# Oneida Business Committee (2021)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6b6331a691d97a6b

## Record

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

## Text

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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
Business Committee Conference Room - 2nd Floor Norbert Hill Center
November 3, 2021
9:00 a.m.
This Legislative Operating Committee meeting will be closed to the public in accordance with Oneida
Business Committee resolution BC-08-03-21-A, Setting Public Gathering Guidelines During Public
Health State of Emergency - COVID-19.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. October 20, 2021 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Oneida General Welfare Law (pg. 3)
2. Budget Management and Control Law Emergency Amendments (pg. 24)
3. Oneida Nation Gaming Ordinance Emergency Amendments (pg. 70)

IV.

New Submissions
1. Elder Assistance Program Law (pg. 106)

V.

Additions

VI.

Administrative Updates

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

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
October 20, 2021
9:00 a.m.
Present: David P. Jordan, Marie Summers, Daniel Guzman King, Jennifer Webster, Kirby
Metoxen (Microsoft Teams)
Others Present: Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Bonnie Pigman, Shannon
Davis, Lawrence Barton, Rhiannon Metoxen (Microsoft Teams), Justin Nishimoto (Microsoft
Teams), Michelle Myers (Microsoft Teams)
I.

Call to Order and Approval of the Agenda
David P. Jordan called the October 20, 2021, Legislative Operating Committee meeting to
order at 9:00 a.m.
Motion by Jennifer Webster to adopt the agenda as is; seconded by Marie Summers.
Motion carried unanimously.

II.

Minutes to be Approved
1. October 6, 2021 LOC Meeting Minutes
Motion by Marie Summers to approve the October 6, 2021 LOC meeting minutes and
forward to the Oneida Business Committee for consideration; seconded by Jennifer
Webster. Motion carried unanimously.

III.

Current Business
1. Pardon and Forgiveness Law Emergency Amendments Extension
Motion by Jennifer Webster to adopt the Resolution: Extension of the Emergency
Amendments to the Pardon and Forgiveness law and forward on to the Oneida Business
Committee for consideration; seconded by Marie Summers. Motion carried unanimously.
2. Oneida General Welfare Law
Motion by Jennifer Webster to accept the public comment period review memorandum;
seconded by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

V.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn
Motion by Marie Summers to adjourn at 9:22 a.m.; seconded by Jennifer Wester. Motion
carried unanimously.
A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of October 20, 2021
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Oneida Nation

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Oneida Business Committee
Legislative Operating Committee

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PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee
November 3, 2021

Oneida General Welfare Law

Submission Date: 12/18/18

Public Meeting: Due to the COVID-19 pandemic, public

LOC Sponsor: Jennifer Webster

Emergency Enacted: 8/12/20, 2/10/21

meetings were suspended by declaration of the Nation’s COVID19 Core Decision Making Team. A public comment period was
still offered in accordance with the Legislative Procedures Act
and held open until 10/13/21.

Summary: This item was carried over from last term. The Oneida Business Committee directed IGAC,

Self-Governance and the Law Office to develop a plan of action to create rules for exempting income per
the Tribal General Welfare Exclusion Act. At the December 18, 2018 Business Committee Work Meeting,
the Oneida Business Committee requested that the General Welfare Exclusions Act – Income Exemptions
item be sent over to the LOC for consideration to develop a law/code/ordinance that would define the
income exemptions under the General Welfare Exclusion Act. As a result of the COVID-19 pandemic,
emergency adoption of an Oneida General Welfare law was sought to create a law that provides a
mechanism to address the economic needs of members of the Nation during the COVID-19 pandemic. The
purpose of this Law is to provide assistance, on a non-taxable basis, to eligible Tribal members through
approved programs that promote the general welfare of the Nation. The Law sets a framework and
provides guidelines for the Nation to establish and operate approved programs which provide assistance
to eligible Tribal members to promote the general welfare of the Nation, including programs designed to
enhance the promotion of health, education, self-sufficiency, self-determination, and the maintenance of
culture and tradition, entrepreneurship, and employment. The Oneida Business Committee adopted the
Oneida General Welfare law on an emergency basis through the adoption of resolution BC-08-12-20-D.
The emergency adoption of the Law will expire on February 12, 2021. The Oneida Business Committee
then adopted emergency amendments to the Oneida General Welfare law on February 10, 2021, through
resolution BC-02-10-21-B for the purpose of addressing the means in which the Oneida Business
Committee may adopt an approved program – the emergency amendment would allow the Oneida
Business Committee to adopt an approved program through resolution in addition to through the adoption
of a law. The emergency adoption of the Law was set to expire on August 10, 2021. The Oneida Business
Committee extended the emergency amendments to the Oneida General Welfare law on July 28, 2021,
through the adoption of resolution BC-07-28-21-M. The emergency amendments to the Oneida General
Welfare law will expire on February 10, 2022.

10/7/20 LOC: Motion by Kirby Metoxen to add the Oneida General Welfare Law to the Active Files List
with Jennifer Webster as the sponsor; seconded by Marie Summers. Motion carried
unanimously.
1/14/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Lawrence Barton, Rae Skenandore, Carl Artman,
Susan House, Kristal Hill, James Petitjean. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to discuss the Oneida General Welfare law, the
Oneida Higher Education Pandemic Relief Fund law, the Pandemic Relief Assistance law,

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and the FY21 Budget Directive found in resolution BC-11-24-20-F and determine a plan for
meeting these directives and addressing these items on a permanent basis.
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 review the proposed
emergency amendments to the Law and emergency adoption packet materials.

2/3/21 LOC:

Motion by Jennifer Webster to approve the Oneida General Welfare law emergency adoption
packet and forward to the Oneida Business Committee for consideration; seconded by Marie
Summers. Motion carried unanimously.

2/9/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Carl Artman, JoAnne House, Lawrence Barton,
Ralinda Ninham-Lamberies, Rae Skenandore, Keith Doxtator, Susan House, Kristal Hill,
Rhiannon Metoxen. This was a work meeting held through Microsoft Teams. The purpose of
this work meeting was to touch base and discuss the progress that was being made in bringing
forward emergency amendments to the Oneida General Welfare law and developing the
approved programs – through adoption of a resolution – to meet the FY21 budget directive in
resolution BC-11-24-20-F.

2/10/21 OBC: Motion by Lisa Liggins to adopt resolution 02-10-21-B Emergency Amendments to the
Oneida General Welfare Law with two (2) changes [1) in line16, correct date to March 13,
2021; and 2) in line 18, insert the appropriate resolution number], seconded by Jennifer
Webster. Motion carried.
Motion by Lisa Liggins to request the Legislative Operating Committee and Legislative
Reference Office to bring forward a BC SOP to an upcoming BC Work Session regarding
how laws and resolutions are submitted to the Business Committee in accordance with this
resolution, seconded by Jennifer Webster. Motion carried.
4/14/21 OBC: Motion by Lisa Liggins to defer this item [Oneida Nation Assistance Fund Resolution] until
after executive session noting the resolution will be brought back with three (3) additional
considerations, [1) the correction to line 45 [change from, "...between 18 to 61 years of...",
change to, "...age 18 or older..."]; 2) noting the LOCs considerations for possible garnishments
moving forward; 3) CFO’s comments regarding Treasury guidance for the 65 and over
payment.], seconded by Marie Summers. Motion carried.
Motion by Lisa Liggins to adopt the Oneida Business Committee standard operating
procedure entitled Oneida General Welfare Law - Adoption of an Approved Program and
direct the Secretary to finalize the SOP and publish, seconded by David P. Jordan. Motion
carried.
4/21/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Kristen Hooker, Kristal Hill, Rhiannon Metoxen.
The purpose of this work meeting was to discuss a plan for how to address the Oneida Business
Committee directive contained in resolution BC-04-14-21-D that the LOC consider how
garnishments will be handled for general welfare exclusion payments moving forward.

4/29/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Daniel Guzman King, Clorissa N. Santiago, Kristal Hill, Rhiannon Metoxen. The purpose of
this work meeting was to review and discuss the public comment period notice for the question
of “Should assistance provided by an approved program under the Oneida General Welfare
A good mind. A good heart. A strong fire.
law be subject to attachment or garnishment?”

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5/5/21 LOC:

Motion by Jennifer Webster to approve the Oneida General Welfare law amendments public
comment period notice for the question, “Should assistance provided by an approved program
under the Oneida General Welfare law be subject to attachment or garnishment?” and
forward this question to a public comment period to be held open until June 9, 2021; seconded
by Marie Summers. Motion carried unanimously.

6/9/21:

Public Comment Period Closed. Six (6) individuals submitted written comments during this
public comment period.

6/24/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Marie Summers,
Clorissa N. Santiago, Kristal Hill, Kristen Hooker. This was a work meeting held through
Microsoft Teams. The purpose of this work meeting was to review and discuss the public
comments that were received regarding the question, “Should assistance provided by an
approved program under the Oneida General Welfare law be subject to attachment or
garnishment?”

7/7/21 LOC:

Motion by Marie Summers to accept public comments that were received for the Oneida
General Welfare law amendments question, “Should assistance provided by an approved
program under the Oneida General Welfare law be subject to attachment or garnishment?”;
seconded by Daniel Guzman King. Motion carried unanimously.

7/21/21 LOC: Motion by Marie Summers to approve the Oneida General Welfare law emergency
amendments extension packet and forward to the Oneida Business Committee for
consideration; seconded by Jennifer Webster. Motion carried unanimously.
7/28/21 OBC: Motion by David P. Jordan to adopt resolution 07-28-21-M Extension of the Emergency
Amendments to the Oneida General Welfare Law, seconded by Jennifer Webster. Motion
carried.
8/26/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Daniel Guzman
King, 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
and discuss the draft of amendments to the Oneida General Welfare law to move forward for
permanent adoption.

9/1/21 LOC:

Motion by Jennifer Webster to approve the draft of the Oneida General Welfare law and direct
that a legislative analysis be completed; seconded by Marie Summers. Motion carried
unanimously.

9/15/21 LOC: Motion by Kirby Metoxen to approve the legislative analysis for the Oneida General Welfare
law; seconded by Jennifer Webster. Motion carried unanimously.
Motion by Marie Summers to approve the approve the Oneida General Welfare law public
comment period notice and forward the Oneida General Welfare law to a public comment
period to be held open until October 13, 2021; seconded by Jennifer Webster. Motion carried
unanimously.
10/13/21:

Public Comment Period Closes. The public comment period for the permanent adoption of
the Oneida General Welfare law closed on October 13, 2021. No written submissions of
comments were received during this public comment period.

