Tribal Code, Prairie Band Potawotami Nation; National Indian Law Library, Native American Rights Fund (NARF)

Tribal Code, Prairie Band Potawotami Nation; National Indian Law Library, Native American Rights Fund (NARF)

Tribal Law Gateway | Prairie Band Potawatomi Nation | Tribal Code

Prairie Band Potawatomi Nation - Law and Order Code

Current Through : January 24, 2019

The tribe makes their code available online. The link below will take you to the version of the code available through the tribe's website and on the Code Publishing website .

Full-text of Law and Order Code on Code Publishing website.

Table of Contents

Title 1. General Provisions

1-1 APPLICATION OF CODE

1-1-1 Territory, Persons and Property Affected.

1-2 LEGAL AUTHORITY

1-2-1 Constitutional Authority.

1-2-2 Prior Inconsistent Codes and Ordinances Repealed.

1-2-3 Construction.

1-3 AMENDMENT

1-3-1 Amendment of Law and Order Code.

1-4 DEFINITIONS

1-4-1 Definitions

Title 2. Courts

2-1 GENERAL PROVISIONS

2-1-1 Authorization.

2-1-2 Consent to Jurisdiction.

2-1-3 Tribal Court Jurisdiction.

2-1-4 Criminal Jurisdiction.

2-1-5 Probate Jurisdiction.

2-1-6 Juvenile Jurisdiction.

2-1-7 Law to be Applied.

2-2 JUDICIAL COUNCIL AND PEACEMAKERS CIRCLE GENERALLY.

2-2-1 Separate and Independent Branches.

2-2-2 Procedures.

2-2-3 Number and Qualifications.

2-2-4 Term of Office.

2-2-5 Oath of Office.

2-2-6 General Duties and Powers. District Court, Court of Appeals, Employee

Disputes Tribunal.

2-2-7 Additional Duties and Powers. District Court Judge, Court of Appeals

Justice.

2-2-8 RESERVED.

2-2-9 Compensation. District Court Judge, Court of Appeals Justice.

2-2-10 Removal. District Court Judge, Court of Appeals Justice, Employee

Disputes Tribunal Magistrate.

2-2-11 Disqualifications, Conflict of Interest.

2-2-12 Decisions.

2-2-13 Records.

2-2-14 Files.

2-2-15 Practice Before the Court.

2-2-16 Rules of the Court.

2-2-17 Action on Appeals.

2-2-18 Court Receipts.

2-3 COURT CLERK

2-3-1 Establishment Judicial Administrator’s Office.

2-3-2 Service to all Courts.

2-3-3 Judicial Administrator.

2-3-4 Powers and Duties.

2-3-5 Seal.

2-3-6 Certification of True Copies.

2-3-7 Notice or Orders or Judgments.

2-3-8 Clerk’s Books, Records and Entries.

2-3-9 Separate Case Files.

2-3-10 Memorializing Record.

2-3-11 Statistical Information.

2-4 MISCELLANEOUS

2-4-1 Publications.

2-4-2 Immaterial Errors.

2-4-3 Copies of Laws.

2-4-4 Effect of Prior Decisions.

2-4-5 Judicial Review.

2-4-6 Action When No Procedure Provided.

2-5 PEACEMAKERS

2-5-1 Peacemakers Circle.

Title 3. Grievance Committee

3-1 SCOPE AND PURPOSE

3-1-1 Purpose.

3-1-2 Definitions.

3-2 GENERAL PROVISIONS

3-2-1 Swearing in Committee Members.

3-2-2 General Powers of the Committee.

3-2-3 Records to be Kept Permanently.

3-2-4 Assigning Case Numbers.

3-2-5 Complaints.

3-2-6 Stay of Further Removal Proceedings.

3-2-7 Severability.

3-2-8 Disposition of Costs.

3-3 MEDIATION

3-3-1 Authorization.

3-3-2 Requests for Assistance.

3-3-3 Records.

3-3-4 Duties of Parties.

3-4 INVESTIGATIVE HEARING

3-4-1 Investigative Commencement.

3-4-2 Complaint.

3-4-3 Filing the Complaint.

3-4-4 Service of Process.

3-4-5 Computation of Time.

3-4-6 Answer.

3-4-7 Role of Grievance Committee in Hearings.

3-4-8 Quorum.

3-4-9 Date of Hearing.

3-4-10 General Order of Hearing.

3-4-11 Taking Testimony of a Witness.

3-4-12 Evidence.

3-4-13 Burden.

3-4-14 Standard of Proof.

3-4-15 Findings and Order.

3-4-16 Result of False Swearing.

3-4-17 Private Cause of Action Created.

3-4-18 Calling the General Council Meeting.

3-4-19 Notice to General Council.

3-5 GENERAL COUNCIL REMOVAL HEARING

3-5-1 Procedures.

3-5-2 Presentation.

3-5-3 Deliberation.

3-5-4 Voting.

3-5-5 Judgment.

3-5-6 Adjournment.

3-5-7 Powers of Court Not Diminished.

Title 4. Civil Procedure

4-1 GENERAL PROVISIONS

4-1-1 No effect upon Sovereign Immunity.

4-1-2 Declaratory Judgment.

4-1-3 Effect of Previous Court Decisions.

4-1-4 Definitions.

4-2 COMMENCEMENT OF ACTION: 2 PLEADINGS, MOTIONS AND ORDERS

4-2-1 Commencement of Action.

4-2-2 Pleadings and Motions.

4-2-3 General Rules.

4-2-4 General Form.

4-2-5 Judgment on the Pleadings.

4-2-6 Counterclaims.

4-2-7 Counterclaim Effect on Statutes of Limitation.

4-2-8 Amended and Supplemental Pleadings.

4-2-9 Pre-trial Conference.

4-2-10 Dismissal of Actions.

4-3 PROCESS, SUMMONS, SUBPOENAS

4-3-1 Issuance of Summons.

4-3-2 Form of Summons.

4-3-3 Manner of Process Service.

4-3-4 Who May Serve Process.

4-3-5 Proof of Service.

4-3-6 Territorial Limits of Effective Service.

4-3-7 Time Limit for Service.

4-3-8 Vacating Default Judgments Where Service is By Publication.

4-3-9 Subpoena.

4-3-10 Computation and Enlargement of Time.

4-3-11 Extraterritorial Service Authorized.

4-4 PARTIES

4-4-1 Parties and Capacity.

4-4-2 Joinder.

4-4-3 Misjoinder of Parties.

4-4-4 Intervention.

4-4-5 Substitution of Parties.

4-5 DISCOVERY

4-5-1 General Provisions.

4-5-2 Privilege.

4-5-3 Notice and Service.

4-5-4 Protection.

4-5-5 Costs.

4-5-6 Depositions.

4-5-7 Interrogatories.

4-5-8 Production of Documents and Such.

4-5-9 Physical and Medical Examination.

4-5-10 Request for Admission.

4-5-11 Sanctions.

4-6 WITNESSES

4-6-1 Issue and Service of Subpoena for Witnesses.

4-6-2 Witness Privileged.

4-6-3 Demand for fees.

4-6-4 Witness Fee.

4-7 JURORS

4-7-1 Jury Roll.

4-7-2 Jury Listing.

4-7-3 Preparation of Jury Wheel.

4-7-4 General Jury Panel.

4-7-5 Summoning Jurors.

4-7-6 Examination of Jurors.

4-7-7 Alternate Jurors.

4-7-8 Exemptions.

4-7-9 Jury Oath.

4-7-10 Jury Verdict.

4-8 TRIALS

4-8-1 Issues.

4-8-2 Jury Trial of Right.

4-8-3 Trial by Jury.

4-8-4 Order of Trial.

4-8-5 Opening Statements.

4-8-6 Burden of Proof.

4-8-7 Evidence.

4-8-8 Testimony.

4-8-9 Exceptions Unnecessary.

4-8-10 Closing Arguments.

4-8-11 Jury Instruction.

4-8-12 Jury Deliberations.

4-8-13 Information After Retirement.

4-8-14 Jury Discharge.

4-8-15 Re-trial.

4-8-16 Jury Verdict.

4-8-17 Assessing Recovery Amount.

4-8-18 Court Verdict.

4-9 REMEDIES

4-9-1 Scope.

4-9-2 Types of Remedies.

4-9-3 Temporary Restraining Order.

4-9-4 Preliminary Injunction.

4-9-5 Preliminary Injunction-Criteria.

4-9-6 Injunction is Equitable.

4-9-7 Enforcement.

4-9-8 Modification.

4-9-9 Order of Protection from Domestic Violence.

4-10 JUDGMENT

4-10-1 Judgments.

4-10-2 Default.

4-10-3 Offer of Judgment.

4-10-4 Summary Judgment.

4-10-5 Declaratory Judgments.

4-10-6 Entry of Judgment.

4-10-7 New Trials.

4-10-8 Clerical Error.

4-10-9 Harmless Error.

4-10-10 Judgment Lien.

4-10-11 Execution of Judgment.

4-10-12 Stay of Proceedings.

4-10-13 Garnishment.

4-10-14 Prejudgment Garnishment.

4-10-15 Attachment.

4-10-16 Exempt Property.

4-10-17 Taxable Costs.

4-10-18 Awarding Costs.

4-10-19 Foreign Judgments.

4-10-20 Definitions. As used in this section:

4-10-21 Full Faith and Credit.

4-10-22 Filing and Status of Foreign Judgment.

4-10-23 Filing a Foreign Judgment. Enforcement.

4-10-24 Notice of Filing.

4-10-25 Stay of Enforcement.

4-10-26 Filing Fees.

4-11 LIMITATION OF ACTIONS

4-11-1 When Appropriate.

4-11-2 Real Actions.

4-11-3 Other Actions.

4-11-4 Survival of Action.

4-11-5 Construction Tort Claims.

4-11-6 New action, saving statute.

4-12 WORTHLESS CHECK

4-12-1 Civil liability for worthless check.

4-12-2 Civil action to collect on check or order; reasonable attorney fees assessed as costs.

4-13 MISCELLANEOUS PROVISIONS

4-13-1 Tortious Interference with a Business or Governmental Relationship.

4-14 CLAIMS AGAINST PER CAPITA

4-14-1 Claims Against Per Capita.

4-15 REPOSSESSION OF PERSONAL PROPERTY

4-15-1 Repossession of Personal Property.

4-15-2 Definitions.

4-15-3 Limitation of Action.

4-15-4 Petition to Repossess.

4-15-5 Action on the Petition.

4-15-6 Conduct of Hearing.

Title 5. Appellate Procedure

5-1 GENERAL

5-1-1 General Provisions.

5-1-2 Suspension and Revision of Rules.

5-1-3 Discretionary Authority.

5-2 TRIBAL COURT APPEALS

5-2-1 Appeal How Taken.

5-2-2 Appeal as of Right-When Taken.

5-2-3 Appeal as of Right.

5-2-4 The Record on Appeal.

5-2-5 Correction or Modification of the Record.

5-2-6 Transmission of Record.

5-2-7 Docket the Appeal.

5-2-8 Civil Procedures Apply.

5-3 BRIEFS

5-3-1 Brief of Appellant.

5-3-2 Brief of Appellee.

5-3-3 Time for Filing and Service of Briefs.

5-3-4 Consequence of Failure to File Briefs.

5-4 ARGUMENTS

5-4-1 Oral Argument.

5-4-2 Notice of Argument.

5-4-3 Order and Content of Argument.

5-4-4 Non-appearance of Parties.

5-5 JUDGMENT

5-5-1 Entry of Judgment.

5-5-2 Interest on Judgments.

5-5-3 Damages for Delay.

5-5-4 To Whom Costs Allowed.

5-5-5 Cost For or Against the Tribe.

5-5-6 Voluntary Dismissal.

5-6 ATTORNEY AND LAY ADVOCATE RULES

5-6-1 Members of the Bar.

5-6-2 Appearance of Counsel.

5-6-3 Courtroom Decorum.

5-6-4 Free Press-Fair Trial.

5-6-5 Representation of Indigent Defendants.

OATH

Title 6. Juvenile Procedure

6-1 GENERAL PROVISIONS

6-1-1 Establishment.

6-1-2 Purpose.

6-1-3 Definitions.

6-1-4 Jurisdiction.

6-1-5 Place of Sitting.

6-1-6 Transfers Between Courts.

6-1-7 Transfer Criteria.

6-1-8 Records Transfer.

