# WINNEBAGO TRIBAL CODE (2026)

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3A1f302d3dfc6c77ab

## Record

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

## Text

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
WINNEBAGO TRIBE OF NEBRASKA
TRIBAL CODE
TITLE

DESCRIPTION

1

COURT RULES

2

CIVIL PROCEDURE

3

CRIMINAL CODE

4

JUVENILE PROCEDURE

5

TRIBAL GOVERNMENT

6

CIVIL TRAFFIC CODE

7

HEALTH, SAFETY, AND WELFARE

8

NATURAL RESOURCES

9

GAMING

10

GENERAL REVENUE AND TAX CODE

11

BUSINESS CORPORATION CODE

11A

BUSINESS REGULATION AND ECONOMIC DEVELOPMENT

11B

LIMITED LIABILITY COMPANY CODE

12

FAMILY RELATIONS

13

TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO) [REPEALED]

14

PROBATE

15

UTILITIES

16

CIVIL TRESPASS

17

INTERESTS IN REAL PROPERTY

18

GUARDIANSHIP AND CONSERVATORSHIP

19

TRIBAL EDUCATION CODE

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1
COURT RULES
(As redesignated July 1, 1989)
ARTICLE 1
PRELIMINARY PROVISIONS
1-100
1-101
1-102
1-103
1-104
1-105
1-106

Authorization.
Definitions.
Territorial jurisdiction.
Criminal jurisdiction.
Personal jurisdiction.
Jurisdiction over property.
General subject matter jurisdictionlimitations.
1-107 Civil jurisdiction.

1-108
1-109
1-110
1-111
1-112
1-113
1-114

Juvenile jurisdiction.
Law to be applied.
Exclusive jurisdiction.
Constitutional authority.
Name of Code.
Prior inconsistent ordinances repealed.
Amendment of Code.

TITLE 1
ARTICLE 2
ESTABLISHMENT OF COURTS
Judges and other Court Personnel
1-201
1-202
1-203
1-204

Trial Court established.
Court of appeals. Appeal of right.
Tribal Court judges.
Minimum qualifications of Judge of the
Tribal Court.
1-204.1 Change in qualifications.
1-205 Manner of selection of Tribal Judges.
1-206 Term of office.
1-207 Compensation of judges.
1-208 Oath of office.
1-209 Duties and powers of judges.
1-210 Disqualifications of judges.
1-211 Removal of judges.
1-212 Decisions.
1-213 Records.
1-214 Files.
1-215 Motion day.
1-216 Court clerk establishment.
1-217 Clerk as department director.
1-218 Powers and duties.
1-219 Oath of clerks.
1-220 Seal.
1-221 Certification of true copies.
1-222 Clerk to serve Tribal and all other Courts.
1-223 Courts always open.
1-224 Trials and hearing—orders in chambers.
1-225 Clerk’s office and orders of the clerk.

1-226 Notice of orders or judgments.
1-227 Books and records kept by the clerk and
entries therein.
1-228 Stenographic report or transcript as
evidence.
1-229 Judgment docket.
1-230 Execution docket.
1-231 Clerk may collect judgment and costs.
1-232 Clerk to issue writs and orders.
1-233 Clerk to file and preserve papers.
1-234 Each case to be kept separate.
1-235 Endorsements.
1-236 Entry on return of summons.
1-237 Material for record.
1-238 Memorializing record.
1-239 Clerk to keep Court records, books, and
papers, statistical and other information.
1-240 Applicable to all Courts within Tribe’s
jurisdiction.
1-241 Bonds.
1-242 Probation and parole officers.
1-243 Creation of prosecutor’s office.
1-244 Functions of the prosecutor(s).
1-245 Creation of defender’s office.
1-246 Functions of the defender(s).

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1
ARTICLE 3
WINNEBAGO SUPREME COURT
RULES OF APPELLATE PROCEDURE
APPLICABILITY OF RULES
Rule 1
Rule 2
Rule 3
Rule 4
Rule 5
Rule 6
Rule 7
Rule 8
Rule 9
Rule 10
Rule 11
Rule 12
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23

Scope of rules.
Suspension of rules.
Appeal as of right—how taken.
Appeal as of right—when taken.
Reserved for provisions relating to
interlocutory appeals in civil actions.
Reserved for provisions relating to
interlocutory appeals in criminal actions.
Bond for costs on appeal in civil cases.
Stay or injunction pending appeal.
Release in criminal cases.
The record on appeal.
Transmission of record.
Docketing the appeal; filing the record.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Writs.
Habeas corpus proceedings.
Custody of prisoners in habeas corpus
proceedings.

Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Rule 30
Rule 31
Rule 32

Proceedings in forma pauperis.
Filing and service.
Computation and extension of time.
Motion.
Briefs.
Brief of an amicus curiae.
Appendix to the briefs.
Filing and service of briefs.
Form of briefs, the appendix, and
other papers.
Rule 33 Prehearing conference.
Rule 34 Oral argument.
Rule 35 Determination of causes by the
court en banc.
Rule 36 Entry of judgment.
Rule 37 Interest on judgments.
Rule 38 Damages for delay.
Rule 39 Costs.
Rule 40 Petition for rehearing.
Rule 41 Issuance of mandate.
Rule 42 Voluntary dismissal
Rule 43 Substitution of parties.
Rule 44 Cases involving constitutional or
Indian civil rights act question where
the Winnebago Tribe is not a party.

TITLE 1
ARTICLE 4
COUNSELORS AND PROFESSIONAL ATTORNEYS
1-400
1-401
1-402
1-403

Lay counsel.
Right to be represented by an attorney.
Eligibility for admission.
Procedure for admission.

1-404
1-405
1-406

iii

Disbarment and discipline.
Standards of conduct and obligations for
attorneys and lay counsel.
Oath of attorneys and lay counselors.

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1
ARTICLE 5
CONTEMPTS
1-500 Acts or failures to act which contribute
contempt of Court.
1-501 Civil contempt.

1-502
1-503

Criminal contempt.
Contempt procedure.

TITLE 1
ARTICLE 6
SELECTION OF JURORS
1-600 Eligibility for jury selection.
1-601 Jury lists.
1-602 Jury panel selection procedures.

1-603 Power to excuse jurors.
1-604 Compensation to jurors.

TITLE 1
ARTICLE 7
JUDICIAL CONDUCT
1-700
1-701
1-702
1-703
1-704

Adoption of Code of Judicial Conduct.
Canon 1.
Canon 2.
Canon 3.
Canon 4.

1-705
1-706
1-707
1-708

Canon 5.
Canon 6.
Canon 7.
Compliance with Code of Judicial Conduct.

TITLE 1
ARTICLE 8
BONDS AND SURETIES
1-800
1-801
1-802
1-803

Justification of surety.
Qualifications of surety.
Real estate mortgage as bond.
Valuation of real estate.

1-804 False valuation—penalty.
1-805 Action by Tribe or Tribal department—no
bond required.
1-806 Appearance bond—enforcement.

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1
ARTICLE 9
MISCELLANEOUS
1-900
1-901
1-902
1-903
1-904
1-905
1-906
1-907
1-908
1-909
1-910
1-911

Deputy may perform official duties.
Affirmation.
Publication in “patent insides.”
Action on official bond.
May be several actions on same security.
Immaterial errors to be disregarded.
Payments into Court for minors and
incompetents.
Conserving moneys obtained for minors
or incompetent persons.
Sharing of judicial officers.
Sharing of other judicial personnel.
Sharing of material resources.
Sharing of financial resources.

1-912
1-913
1-914
1-915
1-916
1-917
1-918
1-919
1-920
1-921

Repealed by TCR 93-85.
Copies of laws.
Cooperation by federal employees.
Effect of prior decisions of the Court.
Judicial review of legislative and executive
actions.
Action when no procedure provided.
Adoption by reference not a waiver of
sovereign power of the Tribe.
Actions by or against Tribe or its officers.
Actions by or against Tribe or its officers
or employees.
Principles of construction.

TITLE 1
ARTICLE 10
OFFICE OF THE GENERAL COUNSEL
1-1000
1-1001
1-1002

Office established.
Duties.
Delegation of duties.

1-1003 Engagement of outside legal counsel.
1-1004 Title of Attorney General.

TITLE 1
ARTICLE 11
TRADITIONAL WELLNESS COURT
(Amended August 29, 2011)
1-1101
1-1102
1-1103
1-1104
1-1105
1-1106
1-1107
1-1108

Construction.
Purpose.
Traditional Wellness Court established.
Personal and subject matter jurisdiction.
Appointment of Wellness Court Panel
Members.
Referral process.
Reports to Tribal Court.
Eligibility of juveniles to participate in
the Traditional Wellness Court.

v

1-1109 Powers and duties of Traditional Wellness
Court Panel Members.
1-1110 Powers and duties of the Traditional
Wellness Court Coordinator.
1-1111 Intake process.
1-1112 Procedures.
1-1113 Records and confidentiality.
1-1114 Completion of Proceedings.
1-1115 Destruction of Records.
1-1116 Appeals.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1A
WINNEBAGO RULES OF EVIDENCE
As amended March 1, 1993.
(Redesignated February 24, 1994)
ARTICLE 1A
GENERAL PROVISIONS
Rule 1A-101
Rule 1A-102
Rule 1A-103
Rule 1A-104

Scope.
Purpose and construction.
Rulings on evidence.
Preliminary questions.

Rule 1A-105
Rule 1A-106

Limited admissibility.
Remainder of or related
writings or recorded statements.

TITLE 1A
ARTICLE 2
JUDICIAL NOTICE
Rule 1A-201

Judicial notice of adjudicative facts.
TITLE 1A
ARTICLE 3
PRESUMPTIONS

Rule 1A-301

Presumptions in general in civil
actions and proceedings.

Rule 1A-302

Applicability of state law in civil
actions and proceedings.

TITLE 1A
ARTICLE 4
RELEVANCY AND ITS LIMITS
Rule 1A-401
Rule 1A-402
Rule 1A-403
Rule 1A-404
Rule 1A-405

Definition of relevant evidence.
Relevant evidence generally
admissible; irrelevant evidence
inadmissible.
Exclusion of relevant evidence on
grounds of prejudice, confusion, or
waste of time.
Character evidence: not admissible
to prove conduct; exceptions; other
crimes.
Methods of proving character.

Rule 1A-406
Rule 1A-407
Rule 1A-408
Rule 1A-409
Rule 1A-410
Rule 1A-411
Rule 1A-412

Habit; routine practice.
Subsequent remedial measures.
Compromise and offers to
compromise.
Payment of medical and similar
expenses.
Inadmissibility of pleas, offers of
pleas, and related statements.
Liability Insurance.
Sex offenses cases: relevance of
victim’s past behavior.

TITLE 1A
ARTICLE 5
[RESERVED]

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1A
ARTICLE 6
WITNESSES
(Revised March 9, 2011)
Rule 1A-601
Rule 1A-602
Rule 1A-603
Rule 1A-604
Rule 1A-605
Rule 1A-606
Rule 1A-607
Rule 1A-608
Rule 1A-609

General rule of competency.
Lack of personal knowledge.
Oath or affirmation.
Interpreters.
Competency of judge as witness.
Competency of juror as witness.
Who may impeach.
Evidence of character and
conduct of witness.
Impeachment by evidence of
conviction of crime.

Rule 1A-610
Rule 1A-611
Rule 1A-612
Rule 1A-613
Rule 1A-614
Rule 1A-615
Rule 1A-616

Religious beliefs or opinions.
Mode and order of interrogation
and presentation.
Writing used to refresh memory.
Prior statements of witnesses.
Calling and interrogation of
witnesses by Court.
Exclusion of witnesses.
Patient/Client Physician/Counselor Privilege.

TITLE 1A
ARTICLE 7
OPINION AND EXPERT TESTIMONY
Rule 1A-701
Rule 1A-702
Rule 1A-703

Opinion testimony by lay
witnesses.
Testimony by experts.
Bases of opinion testimony by
experts.

Rule 1A-704
Rule 1A-705
Rule 1A-706

Opinion on ultimate issue.
Disclosure of facts or data
underlying expert opinion.
Court appointed experts.

TITLE 1A
ARTICLE 8
HEARSAY
Rule 1A-801
Rule 1A-802
Rule 1A-803
Rule 1A-804

Definitions.
Hearsay rule.
Hearsay exceptions; availability of
declarant immaterial.
Hearsay exceptions; declarant
unavailable.

Rule 1A-805
Rule 1A-806

Hearsay within hearsay.
Attacking and supporting
credibility of declarant.

TITLE 1A
ARTICLE 9
AUTHENTICATION AND IDENTIFICATION
Rule 1A-901
Rule 1A-902

Requirement of authentication or
identification.
Self-authentication.

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Rule 1A-903

Subscribing witness’ testimony
unnecessary.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1A
ARTICLE 10
CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
Rule 1A-1001
Rule 1A-1002
Rule 1A-1003
Rule 1A-1004

Definitions.
Requirement of original.
Admissibility of duplicates.
Admissibility of other evidence of
contents.
Rule 1A-1005 Public records.

Rule 1A-1006 Summaries.
Rule 1A-1007 Testimony or written admission of
party.
Rule 1A-1008 Functions of Court and jury.