A good mind. A good heart. A strong fire.

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10/20/21 LOC: Motion by Jennifer Webster to accept the public comment period review memorandum;
seconded by Daniel Guzman King. Motion carried unanimously.

Next Steps:
 Approve the updated draft, legislative analysis, and 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 November 18, 2021.

A good mind. A good heart. A strong fire.

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Draft 2 (Redline to PM Draft)
2021 11 03
Title 10. General Welfare Exclusion - Chapter 1001
ONEIDA GENERAL WELFARE
1001.1. Purpose and Policy
1001.2. Adoption, Amendment, Repeal
1001.3. Definitions
1001.4. General Welfare Assistance
1001.5. Approved Program Guidelines

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1001.6. Non-Recourse Designation
1001.7. Governing Law; Sovereignty
1001.8. Federal Trust Obligations

1001.1. Purpose and Policy
1001.1-1. Purpose. The purpose of this law is to govern how the Nation provides assistance to
eligible members on a non-taxable basis, pursuant to the principles of the General Welfare
Exclusion.
(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional
application of the general welfare doctrine and subsequent guidance, has recognized the
sovereign right of Indian tribal governments to provide financial assistance to its members
under certain circumstances on a non-taxable basis.
1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved
programs that promote the general welfare of the Nation. This law provides a framework for
approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.
§139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.
Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee that all assistance
provided under this law:
(a) is available to any recipients who satisfy the program policies, subject to budgetary
restraints;
(b) is made under an approved program that does not discriminate in favor of members of
the Nation’s governing body;
(c) is not provided as compensation for goods or services; and
(d) is not lavish or extravagant under the facts and circumstances, as determined by the
Oneida Business Committee.
1001.2. Adoption, Amendment, Repeal
1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1001.2-2. 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.
1001.2-3. 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.
1001.2-4. 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.
1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1001.3. Definitions
1001.3-1. 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 non-taxable as a General Welfare Exclusion, administered under
specific guidelines, and is adopted by the Oneida Business Committee through resolution
10 O.C. 1001 – Page 1

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or law of the Nation.
(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.
(d) “Limited term” means a defined start and end date, or utilizes third-party funding and
is not intended to be permanent.
(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.
1001.4. General Welfare Assistance
1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a
non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government
recognizes that benefits to recipients under an approved program for the promotion of the general
welfare of the Nation is excludable from the gross income of those recipients. General Welfare
Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as
it:
(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;
(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or
(c) meets the criteria of the General Test under the I.R.S. General Criteria of General
Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).
1001.4-2. General Test. The General Test provides criteria used to determine if any assistance
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(a) The assistance is paid on behalf of the Nation;
(b) The assistance was provided pursuant to an approved program;
(c) The assistance does not discriminate in favor of members of the governing body of the
Nation;
(d) The assistance is available to any member who meets the guidelines of the approved
program;
(e) The assistance is provided for the promotion of general welfare;
(f) The assistance is not lavish or extravagant;
(g) The assistance is not compensation for services; and
(h) The assistance is not a per capita payment.
1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare
Exclusion shall occur through an approved program and qualify as non-taxable under the principles
of the General Welfare Exclusion to the fullest extent permitted at law.
(a) An approved program shall be established and operated to promote the general welfare
10 O.C. 1001 – Page 2

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of the Nation, including programs designed to enhance the promotion of health, education,
self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment.
(b) Each approved program shall be limited to purposes consistent with treatment under
the General Welfare Exclusion as to purpose, eligibility, and funding.
(d) An approved program shall meet all criteria of the General Test.
(d) Assistance provided through an approved program is not subject to information
reporting by the Nation to the Internal Revenue Service.
1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general
welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to
codify existing procedures used by the Nation to administer its general welfare assistance.
Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general
welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty.
1001.5. Approved Program Guidelines
1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the
Oneida Business Committee through a resolution or law of the Nation. Approved programs
adopted by the Oneida Business Committee are considered in force and effect and in accordance
with this law
(a) Law. An approved program shall be adopted by the Oneida Business Committee
through a law if the approved program will function on a permanent basis.
(1) Adoption of an approved program by the Oneida Business Committee through
a law of the Nation shall comply with the process and procedures of the Legislative
Procedures Act.
(b) Resolution. An approved program shall be adopted by the Oneida Business Committee
through a resolution if the approved program will function for a limited term.
(1) An approved program to be considered for adoption through resolution by the
Oneida Business Committee shall be accompanied by a statement of effect and
submitted in accordance with the Oneida Business Committee’s submission
procedure and deadlines.
(c) Contents of Proposed Approved Programs. The law or resolution establishing an
approved program shall contain the following information:
(1) Name of the approved program;
(2) Purpose of the approved program;
(3) Eligibility rules and limitations for approved program;
(4) Funding source for approved program;
(5) How the approved program qualifies for General Welfare Exclusion; and
(6) Start and end date of approved program, if applicable.
1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members
of the Nation. Each approved program shall set forth any specific eligibility rules and limitations
applied to that program.
1001.5-3. Funding of Approved Programs. Assistance authorized by this law shall be limited to
funds appropriated, at the discretion of the Oneida Business Committee and no matter the source
of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the
Nation until payments are disbursed. The Oneida Business Committee shall designate approved
programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this
10 O.C. 1001 – Page 3

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law. Approved programs may also be funded through third-party funding if available.
1001.5-4. Use of Assistance. All assistance provided through an approved program shall be used
for the purpose stated in the approved program description. If assistance is used or pledged for a
purpose inconsistent with the purpose set forth in an approved program the payment shall be
deemed forfeited. The Nation may secure repayment from any recipient who forfeited their
assistance.
1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall
not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,
attachment or garnishment by creditors of the member.
1001.6. Non-Recourse Designation
1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated
as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or
right to any funds budgeted for, or set aside for, approved programs until paid.
1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke
any benefit.
1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines
of “constructive receipt” or “economic benefit.”
1001.7. Governing Law; Sovereignty
1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance
made hereunder, shall be construed and enforced according to the Nation’s laws and applicable
federal law. Nothing in this law or the related laws, policies, or procedures adopted for its
implementation, if any, shall be construed to make applicable to the Nation any laws or regulations
which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption
because of its sovereign status.
1001.8. Federal Trust Obligations
1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal
funding is insufficient to operate federal programs designed to benefit applicants and when federal
funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s
adoption of its approved programs is not intended to relieve or diminish the federal government of
its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding
shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled
to government-to-government consultation and coordination with the federal government
regarding these obligations.
End.
Emergency Adopted – BC-08-12-20-D
Emergency Amended – BC-02-10-21-B
Emergency Extended – BC-07-28-21-M
Adopted – BC-__-__-__-__

10 O.C. 1001 – Page 4

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Title 10. General Welfare Exclusion - Chapter 1001
ONEIDA GENERAL WELFARE
1001.1. Purpose and Policy
1001.2. Adoption, Amendment, Repeal
1001.3. Definitions
1001.4. General Welfare Assistance
1001.5. Approved Program Guidelines