6-1-9 Notice of Legal Rights.

6-1-10 Procedure.

6-1-11 Hearings.

6-1-12 Social Study and Other Reports.

6-1-13 Rules of Evidence.

6-1-14 Effect of Proceedings.

6-1-15 Inspection of Court Records.

6-1-16 Sealed Records.

6-1-17 Appeals.

6-2 EMERGENCY CUSTODY

6-2-1 Emergency Custody.

6-2-2 Notification of Parents.

6-2-3 Release of Detained Child.

6-2-4 Notification of Court.

6-2-5 Shelter

6-2-6 Court Ordered Medical Treatment.

6-3 ADJUDICATION

6-3-1 Court Intake.

6-3-2 Petition Contents.

6-3-3 Summons.

6-3-4 Service of Summons.

6-3-5 Failure to Appear.

6-3-6 Appointment of Guardian Ad Litem.

6-3-7 Adjudicatory Hearing.

6-3-8 Dismissal of Petition.

6-3-9 Sustaining Petition.

6-3-10 Temporary Orders.

6-4 DISPOSITION

6-4-1 Dispositional Hearing.

6-4-2 Reports.

6-4-3 Treatment Plan.

6-4-4 Continuance.

6-4-5 Order of Protection.

6-4-6 Types of Protection Order.

6-4-7 Placement Preferences.

6-4-8 Religious Preferences.

6-4-9 Disposition Decree.

6-4-10 Legal Custody-Guardianship.

6-4-11 Probation.

6-4-12 New Hearing Authorized.

6-4-13 Orders for Support.

6-4-14 Continuing Jurisdiction.

6-5 TERMINATION OF PARENTAL RIGHTS

6-5-1 Motion for Termination.

6-5-2 Appointment of Counsel.

6-5-3 Burden of Proof.

6-5-4 Grounds of Termination.

6-5-5 Abandonment.

6-5-6 Parental Unfitness.

6-5-7 Voluntary Termination.

6-5-8 Review Following Determination.

6-5-9 Effect of Termination.

6-5-10 Grandparents Rights.

6-6 ADOPTIONS

6-6-1 Jurisdiction Over Adoptions.

6-6-2 Purpose of Adoptions.

6-6-3 Eligibility to Adopt.

6-6-4 Consent to Adoption.

6-6-5 Consent of Child.

6-6-6 Petition.

6-6-7 Investigation.

6-6-8 Adoption Hearing.

6-6-9 Report and Final Decree of Adoption.

6-6-10 Contents of Adoption Order.

6-6-11 Effect of Final Decree.

6-6-12 Confidentiality.

6-6-13 Enrollment Matters.

6-6-14 Certificates of Adoption.

6-7 EMANCIPATION

6-7-1 Rights of Majority.

6-7-2 Petition Contents.

6-7-3 Notice.

6-7-4 Hearing.

Title 7. Family Relations

7-1 GENERAL

7-1-1 Recording.

7-1-2 Marital Status.

7-1-3 Traditional Adoptions.

7-1-4 Paternity.

7-2 DIVORCE

7-2-1 Jurisdiction.

7-2-2 Residency.

7-2-3 Grounds.

7-2-4 Petition.

7-2-5 Attachments.

7-2-6 Service.

7-2-7 Hearing.

7-2-8 Care and Custody of Children.

7-2-9 Preference of Child.

7-2-10 Restoration of Wife’s Maiden Name.

7-2-11 Effect of Divorce.

7-3 SEPARATION OF PROPERTY AND DEBTS

7-3-1 Property Defined.

7-3-2 Separate Property Defined.

7-3-3 Separate Debts.

7-3-4 Sale/Transfer of Community Real Property.

7-3-5 Community Personal Property.

7-3-6 Court Ordered Payments.

Title 8. Probate

8-1 GENERAL

8-1-1 Jurisdiction.

8-1-2 Procedure.

8-1-3 Petition.

8-1-4 Administrator.

8-1-5 Notice to Creditors.

8-1-6 Inventory and Appraisal.

8-1-7 Claims of Creditors.

8-1-8 Priority of Claims.

8-1-9 Allowance.

8-1-10 Payment of Claims.

8-1-11 Sale of Personal Property.

8-1-12 Exempt Property.

8-1-13 Final Settlement.

8-1-14 Dispute Concerning Heirship.

8-1-15 Final Decree.

8-1-16 Devolution of Estate at Death.

8-1-17 Escheat.

8-2 ESTATE MATTERS

8-2-1 Notice.

8-2-2 Proof of Will.

8-2-3 Further Proceedings.

8-2-4 Will Contest.

8-2-5 Record of Hearing.

8-3 LAND INTERESTS

8-3-1Land Interest Less than 5%.

Title 9. Environmental Protection

9-1 GENERAL PROVISION

9-1-1 Purpose.

9-1-2 Administration.

9-1-3 Effective Date.

9-1-4 Permits.

9-1-5 Definitions.

9-2 COMPLIANCE AND ENFORCEMENT PROCEDURES

9-2-1 Non-compliance.

9-2-2 Orders to Cease Activity.

9-2-3 Enforcement by United States.

9-3 REMEDIES AND PENALTIES

9-3-1 Remedies.

9-3-2 Civil Penalties.

9-4 REGULATIONS

9-4-1 Regulations.

9-5 ACTIVITIES

9-5-1 Scope.

9-5-2 Determination by the Tribal Council.

9-5-3 Statement to be Submitted.

9-6 OIL AND GAS ACTIVITIES

9-6-1 Purpose.

9-6-2 Scope.

9-6-3 Planning.

9-6-4 Plan of Development.

9-7 APPEALS AND SEVERABILITY

9-7-1 Appeals.

9-7-2 Severability.

Title 10. General Revenue and Taxation

10-1 PRAIRIE BAND POTAWATOMI TAX COMMISSION DESIGNATED AS TAXING AUTHORITY

10-1-1 Purpose.

10-1-2 Taxing Powers Vested in Tax Commission.

10-1-3 Seal.

10-1-4 General Taxing Powers of the Tax Commission.

10-1-5 Rulemaking Authority.

10-1-6 Forms.

10-1-7 Tax Stamps and Licenses.

10-1-8 Bookkeeping.

10-1-9 Tax Commission Employees and Expenses.

10-1-10 Bonds.

10-1-11 Records.

10-1-12 Treasury Account – Deposits.

10-1-13 Collection of Taxes.

10-1-14 Other Remedies.

10-1-15 Inventory of Seized Property.

10-1-16 Public Sale of Forfeited Property.

10-1-17 Exempt Property.

10-1-18 Administrative Appeals.

10-1-19 Limitations on Administrative Appeals.

10-1-20 Enrolling a Judgment.

10-1-21 Tax Lien.

10-1-22 Filing of a Tax Lien.

10-1-23 Release of Lien or Discharge of Property.

10-1-24 Compromise of Taxes.

10-1-25 Agreements for Payment of Tax Liability in Installments.

10-1-26 Banishment.

10-1-27 Cancellation of Leases upon Banishment.

10-1-28 Interest.

10-1-29 Penalty.

10-2 TRIBAL TOBACCO EXCISE TAX

10-2-1 Purpose.

10-2-2 Definitions.

10-2-3 Taxes Levied.

10-2-4 Wholesale Exceptions.

10-2-5 Impact of Tax.

10-2-6 Payment of Tax.

10-2-7 Ceremonial Tobacco.

10-2-8 Contraband.

10-2-9 Records.

10-2-10 Reports.

10-2-11 Wholesale and Retail Stock to Be Separate.

10-2-12 Tribal Tobacco Distributor Licensing.

10-2-13 Tribal Tobacco Distributor License.

10-2-14 Tribal Tobacco Retailer Licensing.

10-2-15 Tribal Tobacco Retailer License.

10-2-16 Failure to Comply with Licensing Requirements – Penalty.

10-2-17 Inspections.

10-2-18 Compact Compliance.

10-2-19 Compact Provisions.

10-2-20 Effective Date.

10-3 SALES TAX

10-3-1 Definitions.

10-3-2 Tax on Sales.

10-3-3 Reserved.

10-3-4 Impact of Tax.

10-3-5 Payment of Tax.

10-3-6 Records.

10-3-7 Sales by Retailers to the Nation and Its Members.

10-4 EARNINGS TAX

Reserved (Amended by PBP TC No. 2012-032, February 13, 2012

10-5 ECONOMIC DEVELOPMENT TAX

Reserved (Amended by PBP TC No. 2012-032, February 13, 2012)

10-6 MOTOR FUEL TAX

Reserved (Amended by PBP TC No. 2007-027, February 2, 2007)

10-7 FRANCHISE TAX

Reserved (Amended by PBP TC No. 2010-111, May 20, 2010.)

10-8 TRANSIENT GUEST TAX

10-8-1 Definitions.

10-8-2 Transient Guest Tax.

Title 11. Evidence

11-1 GENERAL PROVISIONS

11-1-1 Scope.

11-1-2 Purpose and Construction.

11-1-3 Ruling on Evidence.

11-1-4 Preliminary Questions.

11-1-5 Limited Admissibility.

11-1-6 Related Writings or Recorded Statements.

11-1-7 Judicial Notice of Adjudicative Facts.

11-1-8 Presumptions in Civil Actions.

11-2 RELEVANCY AND ITS LIMITS

11-2-1 Relevant Evidence.

11-2-2 Exclusion of Evidence.

11-2-3 Character Evidence.

11-2-4 Proving Character.

11-2-5 Habit or Routine.

11-2-6 Subsequent Remedial Measures.

11-2-7 Compromise and Offers to Compromise.

11-2-8 Payment of Medical and Similar Expenses.

11-2-9 Liability Insurance.

11-3 PRIVILEGES

11-3-1 Privileges Recognized.

11-3-2 Lawyer/Client Privilege.

11-3-3 Patient/Physician Privilege.

11-3-4 Husband and Wife Privilege.

11-3-5 Religious Privilege.

11-3-6 Trade Secrets.

11-3-7 Governmental/Official Privileges.

11-3-8 Waiver of Privilege.

11-4 WITNESSES

11-4-1 General Rule of Competency.

11-4-2 Lack of Personal Knowledge.

11-4-3 Oath or Affirmation.

11-4-4 Competency of Judge as Witness.

11-4-5 Competency of Jurors as Witness.

11-4-6 Who May Impeach.

11-4-7 Evidence of Character and Conduct of Witness.

11-4-8 Religious Beliefs or Opinions.

11-4-9 Presentation.

11-4-10 Writing Used to Refresh Memory.

11-4-11 Prior Statements of Witnesses.

11-4-12 Interrogation by Court.

11-4-13 Exclusion of Witnesses.

11-5 OPINIONS AND EXPERT TESTIMONY

11-5-1 Opinion Testimony by Lay Witnesses.

11-5-2 Testimony by Experts.

11-5-3 Basis of Opinion Testimony by Experts.

11-5-4 Opinion of Ultimate Issue.

11-5-5 Disclosure of Facts Underlying Expert Opinions.

11-5-6 Court Appointed Experts.

11-6 HEARSAY

11-6-1 Definitions.

11-6-2 Hearsay Rule.

11-6-3 Hearsay Exceptions; Declarant Available.

11-6-4 Hearsay Exceptions; Declarant Unavailable.

11-6-5 Hearsay Within Hearsay.

11-6-6 Credibility of Declarant.

11-7 AUTHENTICATION AND IDENTIFICATION

11-7-1 Requirements.

11-7-2 Self-authentication.

11-7-3 Subscribing Witness Testimony Unnecessary.

11-8 CONTENTS OF WRITING, RECORDINGS, AND PHOTOGRAPHS

11-8-1 Requirement of Original.

11-8-2 Admissibility of Duplicates.

11-8-3 Admissibility of Other Evidence of Contents.

11-8-4 Public Records.

11-8-5 Summaries.

11-8-6 Testimony or Written Admission of Party.

11-8-7 Functions of Court and Jury.

Title 12. Gaming

12-1 LEGISLATIVE FINDINGS, POLICY AND PURPOSE

12-1-1 Sovereign Powers and Responsibilities.

12-1-2 Federal Policy of Tribal Self-determination.

12-1-3 Potawatomi Tribal Policy of Self-Government.

12-1-4 Tribal Alcohol Rehabilitation Program.

12-1-5 Land Consolidation Program.

12-1-6 Tribal Need for Governmental Revenue and Additional Economic Development.