TITLE 1A
ARTICLE 11
MISCELLANEOUS RULES
Rule 1A-1101 Applicability of rules.
Rule 1A-1102 Amendments.

Rule 1A-1103 Title.

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1B
RULES OF CRIMINAL PROCEDURE
(Redesignated February 24, 1994)
ARTICLE 1
SCOPE, PURPOSE, AND CONSTRUCTION
Rule 1B-101

Scope, purpose and construction.
TITLE 1B
ARTICLE 2
PRELIMINARY PROVISIONS

Rule 1B-201
Rule 1B-202
Rule 1B-203

Prosecution of offenses.
Rights of defendant.
Limitation of prosecution.

Rule 1B-203.1 Time computations.
Rule 1B-204 Extradition.

TITLE 1B
ARTICLE 3
PROCEEDINGS BEFORE TRIAL
Rule 1B-301
Rule 1B-302

The complaint.
Arrest warrant or summons to
appear: contents; service.
Rule 1B-302.1 Service of arrest warrants and
summons.
Rule 1B-302.2 Citation instead of arrest.
Rule 1B-303 Search and seizure.
Rule 1B-304 Arrest.
Rule 1B-304.1 Arrest in hot pursuit.
Rule 1B-304.2 Limitations on arrest in the home.
Rule 1B-304.3 Notification of rights.
Rule 1B-304.4 Telephone calls.
Rule 1B-305 Arraignment.
Rule 1B-306 Pre-trial divers.
Rule 1B-307 Commitments.

Rule 1B-308 Bail.
Rule 1B-309 Joinder.
Rule 1B-310 Pleas.
Rule 1B-310.1 Withdrawing guilty plea.
Rule 1B-310.2 Plea Bargaining.
Rule 1B-311 Pleading and motions before trial:
defenses and objections.
Rule 1B-312 Joinder of offenses.
Rule 1B-313 Discovery and inspection.
Rule 1B-314 Subpoena.
Rule 1B-315 Dismissal.

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1B
ARTICLE 4
TRIAL
Rule 1B-401
Rule 1B-402
Rule 1B-403
Rule 1B-404
Rule 1B-405
Rule 1B-406
Rule 1B-407

Trial by jury or by the Court.
Trial jurors.
Order of trial.
Trial by judicial panel.
Judge disability.
Evidence.
Expert witnesses and interpreters.

Rule 1B-408
Rule 1B-409
Rule 1B-410
Rule 1B-411
Rule 1B-412

Motion for judgment of acquittal;
directed verdict.
Instructions.
Verdict.
Regulation of conduct in the
Courtroom.
Harmless error and plain error.

TITLE 1B
ARTICLE 5
JUDGMENT
(As revised February 19, 2014)
Rule 1B-50l
Rule 1B-502
Rule 1B-503
Rule 1B-504

Judgment.
Sentence.
General sentencing provisions.
New trial.

Rule 1B-505
Rule 1B-506
Rule 1B-507

Arrest of judgment.
Correction or reduction of
sentence.
Clerical mistakes.

TITLE 1B
ARTICLE 6
APPEAL
Rule 1B-601

Right of appeal; how taken.

Rule 1B-602

Stay of judgment and relief
pending review.

TITLE 1B
ARTICLE 7
MISCELLANEOUS PROVISIONS
(As revised February 19, 2014)
Rule 1B-701
Rule 1B-702
Rule 1B-703
Rule 1B-704
Rule 1B-705

Continuance.
Disbursement of money and
valuables collected.
Habeas corpus.
Disposition of seized property.
Designation of offenses.

Rule 1B-706
Rule 1B-707
Rule 1B-708
Rule 1B-709
Rule 1B-710

x

Maximum fines and sentences,
payment schedules; credit.
Diversion and probation costs.
Sex offenders.
Additional findings for sex
offenses.
Set aside for some convictions

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1C
ARTICLE 1
TRIBAL CHILD SUPPORT GUIDELINES
Rule 1C-101
Rule 1C-102
Rule 1C-103
Rule 1C-104
Rule 1C-105
Rule 1C-106
Rule 1C-107
Rule 1C-108
Rule 1C-109
Rule 1C-110
Rule 1C-111
Rule 1C-112
Rule 1C-113

Guidelines Adopted.
Table.
Purpose.
Temporary and Permanent Support.
Rebuttable Presumption.
Total Monthly Income.
Deductions.
Monthly Support.
Parent's Monthly Share.
More Than One Child.
Minimum Support.
Non-Cash Support.
Visitation or Parenting Time
Adjustments.

Rule 1C-114
Rule 1C-115
Rule 1C-116
Rule 1C-117
Rule 1C-118
Rule 1C-119
Rule 1C-120
Rule 1C-121
Rule 1C-122
Rule 1C-123

xi

Split Custody.
Joint Physical Custody.
Alimony.
Child-Care Expenses.
Child(ren)’s Health Insurance
and Nonreimbursed Health
Care Expenses.
Modification.
Basic Subsistence Limitation.
Limitation on Increase.
Limitation on Decrease.
Maintenance and Review of
Guidelines.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 1D
BANISHMENT AND EXCLUSION CODE
Adopted June 16, 2010
Redesignated June 21, 2010
Repealed July 5, 2016
[TCR 10-110; 10-112; 16-106]

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
CIVIL PROCEDURE
(As redesignated February 24, 1994)
ARTICLE 1
GENERAL PROVISIONS
2-101
2-102
2-103
2-104
2-105
2-106

Scope of this Act.
Jurisdiction in civil actions.
Title of this Act.
Force of the Tribal common law
Definitions.
No effect upon sovereign immunity.

2-107
2-108
2-109
2-110
2-111
2-112

Declaratory judgment.
Court costs not charged to Tribe.
Effect of previous Court decisions.
C.F.R. not applicable.
Laws applicable to civil action.
Court action when no procedure provided.

TITLE 2
ARTICLE 2
COMMENCEMENT OF ACTION;
PLEADINGS, MOTIONS AND ORDERS
2-201
2-202
2-203
2-204
2-205
2-206
2-207
2-208
2-209
2-210
2-211
2-212

Commencement of action.
One form of action.
“Claim” defined.
Notice of pendency of action.
Notice of pendency contingent upon
service.
Special notice for actions pending in other
Courts.
Pleadings allowed; form of motions.
General rules of pleading.
Pleading special matters.
Form of pleadings, motions, and briefs.
Signing of pleadings.
Defenses and objections—when and how
presented--by pleadings or motions-motion for judgment on the pleadings.

2-213 Final dismissal on failure to amend.
2-214 Counterclaim and cross-claim.
2-215 Counterclaim: effect of the statute of
limitations.
2-216 Counterclaims against assigned claims.
2-217 Third-party practice.
2-218 Amended and supplemental pleadings.
2-219 Pre-trial procedure; formulating issues.
2-220 Lost pleadings.
2-221 Tenders of money or property.
2-222 Dismissal of actions.

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TABLE OF CONTENTS
TITLE 2
ARTICLE 3
PROCESS, SUMMONS,
FILING OF PLEADINGS AND OTHER PAPERS
2-301
2-302
2-303
2-304
2-305
2-306
2-307
2-308
2-309
2-310
2-311
2-312
2-313
2-314
2-315

Issuance of summons.
Form of summons.
Who may serve process personally.
Service of process by mail.
Service by publication.
Publication service upon parties and the
unknown successors of named parties.
Publication notice for recovery of money.
Publication notice in quiet title actions.
Completion of publication service.
Entry of default on party served by
publication.
Vacating default judgments where service
is by publication.
Certain technical errors not grounds for
vacating judgment.
Meaning of “successors” for publication
purposes.
Minimum contacts required for effective
long arm service.
Consent is effective substitute for service.

2-316 Service pursuant to Court order.
2-317 Summons and complaint; person to be
served.
2-317.1 Effect of service of some of several
defendants.
2-318 Service upon party not inhabitant of or
found within the territorial limits of the
reservation.
2-319 Territorial limits of effective service.
2-320 Return of service of process.
2-321 Alternative provisions for service in a
foreign country.
2-322 Subpoena.
2-330 Summons; time limit for service.
2-331 Service and filing of pleadings and other
papers.
2-340 Time.
2-341 General cases in which extraterritorial
service authorized.
2-342 Legal newspaper.

TITLE 2
ARTICLE 4
PARTIES
2-401 Parties plaintiff and defendant: capacity.
2-402 Joinder of claims, remedies, and actions.
2-403 Joinder of persons needed for just
adjudication.
2-404 Permissive joinder of parties.
2-405 Misjoinder and non-joinder of parties.

2-406
2-407
2-408
2-409
2-410

xiv

Interpleader.
Class actions.
Derivative actions by shareholders and
members.
Intervention.
Substitution of parties.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 5
DEPOSITIONS AND DISCOVERY
2-501 General provisions governing discovery.
2-502 Depositions before action or pending
appeal.
2-503 Persons before whom depositions may be
taken.
2-504 Stipulations regarding discovery
procedure.
2-505 Depositions upon oral examination.
2-506 Depositions upon written questions.
2-507 Use of depositions in Court proceedings.

2-508 Interrogatories to parties.
2-509 Production of documents and things and
entry upon land for inspection and other
purposes.
2-510 Physical and mental examination of
persons.
2-511 Requests for admission.
2-512 Failure to make or cooperate in discovery:
sanctions.

TITLE 2
ARTICLE 6
WITNESSES
2-601 Issue and service of subpoena
witnesses.
2-602 Subpoenas--contents.
2-603 Subpoena for deposition.
2-604 Subpoena for agency hearings.
2-605 Witness may demand fees--exception.
2-606 Disobedience of subpoena.
2-607 Attachment of witness.
2-608 Punishment for contempt.
2-609 Discharge when imprisonment illegal.

for

2-610
2-611
2-612
2-613
2-614
2-615

Requisites
of
attachment--order
of
commitment.
Examination of prisoner.
Prisoner’s custody during examination.
Witness privileged.
Witness may demand fees each day-exception.
Special provisions for Tribal agencies.

TITLE 2
ARTICLE 6, WITNESSES
SUBPART A
TESTIMONY UNDER PRIVILEGE AGAINST PROSECUTION
2-650
2-651
2-652
2-653

Privilege for committee testimony.
Procedure for claiming privilege.
Oaths.
Penalties.

2-654 Disgrace as ground for refusal to testify.
2-655 Prosecution.
2-656 Fees and mileage.

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WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 7
JURORS
2-701
2-702
2-703
2-704
2-705
2-706
2-707
2-708
2-709
2-710

Meeting for selection of jurors.
Court clerk’s jury selection roll.
Preparation of jury wheel.
Drawing general jury panel.
Use of a jury panel.
Certifying and sealing lists.
Oath and delivery of envelopes.
Sealing and retaining juror name cards.
Refilling wheel.
Summoning jurors.

2-711
2-712
2-713
2-714
2-715
2-721
2-722

On-call system jurors.
Drawing trial jurors from panel.
Qualifications and exemptions of jurors.
Substantial compliance.
Oath to jury.
Discharge of employee for jury service-penalty.
Civil liability--damages.

TITLE 2
ARTICLE 8
TRIAL
2-801 Trial defined.
2-802 Trial of issues.
2-803 Jury trial of right.

2-804 Trial by jury or by the Court.
2-805 Assignment of cases for trial.
2-806 Consolidation; separate trials.
TITLE 2
ARTICLE 8, TRIAL
SUBPART A
IMPANELING JURY

2-821
2-822
2-823
2-824
2-825

Summoning jury.
Causes for challenging jurors.
Examination of jurors.
Alternate jurors.
Order of challenges.

2-826
2-827
2-828
2-829

xvi

Challenges to jurors – filling vacancies.
Alternate method of selecting jury.
Oath of jury.
Juries of less than six-majority verdict.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 8, TRIAL
SUBPART B
TRIAL PROCEDURES
2-831
2-832
2-833
2-834
2-835
2-836

Order of trial.
Taking of testimony.
Exceptions unnecessary.
Instructions to jury objection.
Uniform jury instructions.
Objections to instructions--copies
parties.
2-837 View by jury.
2-838 Deliberation of the jury.

to

2-839
2-840
2-841
2-842
2-843
2-844
2-845

Admonition of jury on separation.
Information after retirement.
When the jury may be discharged.
Re-trial.
Proof of official record.
Determination of foreign law.
Appointment and duties of masters.

TITLE 2
ARTICLE 8, TRIAL
SUBPART C
VERDICT
2-851
2-852
2-853
2-854

Findings by the Court.
Delivery of verdict.
Requisites of verdicts.
General and special verdict.

2-855
2-856
2-857

Special verdict and interrogatories.
Jury must assess amount of recovery.
Motions for a directed verdict and for
judgment notwithstanding the verdict.

TITLE 2
ARTICLE 8, TRIAL
SUBPART D
MISCELLANEOUS TRIAL PROVISIONS
2-871
2-872
2-873
2-874

Provisions applicable to trials by Court.
Trial docket.
Trial docket for bar.
Order of trial of cases docketed.