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Draft 2
2021 11 03

1001.6. Non-Recourse Designation
1001.7. Governing Law; Sovereignty
1001.8. Federal Trust Obligations

1001.1. Purpose and Policy
1001.1-1. Purpose. The purpose of this law is to govern how the Nation provides assistance to
eligible members on a non-taxable basis, pursuant to the principles of the General Welfare
Exclusion.
(a) The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional
application of the general welfare doctrine and subsequent guidance, has recognized the
sovereign right of Indian tribal governments to provide financial assistance to its members
under certain circumstances on a non-taxable basis.
1001.1-2. Policy. It is the policy of the Nation to provide assistance to members through approved
programs that promote the general welfare of the Nation. This law provides a framework for
approved programs to follow to ensure compliance with the General Welfare Exclusion, 26 U.S.C.
§139E, and applicable Internal Revenue Service regulations or revenue procedures including I.R.S.
Rev. Proc. 2014-35. Further, it is the intent of the Oneida Business Committee that all assistance
provided under this law:
(a) is available to any recipients who satisfy the program policies, subject to budgetary
restraints;
(b) is made under an approved program that does not discriminate in favor of members of
the Nation’s governing body;
(c) is not provided as compensation for goods or services; and
(d) is not lavish or extravagant under the facts and circumstances, as determined by the
Oneida Business Committee.
1001.2. Adoption, Amendment, Repeal
1001.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-____.
1001.2-2. 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.
1001.2-3. 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.
1001.2-4. 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.
1001.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
1001.3. Definitions
1001.3-1. 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 non-taxable as a General Welfare Exclusion, administered under
specific guidelines, and is adopted by the Oneida Business Committee through resolution
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or law of the Nation.
(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.
(d) “Limited term” means a defined start and end date, or utilizes third-party funding and
is not intended to be permanent.
(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.
1001.4. General Welfare Assistance
1001.4-1. General. The Nation may provide general welfare assistance to eligible members on a
non-taxable basis pursuant to the principles of General Welfare Exclusion. The federal government
recognizes that benefits to recipients under an approved program for the promotion of the general
welfare of the Nation is excludable from the gross income of those recipients. General Welfare
Exclusion provides that any assistance shall be treated as non-taxable under federal law so long as
it:
(a) satisfies the requirements for exclusion under 26 U.S.C. §139E;
(b) is provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 201435 or subsequent Internal Revenue Service procedures or regulations; or
(c) meets the criteria of the General Test under the I.R.S. General Criteria of General
Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section 5.02(1).
1001.4-2. General Test. The General Test provides criteria used to determine if any assistance
provided through an approved program to a recipient shall be treated as a General Welfare
Exclusion. The criteria of the General Test include the following:
(a) The assistance is paid on behalf of the Nation;
(b) The assistance was provided pursuant to an approved program;
(c) The assistance does not discriminate in favor of members of the governing body of the
Nation;
(d) The assistance is available to any member who meets the guidelines of the approved
program;
(e) The assistance is provided for the promotion of general welfare;
(f) The assistance is not lavish or extravagant;
(g) The assistance is not compensation for services; and
(h) The assistance is not a per capita payment.
1001.4-3. Approved Programs. Any assistance provided by the Nation under the General Welfare
Exclusion shall occur through an approved program and qualify as non-taxable under the principles
of the General Welfare Exclusion to the fullest extent permitted at law.
(a) An approved program shall be established and operated to promote the general welfare
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of the Nation, including programs designed to enhance the promotion of health, education,
self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment.
(b) Each approved program shall be limited to purposes consistent with treatment under
the General Welfare Exclusion as to purpose, eligibility, and funding.
(d) An approved program shall meet all criteria of the General Test.
(d) Assistance provided through an approved program is not subject to information
reporting by the Nation to the Internal Revenue Service.
1001.4-4. Ratification of Prior Acts. This law shall not be construed as creating new general
welfare assistance rights which are an inherent right of Nation. Rather, this law is intended to
codify existing procedures used by the Nation to administer its general welfare assistance.
Assistance provided prior to the enactment of this law is hereby ratified and confirmed as general
welfare assistance provided pursuant to the exercise by the Nation of its inherent tribal sovereignty.
1001.5. Approved Program Guidelines
1001.5-1. Creation of an Approved Program. An approved program shall be adopted by the
Oneida Business Committee through a resolution or law of the Nation. Approved programs
adopted by the Oneida Business Committee are considered in force and effect and in accordance
with this law
(a) Law. An approved program shall be adopted by the Oneida Business Committee
through a law if the approved program will function on a permanent basis.
(1) Adoption of an approved program by the Oneida Business Committee through
a law of the Nation shall comply with the process and procedures of the Legislative
Procedures Act.
(b) Resolution. An approved program shall be adopted by the Oneida Business Committee
through a resolution if the approved program will function for a limited term.
(1) An approved program to be considered for adoption through resolution by the
Oneida Business Committee shall be accompanied by a statement of effect and
submitted in accordance with the Oneida Business Committee’s submission
procedure and deadlines.
(c) Contents of Proposed Approved Programs. The law or resolution establishing an
approved program shall contain the following information:
(1) Name of the approved program;
(2) Purpose of the approved program;
(3) Eligibility rules and limitations for approved program;
(4) Funding source for approved program;
(5) How the approved program qualifies for General Welfare Exclusion; and
(6) Start and end date of approved program, if applicable.
1001.5-2. Eligibility. Assistance provided by an approved program shall be limited to members
of the Nation. Each approved program shall set forth any specific eligibility rules and limitations
applied to that program.
1001.5-3. Funding of Approved Programs. Assistance authorized by this law shall be limited to
funds appropriated, at the discretion of the Oneida Business Committee and no matter the source
of the funds. All amounts budgeted by the Nation for assistance shall remain general assets of the
Nation until payments are disbursed. The Oneida Business Committee shall designate approved
programs for which funds shall be budgeted each fiscal year, consistent with the purposes of this
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law. Approved programs may also be funded through third-party funding if available.
1001.5-4. Use of Assistance. All assistance provided through an approved program shall be used
for the purpose stated in the approved program description. If assistance is used or pledged for a
purpose inconsistent with the purpose set forth in an approved program the payment shall be
deemed forfeited. The Nation may secure repayment from any recipient who forfeited their
assistance.
1001.5-5. Anti-Alienation. Assistance provided to a member through an approved program shall
not be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance,
attachment or garnishment by creditors of the member.
1001.6. Non-Recourse Designation
1001.6-1. The Nation does not guarantee assistance under this law. Assistance shall not be treated
as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or
right to any funds budgeted for, or set aside for, approved programs until paid.
1001.6-2. The Oneida Business Committee reserves the right to cancel, adjust, modify or revoke
any benefit.
1001.6-3. Approved programs shall be administered at all times to avoid triggering of the doctrines
of “constructive receipt” or “economic benefit.”
1001.7. Governing Law; Sovereignty
1001.7-1. All the rights and liabilities associated with the enactment of this law, or the assistance
made hereunder, shall be construed and enforced according to the Nation’s laws and applicable
federal law. Nothing in this law or the related laws, policies, or procedures adopted for its
implementation, if any, shall be construed to make applicable to the Nation any laws or regulations
which are otherwise inapplicable to the Nation, or from which the Nation is entitled to exemption
because of its sovereign status.
1001.8. Federal Trust Obligations
1001.8-1. The Nation reserves the right to provide assistance in circumstances where federal
funding is insufficient to operate federal programs designed to benefit applicants and when federal
funding is insufficient to adequately and consistently fulfill federal trust obligations. The Nation’s
adoption of its approved programs is not intended to relieve or diminish the federal government of
its funding and trust responsibilities. Nothing herein shall waive the Nation’s right to seek funding
shortfalls or to enforce the trust rights of the Nation and its members. The Nation shall be entitled
to government-to-government consultation and coordination with the federal government
regarding these obligations.
End.
Emergency Adopted – BC-08-12-20-D
Emergency Amended – BC-02-10-21-B
Emergency Extended – BC-07-28-21-M
Adopted – BC-__-__-__-__

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ONEIDA GENERAL WELFARE LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Law

Purpose
Affected Entities
Public Meeting

Fiscal Impact

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Analysis by the Legislative Reference Office
Provides a framework for the Nation to develop approved programs to
provide assistance to members on a non-taxable basis in an effort to promote
the general welfare while ensuring compliance with the General Welfare
Exclusion, 26 U.S.C. §139E, and applicable Internal Revenue Service
regulations or revenue procedures including I.R.S. Rev. Proc. 2014-35, and
that all assistance provided under this law:
 is available to any recipients who satisfy the program policies, subject
to budgetary restraints;
 is made under an approved program that does not discriminate in
favor of members of the Nation’s governing body;
 is not provided as compensation for goods and/or services; and
 is not lavish or extravagant under the facts and circumstances, as
determined by the Oneida Business Committee.
The purpose of this law is to govern how the Nation provides assistance to
eligible members on a non-taxable basis, pursuant to the principles of the
General Welfare Exclusion. [10 O.C. 1001.1-1].
Oneida Business Committee, Entities developing approved programs
A public comment period was held open until October 13, 2021. A public
meeting was not held in accordance with the Nation’s COVID-19 Core
Decision Making Team’s declaration titled, Suspension of Public Meetings
under the Legislative Procedures Act.
A fiscal impact statement will be requested from the Finance Department on
November 3, 2021.

SECTION 2. LEGISLATIVE DEVELOPMENT
A. Background. On August 12, 2020, the Oneida General Welfare law (“the Law”) was adopted by the
Oneida Business Committee on an emergency basis through resolution BC-08-12-20-D for the purpose
of providing assistance, on a non-taxable basis, to members of the Nation through approved programs
that promote the general welfare of the Nation. [10 O.C. 1001.1-1, 1001.1-3]. Emergency adoption of
the Law was pursued to provide a mechanism to address the economic needs of members of the Nation
during the COVID-19 pandemic. The Law set forth a framework and provided guidelines for the Nation
to establish and operate approved programs which provide assistance to eligible members to promote
the general welfare of the Nation, including programs designed to enhance the promotion of health,
education, self-sufficiency, self-determination, and the maintenance of culture and tradition,
entrepreneurship, and employment. [10 O.C. 1001.9-2]. The emergency adoption of the Law was set
to expire on February 12, 2021. In February 2021, emergency amendments to the Law were then
adopted by the Oneida Business Committee through resolution BC-02-10-21-B for the purpose of
addressing how an approved program would be adopted by the Oneida Business Committee in an effort
to allow for more flexibility and efficiency in addressing the needs of the Nation. The emergency

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amendment to the Law revises the definition of approved program to allow an approved program to be
adopted by the Oneida Business Committee through resolution or law of the Nation. [10 O.C. 1001.31(a)]. Previously, an approved program could only be adopted by the Oneida Business Committee
through a law of the Nation. These emergency amendments to the Law were set to expire on August
10, 2021. On July 28, 2021, the Oneida Business Committee extended the emergency amendments for
an additional six (6) month period through the adoption of resolution BC-07-28-21-M. The emergency
amendments to this Law will now expire on February 10, 2022.
B. The Legislative Operating Committee is now seeking the permanent adoption of this Law.

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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;
 Finance Administration; and
 Governmental Services Division.
B. The following laws were reviewed in the drafting of this analysis:
 Legislative Procedures Act;
 Garnishment Law; and
 Per Capita law.

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SECTION 4. PROCESS
A. This Law has followed the process set forth in the Legislative Procedures Act (LPA).
 On August 12, 2020, the Law was adopted by the Oneida Business Committee on an emergency
basis through resolution BC-08-12-20-D.
 On October 7, 2020, the Legislative Operating Committee added the Law to its Active Files
List.
 On February 10, 2021, the Oneida Business Committee adopted emergency amendments to the
Law through resolution BC-02-10-21-B.
 On April 14, 2021, the Oneida Business Committee adopted resolution BC-04-14-21-D titled,
Oneida Nation Assistance Fund, which directed that the Legislative Operating Committee hold
a community input session on the public policy of “funds paid to members pursuant general
welfare programs are not subject to garnishment, attachment, seizure, or execution of levy of
any kind, including the administrative enforcement actions listed in 7 O.C. Chapter 704 (Child
Support), and any attempt to cause any payments to be so subjected shall not be recognized by
the Nation” and whether such policy should be a general policy or be addressed specifically in
regards to each general welfare program under Title 1000 and Chapter 1001.
 On May 5, 2021, the Legislative Operating Committee approved the Oneida General Welfare
law amendments public comment period notice for the question, Should assistance provided
by an approved program under the Oneida General Welfare law be subject to attachment or
garnishment? and forward this question to a public comment period to be held open until June
9, 2021.
 On June 9, 2021, the public comment period for the question above closed. The Legislative
Operating Committee received written submissions of comments from six (6) individuals.