12-1-7 Tribal Gaming Policy.

12-1-8 Purposes of Title.

12-2 GENERAL PROVISIONS

12-2-1 Definitions.

12-2-2 Tribal Gaming Commission Account Established.

12-2-3 Allocation and Use of Gaming Revenue.

12-3 TRIBAL GAMING COMMISSION

12-3-1 Establishment.

12-3-2 Authority of the Commission.

12-3-3 Location and Place of Business.

12-3-4 Duration.

12-3-5 Attributes.

12-3-6 Recognition as a Political Subdivision of the Tribe.

12-3-7 Sovereign Immunity of the Tribal Commission.

12-3-8 Limited Waiver of Sovereign Immunity of the Tribal Commission.

12-3-9 Sovereign Immunity of the Tribe.

12-3-10 Credit of the Tribe.

12-3-11 Credit of the Tribal Commission.

12-3-12 Assets of the Tribal Commission.

12-3-13 Membership; Qualifications of Commissioners.

12-3-14 Term of Office.

12-3-15 Ex-Officio Members.

12-3-16 Meetings.

12-3-17 Organization

12-3-18 Removal of Members; Vacancies.

12-3-19 Conflict of Interest.

12-3-20 Powers of the Tribal Commission.

12-3-21 Annual Budget.

12-3-22 Tribal Commission Regulations.

12-3-23 Right of Entrance; Monthly Inspection.

12-3-24 Investigations.

12-3-25 Hearings; Examiner.

12-3-26 Appointment of Examiner; Power of Examiner.

12-3-27 Bank Account of Gaming Facility.

12-3-28 Quarterly Summary Report of Tribal Enterprise Managers’ Reports.

12-3-29 Designation of Agent to Accept Service.

12-4 CLASSES OF GAMING; AUTHORIZED GAMES

12-4-1 Classes of Gaming.

12-4-2 Authorized Games.

12-5 REGULATION OF GAMING

12-5-1 Applicability; Gaming Regulated.

12-5-2 Tribal Ownership of Class II and Class III Gaming.

12-6 GAMING LICENSES

12-6-1 Types of Licenses.

12-6-2 No License Requirement for Class I Gaming.

12-6-3 Application for Series A Gaming License.

12-6-4 Review Procedure for Series A Gaming License Application.

12-6-5 Criteria for Series A Gaming License.

12-6-6 Application for Series B Gaming License.

12-6-7 Review Procedure for Series B Gaming License Application.

12-6-8 Employment of Key Employee or Primary Management Official Prior to Issuance of Class C Gaming License.

12-6-9 Application for Series C Gaming License.

12-6-10 Review Procedure for Series C Gaming License Application.

12-6-11 Employment of Standard Gaming Employee Prior to Issuance of Class C Gaming License.

12-6-12 Application for Series D Gaming License.

12-6-13 Review Procedure for Series D Gaming License Application.

12-6-14 Vendor Licensing at the Casino Event Center and Hotel Expansion Project.

12-6-15 Gaming Licenses and Investigations of non-gaming employees.

12-6-16 Non-Gaming Vendors do not require Series D Gaming License.

12-7 PROVISIONS OF GENERAL APPLICABILITY TO ALL LICENSEES

12-7-1 Gaming License Application Fee.

12-7-2 Gaming License Tax.

12-7-3 Form and Display of Gaming License.

12-7-4 Terms of Gaming License.

12-7-5 Gaming License Renewal.

12-7-6 Scope of Gaming License.

12-7-7 Posting of Gaming Licensee.

12-7-8 Annual Report of Series A Licensee.

12-7-9 Procedure to Remedy Gaming License Violation.

12-7-10 Requirement of Producing Series B or C Gaming License Upon Request.

12-7-11 Temporary Suspension of Series B or C Gaming License.

12-7-12 Denial or Revocation of Series B or C Gaming License.

12-7-13 Temporary Suspension of Series D Gaming License.

12-7-14 Denial or Revocation of Series D Gaming License.

12-7-15 Gaming Licenses are Site-Specific.

12-7-16 Gaming Licenses are Not Transferable.

12-7-17 Gaming Licenses are Personal.

12-7-18 Title 12 and Regulations Available for Inspection.

12-7-19 Gaming Age Limitations.

12-7-20 Gaming Rules Available for Inspection

12-7-21 Renting or Lending Gaming Equipment.

12-7-22 Exchange of Pull-Tabs, Punchboards, Etc.

12-7-23 Permission Required for Making Gaming Equipment.

12-7-24 Full Value Required for Gaming Chips and Tokens.

12-7-25 Five-Year Retention of Gaming Records.

12-7-26 Facility Agreement Requirement.

12-7-27 Liquor Approval Requirement.

12-7-28 Cash Required for Gaming.

12-7-29 Form of Win or Loss Documentation.

12-7-30 Fee and Report Filing Requirement.

12-7-31 Response to Law Enforcement Agencies.

12-7-32 Facility Maintenance.

12-7-33 Security Requirement.

12-7-34 Cooperation with Tribal Law Enforcement Agency.

12-7-35 Inspection of Books and Records.

12-7-36 Determination of Class II Gaming Holidays.

12-7-37 Anti-Discrimination Requirement.

12-7-38 Compliance with Applicable Revenue Reporting Laws.

12-7-39 Violation of Tribal Law.

12-7-40 Drug Suspensions.

12-8 OPERATION OF GAMES

12-8-1 General Manager.

12-8-2 General Manager’s Monthly Report.

12-8-3 Form of Payment of Winnings.

12-8-4 Advice of Patron Complaint Process.

12-8-5 Liability Insurance.

12-8-6 Posting of Rules of Play.

12-8-7 Responsibility for Compliance with Applicable Law.

12-8-8 Audits.

12-8-9 Management Contracts-Generally.

12-8-10 Management Contracts-Required Provisions.

12-9 ENFORCEMENT

12-9-1 Criminal Enforcement.

12-9-2 Civil Enforcement.

12-9-3 Cross-Deputization Agreement.

12-9-4 Prohibited Acts.

12-9-5 Criminal Violation.

12-9-6 Civil Violation.

12-9-7 Cumulative Remedies.

12-9-8 Purpose of Civil Penalties.

12-9-9 Civil Action of Penalties.

12-9-10 Seizure of Property.

12-9-11 Reporting of Offenders.

12-9-12 Appeal of Final Tribal Commission Decisions to Tribal Court.

Title 13. Business Licensing

13-1 LEGISLATIVE FINDINGS AND PURPOSE

13-1-1 Sovereign Power to Regulate and License Business and Impose License Fees Therefore.

13-1-2 Purpose.

13-1-3 Definitions.

13-1-4 Administration of Title.

13-1-5 Administrative Action.

13-1-6 Agreements with Federal, State and Local Governments.

13-2 BUSINESS LICENSES

13-2-1 Applicability.

13-2-2 Application and Issuance.

13-2-3 Term of License.

13-2-4 Denial of License and Appeal.

13-2-5 Exemptions.

13-2-6 Classes of Licenses.

13-2-7 Conditions of License.

13-3 SANCTIONS

13-3-1 Revocation of License; Failure to Obtain License; Show Cause Hearing.

13-3-2 Civil Penalties and Restitution.

13-3-3 Removal and Exclusion of Non-Indians.

13-3-4 Other Remedies.

13-4 NON-PROFIT CORPORATIONS

13-4-1 Short Title.

13-4-2 Definitions.

13-4-3 Applicability.

13-4-4 Purpose.

13-4-5 General Powers.

13-4-6 Defense of Ultra Vires.

13-4-7 Corporate Name.

13-4-8 Registered Office and Registered Agent.

13-4-9 Registered Agent as an Agent for Service.

13-4-10 Members.

13-4-11 By-laws.

13-4-12 Meetings of Members.

13-4-13 Notice of Meeting to Members.

13-4-14 Voting.

13-4-15 Quorum.

13-4-16 Board of Directors.

13-4-17 Number, Election, Classification and Removal of Directors.

13-4-18 Vacancies.

13-4-19 Quorum of Directors.

13-4-20 Committees.

13-4-21 Place and Notice of Directors’ Meetings.

13-4-22 Officers.

13-4-23 Removal of Officers.

13-4-24 Books and Records.

13-4-25 Shares of Stock and Dividends Prohibited.

13-4-26 Loans to Directors and Officers Prohibited.

13-4-27 Incorporators.

13-4-28 Articles of Incorporation.

13-4-29 Filing of Articles Incorporation.

13-4-30 Effect of Issuance of Certificate of Incorporation.

13-4-31 Organization Meeting.

13-4-32 Right to Amend Articles of Incorporation.

13-4-33 Procedure to Amend Articles of Incorporation.

13-4-34 Articles of Amendment.

13-4-35 Filing of Articles of Amendment.

13-4-36 Effect of Certificate of Amendment.

13-4-37 Voluntary Dissolution.

13-4-38 Distribution of Assets.

13-4-39 Plan for Distribution.

13-4-40 Revocation of Involuntary Dissolution.

13-4-41 Articles of Dissolution.

13-4-42 Filing of Articles of Dissolution.

13-4-43 Involuntary Dissolution.

13-4-44 Jurisdiction of Court to Liquidate Assets and Affairs of Corporation.

13-4-45 Procedure in Liquidation of Corporation by Court.

13-4-46 Qualification of Receivers.

13-4-47 Filing of Claims in Liquidation Proceedings.

13-4-48 Discontinuance of Liquidation Proceedings.

13-4-49 Decree of Involuntary Dissolution.

13-4-50 Filing of Decree of Dissolution.

13-4-51 Deposits with Tribal Secretary.

13-4-52 Annual Report of Domestic and Foreign Corporations.

13-4-53 Filing of Annual Report of Corporation.

13-4-54 Penalties Imposed Upon Corporations.

13-4-55 Fees for Filing Documents and Issuing Certificates.

13-4-56 Certificates and Certified Copies to be Received in Evidence.

13-4-57 Forms to be Furnished by the Tribal Secretary.

13-4-58 Greater Voting Requirements.

13-4-59 Waiver of Notice.

13-4-60 Action by Members or Directors Without a Meeting.

13-4-61 Effect of Invalidity of Part of This Chapter.

Title 14. Exclusion

14-1 EXCLUSION

14-1-1 Authority.

14-1-2 Definition of Potawatomi Indian Land.

14-1-3 Who May be Excluded; Extent of Exclusion.

14-1-4 Grounds for Exclusion.

14-1-5 Complaint for Exclusion.

14-1-6 Notice to Proposed Exclusion.

14-1-7 Exclusion Hearing Before District Court.

14-1-8 Enforcement Proceedings.

14-1-9 Emergency Exclusion-Physical Removal.

14-1-10 Finality of Exclusion Order.

Title 15. Criminal Offenses

15-1 PRELIMINARY PROVISIONS

15-1-1 Preliminary Provisions

15-1-2 Arson in the First Degree.

15-1-3 Arson in the Second Degree.

15-1-4 Arson in the Third Degree.

15-1-5 Criminal Mischief.

15-1-6 to 15-1-9 Reserved.

15-1-10 Burglary.

15-1-11 Breaking and Entering.

15-1-12 Criminal Trespass.

15-1-13 to 15-1-19 Reserved.

15-1-20 Larceny.

15-1-21 Extortion.

15-1-22 False Pretenses.

15-1-23 Embezzlement.

15-1-24 Receiving Stolen Property.

15-1-25 Theft of Property Lost, Mislaid, or Delivered by Mistake.

15-1-26 Theft of Services.

15-1-27 Unauthorized Use of a Vehicle.

15-1-28 to 15-1-35 Reserved.

15-1-36 Forgery.

15-1-37 Criminal Simulation.

15-1-38 Fraudulent Handling of Recordable Instruments.

15-1-39 Tampering With Records.

15-1-40 Giving a worthless check.

15-1-41 Fraudulent Use of a Credit Card.

15-1-42 to 15-1-46 Reserved.

15-1-47 Deceptive Business Practices.

15-1-48 Defrauding Creditors.

15-1-49 Securing Execution of Documents by Deception.

15-1-50 Criminal Usury.

15-1-51 Unlawful Dealing with Property by a Fiduciary.

15-1-52 Making a False Credit Report.

15-2 CRIMES AGAINST PERSONS

15-2-1 Assault in the First Degree.

15-2-2 Assault in the Second Degree.

15-2-3 Mayhem.