2-875
2-876
2-877
2-878

xvii

Time of trial.
Continuances.
Trial by judicial panel.
Bifurcated jury trials.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 9
PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
2-901
2-902
2-903
2-904

Seizure of person or property.
Receivers appointed by Tribal Courts.
Deposit in Court.
Process in behalf of and against persons
not parties.

2-905
2-906

Security--proceedings against sureties.
Execution.

TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART A
INJUNCTIONS
2-911 Injunction defined.
2-912 Cause for injunction—temporary
restraining order.
2-913 Temporary restraining order; notice;
hearing; duration.
2-914 Temporary restraining order--Service.
2-915 Preliminary injunction.
2-916 Preliminary injunction--criteria.
2-917 Form and scope of injunction or restraining
order.
2-918 Employer and employee; interpleader;
constitutional cases.

2-919
2-920
2-921
2-922
2-923
2-924
2-925
2-926

Security.
Use of affidavits.
Injunction by defendant.
Injunction is equitable.
Modification of preliminary injunction.
Modification of permanent injunction.
Injunctions tried to the Court.
Enforcement of restraining orders and
injunctions.

TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART B
REPLEVIN
2-931 Order of delivery--procedure.
2-932 Penalty for damage of property subject to
order of delivery.
2-933 Undertaking in replevin.
2-934 Replevin bond--value.
2-935 Order of delivery.
2-936 Order returnable.
2-937 Execution or order.
2-938 Re-delivery on bond.

2-939
2-940
2-941
2-942
2-943
2-944
2-945

xviii

Exception to sureties.
Proceedings on failure to prosecute action.
Judgment--damages--attorney fees.
Officer may break into building.
Compelling delivery by attachment.
Improper issue of order of delivery.
Joinder of cause of action for debt--stay of
judgment.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART C
ATTACHMENT
2-951
2-952
2-953
2-954
2-955

Grounds for attachment.
Attachment affidavit.
Attachment bonds.
Order of attachment.
When returnable.

2-956
2-957
2-958
2-959

Order of execution.
Execution of attachment order.
Service of order.
Re-delivery on bond.

TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART D
GARNISHMENT
(As adopted November 17, 2010)
2-961

Garnishment in aid of execution; when
issued; procedure; court order; continuing
lien; when invalid.
2-962 Priority of garnishments and liens.
2-963 Service upon garnishee; notice; hearing.

2-964 Answer;
interrogatories;
objections; contempt; hearing.
2-965 Exemptions from garnishment.

response;

TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART E
PROVISIONS RELATING TO ATTACHMENT AND GARNISHMENT
(Reserved)
TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART F
RECEIVERS
2-992.1
2-992.2
2-992.3
2-992.4
2-992.5

Appointment of receiver.
Persons ineligible.
Oath and bond.
Powers of receiver.
Investment of funds.

2-992.6
2-992.7
2-992.8

xix

Disposition of property litigated.
Punishment for disobedience of Court.
Vacation of appointment by appellate
Court.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
SUBPART G
EMINENT DOMAIN
2-993.1
2-993.2
2-993.3
2-993.4
2-993.5

Who may exercise authority.
What property may be condemned by
eminent domain.
Condemnation of property.
Complaint.
Process in eminent domain.

2-993.6
2-993.7
2-993.8
2-993.9
2-993.10
2-993.11

Appearance or answer.
Amendment of pleadings.
Substitution of parties.
Dismissal of action.
Deposit and its distribution.
Costs.

TITLE 2
ARTICLE 10
JUDGMENT
2-1001
2-1002
2-1003
2-1004
2-1005
2-1006
2-1007
2-1008
2-1009
2-1010
2-1011
2-1012

Judgment; costs.
Default.
Offer of judgment.
Judgment for specific acts--vesting title.
Summary judgment.
Declaratory judgment.
Entry of judgment.
New trials; amendments of judgments.
Relief from judgment or order.
Harmless error.
Stay of proceedings to enforce a
judgment.
Disability of a judge.

2-1013
Reserved.
2-1014
Judgment against infant.
2-1015
Judgments as liens.
2-1016
Discharge of money judgment liens.
2-1017
Additional case deposits.
2-1018
Reversal by appellate Court.
2-1019
Interest on money judgments.
2-1020
Exempt property.
2-1020.1 Payment of judgments from individual
Indian moneys.

TITLE 2
ARTICLE 10, JUDGMENT
SUBPART A
FOREIGN JUDGMENTS
2-1021
2-1022
2-1023
2-1024

Definition.
Filing and status of foreign judgments.
Grounds for non-recognition.
Notice of filing.

2-1025
2-1026
2-1027

xx

Stay of execution of foreign judgment.
Fees.
Optional procedure.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 10, JUDGMENT
SUBPART B
EXECUTION
2-1031
2-1032
2-1033
2-1034
2-1035
2-1036
2-1037
2-1038
2-1039
2-1040
2-1041
2-1042
2-1043
2-1044
2-1045
2-1046
2-1047
2-1048
2-1049

Execution--defined.
Kinds of executions.
Property subject to levy.
Property bound after seizure.
Execution must be issued within five
years.
Priority among property.
Priority among executions.
Levy by priority.
Who makes levy.
When levy void.
Penalty for unlawful levy.
Levy on property claimed by third
person.
Re-delivery to defendant.
Notice of sale of chattels.
Further levy when property taken,
insufficient.
Filing and indexing of execution.
Waiver of appraisement.
Return of appraisement.
When lien restricted.

2-1050
2-1051
2-1052
2-1053
2-1054
2-1055
2-1056
2-1057
2-1058
2-1059
2-1060
2-1061
2-1062
2-1063
2-1064
2-1065

Notice of sale of realty.
Confirmation of sale.
Police chief’s deed.
Advance of printer’s fees.
Demand for printing fees.
Place of sale.
Other executions of realty not sold.
Levy on realty under several executions.
Deed by successor of officer making
sale.
Payment to defendant of overplus after
sale.
Reversal of judgment after sale of
interest in land.
Execution of judgment in favor of Tribe.
Reappraisal where realty twice
advertised for sale.
Return of execution.
Principal and surety.
Hearing on assets.

TITLE 2
ARTICLE 10, JUDGMENT
SUBPART C
CONTRIBUTION
2-1071 Joint debtors or sureties.

2-1072

xxi

Joint tort-feasor; contribution; indemnity;
exemptions; covenant not to sue, etc.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 10, JUDGMENT
SUBPART D
COSTS
2-1081 Affidavit in forma pauperis.
2-1082 False swearing in such case.
2-1083 Costs where defendants disclaim.
2-1084 Certain costs taxed at discretion of Court.
2-1085 Costs to successful party as matter of
course.
2-1086 Costs in other cases.

2-1087
2-1088
2-1089
2-1090
2-1091
2-1092

Several actions on joint instruments.
Clerk to tax costs.
Cost of notice or other legal publication.
Attorney fees taxable as costs.
Costs defined.
Authority of Court to fix cost rates.

TITLE 2
ARTICLE 11
LIMITATION OF ACTIONS
2-1101 Limitations applicable.
2-1102 Limitation of real actions.
2-1103 Persons under disability-- in real property
actions.
2-1104 Limitation of other actions.
2-1105 Persons under disability in actions other
than real property actions.

2-1106
2-1107
2-1108
2-1109
2-1110
2-1111

Absence or flight of defendant.
Limitation of new action after failure.
Extension of limitation.
Statutory bar absolute.
Law governing foreign claims.
Limitation of building construction tort
claims.

TITLE 2
ARTICLE 12
FAMILY RELATIONS
2-1201
2-1202
2-1203
2-1204

Recording of marriages and divorces.
Tribal custom marriage and divorce.
Tribal custom adoption.
Determination of paternity and support

2-1205
2-1206
2-1207

xxii

Determination of heirs.
Approval of wills.
Recognition of same-sex marriage.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 12, FAMILY RELATIONS
SUBPART A
STATUTORY DIVORCE
2-1211
2-1212
2-1213
2-1214
2-1215
2-1216
2-1217
2-1218
2-1219
2-1220
2-1221
2-1222

Grounds for divorce.
Residence of plaintiff or defendant.
Personal jurisdiction.
Custody of children, disposition of
property.
Orders concerning property, children,
support and expenses.
Care and custody of children.
Preference of child.
Paternity determination.
Interest on delinquent payments.
Restoration of wife's maiden name.
Disposition of property.
Effect of divorce.

2-1223
2-1224
2-1225
2-1226
2-1227
2-1228
2-1229
2-1230
2-1231
2-1232
2-1233
2-1234
2-1235

Remarriage and cohabitation.
Punishment for certain remarriage and
cohabitation.
Remarriage within six months.
Time when judgment final.
Avoidance of marriage of incompetents.
Alimony without divorce.
Evidence.
Setting aside of divorce decrees.
Termination of money payments.
Mailing of alimony and support
payments.
Modification of decree.
Effect on common law divorce.
Requirement of parenting education.

TITLE 2
ARTICLE 13
FORCIBLE ENTRY AND DETAINER
2-1301
2-1302
2-1303
2-1304
2-1305
2-1306
2-1307
2-1308

Forcible entry and detention.
Powers of Court.
Extent of jurisdiction.
Issuance and return of summons.
Service of summons.
Constructive service of summons.
Answer or affidavit by defendant.
Trial by Court.

2-1309
2-1310
2-1311
2-1312
2-1313
2-1314
2-1315

xxiii

Procedure where no jury available.
Attorney fee.
Writ of execution; form; new trial.
Stay of execution.
Forcible entry and detainer action on
small claims docket.
Affidavit; form.
Summons; form.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 14
HABEAS CORPUS
2-1401
2-1402
2-1403
2-1404
2-1405
2-1406
2-1407
2-1408
2-1409
2-1410
2-1411
2-1412

Persons who may prosecute writ.
Application for writ.
Writ granted.
Direction and command of writ.
Delivery to Tribal police chief.
Service on party other than Tribal police
chief.
Service when person not found.
Return and enforcement of writ.
Manner of return.
Proceedings in case of sickness or
infirmity.
Hearings and discharge.
Limits on inquiry.

2-1413
2-1414
2-1415
2-1416
2-1417
2-1418
2-1419
2-1420
2-1421
2-1422
2-1423
2-1424
2-1425

Writ upon temporary commitment.
Writ may issue to admit to bail.
Notice to interested persons.
Powers of Court.
Officers not liable for obeying orders.
Issuance of warrant of attachment.
Arrest of party causing restraint.
Execution of warrant of attachment.
Temporary orders.
Issuance and service on Sunday.
Issue of process.
Protection of infants and insane persons.
Security for costs not required.

TITLE 2
ARTICLE 15
MANDAMUS
2-1501
2-1502
2-1503
2-1504
2-1505
2-1506

Function of mandamus.
Writ not issued where remedy at law.
Forms and contents of writs.
When peremptory writ of issues.
Petition upon affidavit.
Allowance and service of writ.

2-1507
2-1508
2-1509
2-1510
2-1511
2-1512

Answer.
Failure to answer.
Similarity to civil action.
Recovery by plaintiff.
Damages bar further actions.
Penalty for refusal or neglect to perform.

TITLE 2
ARTICLE 16
QUO WARRANTO
2-1601 Quo Warranto; relief obtainable by civil
action.
2-1602 Grounds for action.
2-1603 Persons who may bring action.
2-1604 Judgment is contest of office.

2-1605
2-1606
2-1607
2-1608

xxiv

Judgment for plaintiff.
Enforcement of judgment.
Separate action for damages.
Corporation.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 2
ARTICLE 17
SMALL CLAIMS PROCEDURE
2-1701
2-1702
2-1703
2-1704
2-1705
2-1706
2-1707
2-1708

Small claims.
Small claims affidavit.
Preparation of affidavit.
Service of affidavit.
Date for appearance.
Transfer of actions.
Counterclaim or setoff.
Actions for amounts exceeding excess of
two thousand dollars.
2-1709 Attachment or garnishment, other matters.

2-1710
2-1711
2-1712
2-1713
2-1714
2-1715
2-1716
2-1717

xxv

Trial by Court.
Payment of judgment.
Appeals.
Fees.
Costs.
Judgments rendered under small claims
procedure.
Fee for docketing judgment.
Other action in small claims Court.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 3
CRIMINAL CODE
(As redesignated June 1, 1989)
ARTICLE 1
GENERAL PROVISIONS
3-101
3-102
3-103
3-104
3-105
3-106
3-107
3-108

Name and citation.
Effective date.
Purpose and construction.
No affect on civil liability.
Exclusiveness of offenses.
Severability.
Terms, defined.
Prosecution for multiple offenses.

3-109
3-110
3-111
3-112
3-113
3-114
3-115

Limitation.
Separate trials.
Lesser included offenses.
Double jeopardy.
Burden and presumption of innocence.
Negating defenses.
Presumptions of fact.

TITLE 3
ARTICLE 2
PRINCIPLES OF CRIMINAL RESPONSIBILITY
3-201 Acts and omissions to act.
3-202 Culpability; general requirements.
3-203 Causal relationship between conduct and
result.
3-204 Ignorance or mistake of fact.
3-205 Liability for conduct of another.
3-206 Corporation and unincorporated
associations.
3-207 Intoxication.
3-208 Duress.
3-209 Consent.
3-210 Entrapment.
3-211 Mental disease or defect.
3-212 Justification; terms defined.
3-213 Justification; choice of evils.