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On July 7, 2021, the Legislative Operating Committee accepted the public comments that were
received.
 On July 21, 2021, the Legislative Operating Committee approved the Oneida General Welfare
law emergency amendments extension packet and forwarded the extension to the Oneida
Business Committee for consideration.
 On July 28, 2021, the Oneida Business Committee extended the emergency amendments to the
Law through the adoption of resolution BC-07-28-21-M.
 On September 1, 2021, the Legislative Operating Committee approved the draft of the Law and
directed that a legislative analysis be completed.
 On September 15, 2021, the Legislative Operating Committee approved the legislative analysis
and public comment period notice, and forwarded the Oneida General Welfare law to a public
comment period to be held open until October 13, 2021.
 On October 13, 2021, the public comment period closed. No written submissions of comments
were received during this public comment period.
 On October 20, 2021, the Legislative Operating Committee accepted the public comment
period review memorandum recognizing no comments were received.
 On November 3, 2021, the Legislative Operating Committee will consider approving the final
draft and legislative analysis of the Oneida General Welfare law, and directing the Finance
Department to complete a fiscal analysis by November 18, 2021.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of this Law:
 January 14, 2021: LOC work meeting with the Oneida Law Office, Finance Administration,
Strategic Planner, and Susan House.
 January 28, 2021: LOC work meeting.
 February 9, 2021: LOC work meeting with the Oneida Law Office, Finance Administration,
Trust Enrollments Director, Susan House.
 April 21, 2021: LOC work meeting.
 April 29, 2021: LOC work meeting.
 June 24, 2021: LOC work meeting.
 August 26, 2021: LOC work meeting.
C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of COVID-19. The COVID-19 outbreak originated in Wuhan, China and has spread to many other
countries throughout the world, including the United States. The COVID-19 pandemic has resulted in
high rates of infection and mortality, as well as vast economic impacts including effects on the stock
market and the closing of all non-essential businesses. A public meeting for this proposed Law will not
be held due to the COVID-19 pandemic, but a public comment period for the submission of written
comments will be held open.
 Declaration of a Public Health State of Emergency.
 On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” regarding the COVID-19 pandemic which declared a Public Health State
of Emergency for the Nation until April 12, 2020, and set into place the necessary authority
for action to be taken and allows the Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses.

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

The Public Health State of Emergency has since been extended until November 25, 2021,
by the Oneida Business Committee through the adoption of resolutions BC-03-28-20-A,
BC-05-06-20-A, BC-06-10-20-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-01-07-21-A, BC-02-10-21-A, BC-0310-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21-N, and BC-09-22-21-A.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
 On March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act's requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data, or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period.
Oneida Busines Committee Resolution BC-08-03-21-A, Setting Public Gathering Guidelines
during Public Health State of Emergency—COVID-19.
 On August 3, 2021, the Oneida Business Committee adopted resolution BC-08-03-21-A
entitled, Setting Public Gathering Guidelines during Public Health State of Emergency—
COVID-19, which provides that indoor and outdoor events shall be canceled when the
infection rates within Brown or Outagamie Counties exceed “Low” as identified by the
Wisconsin Department of Health Services. Both Brown and Outagamie Counties are
experiencing “High” COVID-19 infection rates.
Conclusion.
 Although a public meeting was not held on the proposed Law, a public comment period
was still held open until October 13, 2021, in accordance with resolution BC-08-03-21-A
and the Legislative Procedures Act as modified by the COVID-19 Core Decision Making
Team’s “Suspension of Public Meetings under the Legislative Procedures Act” declaration.
No public comments were received during this public comment period.

SECTION 5. CONTENTS OF THE LEGISLATION
A. Purpose and Policy. The purpose of this Law is to govern how the Nation provides assistance to
eligible members on a non-taxable basis, pursuant to the principles of the General Welfare Exclusion.
[10 O.C. 1001.1-1]. The federal government through the Tribal General Welfare Exclusion Act of 2014,
codified at 26 U.S.C §139E and the Internal Revenue Service, through its traditional application of the
general welfare doctrine and subsequent guidance, has recognized the sovereign right of Indian tribal
governments to provide financial assistance to its members under certain circumstances on a nontaxable basis. [10 O.C. 1001.1-1(a)]. It is the policy of the Nation to provide assistance to members
through approved programs that promote the general welfare of the Nation which is available to any
recipient who satisfies the program policies, subject to budgetary restraints; is made under an approved
program that does not discriminate in favor of members of the Nation’s governing body; is not provided
as compensation for goods or services; and is not lavish or extravagant under the facts and
circumstances, as determined by the Oneida Business Committee. [10 O.C. 1001.1-2].

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Effect. The overall purpose of this Law is to codify the Nation’s sovereign right to provide
assistance to its members on a non-taxable basis, and to provide a framework for the Nation to
create approved programs to do so.
B. General Welfare Assistance. The Nation has an inherent sovereign right to provide assistance to its
eligible members on a non-taxable basis pursuant to the principles of General Welfare Exclusion. [10
O.C. 1001.4-1]. General Welfare Exclusion provides that any assistance shall be treated as non-taxable
under federal law so long as it: satisfies the requirements for exclusion under 26 U.S.C. §139E, is
provided under a Safe Harbor Program listed and detailed in I.R.S. Rev. Proc. 2014-35 or subsequent
Internal Revenue Service procedures or regulations, or meets the criteria of the General Test under the
I.R.S. General Criteria of General Welfare exclusion listed in I.R.S. Rev. Proc. 2014-35, section
5.02(1). Id. The General Test provides criteria used to determine if any assistance provided through an
approved program to a recipient shall be treated as a General Welfare Exclusion. [10 O.C. 1001.4-2].
The criteria of the General Test include the following: the assistance is paid on behalf of the Nation,
the assistance was provided pursuant to an approved program, the assistance does not discriminate in
favor of members of the governing body of the Nation, the assistance is available to any member who
meets the guidelines of the approved program, the assistance is provided for the promotion of general
welfare, the assistance is not lavish or extravagant, the assistance is not compensation for services, and
the assistance is not a per capita payment. [10 O.C. 1001.4-2(a)-(h)]. Any assistance provided by the
Nation under the General Welfare Exclusion shall occur through an approved program and qualify as
non-taxable under the principles of the General Welfare Exclusion to the fullest extent permitted at law.
[10 O.C. 1001.4-3]. Approved programs shall be established and operated to promote the general
welfare of the Nation, including programs designed to enhance the promotion of health, education, selfsufficiency, self-determination, and the maintenance of culture and tradition, entrepreneurship, and
employment. [10 O.C. 1001.4-3(a)]. Furthermore, this Law shall not be construed as creating new
general welfare assistance rights which are an inherent right of Nation. [10 O.C. 1001.4-4]. Rather, this
Law is intended to codify existing procedures used by the Nation to administer its general welfare
assistance and any assistance provided prior to the enactment of this Law is hereby ratified and
confirmed as general welfare assistance provided pursuant to the exercise by the Nation of its inherent
tribal sovereignty. Id.
 Effect. The Law provides details on how assistance provided through approved programs will
meet the principles of General Welfare Exclusion so that assistance may be non-taxable.
C. Approved Program Guidelines. This section of the Law sets forth the guidelines that approved
programs of the Nation will be created under. The Law requires that an approved program be adopted
by the Oneida Business Committee through either a resolution or law of the Nation. [10 O.C. 1001.51]. An approved program may be adopted through a resolution if the approved program will function
for a limited term – a limited term means there is a defined start and end date, or the program utilizes
third-party funding and is not intended to be permanent. [10 O.C. 1001.3-1(d), 1001.5-1(b)]. If the
purpose of the approved program will function on a permanent basis, then the approved program is
required to be adopted through a law of the Nation. [10 O.C. 1001.5-1(a)]. The Law provides what
information an approved program is required to include in its adopting document, which includes: name
of the approved program, purpose of the approved program, eligibility rules and limitations for the
program, funding source, how the program qualifies for General Welfare Exclusion, and the start and
end date of the approved program, if applicable. [10 O.C. 1001.5-1(c)]. Any assistance intended to
qualify under the General Welfare Exclusion is limited to members of the Nation only. [10 O.C. 1001.5-

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2]. Regarding the funding of approved programs, any assistance provided is limited to funds
appropriated, at the discretion of the Oneida Business Committee and no matter the source of the funds.
[10 O.C. 1001.5-3]. All amounts budgeted by the Nation for assistance shall remain general assets of
the Nation until payments are disbursed. Id. The Oneida Business Committee is responsible for
designating approved programs for which funds shall be budgeted each fiscal year, consistent with the
purposes of this Law. Id. Approved programs may also be funded through third-party funding if
available. Id. All assistance that is provided to a recipient is required to be used for the purpose stated
in the approved program description. [10 O.C. 1001.5-4]. If a recipient uses assistance in a manner that
is inconsistent with the purpose of the approved program, then the payment is considered forfeited, and
the Nation may secure repayment from the recipient. Id. The Law then clarifies that any benefit a
member of the Nation receives is not subject to anticipation, alienation, sale, transfer, assignment,
pledge, encumbrance, attachment or garnishment by creditors of the member. [10 O.C. 1001.5-5].
 Effect. This section of the Law provides details on the framework for how approved programs
under the Law are developed and handled.
D. Non-Recourse Designation. The Nation does not guarantee any benefits to a recipient under this Law.
[10 O.C. 1001.6-1]. The Law clarifies that benefits shall not be treated as a resource or asset of a
recipient for any purpose; and that no recipient shall have an interest in or right to any funds budgeted
for, or set aside for, approved programs until paid. Id. The Oneida Business Committee reserves the
right to cancel, adjust, modify or revoke any benefit. [10 O.C. 1001.6-2]. The approved programs shall
be administered at all times to avoid triggering of the doctrines of “constructive receipt” and/or
“economic benefit.” [10 O.C. 1001.6-3].
 Effect. This section clarifies that recipient is not guaranteed benefits under the Law, and that a
recipient should not treat the potential benefit as a resource or an asset until that asset is actually
paid out to the recipient.
E. Governing Law; Sovereignty. The Law confirms the Nation’s sovereign status by providing that the
rights and liabilities associated with the enactment of this Law, or any assistance made as a result, shall
be construed and enforced according to the Nation’s laws and applicable federal law. [10 O.C. 1001.71]. The Law, or any related laws, policies, or procedures adopted for its implementation shall not be
construed to make applicable to the Nation any laws or regulations which are otherwise inapplicable to
the Nation, or from which the Nation is entitled to exemption because of its sovereign status. Id.
 Effect. The Nation is considered sovereign, meaning it has the authority to govern itself. This
section of the Law confirms that the Nation maintains that sovereign status through the adoption of
this Law, and the Nation is not subject to any laws or regulations which are otherwise inapplicable
to the Nation.
F. Federal Trust Obligations. The Law provides that the Nation has the right to provide assistance in
circumstances where federal funding is insufficient to operate federal programs designed to benefit
applicants and when federal funding is insufficient to adequately and consistently fulfill federal trust
obligations. [10 O.C. 1001.8-1]. This does not mean that the Nation’s adoption of its approved
programs is intended to relieve or diminish the federal government of its funding and trust
responsibilities. Id.
 Effect. This section provides that although the Nation may provide assistance in circumstances
where federal funding is insufficient to operate federal programs designed to benefit applicants,
this does not negate the federal government’s trust responsibilities to fund this program. This also

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Analysis to Draft 2
2021 11 03
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does not affect the Nation’s right to seek funding, or the right to engage in government-togovernment consultations and coordination regarding these rights.