15-2-4 Verbal or Written Assault.

15-2-5 Threats against Tribal Councilpersons, Tribal Gaming Commissioners and Tribal Judges.

15-2-6 Definitions; Child Abuse; Privileges Not Available; Penalties

15-2-7 to 15-2-10 Reserved.

15-2-11 Homicide in the First Degree.

15-2-12 Homicide in the Second Degree.

15-2-13 Causing a Suicide.

15-2-14 Aiding or Soliciting a Suicide.

15-2-15 Threats against Tribal Councilpersons, Tribal Gaming Commissioners and Tribal Judges.

15-2-16 to 15-2-20 Reserved.

15-2-21 Kidnapping.

15-2-22 False Imprisonment.

15-2-23 Custodial Interference.

15-2-24 Criminal Coercion.

15-2-25 to 15-2-30 Reserved.

15-2-31 Rape in the First Degree.

15-2-32 Rape in the Second Degree.

15-2-33 Deviate Sexual Intercourse.

15-2-34 Sexual Assault.

15-2-35 Domestic Violence.

15-2-36 Stalking.

15-2-37 Possession and/or Use of Alcoholic Beverage.

15-2-38 to 15-2-40 Reserved.

15-2-41 Robbery.

15-3 INCHOATE CRIMES

15-3-1 Attempt.

15-3-2 Criminal Conspiracy.

15-3-3 Solicitation.

15-4 CRIMES AGAINST PUBLIC JUSTICE

15-4-1 Bribery.

15-4-2 Improper Influence in Official Matters.

15-4-3 Retaliation for Past Official Action.

15-4-4 Improper Gifts to Public Servants.

15-4-5 Unofficial Misconduct.

15-4-6 Oppression in Office.

15-4-7 Misusing Public Money.

15-4-8 Perjury in the First Degree.

15-4-9 Perjury in the Second Degree.

15-4-10 Tampering With Witnesses.

15-4-11 Tampering with Evidence.

15-4-12 Tampering with Public Records.

15-4-13 Impersonating a Public Servant.

15-4-14 Obstructing Governmental Function.

15-4-15 to 15-4-25 Reserved.

15-4-26 False Arrest.

15-4-27 Refusing to Aid an Officer.

15-4-28 Obstructing Justice.

15-4-29 Providing Contraband.

15-4-30 Resisting Lawful Arrest.

15-4-31 Escape.

15-4-32 Bail Jumping.

15-4-33 Failure to Obey a Lawful Order of the Court.

15-4-34 Unlawful Return of Banished Persons.

15-4-35 Aiding Return of Banished Persons.

15-4-36 to 15-4-39 Reserved.

15-4-40 False Alarms.

15-4-41 Doing Business without a License.

15-4-42 Tampering with Public Property.

15-4-43 Injuring Public Property.

15-4-44 to 15-4-50 Reserved.

15-4-51 Compensation for Past Official Behavior.

15-4-52 Official Unlawful Action.

15-4-53 Special Influence.

15-5 CRIMES AGAINST PUBLIC HEALTH, SAFETY, AND WELFARE

15-5-1 Rioting.

15-5-2 Failure to Disperse.

15-5-3 Disorderly Conduct.

15-5-4 Harassment.

15-5-5 Public Nuisance.

15-5-6 Disrupting A Public or Religious Assembly.

15-5-7 Weapons Offense.

15-5-8 Aggravated Weapons Offense.

15-5-9 Dangerous Devices.

15-5-10 to 15-5-15 Reserved.

15-5-16 Desecration.

15-5-17 Littering.

15-5-18 to 15-5-25 Reserved.

15-5-26 Abusing a Corpse.

15-5-27 Prostitution.

15-5-28 Spreading Venereal Disease.

15-5-29 Obscenity.

15-5-30 to 15-5-35 Reserved.

15-5-36 Intoxication.

15-5-37 Possession and/or Use of an Alcoholic Beverage.

15-5-38 Tobacco Offense; Exceptions; Exceptions.

15-5-39 Abuse of Psychotoxic Chemical Solvents.

15-5-40 Dangerous Drug Offense.

15-5-41 to 15-5-50 Reserved.

15-5-51 Cruelty to Animals.

15-5-52 Livestock Offense.

15-5-53 to 15-5-60 Reserved.

15-5-61 False Reports.

15-5-62 Emergency Telephone Abuse.

15-5-63 Violation of Privacy.

15-5-64 Criminal Defamation.

15-5-65 Gambling.

15-5-66 Waters Offense.

15-5-67 Contributing To the Delinquency of a Minor.

15-5-68 Trafficking In Children.

15-5-69 Curfew Violation.

15-5-70 Fireworks Offense.

15-6 PUBLIC NUISANCES

15-6-1 Public Nuisance Defined; Maintaining a Public Nuisance.

15-6-2 Attempt; Conspiracy.

15-7 SEX OFFENDER REGISTRATION

15-7-1 Title and Purpose.

15-7-2 Need.

15-7-3 Creation of Prairie Band Potawatomi Nation Public Sex Offender Registry.

15-8 DEFINITIONS

15-8-1 Definitions.

15-9 REGISTERABLE OFFENSES

15-9-1 Registerable Offenses.

15-10 TIERING OF OFFENSES

15-10-1 Tier 1 Offenses.

15-10-2 Tier 2 Offenses.

15-10-3 Tier 3 Offenses.

15-11 REQUIRED INFORMATION

15-11-1 General Requirements.

15-11-2 Criminal History.

15-11-3 Date of Birth.

15-11-4 DNA Sample.

15-11-5 Driver’s Licenses, Identification Cards, Passports and Immigration Documents.

15-11-6 Employment Information.

15-11-7 Finger and Palm Prints.

15-11-8 Internet Identifiers.

15-11-9 Name.

15-11-10 Phone Numbers.

15-11-11 Picture.

15-11-12 Physical Description.

15-11-13 Professional Licensing Information.

15-11-14 Residence Address.

15-11-15 School.

15-11-16 Social Security Number.

15-11-17 Temporary Lodging.

15-11-18 International Travel.

15-11-19 Offense Information.

15-11-20 Vehicle Information.

15-11-21 Frequency, duration and reduction.

15-11-22 Requirements for In Person Appearances.

15-11-23 Sex Offender Acknowledgement Form.

15-12 REGISTRATION

15-12-1 Where Registration is Required.

15-12-2 Timing of Registration.

15-12-3 Retroactive Registration.

15-12-4 Keeping Registration Current.

15-12-5 Failure to Appear for Registration and Absconding.

15-12-6 Registration Fees.

15-13 PBP NATION SEX OFFENDER REGISTRY WEBSITE

15-13-1 Website.

15-13-2 Required and Prohibited Information.

15-13-3 Community Notification.

15-14 IMMUNITY

15-14-1 Immunity.

15-15 CRIMES AND CIVIL SANCTIONS

15-5-1 Criminal Penalty.

Title 16. Criminal Procedure

16-1 PRELIMINARY PROVISIONS

16-1-1 Scope, Purpose and Construction.

16-1-2 Prosecution of Offenses.

16-1-3 Rights of Defendant.

16-1-4 Limitation of Prosecution.

16-1-5 No Common Law Offenses.

16-2 PROCEEDINGS BEFORE TRIAL

16-2-1 The Complaint.

16-2-2 Arrest Warrant or Summons to Appear.

16-2-3 Criminal Citations.

16-2-4 Arraignment.

16-2-5 Commitments.

16-2-6 Joinder.

16-2-7 Pleas.

16-2-8 Withdrawing Guilty Plea.

16-2-9 Plea Bargaining.

16-2-10 Pleading and Motions before Trial: Defenses and Objections.

16-2-11 Concurrent Trial of Defendants or Charges.

16-2-12 Discovery and Inspection.

16-2-13 Subpoena.

16-3 TRIAL

16-3-1 Trial by Jury or by the Court.

16-3-2 Trial Jurors.

16-3-3 Order of Trial

16-3-4 Trial by Judicial Panel.

16-3-5 Judge Disability.

16-3-6 Evidence.

16-3-7 Expert Witnesses and Interpreters.

16-3-8 Motion for Judgment of Acquittal.

16-3-9 Instructions.

16-3-10 Verdict.

16-4 JUDGMENT AND SENTENCE

16-4-1 Judgment.

16-4-2 Sentence.

16-4-3 General Sentencing Provisions.

16-4-4 Sentence of Banishment.

16-4-5 New Trial.

16-4-6 Arrest of Judgment.

16-4-7 Correction or Reduction of Sentence.

16-4-8 Clerical Mistakes.

16-5 APPEAL

16-5-1 Right of Appeal; How Taken.

16-5-2 Stay of Judgment and Relief Pending Review.

16-6 OTHER PROVISIONS

16-6-1 Search and Seizure.

16-6-2 Arrest.

16-6-3 Arrest in Hot Pursuit.

16-6-4 Limitation on Arrests in the Home.

16-6-5 Notification of Rights.

16-6-6 Executive Order for Relief from Judgment.

16-7 BAIL

16-7-1 Release in Non-banishment Cases Prior to Trial.

16-7-2 Appeal from Conditions of Release.

16-7-3 Release in Banishment Cases or After Conviction.

16-7-4 Penalties for Failure to Appear.

16-7-5 Persons or Classes Prohibited as Bondsmen.

16-7-6 Authority to Act as Bail Bondsmen.

16-7-7 Incarceration Expenses.

16-8 TRIBAL PROSECUTOR

16-8-1 Tribal Prosecutor.

16-8-2 Appointment.

16-8-3 Qualifications.

16-8-4 Duties.

16-8-5 Removal from Office.

16-8-6 Special Responsibilities of Tribal Prosecutor.

Title 17. Motor Vehicle Code

17-1 GENERAL PURPOSE STATEMENT

17-1-1 Purpose.

17-2 DEFINITIONS

17-2-1 Definitions.

17-3 ARREST

17-3-1 Arresting Person for Violating Traffic Regulation; Duty of Officer Arresting.

17-4 COMPLAINT AND SUMMONS

17-4-1 Uniform Traffic Complaint and Summons.

17-4-2 Failure to appear; Hearing Upon Arrest Time; Promise of Defendant to Appear;

17-4-3 Offenses Under Which Person Arrested may not be Entitled to Release Upon Promise to Appear.

17-4-4 Display of Number Plates.

17-4-5 Driving Without a License.

17-4-6 Permitting an Unauthorized Minor to Drive.

17-4-7 Driving Without Required Registration or with Vehicle in Unsafe Condition.

17-4-8 Starting, Turning and Stopping without Regard to Safety.

17-4-9 Speeding; Driving Without Due Caution.

17-4-10 Radar Evidence in Speed Violations.

17-4-11 Garages to Report.

17-4-12 Reckless Driving.

17-4-13 Driving Or In Actual Physical Control While Under the Influence of Intoxication Liquors or Drugs.

17-4-14 Implied Consent to Determine Alcoholic Content of Blood.

17-4-15 Persons Qualified to Administer Tests.

17-4-16 Consent of Person Incapable of Refusal not Withdrawn.

17-4-17 Interpretation of Chemical Tests.

17-4-18 Failure to Drive on Right Side of Roadway.

17-4-19 Following too Closely.

17-4-20 Overtaking a Vehicle Without Regard to Safety.

17-4-21 Failure to Stop for School Bus Flashing Lights.

17-4-22 Failure to Give Right of Way.

17-4-23 Stopping, Standing or Parking on a Highway.

17-4-24 Stopping, Standing, or Parking Prohibited.

17-4-25 Obstruction to Driver’s View or Driving Mechanism.

17-4-26 Driving Without Liability Insurance Prohibited.

17-4-27 Riding on Fenders, Bumpers or Running Boards.

17-4-28 Pedestrians on Roadways without Regard for Safety.

17-4-29 Driving in Violation of an Order of the Court.

17-4-30 Duties in the Event of an Accident.

17-4-31 Law Officers to Report Accident.

17-4-32 Seat Belt Usage.

17-4-33 Crash Helmets and Eye-Protective Devices Required for Operators of and Passengers on Motorcycles, Snowmobiles, and All-terrain Vehicles.

17-4-34 Number of Riders on Motorcycles, All-terrain Vehicles and Snowmobiles Limited.

17-4-35 When Lighted Lamps are Required.

17-4-36 Visibility Distance and Mounted Height of Lamps.

17-4-37 Head Lamps on Motor Vehicles.