3-214
3-215
3-216
3-217
3-218
3-219

Public duty; execution.
Use of force; self-protection.
Use of force; protection of others persons.
Use of force; protection of property.
Use of force; law enforcement.
Use of force by person with special
responsibility for care, discipline or safety
of others.
3-220 Mistake of law; reckless or negligent use
of force.
3-221 Justification in property crimes.
3-222 Justification an affirmative defense; civil
remedies unaffected.

xxvi

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 3
ARTICLE 3
CRIMES AGAINST PROPERTY
3-301
3-302
3-303
3-304
3-305
3-306
3-307
3-308
3-309
3-310
3-311
3-312
3-313
3-314
3-315
3-316
3-317
3-318
3-319
3-320
3-321
3-322
3-323
3-324
3-325
3-326
3-327

Building defined.
Arson, first degree; penalty.
Arson, second degree; penalty.
Arson, third degree; penalty.
Burning to defraud insurer; penalty.
Burglary; penalty.
Possession of burglary tools; penalty.
Breaking and entering; penalty.
Theft; terms defined.
Consolidation of theft offenses.
Theft by unlawful taking or disposition.
Theft by shoplifting; penalty.
Theft by deception.
Theft by extortion.
Theft of property lost, mislaid, delivered by
mistake; penalty.
Theft of services; penalty.
Unauthorized use of a propelled vehicle;
affirmative defense; penalty.
Theft by receiving stolen property.
Grading of theft offenses.
Criminal mischief; penalty.
Criminal trespass; penalty.
Repealed.
Criminal trespass, affirmative defenses.
Littering of public and private property;
penalty.
Forgery; terms defined.
Forgery, first degree; penalty.
Forgery, second degree; forgery penalties.

3-328
3-329
3-330
3-331
3-332
3-333
3-334
3-335
3-336
3-337
3-338
3-339
3-340
3-341
3-342
3-343
3-344
3-345
3-346

xxvii

Criminal possession
of a forged
instrument; penalty.
Criminal possession of forgery devices;
penalty.
Criminal simulation; penalty.
Criminal impersonation; penalty.
Issuing a bad check; penalty.
False statement or book entry; destruction
or secretion
of records;
penalty;
organization defined.
Commercial bribery and breach of duty to
act disinterestedly; penalty.
Fraudulent use of credit card; penalty.
Deceptive business practices; penalty.
Defrauding creditors; penalty.
Securing execution of documents by
deception; penalty.
Criminal usury; penalty.
Unlawful dealing with property by a
fiduciary; penalty.
Making a false credit report; penalty.
Computers; terms defined.
Depriving or obtaining property or
services; penalty.
Unlawful acts; harming or disrupting
operations; penalties.
Unlawful acts; obtaining confidential
public information; penalties.
Unlawful acts; access without
authorization; exceeding
authorization; penalties.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 3
ARTICLE 4
CRIMES AGAINST THE PERSON
3-401 Compounding a criminal offense, defined;
penalty.
3-402 Homicide; terms defined.
3-403 Murder in the first degree; penalty.
3-404 Murder in the second degree; penalty.
3-405 Manslaughter; penalty.
3-406 Motor vehicle homicide; penalty.
3-407 Assisting suicide, defined; penalty.
3-408 Assault in the first degree; penalty.
3-409 Assault in the second degree; penalty.
3-409.5 Simple assault; penalty.
3-410 Terroristic threats; penalty.
3-411 Restrain, abduct; defined.
3-412 Kidnapping; penalty.
3-413 False imprisonment in the first degree;
penalty.
3-414 False imprisonment in the second degree;
penalty.
3-415 Violation of custody; penalties.

3-416
3-417
3-418
3-419
3-420
3-421
3-422
3-423
3-424
3-425
3-426
3-427
3-428
3-429
3-430

Sexual assault; legislative intent.
Sexual assault; terms defined.
Sexual assault; first degree; penalty.
Sexual assault; second degree; penalty.
Sexual assault; in camera hearing.
Sexual assault; evidence of past sexual
behavior; when admissible; procedure.
Sexual assault; evidence against another
person; when admissible.
Confined person; offenses against
another person; penalty; sentence.
Robbery; penalty.
Stalking.
Strangling.
Suffocating.
Domestic Violence.
Family Violence.
Crime involving domestic or family
violence.

TITLE 3
ARTICLE 5
INCHOATE CRIMES
3-501 Criminal attempt; conduct; penalty.
3-502 Conspiracy, defined; penalty.
3-503 Conspiracy; renunciation of criminal
intent.

3-504
3-505
3-506

xxviii

Accessory to crime; defined; penalty.
Aiding consummation of crime; penalty.
Prosecuting for aiding and abetting.

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3 ARTICLE 6

3-601
3-602

3-603
3-604
3-605
3-606
3-607
3-608
3-609
3-610
3-611
3-612
3-613
3-614
3-615
3-616
3-617
3-618
3-619

TITLE 3
ARTICLE 6
CRIMES AGAINST PUBLIC JUSTICE
Obstructing government operations;
3-620 Bribery of a juror; penalty; juror receiving
penalty.
bribe; penalty.
Physical injury related to criminal offense;
3-621 Tampering with witnesses, informants, or
report by health care provider; sexual
jurors; penalty.
assault; duties of health care provider; law
3-622 Jury tampering; penalty.
enforcement agency; duties; violation;
penalty.
Refusing to aid a peace officer; penalty.
3-623 Tampering with physical evidence;
Resisting arrest; penalty; affirmative
penalty; physical evidence, defined.
defense.
3-624 Simulating legal process; penalty.
Consumption of liquor on public property,
3-625 Employee; penalized due to jury service;
public roads, streets, alleys, forbidden;
prohibited; penalty.
penalty.
3-626 Impersonating a peace officer.
Obstructing a peace officer; penalty.
3-627 Impersonating a public servant.
False reporting; penalty.
3-628 Official misconduct; penalty.
Interfering with a fireman on official duty;
3-629 Oppression under color of office; penalty.
penalty; fireman, defined.
3-630 Misusing public money.
Abuse of public record; penalty; public
3-631 Improper influence in official matters.
record, defined.
3-632 Retaliation for past official action.
Escape; official detention, defined;
3-633 Improper gifts to public servants.
knowingly permitting escape; penalty;
3-634 Special influence.
3-635 Doing business without a license.
defense to prosecution.
Providing contraband; penalty.
3-636 Tampering with public property.
Loitering about jail; penalty.
3-637 Injuring public property.
Assault on an officer in the first degree;
3-638 Bail jumping.
3-639 Failure to obey a lawful order of the Court.
penalty.
Assault on an officer in the second degree;
3-640 Repealed.
3-641 Neglecting to serve a warrant; penalty;
penalty.
Repealed.
forfeiture of office.
Perjury; subornation of perjury; penalty.
3-642 Mutilating a flag; penalty; flag, defined.
Juror, testimony and official proceedings;
3-643 Illegal solicitation.
3-644 Repealed.
defined.
Bribery; penalty.
3-645 Failure to appear; penalty.
Bribery of a witness; penalty; witness
3-646 Sell or exchange of property for promise to
receiving bribe; penalty.
vote prohibited.

xxix

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

TITLE 3
ARTICLE 7
CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE
(As revised December 12, 2025)
3-701 Bigamy; penalty; exception.
3-702 Incestuous marriages; declared void.
3-703 Incest; penalty.
3-704 Child abuse; penalty.
3-705 [REPEALED by TCR 15-133]
3-706 [REPEALED by TCR 15-133]
3-706.1 [REPEALED by TCR 15-133]
3-707 [REPEALED by TCR 15-133]
3-708 [REPEALED by TCR 15-133]
3-709 Privileged communication; patient and
physician; husband and wife; not ground for
excluding evidence.
3-710 Abandonment of spouse, child or
dependent stepchild; child, defined.
3-711 Criminal nonsupport; penalty; exception.
3-712 Protective custody; penalty.
3-713 Failure to send child to school and aaa
educational neglect of a minor; truancy;
a
penalties.
3-714 Curfew; penalty.
3-715 Contributing to the delinquency of a child;
definitions; procuring alcohol for a minor;
penalty.
3-716 Minor in possession; penalty.
3-717 Tobacco; minor in possession; sale to
minors; smoking in tribal building
prohibited; penalties; exemption.
3-718 Trafficking in children; penalty.
3-719 Welfare offense; penalty.
3-720 Desecration; penalty.
3-721 Disrupting a public or religious assembly.
3-722 Violation of privacy; penalty.
3-723 Criminal defamation; penalty.
3-724 Harassment; penalty.
3-725 Disorderly conduct; penalty.
3-726 Prostitution; penalty; citation in lieu of
arrest.
3-727 Pandering; penalty.
3-728 Pandering; evidence.
3-729 Keeping a place of prostitution; penalty.
3-730 Prostitution cases; incrimination testimony;
how treated.

3-731
3-732
3-733
3-734
3-735
3-736
3-737
a
3-738
3-739
3-740
3-741
3-742
3-743
3-744
3-745
3-746
3-747
3-748
3-749
3-750
3-751
3-752
3-753
3-754
3-755
3-756
3-757
3-758

xxx

Debauching a minor; penalty.
Public indecency; penalty.
Obscenity; penalty.
Rioting; penalty.
Failure to disperse; penalty.
Dangerous weapon, firearm, school zone, other
terms; defined.
Unlawful carrying or possession of dangerous
weapons; penalty.
Aggravated weapons offense; penalty.
Using firearms to commit a crime;
penalty.
Dangerous devices; penalty.
Fireworks offense; penalty.
Inhaling or drinking certain compounds;
penalty.
Selling and offering for sale certain
compounds; use; knowledge of seller; unlawful.
Act, exceptions.
[Reserved.]
Abandoning, or concealing a dead human
body; penalty.
Concealing the death of another person;
penalty.
Intimidation by phone call; penalty; prima
facie evidence.
Interfering with a public service company;
penalty.
Maintaining
a
nuisance;
penalty;
abatement or removal.
Disturbing the peace; penalty.
Telecommunications violations; penalty.
Animal, cruel mistreatment, cruel neglect,
and abandon; defined.
Cruelty to animals; penalty; authorized or
permitted conduct.
Livestock offense; penalty.
Waters offense; penalty.
Assault of a Human Embryo or Fetus;
terms defined; limitations.
Assault of a Human Embryo or Fetus in
the first degree; penalty.

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

TITLE 3
ARTICLE 7
CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE
(continued)
3-759
3-760

Assault of a Human Embryo or Fetus in
the second degree; penalty
Assault of a Human Embryo or Fetus in the
third degree; penalty.

3-761
3-762

xxxi

Indecent liberties; penalty.
Video Recording and Distribution
Criminal Assaults

of

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

TITLE 3
ARTICLE 8
CONTROLLED SUBSTANCES ACT
(As revised December 12, 2025)
3-801 Definitions.
3-802 Prohibition of sales, transport, import, export
or possession of drug paraphernalia or drug
manufacturing equipment.
3-803 Narcotics revolving fund.
3-804 Future controlled substances included.
3-805 Nomenclature in schedules.
3-806 Schedule I characteristics.
3-807 Schedule II characteristics.
3-808 Schedule III characteristics.
3-809 Schedule IV characteristics.
3-810 Schedule V characteristics.
3-811 Schedule I.
3-812 Schedule II.
3-813 Schedule III.
3-814 Schedule IV.
3-815 Schedule V
3-816 Seizure without warrant; forfeitures; disposition;
evidence; court costs; and expenses.
3-817 School Property; distribution; dispensing or
possession.
3-818 Prohibited acts; penalties.
3-819 Prohibited acts; fraud, deceit.

3-820
3-821
3-822
3-823
3-824
3-825
3-826
3-827
3-828
3-830
3-831
3-832
3-833
3-834
3-835
3-836
3-837
3-838

Certain substances causing intoxication;
exemptions; penalties.
Endeavor and conspiracy.
General penalty clause.
Additional penalties.
Severability.
Possession of a dangerous drug; penalty.
Dangerous drug offense; penalty.
Manufacturing, selling, giving, distributing, or
possessing with intent to manufacture, sell, give or
distribute methamphetamine; penalty.
Methamphetamine lab cleanup costs; reimbursement.
Short Title.
Purpose.
Definitions.
Prohibition on Vaping on School Property by Minors.
General Prohibition of possession of vaping device by
Minors.
Prohibition on Vaping on School Property by
Adults.
Furnishing Vaping Devices to Minors.
Enforcement.
Severability.

TITLE 3
ARTICLE 9
[Reserved]

TITLE 3
ARTICLE 10
[Reserved]

TITLE 3
ARTICLE 11
[Reserved]

xxxii

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 3
ARTICLE 12
ADULT AND ELDERLY PROTECTIVE SERVICES ACT
3-1200
3-1201
3-1202
3-1203
3-1204
3-1205
3-1206
3-1207
3-1208
3-1209

Citation.
Legislative intent.
Definitions.
Duty of healthcare providers to report
abuse.
Duty of law enforcement to investigate.
Immunity from liability.
No access to records.
Evidence exclusions void.
No abuse solely for reliance upon
spiritual healing.
Willful failure to report.