SECTION 6. EXISTING LEGISLATION
A. Related Legislation. The following laws of the Nation are related to this Law:
 Garnishment Law. The Garnishment law allows the Nation to exercise its authority to provide an
effective mechanism for creditors to access an employee’s income for reduction of personal debt.
[2 O.C. 204.1-1]. Garnishment of an individual’s income to collect debt owed to an entity of the
Nation is allowed under the Garnishment law. [2 O.C. 204.6].
 Assistance provided to a member through an approved program is not subject to
garnishment under the Garnishment law. [10 O.C. 1001.5-5].
 Per Capita Law. The Per Capita law specifies the procedure to be followed in the event that per
capita payments are distributed by the Nation and states the responsibilities of the various Oneida
entities in the distribution or maintenance of any such per capita payments. [1 O.C. 123.1-1]. The
Per Capita law allows per capita payments to be subject to attachment prior to distribution for debt
owed to an Oneida entity. [1 O.C. 123.4-9, 123.4-9(a)(2)].
 Assistance provided through an approved program is not a per capita payment.
Assistance provided to a member through an approved program is not subject to
attachment under the Per Capita law. [10 O.C. 1001.5-5].

250
SECTION 7. OTHER CONSIDERATIONS
251
A. Deadline for Permanent Adoption of Legislation. The emergency amendments to this Law will expire
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on February 10, 2022. The emergency amendments to this Law were already extended for an additional
253
six (6) month period through the adoption of resolution of BC-07-28-21-M so there is no more
254
opportunity to extend these emergency amendments.
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 Conclusion: The Legislative Operating Committee will need to consider the development and
256
adoption of this Law on a permanent basis prior to February 10, 2022.
257
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 BC259
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
260
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
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a fiscal impact statement at various stages of the legislative process, as well as timeframes for
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completing the fiscal impact statement.
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 Conclusion. On November 4, 2021, the Legislative Operating Committee will consider directing
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that a fiscal impact statement be competed for the proposed Law.
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Oneida Nation

ODDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

On eid a-n sn.gov

TO:

FROM:
DATE:
RE:

""

Oneida Business Committee
Legislative Operating Committee

Cristina Danfo1th, Treasurer
~
Lawrence E. Bmton, Chief Financial Officer
Ralinda Ninham-Lamberies, Assistance Chief Financial Offic~
David P. Jordan, Legislative Operating Committee Chairman
November 3, 2021
Oneida General Welfare Law Fiscal Impact Statement

The Legislative Operating Committee (LOC) is cmTently developing the Oneida General Welfare
law for permanent adoption. 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:
■
stmtup 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 0. 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. [I

o.c. 109.6-1].

Oneida Business Committee resolution BC-I 0-28-20-A titled, "Further Inte,pretation 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 November 3, 2021, the Legislative Operating Committee approved the final draft of the Oneida
General Welfare law. Therefore, the LOC is directing the Finance Department to provide a fiscal
impact statement on the Oneida General Welfare law by November 18, 2021.

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A copy of the proposed Oneida General Welfare 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 Oneida General Welfare law by November 18,
2021.

A good mind. A good heart. A strong fire.

Page 2 of 2

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ONEIDA

24 of 107

~

Oneida Nation
Oneida Business Committee
Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee
November 3, 2021

Budget Management and Control Law
Emergency Amendments
Submission Date: 10/7/20
LOC Sponsor: Jennifer Webster

Public Meeting: n/a
Emergency Enacted: 11/24/20, 5/12/21

Summary: On August 12, 2020, during an executive session discussion on the supervision of the Chief
Financial Officer, the Oneida Business Committee adopted a motion to send the entire subject of
supervision of the Chief Financial Officer to the LOC for further analysis to create permanent amendments
in the Budget Management and Control law for Tiers III, IV, and V for future events. The Legislative
Operating Committee added the Budget Management and Control law amendments to its Active Files List
on October 7, 2020. On November 24, 2020, the Oneida Business Committee adopted emergency
amendments to the Budget Management and Control law through resolution BC-11-24-20-E to address
how the Nation would adopt the budget during the COVID-19 pandemic. The emergency amendments to
the Law are set to expire on May 24, 2021. On May 12, 2021, the Oneida Business Committee adopted
emergency amendments to the Budget Management and Control law through resolution BC-05-12-21-C
to address the Nation’s non-compliance with the budget development process and timelines. The
emergency amendments to the Law are set to expire on November 12, 2021.
10/7/20 LOC: Motion by Jennifer Webster to add the Budget Management and Control Law Amendments
to the Active Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman
King. Motion carried unanimously.
10/21/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel Guzman
King, Marie Summers, Cristina Danforth, Lawrence Barton, Ralinda Ninham-Lamberies,
Clorissa N. Santiago, Kristen Hooker, Rae Skenandore, James Petitjean, Rhiannon Metoxen,
Kristal Hill. This was a work meeting held through Microsoft Teams. The purpose of this
work session was to review the Budget Management and Control law line by line and begin
discussing potential amendments. Attorney will update the draft based on suggestions during
this work meeting, and will note all parking lot issues, and will schedule another work meeting
with this team.

11/24/20:

E-Poll Conducted. This e-poll was titled, “Approval of the Budget Management and Control
Law Emergency Amendments Adoption Packet.” The requested action of this e-poll was to
approve the Budget Management and Control law emergency amendments adoption packet
and forward to the Oneida Business Committee. This e-poll was approved by Jennifer
Webster, David P. Jordan, Marie Summers, and Kirby Metoxen. Daniel Guzman King did not
provide a response during the e-poll time frame.

11/24/20 OBC: Motion by Lisa Liggins to amend the agenda to add two (2) items [1) item V.D. Adopt
resolution entitled Emergency Amendments to the Budget Management and Control Law; and
2) item V.E. Adopt resolution entitled Approval of Final Draft Fiscal Year 2021 Budget and
Budget Directives], seconded by Marie Summers. Motion carried.

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Motion by Lisa Liggins to adopt resolution 11-24-20-E Emergency Amendments to the
Budget Management and Control Law, seconded by David P. Jordan. Motion carried.
12/2/20 LOC: Motion by Kirby Metoxen to enter into the record the results of the November 24, 2020, epoll titled, “Approval of the Budget Management and Control Law Emergency Amendments
Adoption Packet”; seconded by Jennifer Webster. Motion carried unanimously.
12/2/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie
Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a
work meeting held through Microsoft Teams. The purpose of this work meeting was to
provide a brief update to the LOC on the status of holding a work meeting with the Treasurer,
Budget Analyst, and Strategic Planner to collect information on how to efficiently and
effectively incorporate community input into the budget process.

1/22/21:

Work Meeting. Present: Clorissa N. Santiago, Lawrence Barton, Ralinda Ninham-Lamberies,
Rae Skenandore, James Petitjean. This was a work meeting held through Microsoft Teams.
The purpose of this work meeting was to discuss with Finance potential issues that need to be
addressed in the proposed amendments to this law.

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 provide the LOC an
update on the January 22 work meeting with Finance, and discuss a plan for moving this item
forward.

2/9/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda
Ninham-Lamberies, Rae Skenandore, James Petitjean. This was a work meeting held through
Microsoft Teams. The purpose of this work meeting was to discuss potential amendments to
the Budget Management and Control law and discuss a plan for moving this legislative item
forward.

2/25/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda
Ninham-Lamberies, Rae Skenandore, James Petitjean. This was a work meeting held through
Microsoft Teams. The purpose of this work meeting was to discuss a potential outline for a
law that would include not only information on the budget, but broader financial policies of
the Nation.

4/28/21 OBC: [Considerations regarding the Budget Management and Control Law] Motion by Kirby
Metoxen to acknowledge we are out of compliance and going forward we get into compliance.
Motion failed due to lack of support.
Motion by David P. Jordan to direct the LOC [Legislative Operating Committee] to have
emergency amendments to the Budget Management and Control law to remove much of the
budget process/deadlines and leave it simply at a budget should be adopted by September 30,
2021 and direct the LOC to continue working with Finance to get the Budget Management
and Control law amended, seconded by Jennifer Webster. Motion carried.
4/29/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, 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 how
to address the 4/28 directive from the Oneida Business Committee to bring forward emergency
amendments to the law.
A good mind. A good heart. A strong fire.

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5/5/21 LOC:

Motion by Jennifer Webster to approve the Budget Management and Control law emergency
adoption packet and forward to the Oneida Business Committee for consideration; seconded
by Daniel Guzman King. Marie Summers abstained. Motion carried.

5/12/21 OBC: Motion by Lisa Liggins to adopt resolution 05-12-21-C Emergency Amendments to the
Budget Management and Control Law, with two (2) changes [1) at line 73, insert "BE IT
FURTHER RESOLVED, the deadlines provided in the Fiscal Year 2022 Budget Calendar,
which is published on the Oneida Portal and was shared at the April 6, 2021, Budget Kick-off
meeting, are suspended until further notice."; and 2) change last resolve to "BE IT FINALLY
RESOLVED, the Treasurer shall present a resolution to a special Business Committee work
session, scheduled no later than June 11, 2021, which provides the general framework for the
Fiscal Year 2022 budget development process, which shall include, but is not limited to,
information such as the budget calendar, opportunities for community input and discussion,
line item guidance, and new position definition, guidance, and review process."], seconded by
Jennifer Webster. Motion carried.
5/25/21:

Work Meeting. Present: Clorissa N. Santiago, Lawrence Barton, Ralinda Ninham-Lamberies,
Rae Skenandore. This was a work meeting held through Microsoft Teams. The purpose of this
work meeting was to go through the draft and begin flushing out potential policies and topics
to be included in the law.

6/16/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda
Ninham-Lamberies, Rae Skenandore. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to continue going through the draft and begin
flushing out potential policies and topics to be included in the law.

7/7/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda
Ninham-Lamberies, Rae Skenandore. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to continue going through the draft and begin
flushing out potential policies and topics to be included in the law.