17-4-38 Tail Lamps.

17-4-39 Lamp or Flag on Projecting Load.

17-4-40 Brake Equipment Required.

17-4-41 Horns and Warning Devices, Mufflers, Prevention of Noise.

17-4-42 Mufflers, Prevention of Noise.

17-4-43 Mirrors.

17-4-44 Windshields must be Unobstructed and Equipped with Wipers.

17-4-45 Restrictions on Tire Equipment.

17-4-46 Vehicle to be Constructed to Prevent Sifting or Leaking Loads.

17-4-47 Registration Card to be Carried in Driver’s Compartment; Inspection of Card.

17-4-48 Special Lighting and Warning Equipment on School Buses.

17-4-49 Supervision of Students on School Buses.

17-4-50 Duty of Drivers upon Approach of Police or Fire Department Vehicle.

17-4-51 Fleeing or Attempting to Elude a Peace Officer.

17-4-52 Penalties not Otherwise Prescribed.

17-4-53 Statute of Limitations.

17-5 ADDITIONAL PROVISIONS

17-5-1 Tribal Court Enforcement Authority.

17-5-2 Public Nuisance.

17-5-3 Tribal Reciprocity with State of Kansas.

17-5-4 Garbage, Glass, etc. on Highways.

17-5-5 Open Bottle in Vehicle.

17-5-6 Handicap Zone.

17-5-7 Exhibition Driving and Drag Racing; Definitions; Penalty.

17-5-8 Emergency and Law Enforcement Vehicles.

17-5-9 Payment of Traffic Fines.

17-6 VEHICLES FOR HIRE

17-6-1 Taxicab, Definition and Licensing.

17-6-2 Furnishing of Approved Vehicles.

17-6-3 Cleaning of Vehicle.

17-6-4 Inspection.

17-6-5 Speed Limit.

17-6-6 Prohibited; Abusive Language, Alcohol, Drugs.

17-6-7 Compliance with Laws and regulations.

17-6-8 Drivers.

17-6-9 Liability Insurance.

17-6-10 Fares.

17-6-11 Fares in Advance.

17-6-12 Receipt to Passenger.

17-6-13 Shortest Route.

17-6-14 Displays.

17-6-15 Overloading Prohibited.

17-6-16 Lost Articles.

17-6-17 Temporary and Replacement Vehicles.

17-6-18 Trade Name and Insignias.

17-6-19 Ambulance.

17-6-20 Penalty.

17-7 REGULATION & REGISTRATION OF RECREATIONAL VEHICLES

17-7-1 Definitions.

17-7-2 Registration; General Requirements.

17-7-3 Operation of ATV’S and Snowmobiles.

17-7-4 Rules for Operation of All-terrain Vehicles and/or snowmobiles within the Prairie Band Potawatomi Jurisdiction.

17-7-5 Water Vessels.

17-7-6 Vessels – Prohibited Operations.

17-7-7 Collisions, Accidents and Casualties.

17-7-8 Water skis and Surfboards.

17-7-9 Regatta, Races, Marine Parades, Tournaments, Fishing Derbies or Exhibitions.

17-7-10 Civil Enforcement.

17-7-11 Owner’s Civil Liability.

17-8 (Repealed by PBP TC No. 99-35)

17-10 MOTOR VEHICLE REGISTRATION AND TITLES

17-10-1 Purpose.

17-10-2 Definitions.

17-10-3 Application; Process; Forms.

17-10-4 Grounds for Refusing Registration.

17-10-5 Vehicles Exempt from Registration.

17-10-6 30-day Permit; Temporary Registration Certificate.

17-10-7 Penalty for operating Unregistered of Improperly Registered Vehicle(s).

17-10-8 Removal of Registration.

17-10-9 Design, Procurement and Issuance of Registration Plates.

17-10-10 Display of Registration Plate.

17-10-11 Annual Registration Fees.

17-10-12 Refundable Fees.

17-10-13 Contents, Issuance and Display of Certificates of Registration; Issuance of Duplicate Certificate.

17-10-14 Fraudulent Application for Registration or License.

17-10-15 Improper Use of Registration.

17-10-16 False Evidence of Registration.

17-10-17 Suspension/Revocation of Registration.

17-10-18 When Certificate of Title Required.

17-10-19 Application for Certificate of Title.

17-10-20 Contents of Certificate of Title.

17-10-21 Grounds of refusing Issuance of Certificate of Title.

17-10-22 Lost, Stolen or Mutilated Certificates.

17-10-23 Titling Fees.

17-10-24 Transfer of Interest in a Vehicle.

17-10-25 When Registrar to Issue a New Certificate.

17-10-26 Perfection of Security Interests.

17-10-27 Duties on Creation of Security Interest.

17-10-28 Assignment of Security Interest.

17-10-29 Release of Security Interest.

17-10-30 Secured Party’s and Owner’s Duties.

17-10-31 Methods of Perfecting Exclusive.

17-10-32 Suspension or Revocation of Certificate.

17-10-33 Cancellation of Title or Registration.

17-10-34 Remedies for Holders of Security Interests.

17-10-35 Maintenance of Records.

17-10-36 Accurate and Updated Records.

17-10-37 Police Powers.

17-10-38 Enforcement.

17-10-39 Potawatomi Tribal Court.

17-10-40 Enforcement by Registrar.

17-10-41 Severability.

17-10-42 Limited Waiver of Sovereign Immunity.

17-10-43 Reservation of Right.

17-10-44 Revenue Distribution.

17-10-45 Band Attorney Obligations.

17-10-46 American Association of Motor Vehicle Administrators: Policy Positions.

17-10-47 Motor Vehicle Information.

17-10-48 Regulations.

17-11 SHAB-EH-NAY

17-11-1 Shab-eh-nay.

Title 18. Conservation Code

18-1 GENERAL

18-1-1 Title.

18-1-2 Authority.

18-1-3 Purpose.

18-1-4 Jurisdiction.

18-1-5 Effective Date.

18-1-6 Severability and Non-Liability.

18-1-7 Repeal of Inconsistent Tribal Ordinances.

18-2 DEFINITIONS

18-2-1 Definitions.

18-3 GENERAL PROVISIONS

18-3-1 Activity Closure.

18-3-2 Unlawful Take.

18-3-3 Title to Fish and Wildlife.

18-4 ADMINISTRATION AND SUPERVISION

18-4-1 Tribal Police Fish and Wildlife Division.

18-4-2 Environmental Protection Department Participation.

18-4-3 Prairie Band Potawatomi Tribal Police, Fish and Wildlife Division.

18-4-4 Collection of Permit Fees, Forfeitures, and Fines.

18-4-5 Cooperative and Reciprocal Agreements.

18-5 DUTIES OF TRIBAL POLICE FISH AND WILDLIFE OFFICERS

18-5-1 Duties of Tribal Police Fish and Wildlife Officers.

18-6 ENFORCEMENT

18-6-1 Enforcement by Tribal Police Fish and Wildlife Officers.

18-6-2 Search and Seizure, When Authorized.

18-6-3 Investigation and Citations.

18-6-4 Registration Information.

18-6-5 Penalties and Sanctions.

18-6-6 Forfeited Bond Schedule.

18-6-7 Parties to a Violation.

18-6-8 Harvesting After Revocation or Suspension.

18-7 GENERAL RULES AND REGULATIONS

18-7-1 Permits and Identification.

18-7-2 Wanton Waste of Fish and Wildlife.

18-7-3 Reserved.

18-7-4 Use of Poisons and Explosives.

18-7-5 Throwing Refuse in Water; Abandoning Automobiles, Boats or Other Vehicles.

18-7-6 Scientific Investigations.

18-7-7 Seasons.

18-7-8 Unlawful Possession of Fish and Wildlife.

18-7-9 Bag Limits; Possession Limits.

18-7-10 Shining Animals.

18-7-11 Duties on Accidental Shooting.

18-7-12 Failure to Report Hunting Accidents.

18-7-13 Hunter Education Requirement.

18-7-14 Age Restrictions.

18-7-15 Parental Obligation.

18-7-16 Hunting, Fishing, and Trapping While Intoxicated.

18-7-17 Resisting a Tribal Police Fish and Wildlife Officer.

18-7-18 False Impersonation of an Enforcement Officer.

18-7-19 General Restrictions on Hunting and Trapping.

18-7-20 Tampering with Equipment of Another.

18-7-21 Endangered and Threatened Species Protected.

18-7-22 Wildlife Refuge Established.

18-7-23 Unprotected Species.

18-7-24 Protected Species.

18-7-25 Tribal Member Sponsorship for Hunting, Fishing, Trapping or Wood Cutting on Tribal Owned Land.

18-7-26 Obtaining Permission.

18-8 BIG GAME HARVEST REGULATIONS

18-8-1 General Big Game Provision.

18-8-2 Tribal Member Hunting Season.

18-8-3 Number of Big Game Permits Available.

18-8-4 Big Game Permits/Tags.

18-8-5 Accomplishment of Big Game.

18-8-6 Senior Citizen and Disabled Permits.

18-8-7 Special Big Game Permits.

18-8-8 Reserved.

18-8-9 Permissible Methods.

18-8-10 Firearms Restrictions.

18-8-11 Bow/Cross Restrictions.

18-8-12 Group Deer Hunting.

18-8-13 Transportation.

18-8-14 Hunting on Certain Lands Prohibited.

18-8-15 Sale of Big Game and Big Game Parts.

18-8-16 Removal and Retention of Tags.

18-8-17 Deer Stands.

18-9 UPLAND GAME AND UPLAND GAME BIRDS

18-9-1 Tribal Member Hunting Season.

18-9-2 General Provisions.

18-9-3 Upland Game and Upland Game Bird Hunting Permits and Tags.

18-9-4 Accompaniment of Upland Game or Upland Game Bird.

18-9-5 Permissible Methods.

18-9-6 Firearm Restrictions.

18-9-7 Bow and Arrow Restrictions.

18-9-8 Falconry.

18-9-9 Transportation.

18-9-10 Hunting on Certain Lands Prohibited.

18-9-11 Sale of Upland Game or Upland Game Birds.

18-9-12 Use of Dogs.

18-9-13 Limits.

18-10 FURBEARERS

18-10-1 Tribal Member Hunting Season.

18-10-2 General Provisions.

18-10-3 Open and Closed Seasons.

18-10-4 Permits and Tags.

18-10-5 Furbearer Season.

18-10-6 Methods of Taking Furbearers.

18-10-7 Use of Traps.

18-10-8 Trapping Areas Prohibited.

18-10-9 Possession of Live Furbearers.

18-10-10 Use of Dogs.

18-10-11 Harvest of Depredating Animals.

18-10-12 Buying or Shipping of Furs or Pelts.

18-10-13 Records to Be Kept by Licensed Dealer.

18-10-14 Transportation of Furbearers.

18-11 MIGRATORY BIRDS

18-11-1 General Provisions

18-11-2 Open and Closed Seasons.

18-11-3 Firearms Restrictions.

18-11-4 Permits and Tags.

18-11-5 Hunting Seasons, Bag Limits and Shooting Hours.

18-11-6 Raptors, Bald and Golden Eagle, Other Protected Species.

18-11-7 Transportation.

18-11-8 Live Birds.

18-12 FISHING

18-12-1 Tribal Member Fishing Season.

18-12-2 General Provisions.

18-12-3 Open and Closed Seasons.

18-12-4 Fishing Permits and Tags.

18-12-5 Seasons, Creel Limits and Size Limits.

18-12-6 Trespass.

18-12-7 Hook and Line Limitations.

18-12-8 Bait.

18-12-9 Bait Wholesalers and Retailers License.

18-12-10 Commercial Sale of Fish.

18-12-11 Hoop Nets, Traps and Setlines.

18-12-12 Spearing.

18-12-13 Landing Aids.

18-12-14 Artificial Lights.

18-12-15 Interference.

18-12-16 Restrictions.

18-13 TIMBER HARVEST

18-13-1 Tribal Member Timber Harvest Season.

18-13-2 General Provisions.

18-13-3 Permits.

18-13-4 Responsibility and Liability.

18-14 SPECIAL PERMITS

18-14-1 General Provisions.

18-14-2 Permits.

18-15 PROCLAMATION HAS FORCE OF LAW

18-15-1 General Provisions.

18-15-2 Proclamation to Be Published.

18-16 DUTIES AND AUTHORITIES

18-16-1 Tribal Police Fish and Wildlife Officer Duties and Authorities.

