Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 06-10-20-D

Amendments to the Tobacco 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 Tobacco law (‘the Law”) was adopted by the Oneida Business Committee through

resolution BC-11-18-81-A, and then amended by resolutions BC-10-10-07-A, BC-04-0914-F, and BC-01-25-17-B; and

WHEREAS,

the purpose of the Law is to regulate the sale, possession and distribution of cigarettes

within the Reservation; and

WHEREAS,

the Oneida Business Committee adopted emergency amendments to this Law through

resolution BC-02-26-20-A in accordance with the emergency adoption process set forth in

the Legislative Procedures Act; and

WHEREAS,

the emergency amendments raised the Nation’s minimum age for the sale of cigarettes

and electronic cigarettes from eighteen (18) to twenty-one (21) years old based on

President Trump’s December 20, 2019, action to sign into law an amendment to the

Federal Food, Drug, and Cosmetic Act which raised the legal age to purchase tobacco

products from at least eighteen (18) to at least twenty-one (21) years old, effective

immediately; and

WHEREAS,

the emergency amendments to the Law are set to expire on August 26, 2020; and

WHEREAS,

the adoption of the emergency amendments on a permanent basis are necessary to remain

compliant with the Federal Food, Drug, and Cosmetic Act’s requirements; and

WHEREAS,

additional permanent amendments to the Law were made and include the addition of a

definition for tobacco products; and

WHEREAS,

the permanent amendments clarify that all tobacco products, and not just cigarettes and

electronic cigarettes, shall not be sold to any person under the age of twenty-one (21) years

old; and

BC Resolution # 06-10-20-D

Amendments to the Tobacco Law

Page 2 of 3

WHEREAS,

the permanent amendments to the Law clarify that no person other than an authorized

employee shall sell tobacco products, and not just cigarettes and electronic cigarettes, at

an Oneida retail location; and

WHEREAS,

the permanent amendments to the Law clarify that the process and procedure contained

in the Nation’s Citations law will govern citations issued under this Law; and

WHEREAS,

the permanent amendments to the Law provide authority to the Oneida Business

Committee to adopt through resolution a fine and penalty schedule for citations issued as

a result of a violation of this Law; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Oneida Law Office, Oneida Retail Enterprise, and the Community Health Services

Department to develop the amendments to this Law; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was not held in accordance

with the Legislative Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

in the Spring of 2020 the world experienced the spread of the COVID-19 pandemic which

resulted in many countries experiencing the effects of health issues and mortality related

to COVID-19 and vast economic impacts; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19 which declared a Public Health State of Emergency for

the Nation until April 12, 2020, which was then subsequently extended through June 11,

2020, through the adoption of resolutions BC-03-28-20-A and BC-05-06-20-A; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which prohibits all public gatherings of any number of people and

orders all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

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; and

WHEREAS,

although a public meeting was not held for the proposed amendments to this Law, the

public comment period for the amendments to this Law was held open until May 7, 2020;

and

BC Resolution # 06-10-20-D

Amendments to the Tobacco Law

Page 3 of 3

NOW THEREFORE BE IT RESOLVED, that the amendments to the Tobacco law are hereby adopted and

shall be effective on June 24, 2020.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 9 members

were present at a meeting duly called, noticed and held on the 10th day of June, 2020; that the forgoing

resolution was duly adopted at such meeting by a vote of 6 members for, 0 members against, and 2

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Summers, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."