10/12/21:

Work Meeting. Present: Clorissa N. Santiago, Cristina Danforth, Lawrence Barton, Ralinda
Ninham-Lamberies, Rae Skenandore. This was a work meeting held through Microsoft
Teams. The purpose of this work meeting was to review and discuss the updated proposed
draft one final time before it is presented to the Legislative Operating Committee for their
consideration.

10/14/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, 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 and
discuss the proposed draft of amendments to the Law developed by the Treasurer and Finance.

10/15/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, 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 continue
reviewing and discussing the proposed draft of amendments to the Law developed by the
Treasurer and Finance.

10/20/21:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, 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 review the
updated draft and redline of the proposed amendments to the Law to prepare the draft to be
formally approved on the next LOC meeting agenda.
A good mind. A good heart. A strong fire.

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ONEIDA

27 of 107

Next Steps:
 Approve the Budget Management and Control law emergency amendments extensions packet
and forward to the Oneida Business Committee for consideration.
 Approve the draft of proposed amendments to the Budget Management and Control law and
direct that a legislative analysis be developed.

A good mind. A good heart. A strong fire.

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~
ONEIDA

28 of 107

r""\

Oneida Nation
Oneida Business Committee
Legislative Operating Committee

=DDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida•nsn.gov

TO:
FROM:
DATE:
RE:

Oneida Business Committee
David P. Jordan, LOC Chairperson
November 10, 2021
Extension of the Budget Management and Control Law Emergency Amendments

Please find the following attached backup documentation for your consideration of extending the
Budget Management and Control Law Emergency Amendments:
1. Resolution: Extension of the Emergency Amendments to the Budget Management and
Control Law
2. Statement of Effect: Extension of the Emergency Amendments to the Budget Management
and Control Law
3. Budget Management and Control Law

Overview
The Budget Management and Control law ("the Law") sets fo1ih the requirements to be followed
by the Oneida Business Committee and Oneida fund units when preparing the budget to be
presented to the General Tribal Council for approval and to establish a triennial strategy planning
process for the Nation's budget. [1 O.C. 121.1-1}. On November 24, 2020, the Oneida Business
Committee adopted emergency amendments to the Law in response to the COVID-19 pandemic
to provide that in the event that the Nation proclaims an emergency, in accordance with the
Emergency Management law, which prevents presentation and adoption of the budget by the
General Tribal Council, the Oneida Business Committee shall adopt the Nation's budget. [1 0. C.
121.5-J(b)(l)}. These emergency amendments were set to expire on May 24, 2021.
The Oneida Business Committee then adopted additional emergency amendments to the Law on
May 12, 2021, to address the Nation's non-compliance with the budget development process and
deadlines contained in the Law. The emergency amendments to the Law removed much of the
details of the budget process, requirements, and deadlines from the Law, and instead provide that
the Treasurer shall develop the necessary guidelines and procedures, including specific deadlines,
for the Nation's budget development process, to be reviewed and approved by the Oneida Business
Committee. [1 O.C. 121.5-J(a)J. These emergency amendments are set to expire on November 12,
2021.
The Legislative Operating Committee is now seeking an extension of the emergency amendments
to the Law.
On March 12, 2020, Chairman Tehassi Hill signed a "Declaration of Public Health State of
Emergency" due to the COVID-19 pandemic which sets into place the necessary authority should
action need to be taken, and allows the Oneida Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses. [3 O.C. 302.8-1}. The Oneida
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Business Committee has extended this Public Health State of Emergency until November 25, 2021,
through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-0820-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21N, and BC-09-22-21-A. {3 O.C. 302.8-2].
The Oneida Business Committee can temporarily enact legislation when legislation is necessary
for the immediate preservation of the public health, safety, or general welfare of the Reservation
population, and the amendment of the legislation is required sooner than would be possible under
the Legislative Procedures Act. [1 0. C. I 09. 9-5}. A fiscal impact statement and public meeting
are not required for emergency legislation. [I O.C. 109.9-5(a)J.
The emergency amendments to this Law were necessary for the preservation of the general welfare
of the Reservation population. The COVID-19 pandemic interrupted many processes and
procedures of the Nation, including the development of the Nation's Fiscal Year 2021 and Fiscal
Year 2022 budgets. The Law aims to provide a transparent process and requirements for the Oneida
Business Committee and Oneida fund units when preparing the budget to be presented to the
General Tribal Council for approval. The Nation was not in compliance with the various
requirements and deadlines contained in the Law. The emergency amendments removed the details
of the budget process from the Law and instead required that the Treasurer develop the necessary
guidelines and procedures, including specific deadlines, for the Nation's budget development
process, which ensured that enough flexibility is provided to allow the Nation to determine the
most effective process for the adoption of the budget as we transition through the effects of the
COVID-19 pandemic. Additionally, the proposed emergency amendments to the Law ensured that
a transparent budget process is available to the Oneida Business Committee and Oneida fund units
as we move forward with the development and adoption of the Fiscal Year 2022 budget.
Additionally, observance of the requirements under the Legislative Procedures Act for the
adoption of these amendments was contrary to public interest. The Fiscal Year 2022 budget is
required to be adopted by September 30, 2021, and the process and requirements of the Legislative
Procedures Act cannot be completed in time to ensure that a transparent budget process is made
available to members of the Nation prior to the adoption of the Fiscal Year 2022 budget.
The emergency amendments to the Law will expire on November 12, 2021. The Legislative
Procedures Act allows the Oneida Business Committee to extend emergency amendments for a
six (6) month time period. [I O.C. 109.9-5(b)]. A six (6) month extension of the emergency
amendments to the Law is being requested to provide additional time for the Legislative Operating
Committee to process the adoption of permanent amendments to the Law.
The extension of the emergency amendments to the Law will become effective on November 12,
2021, when the emergency amendments as adopted through BC-05-12-21-C expire and will
remain in effect for an additional six (6) month term which will end on May 12, 2022.
Requested Action
Adopt the Resolution: Extension of the Emergency Amendments to the Budget Management and
Control Law
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A good mind. A good heart. A strong fire.

~
ONEIDA

Oneida Nation

30 of 107

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution #
Extension of the Emergency Amendments to the Budget Management and Control Law
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 Budget Management and Control law (“the Law”) was adopted by the Oneida Business
Committee through resolution BC-02-08-17-C, and most recently amended on an
emergency basis through resolutions BC-11-24-20-E and BC-05-12-21-C; and

WHEREAS,

the purpose of the Law is to set forth the requirements to be followed by the Oneida
Business Committee and Oneida fund units when preparing the budget to be presented to
the General Tribal Council for approval and to establish a triennial strategy planning
process for the Nation’s budget; and

WHEREAS,

the COVID-19 pandemic interrupted many processes and procedures of the Nation,
including the development of the Nation’s Fiscal Year 2022 budget; 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 amendment of the legislation is required sooner than would be possible under the
Legislative Procedures Act; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to the Law through
resolution BC-05-12-21-C for the purpose of addressing the Nation’s non-compliance with
the budget development process and deadlines contained in the Law; and

WHEREAS,

the emergency amendments to the Law removed much of the details of the budget
process, requirements, and deadlines from the Law, and instead provide that the Treasurer
shall develop the necessary guidelines and procedures, including specific deadlines, for
the Nation’s budget development process, to be reviewed and approved by the Oneida
Business Committee; and

WHEREAS,

the Oneida Business Committee determined that the emergency adoption of these
amendments to the Law were necessary for the preservation of the general welfare of the
Reservation population in order to provide enough flexibility to allow the Nation to
determine the most effective process for the adoption of the budget as we transition
through the effects of the COVID-19 pandemic, while ensuring that a transparent budget
process is available to the Oneida Business Committee and Oneida fund units as we move
forward with the development and adoption of the Fiscal Year 2022 budget; and

31 of 107
BC Resolution _____________
Extension of the Emergency Amendments to the Budget Management and Control Law
Page 2 of 2

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WHEREAS,

observance of the requirements under the Legislative Procedures Act for adoption of these
emergency amendments was contrary to public interest since the process and
requirements of the Legislative Procedures Act could not be completed in time to ensure
that a transparent budget process was available to members of the Nation prior to the
adoption of the Fiscal Year 2022 Budget; and

WHEREAS,

emergency legislation is effective for a period of six (6) months, renewable for an additional
six (6) months by the Oneida Business Committee; and

WHEREAS,

the emergency amendments to the Law will expire on November 12, 2021; and

WHEREAS,

a six (6) month extension of the emergency amendments is being requested to allow for
the emergency amendments to remain in effect while the Legislative Operating Committee
develops permanent amendments to the Law; and

NOW THEREFORE BE IT RESOLVED, that the emergency amendments to the Budget Management and
Control law are hereby extended for an additional six (6) month period effective November 12, 2021, and
shall expire on May 12, 2022.

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~

Oneida Nation
Oneida Business Committee
Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Statement of Effect
Extension of the Emergency Amendments to the Budget Management and Control Law
Summary
This resolution extends the emergency amendments to the Budget Management and Control law
adopted through resolution BC-05-12-21-C for an additional six (6) months in accordance with
the Legislative Procedures Act.
Submitted by: Clorissa N. Santiago, Senior Staff Attorney, Legislative Reference Office
Date: October 27, 2021
Analysis by the Legislative Reference Office
This resolution extends the emergency amendments to the Budget Management and Control law
(“the Law”) for an additional six (6) month period. The purpose of the Law is to set forth the
requirements to be followed by the Oneida Business Committee and Oneida fund units when
preparing the budget to be presented to the General Tribal Council for approval and to establish a
triennial strategy planning process for the Nation’s budget. [1 O.C. 121.1-1].
Emergency amendments to the Law were adopted by the Oneida Business Committee on May 12,
2021, through resolution BC-05-12-21-C to address the Nation’s non-compliance with the budget
development process and deadlines contained in the Law. The emergency amendments to the Law
removed much of the details of the budget process, requirements, and deadlines from the Law, and
instead provide that the Treasurer shall develop the necessary guidelines and procedures, including
specific deadlines, for the Nation’s budget development process, to be reviewed and approved by
the Oneida Business Committee. [1 O.C. 121.5-3(a)]. These emergency amendments are set to
expire on November 12, 2021.
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].
On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” due to the COVID-19 pandemic which sets into place the necessary authority should
action need to be taken, and allows the Oneida Nation to seek reimbursement of emergency
management actions that may result in unexpected expenses. [3 O.C. 302.8-1]. The Oneida
Business Committee has extended this Public Health State of Emergency until November 25, 2021,
through the adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A, BC-07-0820-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A, BC-11-10-20-A, BC-12-09-20-D, BC-