3-1210

Willful
release
of
confidential
information.
Abuse of a vulnerable or elderly adult.
Ex parte order authorized.
Subpoena of Medical and Financial
Records.
Procedures for prosecution.
Conditions of Release.
Elder Protection Order and Time Limits.
Violation of Protection Orders.
Severability.

3-1211
3-1212
3-1213
3-1214
3-1215
3-1216
3-1217
3-1218

TITLE 3
ARTICLE 13
(Adopted May 3, 2024)
3-1301
3-1302
3-1303

Purpose and Findings.
Definitions.
Duties of Law Enforcement to Victims of
Domestic or Family Violence; Required
Notice.

3-1304
3-1305
3-1306
3-1307

Rights specific to Victims of Sexual
Assault.
Rights of All Victims of Crime;
Duty of Prosecutor to Inform.
Victim Advocate.
No Cause of Action.

TITLE 3
ARTICLE 14
WINNEBAGO LAW ENFORCEMENT CODE
3-1401
3-1402
3-1403
3-1404
3-1405
3-1406
3-1407

Purpose.
Source of Authority.
Repealer.
Definitions.
Jurisdiction.
Authority over Department.
General Principles.

3-1408
3-1409
3-1410
3-1411
3-1412
3-1413

xxxiii

Chief of Police.
Tribal Police Officers.
Powers of the Winnebago Police Department.
Cross-Deputization and Other Agreement
Conflicts of Interest.
Severability.

December 2025

WINNEBAGO TRIBAL CODE
TITLE 3

TITLE 3
ARTICLE 15
CRIMINAL TRAFFIC OFFENSES
(As adopted September 24, 2003)
3-1500 Driving under influence of alcoholic
liquor or drug; penalties; revocation of
operator’s license; applicable to violation
of statutes or ordinances; probation;
alcohol assessment; court; powers.
3-1501 Driving under influence of alcoholic
liquor or drugs; implied consent to
submit to chemical test; when test
administered; refusal; penalty.
3-1502 Driving under influence of alcoholic
liquor or drugs; test; additional test;
refusal to permit; effect; results of test;
available upon request.
3-1503 Driving under influence of alcoholic
liquor or drugs; chemical test; consent of
person incapable of refusal not
withdrawn.
3-1504 Driving under influence of alcoholic
liquor or drugs; chemical test; violation
of statute or ordinance; results;
competent evidence; permit; fee.
3-1505 Driving under influence of alcohol;
operator’s license; confiscation and
revocation; procedures; appeal.
3-1506 Driving under influence of alcohol;
revocation of impounded operator’s
license; procedure; reinstatement; fee;
eligibility for employment driving
permit and ignition interlock device.
3-1507 Operator’s license revocation decision;
notice; contents.

3-1508 License revocation; appeal.
3-1509 Blood sample; results of chemical test;
admissible in criminal prosecution;
disclosure required.
3-1510 Person under twenty-one years of age;
prohibited acts; enforcement.
3-1511 Implied consent to submit to chemical
test; when test administered; refusal;
penalty.
3-1512
Impounded operator’s license; sealing
of record; when; operation of motor
vehicle authorized.
3-1513 Ignition interlock device; court order
authorized; issuance of restricted Class
O license; prohibited act; violation;
penalty.
3-1514 Careless driving, defined; penalty.
3-1515 Reckless driving, defined; penalty.
3-1516 Willful reckless driving, defined.
3-1517 Willful reckless driving; first offense;
penalty.
3-1518 Reckless driving or willful reckless
driving; second offense; penalty.
3-1519 Reckless driving or willful reckless
driving; third and subsequent offenses;
penalty.

xxxiv

December 2025

TITLE 3
ARTICLE 16
WINNEBAGO PUBLIC SAFETY COMMISSION CODE
(As adopted July 15, 2025)
3-1600 Establishment.
3-1601 Purpose and Policy.
3-1603 Source of Authority.
3-1604 Definitions.
3-1605 Winnebago Public Safety Commission.
3-1606 Commission Meetings.
3-1606 Appointment of Commissioners.
3-1607 Commissioner Requirements and
Qualifications.

3-1609 Confidentiality.
3-1610 Conflicts of Interest.
3-1611 Removal of Commissioners.
3-1612 Complaints.
3-1613 Commission Hearings.
3-1614 Severability.
3-1615 Repealer.

xxxv

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 4
JUVENILE PROCEDURE
(As redesignated July 1, 1989)
ARTICLE 1
GENERAL PROVISIONS
4-100
4-101
4-102
4-103
4-104
4-105
4-106
4-107
4-108
4-109
4-110
4-111
4-112
4-113
4-114
4-115
4-116
4-117
4-118

Citation.
Purpose.
Definitions.
Place of sitting.
Juvenile Court established.
Jurisdiction.
Court authority.
Indian child welfare transfers from Tribal
Courts.
Child welfare transfers to tribal or state
courts.
Court support staff.
Notice of legal rights.
Basic rights.
Warrants and custody orders.
Full faith and credit.
Admissibility of evidence in other
proceedings.
Expungement.
Contempt of court.
Medical examination.
Fingerprints.

4-119
4-120
4-121
4-122
4-123
4-124
4-125
4-126
4-127
4-128
4-129
4-130
4-131
4-132
4-133
4-134
4-135

Rules of procedure.
Expenditure of funds.
Procedure.
Prosecution; criminal charge or Juvenile
Court
petition;
determination;
considerations.
Juvenile charged in court other than
Juvenile Court; transfer to Juvenile
Court; procedure.
Pre-transfer report.
Orders for support.
Prosecutor’s duties.
Inspection of court records.
Law enforcement records.
Child and family services.
Identity confidential.
Exclusion of certain statement by alleged
delinquent.
Voluntary foster care authorized.
Required Findings by a Court for Removal.
Reasonable Efforts.
Winnebago Kinship System.

TITLE 4
ARTICLE 2
EMERGENCY CUSTODY
4-201
4-202
4-203
4-204
4-205
4-206
4-207
4-208
4-209

Taking a minor into custody.
Notification of parents.
Notification of Court officers.
Release of detained child.
Special release rule for major offenses.
Court ordered release.
Extension of detention period.
Detention and shelter.
Emergency shelter in child’s home.

4-210
4-211
4-212
4-213
4-214
4-215

xxxvi

Court ordered medical treatment.
Court ordered commitment for observation.
Search warrants for the protection of
children.
Preliminary inquiry: criteria for detention
or shelter care.
Place of detention or shelter care.
Standards for shelter care and detention
facilities.

December 2025

WINNEBAGO TRIBAL CODE
TITLE 4

TITLE 4
ARTICLE 3
ADJUDICATION
4-301
4-302
4-303
4-304
4-305
4-306
4-307
4-308

Court intake.
Prosecutor’s (presenting officer’s) intake.
Diversion by contract.
Diversion contract inadmissible.
Diversion by consent decree.
Limitations on diversions.
Guardian ad litem appointments.
Guardian ad litem duties.

4-309 Adjudicatory hearing.
4-310 Mentally ill and developmentally disabled
children.
4-311 Consent decree.
4-312 Dismissal of petition.
4-313 Sustaining petition
4-314 Temporary orders.

TITLE 4
ARTICLE 4
DISPOSITION
4-401
4-402
4-403
4-404
4-405
4-406
4-407
4-408
4-409
4-410

Pre-dispositional report.
Treatment plan.
Dispositional hearing.
Hearing purpose.
Hearing informal.
Medical examination.
Continuance.
Order of protection.
Placement preferences.
Neglected or dependent child or in-needof-care; disposition.

4-411
4-412
4-413
4-414

Child-in-need-of-supervision; disposition.
Delinquent child; disposition.
Legal custody; guardianship.
Probation for delinquents and children in
need of supervision.
4-415 Violation of probation.
4-416 New hearing authorized.
4-417 Continuing jurisdiction.
4-418 Permanency Hearings.
4-419 Guardianships as Recommended by the
Department for permanence.
4-420 Child Placement Review Committee.

TITLE 4
ARTICLE 5
CHILD ABUSE
4-501
4-502
4-503
4-504
4-505
4-506
4-507

Legislative purpose.
Definitions.
Persons required to report child abuse or
neglect.
Required report of postmortem
investigation.
Evidence of abuse.
Temporary protective custody.
Reporting procedures.

4-508
4-509
4-510
4-511
4-512
4-513
4-514
4-515

xxxvii

Action upon receipt of report.
Child protection teams.
Immunity from liability.
Child abuse and child neglect diversion
program.
Evidence not privileged.
Court proceedings; guardian ad litem.
Central registry.
Confidentiality of records.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 4
ARTICLE 6
TERMINATION OF PARENTAL RIGHTS
4-601 Motion for termination of parental rights.
4-602 Appointment of counsel.
4-603 No jury trial.
4-604 Abandonment.
4-605 Criteria for termination.
4-606 Standard of proof.
4-607 Voluntary termination of
parental rights.
4-608 Interpreter for relinquishment of parental
rights and consent to adoption.

4-609 Review of child’s disposition following
termination of the parent-child legal
relationship.
4-610 Expert testimony.
4-611 Effect of decree.
4-612 Appeals.
4-613 Traditional custodians’ and grandparents’
rights.

TITLE 4
ARTICLE 7
ADOPTIONS
4-701
4-702
4-703
4-704
4-705
4-706
4-707
4-708
4-709
4-710
4-711

Jurisdiction over adoptions.
Purpose of adoptions.
Types of adoptions.
In-camera determination of enrollment
eligibility.
Eligibility for statutory adoption.
Eligibility to adopt by statutory process.
Consent to statutory adoption.
Voluntary relinquishment.
When consent of parents unnecessary.
Notice of hearing for adoption without
consent.
Consent of child.

4-712
4-713
4-714
4-715
4-716
4-717
4-718
4-719
4-720
4-721
4-722
4-723

Petition.
Investigation.
Adoption hearing.
Report and final decree of adoption.
Contents of adoption order.
Effect of final decree of statutory adoption.
Records and hearings confidential.
Certificates of adoption.
Foreign decree.
Adoption of adults.
Appeals.
Customary Adoptions.

TITLE 4
ARTICLE 8
DEVELOPING FOSTER CARE HOMES
4-801
4-802
4-803
4-804
4-805

Responsibility.
Licensing foster family homes.
Basic standard for foster families.
Basic requirements of foster families.
Funding for foster children’s needs.

4-806
4-807
4-808
4-809

xxxviii

Physical facilities.
Family composition.
Personal characteristics.
Foster parenting abilities.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 4
ARTICLE 9
INCOME WITHHOLDING FOR CHILD SUPPORT ACT
(Repealed 2008) [TCR 08-79]

TITLE 4
ARTICLE 10
RULES OF JUVENILE PROCEDURE
Rule 1
Rule 2
Rule 3
Rule 4
Rule 5
Rule 6
Rule 7
Rule 8
Rule 9
Rule 10
Rule 11
Rule 12
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22

Scope.
Purpose and construction.
Attorney or advocate of record.
Notice.
Service of summons.
Summons form.
When summons unnecessary.
Additional parties to be summoned.
Failure to appear.
Petition contents.
Petition form.
Adoption petition.
Juvenile offender commencement of
action petition.
Responsive pleadings and motions.
Parties.
Discovery.
Pre-trial conference.
Emergency orders.
Hearings.
Adoption hearing.
Dependency and neglect and child-inneed-of–care dispositional hearing.
Jury Trial.

Rule 23
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Rule 30
Rule 31
Rule 32
Rule 33
Rule 34
Rule 35
Rule 36
Rule 37
Rule 38
Rule 39

Termination of parental rights hearing.
Record of proceedings.
Motions for a new trial or rehearing.
Motions for arrest or modification of
judgment.
Shelter and detention.
Disqualification or disability of judge.
Evidence.
Clerical mistakes.
Explanation of rights at first appearance
(juvenile offenders); child-in-need-of
supervision.
Insanity at time of commission of
juvenile offense.
Determination of competency or
capacity to stand trial.
Fingerprinting or photographing of
minor.
Mental or physical examination.
Probation revocation hearing.
Dispositional hearing.
Appeals.
Stay pending appeal

TITLE 4
ARTICLE 11
GRANDPARENT RIGHTS
(As adopted August 28, 2015)
4-1101
4-1102
4-1103
4-1104
4-1105
4-1106

Purpose.
Application.
Scope.
Grandparent Notification.
Grandparent Input.
Grandparent Visitation.

4-1107
4-1108
4-1109

xxxix

Change of Grandchild’s Domicile;
Notice to Grandparent.
Emergency Medical Care and
Grandparent Medical Consent.
Grandparent Medical Consent
Authorization Affidavit.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 5
TRIBAL GOVERNMENT
ARTICLE 1
ENROLLMENT
(As amended and restated August 22, 2012)
5-100 Definitions.
5-101 Tribal Enrollment Committee.
5-102 Determination of membership,
enrollment.
5-103 Application for membership by
member of another tribe.
5-104 Enrollment application; who must
submit.
5-105 Filing of enrollment application.
5-106 Enrollment application for minor,
incompetent person, some United
States Armed Forces members.
5-107 Enrollment application; information
and supporting documentation
requirements; burden of proof.
5-108 Actions required of the Enrollment
Staff.
5-109 Actions required of the TEC.
5-110 Actions required of the Tribal Council.
5-111 Applicants determined ineligible by the
TEC.
5-112 Rejection of application by the Tribal
Council; membership appeals.
5-113 Distribution of trust assets or other
Financial Benefits; appeals.

