administrative rules were removed from the
Active Files List during the 2020-2023 term.
The Legislative Operating Committee completed work on one hundred percent (100%) of
administrative rules that were placed on the Active Files List during the 2020-2023 term.
CONCLUSION
The Legislative Operating Committee’s 2020-2023 legislative term was successful. Important
legislative work was completed that aligns with the Oneida Nation’s vision, A Nation of strong
families built on Tsi >Niyukwaliho T^ and a strong economy.
The Legislative Operating Committee hopes that the 2023-2026 legislative term will continue to
focus on improving public participation and the development of important legislative efforts.
Yaw^ko.
The 2020-2023 Legislative Operating Committee
From left to right:
Jennifer Webster, Kirby Metoxen, David P. Jordan, Marie Summers, Daniel Guzman King
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August 2023
August 2023
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MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
Jul 31
Aug 1
2
3
4
1:30pm LOC Prep
(Microsoft Teams
Meeting) - Clorissa N.
Leeman
2:00pm Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
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8:30am LOC Prep
(Microsoft Teams
Meeting;
BC_Conf_Room) 9:00am Legislative
Operating Committee
Meeting (Microsoft
Teams Meeting;
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Sep 1
LOC
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8/11/2023 3:05 PM
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.