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01-07-21-A, BC-02-10-21-A, BC-03-10-21-D, BC-05-12-21-A, BC-06-23-21-B, BC-07-28-21N, and BC-09-22-21-A. [3 O.C. 302.8-2].
The Oneida Business Committee determined the emergency amendment to this Law was necessary
for the preservation of the general welfare of the Reservation population. The emergency
amendment to this Law ensured that enough flexibility was provided to allow the Nation to
determine the most effective process for the adoption of the budget as we transition through the
effects of the COVID-19 pandemic, and ensured that a transparent budget process was available
to the Oneida Business Committee and Oneida fund units as we moved forward with the
development and adoption of the Fiscal Year 2022 budget.
Additionally, the Oneida Business Committee determined observance of the requirements under
the Legislative Procedures Act for the adoption of these emergency amendments was contrary to
public interest since 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 a transparent budget process is made available to members of the
Nation prior to the adoption of the Fiscal Year 2022 budget.
The emergency amendments to the Law will expire on November 12, 2021. The Legislative
Procedures Act allows the Oneida Business Committee to extend emergency amendments for a
six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency
amendments to the Law is being requested to provide additional time for the Legislative Operating
Committee to process the adoption of permanent amendments to the Law.
The extension of the emergency amendments to the Law will become effective on November 12,
2021, when the emergency amendments as adopted through BC-05-12-21-C expire, and will
remain in effect for an additional six (6) month term which will end on May 12, 2022.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws.

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A good mind. A good heart. A strong fire.

~
ONEIDA

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Title 1. Government and Finances – Chapter 121
Twahwistatye>n$tha>
We have a certain amount of money
BUDGET MANAGEMENT AND CONTROL
121.1.
121.2.
121.3.
121.4.
121.5.
121.6.

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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Strategic Planning
Budget Process
Capital Improvements

121.7.
121.8.
121.9.
121.10.
121.11.
121.12.

Appropriation of the Nation’s Funds
Budget Authority
Budget Transfers; Amendments
Reporting
Authorizations and Signatures
Enforcement and Penalties

121.1.
Purpose and Policy
121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the
Oneida Business Committee and Oneida fund units when preparing the budget to be presented to
the General Tribal Council for approval and to establish a triennial strategy planning process for
the Nation’s budget.
121.1-2. Policy. It is the policy of the Nation to rely on value-based budgeting strategies,
identifying proper authorities and ensuring compliance and enforcement.
121.2.
Adoption, Amendment, Repeal
121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and emergency amended by resolutions BC-11-24-20-E, and BC-05-12-21-C.
121.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
121.2-3. 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.
121.2-4. 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. Provided that, nothing in this law amends or repeals the
requirements of resolution BC-10-08-08-A, Adopting Expenditure Authorization and Reporting
Requirements.
121.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
121.3.
Definitions
121.3-1. 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) “Appropriation” means the legislative act of designating funds for a specific purpose
in accordance with the provisions contained in this law.
(b) “Capital expenditure” means any non-recurring and non-physical improvement as
follows:
(1) Any item with a cost of five thousand dollars ($5,000.00) or more and an
estimated life of one (1) year or more; or
(2) Items purchased together where none of the items individually costs more than
two thousand dollars ($2,000.00), but the total purchase price for all of the items is
ten thousand dollars ($10,000.00) or more.
(c) “Capital improvement” means non-recurring expenditure for physical improvements,
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including costs for: acquisition of existing buildings, land, or interests in land; construction
of new buildings or other structures, including additions and major alterations; acquisition
of fixed equipment; landscaping; physical infrastructure; and similar expenditures with a
cost of five thousand dollars ($5,000.00) or more and an estimated life of one (1) year or
more.1
(d) “CFO” means the Nation’s Chief Financial Officer.
(e) “Debt” means the secured or unsecured obligations owed by the Nation.
(f) “Economic life” means the length of time an asset is expected to be useful.
(g) “Executive manager” means any one of the following positions within the Nation:
Chief Executive Officer/General Manager, Gaming General Manager, Chief Legal
Counsel and/or Chief Financial Officer.
(h) “Expenditure report” means a financial report which includes, but is not limited to, a
statement of cash flows, revenues, costs and expenses, assets, liabilities and a statement of
financial position.
(i) “Fiscal year” means the one (1) year period each year from October 1st to September
30th.
(j) “Fund unit” means any board, committee, commission, service, program, enterprise,
department, office, or any other division or non-division of the Nation which receives an
appropriation approved by the Nation.
(k) “General reserve fund” means the Nation’s main operating fund which is used to
account for all financial resources not accounted for in other funds.
(l) “GTC allocations” means expenditures directed by the General Tribal Council as
required payments and/or benefits to the Nation’s membership and are supported by either
a General Tribal Council or Oneida Business Committee resolution.
(m) “Line item” means the specific account within a fund unit’s budget or category that
expenditures are charged to.
(n) “Manager” means the person in charge of directing, controlling and administering the
activities of a fund unit.
(o) “Nation” means the Oneida Nation.
(p) “Rule” means a set of requirements, including citation fees and penalty schedules,
enacted in accordance with the Administrative Rulemaking law based on authority
delegated in this law in order to implement, interpret and enforce this law.
(q) “Treasurer” means the elected Oneida Nation Treasurer or his or her designee.
121.4.
Strategic Planning
121.4-1. Triennial Strategic Plan. Prior to December 1st of each year, the Oneida Business
Committee, in consultation with the Executive Managers, shall develop a triennial strategic plan
which includes, but is not limited to:

1

Acquisition of existing buildings and land completed by the Oneida Land Commission are not included in the
definition of “Capital Improvement.”

1 O.C. 121- Page 2

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(a) Major policy and budgetary goals for the Nation, both long and short term;
(b) Specific strategies and planned actions for achieving each goal; and
(c) Performance targets and indicators to track progress which, to the extent available,
includes, but is not limited to:
(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal
years; and
(2) Performance targets for, at a minimum, the next three (3) complete fiscal years
moving forward.
121.4-2. Fund Units’ Contributions to the Triennial Strategic Plan. Managers shall annually
develop, submit and maintain a triennial strategic plan for the fund unit’s operations which aligns
with the triennial strategic plan established by the Oneida Business Committee pursuant to 121.41. Managers shall submit the fund unit’s triennial strategic plan to the CFO when the fund unit’s
budget is due and, at a minimum, shall include the following in the plan:
(a) A statement of the fund unit’s mission;
(b) Specific goals including a description of the fund unit’s strategies as part of its service
group provided in 121.5-3(c) which aligns with the goals established in the Nation’s
triennial strategic plan;
(c) Specific strategies for achieving each of the fund unit’s goals; and
(d) Performance targets and indicators to track progress which, to the extent available,
includes, but is not limited to:
(1) Statistics and trending data for, at a minimum, the last three (3) complete fiscal
years; and
(2) Performance targets for, at a minimum, the next three (3) complete fiscal years
moving forward.
121.4-3. Budget Contingency Plan. The Oneida Business Committee shall work with the CFO,
executive managers and managers to create a budget contingency plan which provides a strategy
for the Nation to respond to extreme financial distress that could negatively impact the Nation.
The Oneida Business Committee shall approve, by resolution, the budget contingency plan and
any amendments thereto. The Oneida Business Committee is responsible for the implementation
of the budget contingency plan, provided that such implementation is predicated on the Oneida
Business Committee’s determination that the Nation is under extreme financial distress. For the
purposes of this section, extreme financial distress includes, but is not limited to, natural or humanmade disasters, United States Government shutdown, Tribal shutdown (which occurs when the
General Tribal Council has not approved a budget for the Nation prior to the beginning of a new
fiscal year) and economic downturns.
(a) Cost Savings Tools. As part of the budget contingency plan, the Oneida Business
Committee may require stabilization funds, reductions of expenditures, furloughs and other
cost saving tools provided that such tools are in compliance with the Nation’s laws,
specifically the Nation’s employment laws, rules and policies.
(b) Business Continuity Fund. The Oneida Business Committee shall maintain a
Permanent Executive Contingency account within the ownership investment report to be
used to prevent default on debt and to sustain operations during times of extreme financial
distress. The Treasurer, in consultation with the CFO, shall establish, and the Oneida
Business Committee shall approve, the level of business continuity funds required in the
Permanent Executive Contingency account. The Treasurer shall set aside business
continuity funds in the Permanent Executive Contingency account until the established
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level has been achieved. Funds in the Permanent Executive Contingency may only be used
for the following purposes and only to the extent that alternative funding sources are
unavailable:
(1) Payments to notes payable to debt service, both principal and interest, and
applicable service fees;
(2) Employee payroll, including all applicable taxes;
(3) Payments to vendors for gaming and retail;
(4) Payments to vendors for governmental operations;
(5) Payments to any other debt; and
(6) To sustain any of the Nation’s other operations during implementation of the
budget contingency plan.
(c) Grant Funds. Grant funds are exempt from requirements of the budget contingency
plan and any cost containment initiatives as such funding is not reliant on Tribal
contributions. Grant funds shall be spent according to any non-negotiable grant
requirements and guidelines of the granting agency to include purchases, travel, training,
hiring grant required positions and any other requirements attached to the funds as a
condition of the Nation’s acceptance of the grant funds.
121.5.
Budget Process
121.5-1. General. The Nation shall develop, adopt, and manage an annual budget. All revenues
and expenditures of the Nation shall be in accordance with the annual budget adopted by the
Nation.
121.5-2. Content of Budget. The Nation’s budget shall include, but is not limited to, the following
information:
(a) Estimated revenues to be received from all sources for the year which the budget covers;
(b) The individual budgets of each fund unit;
(c) A description of each line item within each fund unit’s budget;
(d) The estimated expenditures by each fund unit; and
(e) Each fund unit’s strategic plan showing alignment with the Nation’s goals.
121.5-3. Budget Adoption Procedure. The Nation shall develop and adopt its budget according
to the following procedures:
(a) Budget Schedule and Guidelines. The Treasurer shall develop the necessary guidelines
and procedures, including specific deadlines, for the Nation’s budget development process.
The Treasurer shall submit the guidelines for the development of the budget to the Oneida
Business Committee for review and approval.
(b) Budget Adoption. The final draft budget shall be approved by the Oneida Business
Committee through resolution prior to presentation to the General Tribal Council. The
Oneida Business Committee shall present the budget to the General Tribal Council with a
request for adoption by resolution no later than September 30th of each year. In the event
that the General Tribal Council does not adopt a budget by September 30th, the Oneida
Business Committee may adopt a continuing budget resolution(s) until such time as a
budget is adopted.
(1) Emergency Budget Adoption. In the event that the Nation proclaims an
emergency, in accordance with the Emergency Management and Homeland
Security law, which prevents presentation and adoption of the budget by the
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General Tribal Council, the Oneida Business Committee shall adopt the Nation’s
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121.6.
Capital Improvements
121.6-1. Capital Improvement Plan for Government Services. The Oneida Business Committee
shall develop and the General Tribal Council shall approve a capital improvement plan for
government services and shall reassess the plan once every five (5) years. The capital
improvement plan for government services shall cover a period of five (5) to ten (10) years and
shall include any risks and liabilities. The Oneida Business Committee shall provide a status report
and recommendation for any improvements that have not been completed or that have been
modified at the time of the reassessment.
121.6-2. Capital Improvement Plan for Enterprises. Capital improvement plans for enterprises
may be brought forward as needed in accordance with the capital improvement rules which the
Community Development Planning Committee and the Development Division shall jointly create,
provided that the rules shall include a provision that the Oneida Business Committee shall approve
all capital improvement plans.
121.6-3. Capital Improvement Plan Implementation. Capital Improvement plans shall be
implemented, contingent on available funding capacity, using the capital improvement rules.
121.7.
Appropriation of the Nation’s Funds
121.7-1. Unexpended Capital Improvement Funds. Unless the fund unit qualifies for an exception
as provided in the capital improvement rules, unexpended capital improvement funds carry over
to the next fiscal year’s budget, provided that such funds are required to remain appropriated for
the same purpose as originally budgeted until the project is complete. Once a capital improvement
project is complete, any remaining unexpended funds shall be returned to the general fund to be
re-allocated in accordance with the Oneida Business Committee’s priority list under 121.5-3 using
the regular budget process under 121.5.
121.7-2. Unexpended Capital Expenditure Funds. The CFO shall ensure that all unexpended
capital expenditure funds are reallocated to the fiscal year budget two (2) years out from the fiscal
year in which the funds were unexpended. Such unexpended funds shall be re-allocated in
accordance with the Oneida Business Committee’s priority list under 121.5-3 using the regular
budget process under 121.5.
121.8.
Budget Authority
121.8-1. Authority to Expend Funds. The Treasurer’s authority to expend appropriated funds is
delegated to the CFO, who shall make such expenditures in accordance with the adopted budget.
This authority is necessarily delegated to other managers, including executive managers, of the
Nation who manage the budgets, pursuant to their job descriptions based on the procurement
manual rules developed by the Purchasing Department.
121.8-2. Exhaustion of Non-Tribal Funds. When grant funds provide for forward funding as
applicable to a function for which the Nation’s funds have also been appropriated, those grant
funds shall be used before appropriating the Nation’s funds unless the Nation’s funds are needed
to make up an otherwise shortfall in the overall fund unit budget or there is a restriction on the
grant funds that provide otherwise.
121.8-3. In addition to the authority and responsibilities provided elsewhere in this law, the
following positions and fund units shall have the authority and responsibilities as outlined below:
1 O.C. 121- Page 5