18-17 INDIAN PREFERENCE

18-17-1 Indian Preference.

18-18 SHAB-EH-NAY

18-18-1 Shab-eh-nay.

Title 19. Zoning and Subdivision Regulations

19-1

19-1-1 Purpose and Intent.

19-1-2 Authority.

19-1-3 Jurisdiction.

19-1-4 Notice to Other Governments.

19-1-5 Rules of Interpretation.

19-1-6 Rules of Construction.

19-1-7 Existing Uses.

19-2 ZONING DISTRICT REGULATIONS.

19-2-1 District Boundaries.

19-2-2 Rules for Interpretation of District Boundaries.

19-2-3 Zoning of Rights-of-Way.

19-2-4 Application of Regulations.

19-3 ZONING DISTRICTS

19-3-1 H-P Habitat Protection District.

19-3-2 A-P (40) Agriculture Protection District (40 acres).

19-3-3 A-P (20) Agriculture Protection District (20 acres).

19-3-4 R-5 Five Acre Rural Residential District.

19-3-5 R-S Rural Residential Subdivision District.

19-3-6 P-D Planned Development District

19-3-7 B-I: Breach Impact District.

19-4 REGULATIONS FOR SIGNS, PARKING AND LOADING, LANDSCAPING, AND TRAFFIC

19-4-1 Sign Regulations.

19-4-2 Parking and Loading Regulations.

19-4-3 Landscaping Requirements.

19-4-4 Traffic Regulations.

19-5 SUPPLEMENTARY DISTRICT REGULATIONS.

19-5-1 Qualifications and Supplementations to District Regulations.

19-5-2 Family Homestead and Family Farm Exemptions.

19-6 NONCONFORMING LOTS, BUILDINGS, AND USES.

19-6-1 Nonconforming Lots, Buildings, and Uses Which May Be Continued:

19-6-2 Nonconforming Lots, Buildings, and Uses Which May Not Be Continued:

19-7 ENFORCEMENT, VIOLATION, AND PENALTY

19-7-1 Enforcement.

19-7-2 Land Use Permit Required.

19-7-3 Application Requirements.

19-7-4 Violation and Penalty.

19-8 BOARD OF ZONING APPEALS

19-8-1 General Structure and Operation.

19-8-2 Public Hearing and Notice.

19-8-3 Powers and Jurisdiction.

19-8-4 Procedure.

19-8-5 Variances to This Zoning Resolution.

19-8-6 Exceptions to This Zoning Resolution.

19-8-7 Performance.

19-9 AMENDMENTS.

19-9-1Application.

19-9-2 Filing Fee.

19-9-3 Public Hearing and Notice.

19-9-4 Zoning Classifications of Lesser Change.

19-9-5 Protest.

19-9-6 Planning Commission General Structure and Operation.

19-9-7 Annual Review.

19-9-8 Administration.

19-9-9 Appeals to Tribal Court.

19-10 SUBDIVISION REGULATIONS.

19-10-1 General Provisions.

19-10-2 Plat Approvals, Vacation Procedure, Vesting of Development Rights

19-10-3 Application Procedure and Approval Process.

19-10-4 Documentation Required For Preliminary And Final Plats.

19-10-5 Minimum Design Standards.

19-10-6 Dedication or Reservation of Public Sites and Open Spaces.

19-10-7 Required Improvements.

19-10-8 Lot Split Procedure.

19-10-9 Appeals and Variances.

19-11 DEFINITIONS

19-11-1 Definitions.

19-12 MISCELLANEOUS

19-12-1 Validity and Severability.

19-12-2 Effective Date.

19-13 SHAB-EH-NAY

19-13-1 Shab-eh-nay.

Title 20. Miscellaneous Provisions

20-2 ANIMAL CONTROL AND REGULATION

20-2-1 Definitions.

20-2-2 Animal Control Officer, Duty to Impound, Citation Alternative.

20-2-3 Capture and Destruction.

20-2-4 Right of Entry, Unlawful Interference.

20-2-5 Noisy Animals.

20-2-6 Nuisance, Animal Activities Prohibited.

20-2-7 Death of Dogs.

20-2-8 Vicious Dogs.

20-2-9 Running at Large.

20-2-10 Impoundment of Rabies Suspects.

20-2-11 Animals Bitten by Rabid Animals.

20-2-12 Registration and Vaccination Required, Fee.

20-2-13 Dog Tags.

20-2-14 Evidence of Vaccination.

20-2-15 Visiting Dogs.

20-2-16 Running at Large, Fine, Hunting Dogs.

20-2-17 Impoundment, Record, Notice, Redemption, and Minimum Fee.

20-2-18 Disposition of Unclaimed Dogs.

20-2-19 Confinement of Dogs in Heat.

20-2-20 Muzzling.

20-2-21 Pit Bull Dogs, Rottweiller Dogs, Doberman Pincher Dogs.

20-2-22 Leash and Muzzle.

20-2-23 Confinement.

20-2-24 Confinement Indoors.

20-2-25 Signs.

20-2-26 Reporting Requirements.

20-2-27 Irrebutable Presumptions.

20-2-28 Failure to Comply.

20-2-29 Violations and Penalties.

20-2-30 Exceptions.

20-3 EVICTION CODE

20-3-1 Preamble.

20-3-2 General Provisions.

20-3-3 Rights, Obligations and Remedies of Landlords.

20-3-4 Rights, Obligations and Remedies of Tenants

20-3-5 Procedures.

20-3-6 Court Procedures.

20-4 SHAB-EH-NAY

20-4-1 Shab-eh-nay.

20-5 TRIBAL CASINO OCCUPATIONAL INJURY CODE

20-5-1 Forward.

20-5-2 Acknowledgment of Program and Notice to Employees.

20-5-3 Administration of Program.

20-5-4 Definitions.

20-5-5 Schedule of Benefits.

20-5-6 Procedures for Disputed Claims.

20-5-7 Experts.

20-5-8 Worker Appeal Committee Membership.

20-5-9 Liability of Third Person to Injured Employee; Subrogation Powers.

20-6 REGULATIONS FOR DROP-IN PROGRAMS SERVING SCHOOL AGE CHILDREN AND YOUTH

20-6-1 Definitions.

20-6-2 Licensure; application; renewal.

20-6-3 Inspections; investigations.

20-6-4 Recordkeeping.

20-6-5 Attendance policy; supervision.

20-6-6 Criminal history and child abuse registry background check.

20-7 ATHLETIC COMMISSION

20-7-1 Authority.

20-7-2 Purpose.

20-7-3 Membership and Term of Membership of Commission.

20-7-4 Commission Qualifications.

20-7-5 Conflict of Interest.

20-7-6 Budget; Staff

20-7-7 Athletic Tax.

20-7-8 Athletic Fund.

20-7-9 Licenses; Conditions of Issuance.

20-7-10 Mandatory Medical Suspensions. Medically Retired Persons.

20-7-11 Prohibition of Prize Fights

20-7-12 Complaints against licensees; refusal to issue license; grounds.

20-7-13 Liability Insurance.

20-7-14 Bout Contracts Required.

20-8 MORTGAGE LENDING ACT 50 GENERAL PROVISIONS

20-8-1 Purpose

20-8-2 Scope.

20-8-3 Definitions.

20-8-4 Right of Access.

20-8-5 Mortgages of Leasehold Interests in Tribal Trust Land.

20-8-6 Recording of Mortgages by the County Clerk and the Bureau of Indian Affairs.

20-8-7 Recording of Mortgages by Tribal Recording Clerk.

20-8-8 Priority of Liens.

20-8-9 Procedure for Assignment.

20-8-10 Designation of Receiver.

20-8-11 Jurisdiction.

20-8-12 Satisfaction of Conditions Prior to Commencing Foreclosure.

20-8-13 Complaint.

20-8-14 Service of Process.

20-8-15 Receiver: Appointment, Duties and Responsibilities

20-8-16 Judgment and Remedy.

20-8-17 Rights of the Mortgagee.

20-8-18 Enforcement of Writ of Restitution.

20-8-19 No Merger of Estates.

20-8-20 Right of Nation, as Lessor, to Notice and Right to Intervene

Title 21. Solid Waste, Environmental/Sanitation & Building Codes

21-1 SOLID WASTE MANAGEMENT CODE

21-1-1 Solid Waste Management.

21-1-2 Planning and Environmental Protection Department.

21-1-3 Solid Waste Management Plan and Consideration.

21-1-4 Solid Waste Collection.

21-1-5 Permit and Inspection Program.

21-1-7 Definitions.

21-1-8 Validity and Severability.

21-1-9 Effective Date.

21-2 ENVIRONMENTAL/SANITATION CODE

21-2-1 Authority and Policy.

21-2-2 Definitions.

21-2-3 Administrative Powers and Procedures.

21-2-4 Wastewater and Disposal.

21-2-5 Applicability.

21-2-6 Definitions.

21-2-7 Sanitary Services.

21-2-8 Water Supplies.

21-2-9 Compliance Required.

21-2-10 Definitions.

21-2-11 Requirements for Semi-Public Water Supplies.

21-2-12 Requirements for Private Water Supplies.

21-2-13 Minimum Standards for All Ground Water Supplies.

21-2-14 Requirements for Subdivision Development.

21-2-15 Requirements for Food and Food Handling.

21-3 BUILDING CODE

21-3-1 Title, Authority, Purpose, Amendment, and Scope.

21-3-2 Unsafe Buildings or Structures.

21-3-3 Violations.

21-3-4 Organization and Enforcement.

21-3-5 Board of Appeals.

21-3-6 Permits.

21-3-7 Fees.

21-3-8 Inspection.

21-3-9 Certificate of Occupancy.

21-4 STORM WATER

21-4-1 Purpose and Intent.

21-4-2 Minimum Standards for Storm water Management

21-5 SHAB-EH-NAY

21-5-1 Shab-eh-nay.

Title 22. Employment Code

22-1 GENERAL PROVISIONS

22-1-1 Title.

22-1-2 Preamble.

22-1-3 Interpretation and Application.

22-1-4 Jurisdiction.

22-1-5 Definitions.

22-1-6 Sovereign Immunity.

22-1-7 Severability.

22-2 EMPLOYMENT ADMINISTRATION

22-2-1 Administration and Personnel Policies.

22-2-2 Tribal Council Approval of Tribal Government Employment.

22-2-3 Tier 1 and Tier 2 Employment.

22-2-4 Preference.

22-2-5 Administrative Review of Denial of Preference.

22-2-6 Retaliation.

22-3 LABOR ORGANIZATIONS PROHIBITED

22-3-1 Labor Organizations Are Prohibited.

22-3-2 Additional Violations of This Code.

22-4 EMPLOYMENT DISPUTES TRIBUNAL

22-4-1 Employment Disputes Tribunal – Establishment.

22-4-2 Purpose.

22-4-3 Definitions.

22-4-4 Scope of Jurisdiction.

22-4-5 Appointment and Removal of Magistrates.

22-4-6 Duties and Responsibilities.

22-4-7 Procedure.

Title 23. Eminent Domain

23-1 NECESSITY OF EMINENT DOMAIN

23-1-1 Power to Condemn.

23-1-2 Definitions.

23-1-3 Purposes for which Eminent Domain may be exercised.

23-1-4 Property subject to Condemnation.

23-1-5 Prerequisites to Taking Property by Condemnation.

23-2 PROCEDURES FOR CONDEMNATION.

23-2-1 Necessity Established by Tribal Council

23-2-2 Right to Enter and Survey Property.

23-2-3 Filing Petition.

23-2-4 Finding of Necessity; Order Appointing Appraisers; Duties; Appeals.

23-2-5 Appraisers’ Oath, Instructions, Reports and Notification to Nation; Notice to Interested Persons by Nation; Fees and Expenses.

23-2-6 Compensation Required for Taking And Damage.

23-2-7 View of Lands by Appraisers and Filing of Report.

23-2-8 Payment of Award and Vesting of Rights; Abandonment.

23-2-9 Appeal from Award; Notice to Parties Affected.

23-2-10 Trial on Appeal; Attorney Fees.

23-2-11 Appeal from Award; Notice; Withdrawal of Payment.

23-2-12 Final Judgment on Appeal.

23-2-13 Dispute as to Division of Award or Judgment.

Title 24. Business Corporation Code

24-1 GENERAL

24-1-1 Citation.

24-1-2 Definitions.