5-114
5-115
5-116
5-117
5-118
5-119
5-120
5-121
5-122
5-123
5-124
5-125
5-126
5-127
5-128
5-129

xl

Individual folders; contents of
individual folder.
Access to records.
Updating records.
Determination of blood quantum.
Blood quantum corrections;
administrative actions; persons found
to be ineligible.
Enrollment of persons without an
enrolled parent.
Relinquishment of an adult.
Prohibition on relinquishment of a
minor.
False information; fraudulent acts;
otherwise ineligible.
Disenrollment.
Amendment procedures.
Tribal Member Identification;
Certification of Blood Quantum
Use of Fingerprint Reader.
Claiming financial or other benefits on
behalf of another tribal member.
Indian Child Welfare Act (“ICWA”)
cases.
Notices issued to last known address.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 5
ARTICLE 2
ELECTIONS
(As revised March 20, 2025)
5-201 Eligible Voters.
5-202 Election Board.
5-203 Notice of Election.
5-204 Qualification of Candidates.
5-205 Ballots.
5-206 Absentee Ballots.
5-207 Conduct of Elections.
5-208 Polling Place.
5-209 Conduct of Election Officials.
5-210 Campaigning.
5-211 Intoxication.
5-212 Loitering.
5-213 Election Tampering.
5-214 Placement on Primary Election Ballot.

5-215 Absentee Ballots for Primary Elections.
5-216 Primary Election.
5-217 Write-In Candidates as Qualified Candidates.
5-218 Absentee Ballots for General Election.
5-219 General Election.
5-220 Term of Office.
5-221 Runoff Election.
5-222 Certification and Oath of Office.
5-223 Election Code Amendments.
5-224 Emergencies.
5-225 Unexpired Seats on the Ballot.
5-226 Special Election to Determine Qualified Individual
to Fill a Vacancy.
5-227 Forms.

TITLE 5
ARTICLE 3
[Reserved]

TITLE 5
ARTICLE 4
REPEALED

xli

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 6
CIVIL TRAFFIC CODE
(As amended August 27, 2003)
ARTICLE 1
GENERAL PROVISIONS
6-101 Purpose.
6-102 Construction of Rules.
6-103 References to the law of the State of
Nebraska incorporated.
6-104 Inappropriate references to be given a
common sense meaning.

6-105 Severability.
6-106 Violations; civil violation.
6-107 Peace officers; duty to enforce rules and
laws; powers.
6-108 Civil penalties.

TITLE 6
ARTICLE 2
PROCEDURES
6-201 Enforcement; citation; complaint; contents;
procedure.
6-202 Civil penalty and costs; failure to pay;
judgment; installments.

6-203

Person charged with traffic infraction;
citation; conditions; penalty.

TITLE 6
ARTICLE 3
LICENSING, REGISTRATION AND VEHICLE REQUIREMENTS
6-301 Motor vehicle registration.
6-302 Operation of unregistered motor vehicle;
penalty.
6-303 Motor vehicle title.
6-304 Violation of motor vehicle title
requirements; penalty.

6-305 Operator’s license.
6-306 Violation of operator’s license
requirements; penalty.

xlii

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 6
ARTICLE 4
MOVING TRAFFIC
6-401 Obedience to traffic control devices;
6-425
6-426
exceptions.
6-427
6-402 Traffic control signals; meaning; turns on
red signal; when.
6-403 Pedestrian-control signals.
6-404 Flashing signals; exception.
6-428
6-405 Driving on right half of roadway required;
exceptions.
6-406 Vehicles proceeding in opposite direction;
6-429
passing.
6-430
6-407 Overtaking and passing rules; vehicles
proceeding in same direction.
6-408 Overtaking and passing upon the
6-431
right; when permitted.
6-432
6-409 Limitations on overtaking and passing on the
left; precautions required; return to right side 6-433
of highway.
6-410 Limitations on overtaking, passing, or
driving to the left of the center of roadway;
when prohibited.
6-434
6-411 No-passing zones; exception.
6-412 One-way roadways and rotary traffic islands;
jurisdiction; exception for emergency
vehicles.
6-435
6-413 Driving on roadways laned for traffic; rules;
traffic control devices.
6-414 Following vehicles; restrictions.
6-436
6-415 Driving on divided highways; driving
on median prohibited; exceptions.
6-416 Driving on highway shoulders prohibited;
6-437
exceptions.
6-417 Controlled-access highway; entrances;
6-438
exits.
6-418 Vehicles approaching or entering
6-439
intersection at same time; right-of-way;
entering a highway or roadway.
6-419 Vehicle turning left; yield right-of-way.
6-440
6-441
6-420 Preferential right-of-way; stop and
6-442
yield signs.
6-421 Vehicle entering roadway from private road
6-443
or driveway; yield right-of-way.
6-444
6-422 Moving a stopped, standing, or parked
6-445
vehicle; yield right-of-way.
6-423 Operation of vehicles upon the approach of
6-446
emergency vehicles.
6-424 Driving upon sidewalk; prohibited; exception. 6-447
xliii

Basic rule; speed.
Speed; maximum limits; signs.
Special speed limitations; motor vehicle
towing a mobile home; school buses; motordriven cycle.
Speed determination; use of speed
measurement devices; requirements;
apprehension of driver; when.
Minimum speed regulation; impeding traffic.
Charging violations of speed regulation;
summons; burden of proof; elements of
offense.
Racing on highways; violation; penalty.
Driving under influence of alcoholic liquor
or drug; penalties.
Driving under influence of alcoholic liquor
or drugs; implied consent to submit to
chemical test; when test administered;
refusal; penalty.
Driving under influence of alcoholic liquor
or drugs; test; additional rest; refusal to
permit; effect; results of test; available upon
request.
Driving under influence of alcoholic liquor
or drugs; chemical test; consent of person
incapable of refusal not withdrawn.
Driving under influence of alcoholic liquor
or drugs; chemical test; violation of statute
or ordinance; results; competent evidence.
Blood sample; results of chemical test;
admissible in civil proceeding; disclosure
required.
Person under twenty-one years of age;
prohibited acts; enforcement.
Implied consent to submit to chemical test;
when test administered; refusal; penalty.
Careless driving, defined; penalty.
Reckless driving, defined; penalty.
Willful reckless driving, defined.
Willfull reckless driving; penalty.
Winnebago brake and turn signal law.
Turn signals and signals given by hand and
arm.
Hand and arm signals; how given.
Brake and turn signal requirements.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 6
ARTICLE 5
NON-MOVING TRAFFIC
6-501 Pedestrian obedience to traffic control
devices and regulations.
6-502 Pedestrians’ right-of-way in crosswalk;
traffic control devices.
6-503 Crossing at other than crosswalks; yield
right-of-way.
6-504 Pedestrians on highways and roadways;
sidewalks and shoulders.
6-505 Pedestrians soliciting rides or business;
prohibited acts.
6-506 Stopping, parking, or standing upon
a roadway or bridge; limitations.
6-507 Persons authorized to remove vehicles; cost
of removal; lien.

6-508
6-509
6-510
6-511
6-512
6-513
6-514
6-515

Stopping, standing, or parking prohibited;
exceptions.
Parking regulations; signs; control by local
authority.
Unattended motor vehicles; conditions.
Overloading front seat or obstructing driver;
prohibited.
Opening and closing vehicle doors;
restriction.
Traveling on a downgrade; gears; position.
Following fire apparatus in response to an
alarm; prohibited.
Restrictions on driving over unprotected fire
hose.

TITLE 6
ARTICLE 6
HIGHWAYS, ROADS AND BRIDGES
6-601

Removal of traffic hazards; determined by
local authority; violation; penalty.
6-602 Depositing materials on roads or ditches;
penalties.
6-603 Rubbish on highways or roads; prohibited;
signs; enforcement; violation; penalties.
6-604 Camping; permitted; where; violation;
penalty.

6-605
6-606

xliv

Hunting, trapping, or molesting predatory
animal on or from roadway; prohibited,
exception; violation; penalty.
Advertising signs, displays, or devices;
permitted signs enumerated.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 6
ARTICLE 7
VEHICLE AND TRAFFIC SAFETY
6-701 Peace officers; investigation of traffic
accident; duty to report; Department of
Roads; powers; duties.
6-702 Accidents; reports required of
operators and owners; when;
supplemental reports; reports of peace
officers open to public inspection;
limitation on use as evidence;
violation; penalty.
6-703 Accidents; reports required of garages and
repair shops.
6-704 Accidents; coroner; report to Nebraska
Department of Roads.
6-705 Accident; death; driver; pedestrian sixteen
years or older; coroner; examine body;
amount of alcohol or drugs; report to
Department of Roads; public information.
6-706 Accident; driver or pedestrian sixteen years
of age or older; person killed; submit to
chemical test; results in writing to DirectorState Engineer; public information.
6-707 Accidents; body fluid; samples; test;
report.
6-708 Roadway; removal of dead or injured
persons; peace officer.
6-709 Roadways, travel on; regulation by local
authorities; when authorized; signs.
6-710 Display of unauthorized signs, signals, or
markings; public nuisance; removal.
6-711 Advertising devices adjacent to highway;
when prohibited; public nuisance; removal.
6-712 Required obedience to traffic laws; private
property used for public road by consent of
owner; provisions uniform throughout the
Reservation.
6-713 Drivers to exercise due care with
pedestrian;
audible signal.
6-714 Obedience to peace officers; violation;
penalty.
6-715 Failing to observe a blind person; penalty.
6-716 Persons riding animals or driving animal
drawn vehicles; farm implements; duties.
6-717 Interference with official traffic control
devices or railroad signs or signals;

xlv

6-718
6-719
6-720
6-721
6-722
6-723
6-724
6-725
6-726
6-727
6-728
6-729
6-730
6-731
6-732
6-733
6-734
6-735
6-736
6-737

Signs, markers, devices, or notices;
prohibited acts; penalty.
Motor vehicle; motorcycle; lights;
requirements; prohibited acts.
Lights; vehicle being driven.
Headlights; construction; adjustment;
requirements.
Violations; penalty.
Acetylene headlights; number;
construction; requirements.
Headlights; glare; duty of operator;
penalty.
Spotlights; auxiliary driving lights; signal
lights; other devices; intensity and
direction.
Parking lights; unlawful use.
Vehicle proceeding in forward motion;
backup lights on; prohibited; violation;
penalty.
Lights, red or green, in front of vehicle
prohibited; exceptions.
Lights; rotating or flashing; colored lights;
when permitted.
Flashing or rotating lights; emergency
vehicles; colors permitted.
Rotating or flashing amber light; when
permitted.
Rotating or flashing red light or red and
blue
lights; when permitted;
application; permit;
expiration.
Rotating or flashing lights; violation;
penalty.
Clearance lights; requirements;
substitution;
violations; penalty.
Vehicles required to have clearance lights;
flares; reflectors; when required as
equipment.
Vehicles required to have clearance lights;
flares; reflectors; how and when displayed.
Vehicles; red flags; red emergency
reflectors; when required as equipment;
how and when displayed.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS

6-738
6-739
6-740
6-741
6-742
6-743
6-744
6-745
6-746
6-747

6-748
6-749
6-750
6-751
6-752

6-753
6-754
6-755

TITLE 6
ARTICLE 7
VEHICLE AND TRAFFIC SAFETY
(continued)
Clearance lights, flares, and reflector
6-756 Child passenger; use restraint system or
occupant protection system; when;
requirements; violations; penalty.
Removing flares or flags; penalty.
information and education program.
Vehicles; slow moving; emblem required;
6-757 Child passenger restraint requirements;
when used.
violations; penalty; defense.
Vehicles; slow moving; emblem; how
6-758 Violation of child passenger restraint
equipped; penalty.
requirements; how construed.
Load projecting to rear; red flag or red
6-759 Occupant protection system; use required;
light required.
when; exceptions.
Motor vehicles; brakes; requirements.
6-760 Enforcement of occupant protection system
Trailers; brake requirements; safety
requirements; when.
chains; when required.
6-761 Occupant protection system; violation;
Trucks and buses; brake requirements;
penalty.
violation; penalty.
6-762 Occupant protection system violation;
Hydraulic brake fluids; requirements;
evidence; when admissible.
6-763 Limitations on backing vehicles.
violation; penalty.
6-764 Obedience to signal indicating approach of
Tires; requirements; cleats or
train; prohibited acts.
projections prohibited; exceptions;
6-765 Buses and school buses required to stop at all
permissive uses; special permits;
railroad grade crossings; exceptions.
exceptions.
6-766
Grade crossings; certain carriers; required to
Trucks; rearview mirror.
stop; exceptions.
Operator; view to rear required;
6-767 School bus; safety requirements; use of stop
outside mirrors authorized.
signal arm; use of warning signal lights;
Windshield and windows;
violations; penalty.
nontransparent material prohibited;
6-768
Splash aprons; requirements; violation;
windshield equipment; requirements.
penalty.
Safety glass, defined.
6-769 Towing; drawbars or other connections;
Safety glass; requirements; vehicles
length; red flag required, when.
built after January 1, 1935;
6-770 Horn; requirements; prohibited acts.
motorcycle windshield; requirements;
6-771 Muffler or noise-suppressing system;
violation; penalty.
prevention of fumes and smoke;
Violation by common carrier; permit
requirements.
revoked or suspended.
6-772
Television
set; equipping motor vehicle with
Occupant protection systems.
screen visible to driver; penalty.
Occupant protection system; 1973
year model and later motor vehicles;
requirements; violation; penalty.