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(a) Oneida Business Committee. Once the Nation’s annual budget is adopted by the
General Tribal Council, the authority of the Oneida Business Committee is limited to
budget oversight except as otherwise provided in this law. However, these limitations do
not prevent the Oneida Business Committee, with input from the CFO, from taking
necessary action, on an emergency basis and within the scope of its authority, to protect
and safeguard the resources and general welfare of the Nation and ensure compliance with
applicable laws, regulations and requirements. The OBC shall ensure that the CFO
performs the duties and responsibilities as assigned under this law.
(b) Treasurer. In addition to the Treasurer’s Constitutional responsibilities, the Nation’s
Treasurer shall:
(1) Submit expenditure reports and other financial reports as deemed necessary by
the Oneida Business Committee and/or the General Tribal Council at:
(A) The annual General Tribal Council meeting;
(B) The semi-annual General Tribal Council meeting; and
(C) Other such times as may be directed by the Oneida Business Committee
and/or the General Tribal Council.
(2) Present the proposed draft budget to the General Tribal Council at the annual
budget meeting as required by section 121.5-9.
(c) Chief Financial Officer. Once the Nation’s budget is properly adopted, the CFO shall
ensure that it is properly implemented. The CFO shall:
(1) Provide managers with monthly revenue and expense reports in order for the
managers to track their expenditures;
(2) Submit, to the Oneida Business Committee, a written report of any monthly
variances that are either a difference of three percent (3%) or more from the adopted
annual budget or $50,000 or more in total; and
(3) Conduct financial condition meetings with the Nation’s management on a
quarterly basis.
(d) Managers. Managers of each business unit shall:
(1) Ensure that their business units operate, on a day-to-day basis, in compliance
with the budget adopted pursuant this law;
(2) Report to the CFO explanations and corrective actions for any monthly variance
that are either a difference of three percent (3%) or more from the adopted annual
budget or $50,000 or more in total; and
(3) Submit budget review reports to the CFO on a reasonable and timely basis not
to exceed thirty (30) calendar days from the end of the month.
121.9.
Budget Transfers; Amendments
121.9-1. Budget Transfers. After the budget is adopted, transfer of funds within the budget is not
permitted except as provided in section 121.8-3(a) and to allow the CFO to adjust the approved
budget as required to accurately reflect the amount of grant funding actually received.
121.9-2. Budget Amendments. After the budget is adopted, amendments of the budget are not
permitted except as provided in section 121.8-3(a).
121.10. Reporting
121.10-1. Monthly Reporting. The CFO shall provide copies of the monthly Treasurer’s reports
and quarterly operational reports from direct reports to the Oneida Business Committee in
1 O.C. 121- Page 6

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accordance with Secretary’s Oneida Business Committee packet schedule for the Oneida Business
Committee Meeting held for the acceptance of such reports.
121.10-2. Audits. The Internal Audit Department, annually, shall conduct independent
comprehensive performance audits, in accordance with the Audit Law, the Financial Accounting
Standards Board (FASB) and the Governmental Accounting Standards Board (GASB), of
randomly selected fund units or of fund units deemed necessary by the Oneida Business
Committee or Internal Audit Department. Each fund unit shall offer its complete cooperation to
the Internal Audit Department. The Oneida Business Committee may, as it deems necessary,
contract with an independent audit firm to conduct such audits.
121.11. Authorizations and Signatures
121.11-1. General. The procurement manual rules developed by the Purchasing Department shall
provide the sign-off process and authorities required to expend funds on behalf of the Nation.
121.11-2. Fees and Charges. Managers of programs and services requiring Tribal contribution
that desire to charge fees for their services shall determine the full cost of providing the program
and/or service and, only then, may charge fees to cover operational costs. The full cost of
providing a program and/or service includes all costs including operation costs, overhead such as
direct and indirect costs, and depreciation. Fees and charges may cover the full cost of service
and/or goods whenever such fee or charge would not present an undue financial burden to
recipient. Programs and services charging fees may offer fee waivers, provided that the
program/service has developed rules outlining the fee waiver eligibility and requirements.
121.12. Enforcement
121.12-1. Compliance and Enforcement. All employees and officials of the Nation shall comply
with and enforce this law to the greatest extent possible.
121.12-2. Violations. Violations of this law shall be addressed using the applicable enforcement
tools provided by the Nation’s laws, policies and rules, including but not limited to, those related
to employment with the Nation, conflicts of interest, ethics and removal from an elected position.
121.12-3. Civil and/or Criminal Charges. This law shall not be construed to preclude the Nation
from pursuing civil and/or criminal charges under applicable law. Violations of applicable federal
or state civil and/or criminal laws may be pursued in a court having jurisdiction over any such
matter.
End.
Adopted-BC-02-08-17-C
Emergency Amended – BC-11-24-20-E
Emergency Amended – BC-05-12-21-C
Emergency Extended – BC-__-__-__-__

1 O.C. 121- Page 7

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Title 1. Government and Finances – Chapter 121
BUDGET MANAGEMENT AND CONTROL
Twahwistatye>n$tha>
We have a certain amount of money
BUDGET AND FINANCES
121.1.
121.2.
121.3.
121.4.
121.5.
121.6.

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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Strategic Planning
Budget Process
Capital Improvements

121.7.
121.8.
121.9.
121.10.
121.11.
121.12.

Appropriation of the Nation’s Funds
Budget Authority
Budget Transfers; Amendments
Reporting
Authorizations and Signatures
Enforcement and Penalties

121.1.
Purpose and Policy
121.1-1. Purpose. The purpose of this law is to set forth the requirements to be followed by the
Oneida Business Committee and Oneida fund units when preparing the budget to be presented to
the General Tribal Council for approval, and to establish financial policies and procedures for the
Nation which: a triennial strategy planning process for the Nation’s budget.
(a) institutionalize best practices in financial management to guide decision makers in
making informed decisions regarding the provision of services, implementation of business
plans for enterprises, investments, and capital assets;
(b) provide a long term financial prospective and strategic intent, linking budget
allocations to organizational goals, as well as providing fiscal controls and accountability
for results and outcomes;
(c) identify and communicate to the membership of the Nation spending decisions for the
government function, grant obligations, enterprises, membership mandates, capital
expenditures, technology projects, and capital improvement projects;
(d) establish a framework for effective financial risk management; and
(e) encourage participation by the Nation’s membership.
121.1-2. Policy. It is the policy of the Nation to rely on value-based balanced-based budgeting
strategies, identifying proper authorities and ensuring compliance and enforcement. The Nation
shall use Generally Accepted Accounting Principles (GAAP), established by the Financial
Accounting Standards Board, and the Governmental Accounting Standards Board (GASB) in
accounting and reporting for the financial activities of the various entities of the Nation, unless
they conflict with applicable legal requirements.
121.2.
Adoption, Amendment, Repeal
121.2-1. This law was adopted by the Oneida Business Committee by resolution BC-02-08-17C, and amended by resolution BC-__-__-__-__.
121.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
121.2-3. 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.
121.2-4. 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. Provided that, nothing in this law amends or repeals the
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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6b6331a691d97a6b. Public record. Not legal advice.