24-2 APPLICATION

24-2-1 Reservation of Right.

24-2-2 Corporations Wholly Owned by the Nation.

24-2-3 Sovereign Immunity of the Nation Not Waived.

24-2-4 Organized Under Constitution and Laws of Nation.

24-3 INCORPORATION; ARTICLES

24-3-1 Purposes.

24-3-2 Incorporators.

24-3-3

24-3-4 Corporate Name.

24-3-5 Reserved Name.

24-3-6 Registered Office; Registered Agent.

24-3-7 Change of Registered Office or Registered Agent; Change of Name of Registered Agent.

24-3-8 Amendment of Articles.

24-3-9 Procedure for Amendment Before Issuance of Shares.

24-3-10 Procedure for Amendment After Issuance of Shares.

24-3-11 Class or Series Voting on Amendments.

24-3-12 Articles of Amendment.

24-3-13 Effect of Amendment.

24-3-14 Filing Articles.

24-3-15 Effective date of articles.

24-3-16 Presumption; certificate of incorporation.

24-4 POWERS

24-4-1 Powers.

24-4-2 Corporate seal.

24-4-3 Effect of Lack of Power; Ultra Vires.

24-5 ORGANIZATION; BYLAWS

24-5-1 Organization.

24-5-2 Bylaws.

24-6 BOARD

24-6-1 Board.

24-6-2 Number.

24-6-3 Qualifications; Election.

24-6-4 Terms.

24-6-5 Acts Not Void or Voidable.

24-6-6 Compensation.

24-6-7 Classification of Directors.

24-6-8 Cumulative Voting for Directors.

24-6-9 Resignation.

24-6-10 Removal of Directors.

24-6-11 Vacancies.

24-6-12 Board Meetings.

24-6-13 Absent directors.

24-6-14 Quorum.

24-6-15 Act of the Board.

24-6-16 Action Without Meeting.

24-6-17 Committees.

24-6-18 Standard of Conduct.

24-6-19 Director conflicts of interest.

24-7 OFFICERS

24-7-1 Officers Required.

24-7-2 Duties of Required Officers.

24-7-3 Other Officers.

24-7-4 Multiple Offices.

24-7-5 Officers Deemed Elected.

24-7-6 Contract Rights.

24-7-7 Resignation; Removal; Vacancies.

24-7-8 Delegation.

24-7-9 Standard of conduct.

24-8 SHARES; SHAREHOLDERS

24-8-1 Authorized shares.

24-8-2 Share Dividends, Divisions, and Combinations.

24-8-3 Subscriptions for Shares.

24-8-4 Consideration for shares; value and payment; liability.

24-8-5 Preemptive rights.

24-8-6 Share certificates; issuance and contents; Uncertificated Shares.

24-8-7 Lost share Certificates; Replacement.

24-8-8 Fractional Shares.

24-8-9 Liability of Subscribers and Shareholders with Respect to Shares.

24-8.10 Restriction on Transfer or Registration of Securities. 41

24-8-11 Regular Meetings of Shareholders.

24-8-12 Special Meetings of Shareholders.

24-8-13 Notice.

24-8-14 Electronic Communications.

24-8-15 Act of the Shareholders.

24-8-16 Action Without a Meeting.

24-8-17 Quorum.

24-8-18 Voting Rights.

24-8-19 Voting of shares by organizations and legal representatives.

24-8-20 Proxies.

24-8-21 Voting Trusts.

24-8-22 Shareholder Voting Agreements.

24-8-23 Shareholder Control Agreements.

24-8-24 Books and Records; Inspection.

24-8-25 Financial statements.

24-8-26 Equitable remedies.

24-8-27 Rights of dissenting shareholders.

24-8-28 Procedures for Asserting Dissenter’s Rights.

24-9 LOANS; OBLIGATIONS; DISTRIBUTIONS

24-9-1 Loans; Guarantees; Suretyship.

24-9-2 Advances.

24-9-3 Indemnification.

24-9-4 Distributions.

24-9-5 Powers to Acquire Shares.

24-9-6 Liability of Shareholders for Illegal Distributions.

24-9-7 Liability of Directors for Illegal Distributions.

24-10 MERGER, EXCHANGE, TRANSFER

24-10-1 Merger, Exchange, Transfer.

24-10-2 Plan of Merger or Exchange.

24-10-3 Plan Approval.

24-10-4 Articles of Merger or Exchange; Certificate.

24-10-5 Merger of Subsidiary.

24-10-6 Abandonment.

24-10-7 Effective Date of Merger or Exchange; Effect.

24-10-8 Merger or exchange with foreign corporation.

24-10-9 Transfer of Assets; When Permitted.

24-11 DISSOLUTION

24-11-1 Methods of dissolution.

24-11-2 Voluntary dissolution by incorporators.

24-11-3 Voluntary dissolution by shareholders.

24-11-4 Filing notice of intent to dissolve; effect.

24-11-5 Dissolution procedure for corporations that give notice to creditors and claimants.

24-11-6 Dissolution Procedure for Corporations that Do Not Give Notice.

24-11-7 Revocation of dissolution proceedings.

24-11-8 Effective date of dissolution; certificate.

24-11-9 Supervised Voluntary Dissolution.

24-11-10 Judicial Intervention; Equitable Remedies or Dissolution.

24-11-11 Procedure in Involuntary or Supervised Voluntary Dissolution.

24-11-12 Qualifications of Receivers; Powers.

24-11-13 Action by Tribal Secretary.

24-11-14 Filing claims in proceedings to dissolve.

24-11-15 Discontinuance of dissolution proceedings.

24-11-16 Decree of Dissolution.

24-11-17 Filing Decree.

24-11-18 Deposit with Tribal Finance Department of Amount Due Certain Shareholders.

24-11-19 Claims Barred; Exceptions.

24-11-20 Right to Sue or Defend After Dissolution.

24-11-21 Omitted Assets.

24-12 EXTENSION

24-12-1 Extension after duration expired.

24-12-2 Effect of extension.

24-13 CORPORATE REGISTRATION

24-13-1 Information required.

24-14 ACTIONS AGAINST CORPORATIONS

24-14-1 Service of process on corporation.

24-14-2 Tribal Court Action; remedies and penalties.

24-15 CORPORATIONS WHOLLY OWNED BY THE NATION

24-15-1 Scope.

24-15-2 Application.

24-15-3 Special Powers, Privileges and Immunities of Corporations Wholly Owned by the Nation.

24-15-4 Board.

24-15-5 Shares in Corporations Wholly Owned by the Nation; Shareholders; Voting.

24-15-6 Liability of Nation as Shareholder.

24-15-7 Shareholder Meetings.

24-15-8 Assets; Distribution of Income.

24-15-9 Voluntary dissolution; Tribal Council.

24-16 EFFECTIVE DATE AND AUTHORITY

24-16-1 Severability; Effect of Invalidity of Part of this Code.

24-16-2 Effective Date.

24-16-3 Authority.

24-16-4 No Impairment of Contracts.

24-16-5 Fees for Filing Documents and Issuing Certificates.

24-16-6 Certificates and Certified Copies to be Received in Evidence

24-16-7 Forms to be Furnished by the Tribal Secretary.

24-16-8 Franchise Taxes Payable by Tribal Corporation.

24-16-9 Repealer.

Title 25. Limited Liability Company Code

25-1 GENERAL PROVISIONS

25-1-1 Short Title.

25-1-2 Purposes; Sovereign Immunity.

25-1-3 Scope.

25-1-4 Applicable Law.

25-1-5 Definitions.

25-1-6 Name.

25-1-7 Registered Office and Registered Agent.

25-1-8 Nation as Owner.

25-1-9 Nature of Business.

25-1-10 Execution of Documents.

25-1-11 Filing.

25-1-12 Certificate of Status.

25-1-13 Execution by Judicial Act.

25-1-14 Interstate Application.

25-2 OPERATING AGREEMENT AND DEALING WITH LLC

25-2-1 Articles of Organization.

25-2-2 Agency Power of Owners and Managers.

25-2-3 Admissions of Owners and Managers.

25-2-4 Knowledge of or Notice to Owner or Manager.

25-2-5 Liability of Owners to Third Parties.

25-2-6 Parties to Action.

25-2-7 Authority to Sue.

25-3 OWNERS AND MANAGERS

25-3-1 Management.

25-3-2 Duties.

25-3-3 Limitation of Liability and Indemnification.

25-3-4 Voting.

25-3-5 Records and Information.

25-3-6 Admission of Owners.

25-3-7 Dissociation.

25-4 FINANCE

25-4-1 Contributions.

25-4-2 Liability for Contribution.

25-4-3 Allocation of Profits and Losses.

25-5 NON-LIQUIDATING DISTRIBUTIONS

25-5-1 Interim Distributions.

25-5-2 Allocation of Distributions.

25-5-3 Distribution Upon Partial Redemption.

25-5-4 Distribution Upon Dissociation.

25-5-5 Distribution in Kind.

25-5-6 Right to Distribution.

25-5-7 Limitations of Distributions.

25-5-8 Liability for Wrongful Distribution.

25-6 OWNERSHIP AND TRANSFER OF PROPERTY

25-6-1 Ownership of LLC Property.

25-6-2 Transfer of Property.

25-6-3 Nature of Interest.

25-6-4 Assignment of LLC Interest.

25-6-5 Rights of Judgment Creditor.

25-6-6 Right of Assignee to Become an Owner.

25-6-7 Powers of Legal Representative.

25-7 DISSOLUTION

25-7-1 Dissolution.

25-7-2 Judicial Dissolution.

25-7-3 Winding Up.

25-7-4 Distribution of Assets.

25-7-5 Articles of Dissolution.

25-7-6 Known Claims Against Dissolved LLC.

25-7-7 Unknown or Contingent Claims.

25-8 MERGER

25-8-1 Definitions.

25-8-2 Merger.

25-8-3 Approval of Merger.

25-8-4 Plan of Merger.

25-8-5 Articles of Merger.

25-8-6 Effects of Merger.

25-8-7 Right to Object.

25-9 LIMITED LIABILITY COMPANIES WHOLLY-OWNED BY THE NATION

25-9-1 General Provisions for Tribally-Owned LLC’s

25-9-2 Special Formation Requirements For Tribally-Owned LLC’S

25-9-3 Management of Tribally Owned LLC’s.

25-9-4 Decisions and Voting for Tribally-Owned LLC’s

25-9-5 Distributions for Tribally-Owned LLC’s

25-9-6 Additional Reports and Audits

25-9-7 Actions Against Tribally-Owned LLC’s

25-10 EFFECTIVE DATE AND AUTHORITY

25-10-1 Severability; Effect of Invalidity of Part of this Code.

25-10-2 Effective Date.

25-10-3 Authority.

25-10-4 No Impairment of Contracts.

25-10-5 Fees for Filing Documents and Issuing Certificates.

25-10-6 Certificates and Certified Copies to be Received in Evidence.

25-10-7 Forms to be Furnished by the Tribal Secretary.

25-10-8 Franchise Taxes Established by Title 10.

Title 26. Child Support

26-1 GENERAL PROVISIONS

26-1-1 Title.

26-1-2 Authority.

26-1-3 Purpose.

26-1-4 Construction, Uniformity and Interpretation, Severability.

26-1-5 Definitions.

26-1-6 Designation of the Prairie Band Potawatomi Nation Child Support Services Program as a Title IV-D Program.

26-1-7 Powers and Duties of the CSS

26-1-8 Services.

26-1-9 Eligibility, Assignment, Priority.

26-1-10 Application Fee.

26-1-11 Intergovernmental Procedures, Full Faith and Credit.

26-1-12 Confidentiality of Records.

26-1-13 Attorneys.

26-1-14 Locating Parents.

26-1-15 Financial Disclosure.

26-1-16 Applicant Cooperation.

26-1-17 Reasonable Costs.

26-1-18 Overpayment.

26-2 JURISDICTION, CIVIL PROCEDURE, FULL FAITH AND CREDIT, SOVEREIGN IMMUNITY

26-2-1 Jurisdiction.

26-2-2 Transfer.

26-2-3 Venue.

26-2-4 Civil Procedure.

26-2-5 Filing Fees.

26-2-6 Full Faith and Credit.

26-2-7 Sovereign Immunity.

26-3 PATERNITY AND GENETIC TESTING

26-3-1 General.

26-3-2 No Effect on Tribal Enrollment.

26-3-3 Parent-Child Relationship.