xlvi

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 6
ARTICLE 8
MISCELLANEOUS
6-801
6-802
6-803
6-804
6-805
6-806
6-807
6-808
6-809
6-810
6-811
6-812
6-813
6-814
6-815
6-816
6-817
6-818
6-819
6-820

Motor vehicle owner or operator; liability to
guest passenger; limitation.
Leased trucks, truck-tractors, and trailers;
liability of owner for damages.
Operating a motor vehicle or a vessel to
avoid arrest; penalty.
Winnebago Traffic Code; applicability to
persons operating motorcycles.
Restrictions on operating motorcycles.
Operating motorcycles on roadways laned
for traffic; prohibited acts.
Moped; operation; license or permit;
required.
Moped; operator; Winnebago Traffic Code;
applicable.
Moped; restrictions on operation.
Operating mopeds on roadways laned for
traffic; prohibited acts.
Winnebago Traffic Code; applicability to
persons operating bicycles.
Riding of bicycles; prohibited acts.
Bicycles on roadways and bicycle paths;
general rules; regulation by local authority.
Equipment on bicycles; lights; brakes.
Bicycles; reflective device or material; retail
sale; requirements; violation; penalty.
All-terrain vehicle, defined.
All-terrain vehicle; operation.
All-terrain vehicle; lights required; when.
All-terrain vehicle; equipment required.
Modification of all-terrain vehicle;
prohibited.

6-821
6-822
6-823
6-824
6-825
6-826
6-827
6-828
6-829
6-830
6-831
6-832
6-833
6-834
6-835
6-836
6-837
6-838
6-839
6-840

All-terrain vehicle; competitive events;
exemptions.
All-terrain vehicle; accident; report required.
Snowmobiles; registration required.
Snowmobile operation; equipment;
permission of landowner.
Snowmobile contests; requirements.
Snowmobiles; prohibited acts.
Snowmobile; operation; muffler, when
required.
Operation by person under twelve years of
age; operation by a person under sixteen;
restrictions; snowmobile safety certificate.
Snowmobile owner; prohibited acts.
Snowmobiles; carrying firearms; hunting;
unlawful.
Snowmobile; confiscation; sale; proceeds;
disposition.
Snowmobile operation; accident;
requirements.
Legislative intent.
Minibikes; operation; violations; penalty;
unlawful acts.
Radar transmission device; definitions.
Radar transmission device; operation;
possession; unlawful; violation; penalty.
Authorized devices.
Prohibited device; seizure; disposal.
Abandoned motor vehicle, defined.
Abandoned motor vehicle; title; vest in local
authority; when.

TITLE 6
ARTICLE 9
SPECIAL PROVISIONS APPLICABLE TO BIA ROUTE 17
6-901
6-902
6-903

Applicability
Gross vehicle weight limits established;
violation; fines.
Failure to stop; violation; penalties.

6-904
6-905

xlvii

Special Permit for Overweight
Vehicles for BIA Route 17;
violation; fine.
Speed; violation; fine.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
HEALTH, SAFETY, AND WELFARE
ARTICLE 1
MENTAL HEALTH COMMITMENT ACT
(As revised October 16, 2013)
7-101
7-102
7-103

Definitions.
Petition.
Counsel.

7-104
7-105
7-106

Hearing On The Petition.
Disposition.
Emergency Protective Custody.

TITLE 7
ARTICLE 3
ANIMALS
(Revised March 9, 2011)
7-300
7-301
7-302
7-303
7-304
7-305
7-306
7-307
7-308
7-309
7-310
7-311
7-312
7-313
7-314
7-315
7-316
7-317
7-318
7-319
7-320
7-321
7-322
7-323
7-324
7-325
7-326

Definitions.
Offices designated.
Licensing of dogs and cats.
Breeder of Kennel permits.
Rabies certification of vaccination
required.
Fee waiver.
Display of tag.
Transfer or change of ownership.
Duplicate tag.
Removal of license tags.
At large prohibited.
Spay and Neuter.
Impoundment and ticketing.
Disposition of animals.
General prohibitions and duties.
Animal care; animal cruelty.
Release or adoption of animals.
Release of unsterilized animals.
Number of animals.
Non-indigenous birds.
Impoundment fees.
Redemption.
Injured animals at large.
Confinement of animals.
Dog pens.
Conditions of pens and premises.
Animal bites.

7-327
7-328
7-329
7-330
7-331
7-332
7-333
7-334
7-335
7-336
7-337
7-338
7-339
7-340
7-341
7-342
7-343
7-344
7-345

xlviii

Nuisance animals.
Dangerous animals.
Determination of vicious animal,
dangerous animal, potentially dangerous
animal; notice to owner.
Vicious dogs.
Appeal procedure.
Requirements for dangerous animals;
penalties.
Animal fighting or attack training;
penalty.
Keeping of innately wild animals.
Wildlife protection.
Keeping of exotic animals.
Keeping of livestock.
Keeping of animals for which no licensed,
approved rabies vaccine is available.
Kennel standards.
Harboring of strays.
Trapping animals.
Rabies reports; examination; quarantine.
Civil liability of owner for damages
caused by the owner’s dog, cat or other
domesticated animal.
Sovereign immunity of the Tribe.
Penalties.

December 2025

WINNEBAGO TRIBAL CODE
TITLE 7

TITLE 7
ARTICLE 4
OPEN BURNING
7-401
7-402
7-403

Definitions.
Open burning.
Prohibition on open burning.

7-404
7-405

Trash containers.
Penalty.

TITLE 7
ARTICLE 5
BURNING OF PETROLEUM PRODUCTS
7-501
7-502

Definitions.
Burning of petroleum products.

7-503

Penalty.

TITLE 7
ARTICLE 6
OPEN DUMPING
7-601
7-602

Definitions.
Open dumping.

7-603
7-604

Containment Dumping.
Penalty.

TITLE 7
ARTICLE 8
COMPULSORY EDUCATION
7-801
7-802
7-803
7-804
7-805
7-806

Compulsory Education; attendance
required.
Violation.
Compulsory Education, exceptions.
General Equivalency Diploma Program.
Record of attendance; made where.
Non-attendance lists; transmission of
information.

7-807
7-808
7-809
7-810
7-811
7-812
7-813

xlix

Entry or withdrawal of student;
attendance reports.
Non-attendance; duty to report;
investigation.
Excessive absenteeism; report.
Collaborative plan; considerations.
School procedures.
Progressive Discipline.
Effective date.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 9
FOOD CODE
7-901
7-902
7-903
7-904
7-905
7-906
7-907
7-908
7-909
7-910
7-911
7-912
7-913
7-914
7-915
7-916
7-917
7-918
7-919
7-920
7-921
7-922
7-923

Food Code.
Food safety, illness prevention and
honest presentation.
Statement.
Statement of application and listing of
terms.
Person in Charge.
Clean Condition.
Cleaning Procedure.
When to Wash.
Clean Condition.
Eating, Drinking, or Using Tobacco.
Discharge from the Eyes, Nose or
Mouth.
Food.
Characteristics.
Nonfood-Contact Surfaces.
Equipment and Utensils.
Food-Contact Surfaces.
Nonfood-Contact Surfaces.
Approved System.
Outdoor Enclosure.
Receptacles.
Outside Receptacles.
Storing Refuse, Recyclables, and
Returnables.
Areas, Enclosures, and Receptacles,
Good Repair.

7-924
7-925
7-926
7-927
7-928
7-929
7-930
7-931
7-932
7-933
7-934
7-935
7-936
7-937
7-938
7-939
7-940
7-941
7-942
7-943
7-944

Surface Characteristics.
Handwashing Cleanser, Availability.
Mechanical.
Maintaining Premises, Unnecessary Items
and Litter.
Prohibiting Animals.
Separation of poisonous or toxic materials.
Poisonous or toxic materials; Restriction.
Conditions of Use.
Rodent Bait Stations.
Public Health Protection.
Preventing Health Hazards, Provisions for
Conditions Not Addressed.
Modifications and Waivers.
Prerequisite for Operation.
Form of Submission.
Qualifications and Responsibilities of
Applicants.
Contents of Application.
Existing Establishments, Permit Renewal,
and Change of Ownership.
Denial of Application for Permit, Notice.
Revocation.
Appeal.
Responsibilities of Permit Holder.

TITLE 7
ARTICLE 10
CORONER
7-1000
7-1001
7-1002
7-1003
7-1004
7-1005
7-1006

Appointment of coroner; qualifications;
vacancies.
Investigations and inquests.
Expenses.
Witnesses; fees.
Oath of witnesses.
Testimony; filing.
Witness bound over; return.

l

7-1007 Burial.
7-1008 Bodies; effects; custody.
7-1009 Certificates of death.
7-1010 Expenses.
7-1011 Fingerprinting of unidentified deceased
person.
7-1012 Coroner removal of pituitary gland during
autopsy.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 11
WINNEBAGO DRUG-FREE WORK PLACE
(Revised June 13, 2012)
7-1101
7-1102
7-1103
7-1104
7-1105
7-1106
7-1107
7-1108
7-1109

Citation.
Purpose.
Definitions.
Statement of policy on drugs.
Statement of policy on alcohol.
Zero tolerance policy.
Education and training of employees.
Drug and alcohol testing procedures;
reasonable suspicion.
Random drug and alcohol testing.

7-1110 Drug test results.
7-1111 Alcohol test results.
7-1112 Refusal to submit.
7-1113 Positive test results.
7-1114 Release of test results.
7-1115 Laboratory facility.
7-1116 Applicants; generally.
7-1117 Prohibited acts; penalties.
7-1118 Supervisor responsibility.
7-1119 Consent to jurisdiction.

li

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 12
WINNEBAGO WORKER’S COMPENSATION
7-1201
7-1202
7-1203
7-1204
7-1205
7-1206
7-1207
7-1208
7-1209
7-1210
7-1211
7-1212
7-1213
7-1214
7-1215
7-1216
7-1217
7-1218
7-1219
7-1220
7-1221
7-1222
7-1223
7-1224
7-1225

Purpose.
Effective Date.
Scope and Exclusive Remedy.
Sovereign Immunity.
Acknowledgment of Program
and Notice to Covered Employees.
Definitions.
Notice of Injury to Employer & Filing
of Claim with Administrator.
Administrator.
Time Limit for Filing of Claim.
Medical Treatment of Covered
Employee.
Independent Medical Examination.
Effect of Refusal or Obstruction
of Examination or Treatment.
Access to Medical Records and
Medical Reports.
Aggravation of Pre-existing Injury.
Disclosure of Pre-existing Disabilities.
False Statement or Representation in
Employment Application.
Benefits Mistakenly Awarded by
Administrator.
Benefits Mistakenly Awarded by
the Worker’s Compensation Appeals
Committee.
Benefits Induced by Proven Fraud.
Right to Occupational Injury Benefits.
Employer’s Liability to Medical,
Surgical and Hospital Services.
Selection of Treating Physician by
Administrator.
Return to Work Form.
Waiver by Covered Employee Invalid.
Other Benefits Not Factors.

7-1226
7-1227
7-1228
7-1229

7-1230
7-1231
7-1232
7-1233
7-1234
7-1235
7-1236
7-1237
7-1238
7-1239
7-1240
7-1241
7-1242
7-1243
7-1244
7-1245
7-1246

lii

Defenses to Liability Denied.
Average Weekly Wage.
Maximum and Minimum Weekly
Benefits.
Compensation; Schedule; Total
Partial, and Temporary Disability;
Injury to Specific Parts of the
Body; Amounts and Duration of
Payments.
Exclusions from Coverage.
Waiting Period for Benefits.
Injuries Causing Death.
Computation of Payments of
Death Benefits.
Death Benefit Compensation
Schedule.
Death of Covered Employee Ends
Disability Payments.
Burial Expenses.
Waiting Time Penalty.
Worker’s Compensation Appeals
Committee.
Procedures for Disputed Claims.
Hearing Request Procedures.
Experts.
Liability of Third Person to
Injured
Covered
Employee;
Subrogation Powers.
Third Party Claim Procedures
and Notice.
Third Party Claims & Attorney
Fees.
Third Party Claims; Settlement
Requirements.
Awards.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 13
FLOOD DAMAGE PREVENTION CODE
(Revised July 17, 2024)
7-1301
7-1302
7-1303
7-1304
7-1305
7-1306
7-1307
7-1308
7-1309
7-1310
7-1311

Statutory Authorization.
7-1312 Establishment of Development Permits.
Findings of Fact.
7-1313 Administrator.
Statement of Purpose.
7-1314 Duties and Responsibilities of the
Methods of Reducing Flood Losses.
Administrator.
Definitions.
7-1315 Variance Procedures.
Land to Which This Article Applies.
7-1316 General Standards for Flood Hazard
Basis for Establishing the Area of Special
Reduction.
Flood Hazard.
7-1317 Specific Standards for Flood Hazard
Penalties for Non-Compliance.
Reduction.
Abrogation of Greater Restrictions.
7-1318 Before Regulatory Floodway.
Interpretation.
7-1319 Floodways.
Warning and Disclaimer of Liability.
TITLE 7
ARTICLE 14
WINNEBAGO POLLUTION CONTROL CODE

7-1400 Citation.
7-1401 Definitions.
7-1402 Pollution emissions and abatement.
7-1402.1 Abatement required.
7-1403 Exemption.
7-1404 Use of notification.
7-1405 Notification and approval of potential
emission facility.
7-1406 Livestock feedlots.
7-1407 Cause of action for abandonment of
hazardous waste on property of another.
7-1408 Livestock odor.