26-3-4 Rights Valid until Terminated.

26-3-5 Presumption of Paternity – Marriage.

26-3-6 No Discrimination Based on Marital Status.

26-3-7 Voluntary Acknowledgment of Paternity.

26-3-8 Denial of Paternity.

26-3-9 Rules for Acknowledgment and Denial of Paternity.

26-3-10 Proceedings for Rescission, Rescission by Minor.

26-3-11 Challenges after Expiration of Period for Rescission.

26-3-12 Procedures for Rescission or Challenge.

26-3-13 Ratification Barred.

26-3-14 Full Faith and Credit.

26-3-15 Exceptions to the Establishment of Paternity.

SUBCHAPTER GENETIC TESTING

26-3-16 General.

26-3-17 Order for Testing.

26-3-18 Requirements for Genetic Testing.

26-3-19 Report of Genetic Testing, Chain of Custody.

26-3-20 Genetic Testing Results, Rebuttal.

26-3-21 Costs of Genetic Testing.

26-3-22 Additional Genetic Testing.

26-3-23 Genetic Testing When Specimen is Not Available.

26-3-24 Identical Brothers, Non-Genetic Evidence to Determine Father.

26-3-25 Release of Report of Genetic Testing.

SUBCHAPTER PROCEEDINGS TO ADJUDICATE PARENTAGE

26-3-26 Civil Proceeding to Adjudicate Parentage.

26-3-27 Standing to Maintain Proceeding.

26-3-28 Parties to Proceeding.

26-3-29 No Limitation: Child Having No Presumed, Acknowledged or Adjudicated Father.

26-3-30 Limitation: Child Having Presumed Father.

26-3-31 Authority to Deny Motion for Genetic Testing, Factors to Consider.

26-3-32 Limitation: Child Having Acknowledged or Adjudicated Father.

26-3-33 Joinder of Proceedings.

26-3-34 Commencement of Proceeding.

26-3-35 Child as Party: Representation.

26-3-36 Admissibility of Results of Genetic Testing.

26-3-37 Consequences of Declining Genetic Testing.

26-3-38 Admission of Paternity Authorized.

SUBCHAPTER SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE

26-3-39 Rules for Adjudication of Paternity.

26-3-40 Court Shall Adjudicate.

26-3-41 Hearings, Records, Reports, Public Record.

26-3-42 Default Order.

26-3-43 Dismissal Only Without Prejudice.

26-3-44 Order Adjudicating Parentage.

26-4 CHILD SUPPORT ESTABLISHMENT

26-4-1 General.

26-4-2 Child Support, Age of Majority, Minor Parents, Emancipation.

26-4-3 Child Support Obligations and Guidelines.

26-4-4 Address Requirements, Service.

26-4-5 Child Support Order.

26-4-6 Arrearage.

26-4-7 Non-Cash Support.

26-4-8 Payments.

26-4-9 Approval by Court.

26-4-10 Voluntary Agreement.

26-4-11 Rebuttable Presumption.

26-4-12 Liability for Past Support.

26-4-13 Termination of Parental Rights, Adoption.

26-4-14 Modification.

26-4-15 No Retroactive Modification.

26-4-16 Temporary Orders.

26-4-17 Prior Born Children.

26-4-18 Past Due Support.

26-4-19 Review of Child Support Orders, Review of Guidelines.

26-4-20 Redirection of Child Support Upon Change in Physical Custody.

26-4-21 No Statute of Limitations.

26-4-22 TANF Money Owed to a State or Tribe.

26-4-23 Income Assignment.

26-4-24 Voluntary Income Assignment.

26-4-25 Employer, Notice of Income Assignment, Requirements.

26-4-26 Registration of Foreign Child Support Order.

26-5 CHILD SUPPORT ENFORCEMENT

26-5-1 General.

26-5-2 Judgment for Arrearage.

26-5-3 Arrearage.

26-5-4 Liens, Workers Compensation, Release.

26-5-5 Tribal and Individual Exempted Property.

26-5-6 Initiated Income Assignment, Notice, Hearing.

26-5-7 Spousal Support.

26-5-8 Revocation or Suspension of Licenses.

26-5-9 Probation.

26-5-10 Reinstatement, Termination of Orders.

26-5-11 Employment, Find-Job Order.

26-5-12 Passport Denial.

26-5-13 Reporting to Consumer Reporting Agency.

26-5-14 State and Federal Tax Offset Programs, Administrative Offset.

26-5-15 Indirect Civil Contempt.

26-5-16 Purge Fee, Referral.

26-5-17 Waivers or Credits, Payments to Children.

26-5-18 Exceptions to Enforcement Proceedings.

26-5-19 Interest.

26-5-20 Expedited Procedures.

26-5-21 Reimbursement of Costs.

26-5-22 Bankruptcy.

26-6 CHILD SUPPORT GUIDELINES

26-6-1 Kansas Guidelines Adopted by Reference.

Title 27. Juvenile Offender Code

27-1 SHORT TITLE, PURPOSE AND DEFINITIONS

27-1-1 Short Title.

27-1-2 Purpose.

27-1-3 Definitions.

27-2 JURISDICTION AND TRANSFER

27-2-1 Jurisdiction.

27-2-2 Transfer of a Juvenile Offender Case.

27-3 JUVENILE DIVISION PROCEDURES

27-3-1 Rules of Juvenile Procedure.

27-3-2 Court Authority.

27-3-3 Confidentiality of Proceedings.

27-3-4 Court Records.

27-3-5 Court Records Sealed.

27-3-6 Special Advocate.

27-3-7 Right to an Attorney.

27-4 JUVENILE TAKEN INTO CUSTODY

27-4-1 When.

27-4-2 Intake.

27-4-3 Release.

27-4-4 Placement in Juvenile Detention Facility; Jail.

27-4-5 Admissions and Confessions.

27-4-6 Fingerprints and Photographs.

27-4-7 Removal from Custody of Parent or Residential Custodian.

27-5 COMMENCEMENT OF JUVENILE PROCEEDINGS

27-5-1 Filing a Petition; Juvenile Division Procedures.

27-5-2 Duty to Appear.

27-6 JUVENILE PROCEEDINGS

27-6-1 Time Limit on Juveniles in Custody.

27-6-2 Juvenile’s Right to Waive Detention Hearing.

27-6-3 Notice of Detention Hearing.

27-6-4 Court Procedure for Detention Hearing.

27-6-5 Timing of Hearings.

27-6-6 First Appearance.

27-6-7 Court Diversion by Stipulation.

27-6-8 Burden of Proof.

27-6-9 Pleas.

27-6-10 Adjudicatory Hearing.

27-6-11 Dismissal of Petition.

27-6-12 Sustaining Petition.

27-6-13 Dispositional Hearing.

27-6-14 Predisposition Study and Reports.

27-6-15 Disposition.

27-6-16 Probation.

27-6-17 Continuing Jurisdiction

27-6-18 Orders for Support.

27-6-19 Appeals.

27-7 TRANSFER TO ADULT DIVISION

27-7-1 Petition.

27-7-2 Hearing.

27-7-3 Deciding Factors.

27-7-4 Standard of Proof.

27-7-5 Written Transfer Order; Appellate Review.

27-7-6 Transfer Process.

27-7-7 Severability.

Title 28. Victims' Rights Code

28-1 GENERAL PROVISIONS

28-1-1 Short Title.

28-1-2 Purpose, Scope.

28-1-3 Definitions.

28-1-4 Victims’ Rights.

28-2 OFFICE OF THE TRIBAL PROSECUTOR

28-2-1 Requirements.

28-3 NOTICE

28-3-1 District Court

28-3-2 Tribal Police Department.

28-4 FUNDING

28-4-1 Fees.

28-4-2 Victims Assistance Fund Account.

28-4-3 Use of Funds.

Title 29. Liquor Control Ordinance

29-1 GENERAL PROVISIONS

29-1-1 Authority.

29-1-2 Purpose.

29-1-3 Definitions.

29-1-4 Rules, Regulations and Enforcement.

29-1-5 Abatement.

29-1-6 Power of Enforcement.

29-1-7 Sales of Liquor.

29-1-8 Licensing.

29-1-9 Taxes.

29-1-10 Revenue.

29-1-11 Exceptions.

29-1-12 Severability and Effective Date.

29-1-13 Amendment and Construction.

Title 30. Fire Protection and Emergency Services

30-1 GENERAL PROVISIONS

30-1-1 Title.

30-1-2 Need, Purpose, Priority, Scope.

30-1-3 Jurisdiction and Severability.

30-2 GENERAL AUTHORITY

30-2-1 General Authority.

30-2-2 Open Burning.

30-2-3 Open Burning Prohibited.

30-2-4 Responsibility for Open Burning.

30-2-5 Exception to Prohibition on Open Burning.

30-2-6 Unlawful Acts.

30-2-7 Criminal Penalties.

Title 31. Business Site Leasing Ordinance

31-1 INTRODUCTION

31-1-1 Authority and Delegation.

31-1-2 Scope.

31-1-3 Purpose.

31-1-4 Short Title.

31-2 DEFINITIONS

31-2-1 Definitions.

31-3 BUSINESS SITE LEASE REQUIREMENTS

31-3-1 Terms and Conditions.

31-3-2 Duration and Renewal.

31-3-3 Obtaining a Business Site Lease.

31-3-4 Space Leases.

31-3-5 Land Descriptions.

31-3-6 Appraisal; Local Studies.

31-3-7 Fair Market Lease Value.

31-3-8 Environmental Review Process.

31-3-9 Insurance.

31-3-10 Performance Bond.

31-3-11 Improvements.

31-3-12 Subleases, Assignments, Amendments and Leasehold Mortgage.

31-3-13 Applicable Law.

31-3-14 Lease Approval and Issuance.

31-4 BUSINESS LEASE MANAGEMENT

31-4-1 Management.

31-4-2 Administrative Fees.

31-5 ENFORCEMENT

31-5-1 Generally.

31-5-2 Defaults.

31-5-3 Remedies.

31-5-4 Penalties.

31-5-5 Harmful or Threatening Activities.

31-5-6 Holdover.

31-5-7 Trespass.

31-6 APPEALS

31-6-1 Appeals.

31-6-2 Scope of Review.

31-7 ENVIRONMENTAL REVIEW PROCESS

31-7-1 Generally.

31-7-2 Threshold Determination.

31-7-3 Action on Leasing Decision Subject to Completion of Environmental Review Process.

31-7-4 Environmental Review Process.

31-7-5 Notice of Completion of Draft TEIR.

31-7-6 Response to Public Comments.

31-8 SOVEREIGN IMMUNITY

31-8-1 Sovereign Immunity.

31-9 EFFECTIVE DATE; AMENDMENT

31-9-1 Effective Date.

31-9-2 Amendments.

Resolution Table

PBP TC No. 2014-262 Enacts Title 29, liquor control ordinance (29-1)

PBP TC No. 2016-191 Amends Title 10, general revenue and taxation (10-1, 10-2, 10-3, 10-4, 10-5, 10-6, 10-7)

PBP TC No. 2016-282 Enacts Title 30, fire protection and emergency services (30-1, 30-2)

PBP TC No. 2016-422 Amends Title 22, employment code (22-1, 22-2, 22-3, 22-4)

PBP TC No. 2017-071 Amends §§ 13-2-5 and 13-2-6, business licenses (13-2)

PBP TC No. 2017-072 Adds § 19-11-1(38); amends § 19-3-2, zoning (19-3, 19-11)

PBP TC No. 2017-153 Amends Ch. 16-8, tribal prosecutor (16-8)

PBP TC No. 2017-335 Amends Title 18, conservation code (18-1, 18-2, 18-3, 18-4, 18-5, 18-6, 18-7, 18-8, 18-9, 18-10, 18-11, 18-12, 18-13, 18-14, 18-15, 18-16, 18-17, 18-18)

PBP TC No. 2018-025 Amends § 10-3-2, sales tax (10-3)

PBP TC No. 2018-026 Enacts Ch. 10-8, transient guest tax (10-8)

PBP TC No. 2018-027 Amends § 13-2-5, business licenses (13-2)

PBP TC No. 2017-358 Enacts Title 31, business site leasing (31-1, 31-2, 31-3, 31-4, 31-5, 31-6, 31-7, 31-8, 31-9)

[Table of Contents created by NILL in October 2019, based on Potawatomi Law and Order Code current through January 24, 2019.]