7-1409
7-1410
7-1411
7-1412
7-1413
7-1414
7-1415
7-1416
7-1417
7-1418

Authority to issue penalty orders.
Amount of penalty; considerations.
Corrective order.
Definitions.
PCB: prohibited use.
Definitions.
Exemptions.
Monitoring.
Contents labeled.
Environmental protection requirements.

TITLE 7
ARTICLE 15
LANDLORD TENANT RELATIONS
7-1501
7-1502
7-1503
7-1504
7-1505
7-1506

Applicability.
Definitions.
Rental Agreement.
Security Deposit.
Eviction for Possession of a Controlled
Substance.
Utilities and Waste Disposal.

7-1507
7-1508
7-1509
7-1510
7-1511
7-1512
7-1513

liii

Termination.
Rights and Obligations of Landlord.
The Rights and Obligations of Tenant.
Landlord Remedies.
Tenant Remedies.
Notification.
Winnebago Tribal Housing Committee.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 16
SEX OFFENDER REGISTRATION
(Adopted May 25, 2011)
7-1601
7-1602
7-1603
7-1604
7-1605
7-1606
7-1607
7-1608
7-1609
7-1610
7-1611
7-1612
7-1613
7-1614
7-1615
7-1616
7-1617
7-1618
7-1619
7-1620
7-1621
7-1622
7-1623
7-1624
7-1625
7-1626
7-1627
7-1628
7-1629
7-1630
7-1631
7-1632
7-1633
7-1634
7-1635
7-1636
7-1637
7-1638
7-1639
7-1640

Citation.
Purpose and Legislative Intent.
Effective Date.
Construction of rules.
References to federal law incorporated.
Creation of Sex Offender Registry.
Creation of public Sex Offender Registry
website.
Cooperative Agreement with the State of
Nebraska permitted.
Definitions.
Covered offenses.
Tier 1 offenses; sex offenses.
Tier 1 offenses; offenses involving
minors.
Tier 1 offenses; certain tribal offenses.
Tier 1 offenses; certain federal offenses.
Tier 1 offenses; certain military offenses.
Tier 2 offenses; recidivism and felonies.
Tier 2 offenses; offenses involving
minors.
Tier 2 offenses; certain tribal offenses.
Tier 2 offenses; certain federal offenses.
Tier 2 offenses; certain military offenses.
Tier 3 offenses; recidivism and felonies.
Tier 3 offenses; general offenses.
Tier 3 offenses; certain tribal offenses.
Tier 3 offenses; certain federal offenses.
Tier 3 offenses; certain military offenses.
Required information; general
requirements.
Criminal history.
Date of Birth.
DNA sample.
Driver’s licenses, identification cards,
passports, and immigration documents.
Employment information.
Finger and palm prints.
Internet identifiers.
Name.
Offense Information.
Phone numbers.
Picture.
Physical description.
Professional licensing information.
Residence address.

7-1641
7-1642
7-1643
7-1644
7-1645
7-1646
7-1647
7-1648
7-1649
7-1650
7-1651
7-1652
7-1653
7-1654
7-1655
7-1656
7-1657
7-1658
7-1659
7-1660
7-1661
7-1662
7-1663
7-1664
7-1665
7-1666
7-1667
7-1668
7-1669
7-1670
7-1671
liv

School.
Social Security Number.
Temporary lodging.
Vehicle information.
Frequency.
Reduction of registration periods.
Clean record.
Requirements for in person appearances.
Where registration is required;
jurisdiction of conviction.
Where registration is required;
jurisdiction of incarceration.
Where registration is required;
jurisdiction of residence.
Where registration is required;
jurisdiction of employment.
Where registration is required;
jurisdiction of school attendance.
Where registration is required;
jurisdiction of where may be found.
Timing of registration; timeframe.
Timing of registration; duties of Chief
of Police.
Retroactive registration.
Timing of recapture.
Keeping registration current; jurisdiction
of residency.
Keeping registration current; jurisdiction
of school attendance.
Keeping registration current; jurisdiction
of employment.
Keeping registration current; duties of
Chief of Police.
Failure to appear for registration and
absconding; failure to appear.
Failure to appear for registration and
absconding; absconded sex offenders.
Failure to appear for registration and
absconding; failure to register.
Website.
Dru Sjodin National Sex Offender
Public Website.
Required website information.
Prohibited website information.
Witness protection.
Law enforcement notification.
December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 16
SEX OFFENDER REGISTRATION
(Adopted May 25, 2011)
(continued)
7-1672
7-1673
7-1674
7-1675
7-1676

Community notification.
No waiver of immunity.
Good faith.
Violation; criminal offense.
Violation; civil penalty.

7-1677
7-1678

Hindrance of sex offender registration;
criminal offense.
Hindrance of sex offender registration;
civil penalty.

TITLE 7
ARTICLE 17
SEX OFFENDER RESTRICTIONS
(Adopted October 19, 2011)
7-1701 Purpose.
7-1702 Definitions.
7-1703 Residency restrictions; general.
7-1704 Residency restrictions; civil penalty.
7-1705 Residency restrictions; tribal property

7-1706 Measurement of distance.
7-1707 Renting to a sex offender.
7-1708 Exclusion zones.
7-1709 Exclusion zones; civil penalty.
7-1710 Effective date.

TITLE 7
ARTICLE 18
WHISTLE BLOWER PROTECTION
(Adopted October 5, 2015)
7-1801
7-1802
7-1803
7-1804
7-1805
7-1806
7-1807
7-1808

Citation.
Purpose.
Scope.
Authority.
Definitions.
Employee’s Duty to Report.
Reports of Criminal Activity.
Reports of Mismanagement, Waste,
Abuse, or Dangers to Public Health or
Safety.

lv

7-1809
7-1810
7-1811
7-1812
7-1813
7-1814
7-1815
7-1816

Retaliation Prohibited.
Reporting that is not Protected.
False Claims.
Cause of Action.
Limited Waiver of Sovereign Immunity.
Limited Remedies.
Exclusive Jurisdiction and Sovereign
Immunity.
Effective Date.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 7
ARTICLE 19
SETTLING PARTICIPANT BRAND LISTING ACT
(Adopted December 22, 2015)
7-1901
7-1902
7-1903

Citation.
Purpose.
Definitions.

7-1904
7-1905
7-1906

Brand Listing.
Restrictions on Conduct.
Enforcement Action.

TITLE 7
ARTICLE 20
PUBLIC HEALTH CODE
(Adopted December 15, 2021)
7-2001 Citation.
7-2002 Purpose.
7-2003 Definitions.
7-2004 Declaration.
7-2005 Isolation and Quarantine.

7-2006 Enforcement.
7-2007 Sovereign Immunity.
7-2008 Severability.
7-2009 Effective Date.

TITLE 7
ARTICLE 21
SEXUALLY TRANSMITTED DISEASES AND MINORS
(Adopted July 17, 2024)
7-2101 Sexual Transmitted Diseases;
Enumerated.
7-2002 Sexually Transmitted Diseases;
Minors; Treatment Without Consent.

7-2103 Confidentiality of Minor
Diagnosis and Treatment.

lvi

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 8
NATURAL RESOURCES
(Revised January 23, 2025)
ARTICLE 1
WILDLIFE AND PARKS
GENERAL PROVISIONS
8-101
8-102
8-103
8-104

Authority.
Policy.
Intent.
Effective Date.

8-105
8-106

Winnebago Wildlife and Parks
Commission.
Name.

AGREEMENTS
8-107

8-108

Cooperative and reciprocal agreements.
DEFINITIONS

Definitions, interpretations.

WILDLIFE AND PARKS COMMISSION REGULATIONS
8-109
8-110
8-111
8-112
8-113
8-114

Regulations and statutes: contents.
Powers.
Officers’ duties.
Search.
Authority to enter private land.
Seizure without warrant.

8-115
8-116
8-117
8-118
8-119

Forfeiture.
Civil liability.
Maximum penalties.
Non-game species.
Waiver provision.

LICENSE INFORMATION
8-120
8-121
8-122
8-123
8-124
8-125

Residency.
Application for a license.
Validating licenses.
License classes and fees.
Special permits.
Basic license requirements.

8-126
8-127
8-128
8-129
8-130

lvii

Number of licenses issued.
Season limitations.
Bag limits.
Lost licenses.
Revoked licenses.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
WATERFOWL
8-131
8-132
8-133
8-134
8-135
8-136

Waterfowl regulations.
Restrictions.
Closed season.
Shooting or hawking hours.
Field possession limit.
Wanton waste.

8-137
8-138
8-139
8-140
8-141

Tagging.
Possession of live birds.
Dressing.
Shipment.
[Reserved.]

BIG GAME REGULATIONS
8-142
8-143
8-144
8-145

Shooting hours.
Firearms.
Bow and arrow.
Legal animals.

8-146
8-147
8-148
8-149

Non-licensees.
Tagging and transportation.
Hunter orange.
Big game hunting.

RESTRICTIONS
8-150
8-151
8-152
8-153
8-154
8-155
8-156
8-157
8-158

Restrictions.
Flagging.
Visible bait.
Raw furs.
Trap checking.
Live furbearers.
Fishing regulations.
Trespass.
Retrieval.

8-159
8-160
8-161
8-162
8-163
8-164
8-165
8-166

Harassment.
Livestock and fences.
Closed areas.
Motor vehicles.
Artificial light.
Inspection.
Threatened and endangered species.
Bobcats.

FIREARMS POLICY
8-167
8-168
8-169
8-170
8-171
8-172
8-173

Definitions.
Firearms policy.
Administration of firearms.
Firearms; record.
Initial qualification requirements.
Procedures when a firearm is used.
Responsibility of the Senior
Conservation Officer.

8-174
8-175
8-176
8-177
8-178

lviii

Responsibility of the Department of
Wildlife and Parks Supervisor.
Responsibility of the Chief Administrative
Officer.
Medical standards.
Misconduct.
Special permits.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 8
ARTICLE 2
WATER MANAGEMENT
(Revised January 23, 2025)
8-201
8-202
8-203
8-204
8-205
8-206
8-207
8-208

Purposes.
Major Actions.
Definitions.
Severability.
Composition of the Committee.
Committee Chairperson.
Committee Meetings.
Duties.

8-209
8-210
8-211
8-212
8-213
8-214
8-215

Committee Member Provisions.
Listing of Current Uses.
Water Resource Information.
Public Cooperation.
Declarations of New Water Use.
Inventory Update.
Committee and Administrator
Responsibilities.

TITLE 8
ARTICLE 3
HEMP
(Revised September 24, 2024)
8-310 Other License Requirements and
Restrictions.
8-311 Lot Permits.
8-312 Reporting and Recordkeeping.
8-313 Sampling and Testing.
8-314 Annual Inspections of a Random Hemp
Sample.
8-315 Transporting Hemp.
8-316 Crop Destruction and Remediation.
8-317 Penalties.

8-301 Authority.
8-302 Citation.
8-303 Policy and Purpose.
8-304 Jurisdiction.
8-305 Definitions.
8-306 Hemp Program.
8-307 Hemp Oversight and Licensing
Commission
8-308 Hemp License Applications.
8-309 Hemp License Application Contents.

TITLE 8
ARTICLE 4
CULTURAL RESOURCE PROTECTION CODE
(Adopted March 14, 2018)
8-401 Authority.
8-402 Intent and Purpose.
8-403 Definitions.
8-404 Tribal Historic Preservation Officer.
8-405 Cultural Resource Review Process.
8-406 Determination of Adverse Effects.

8-407 Mitigation of Adverse Effects.
8-408 Tribal Monitors.
8-409 Enforcement.
8-410 Protection of Cultural Materials.
8-411 Permits.
8-412 Confidentiality and Disclosure.

lix

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 9
GAMING
(Amended and Restated as of February 22, 2013)
ARTICLE 1
DEFINITIONS AND GENERAL PROVISIONS
9-101
9-102
9-103
9-104

Definitions.
Gaming permitted.
Tribe as sole owner.
Application of gaming revenues.

9-105
9-106
9-107
9-108

Distribution limitation.
Management authorized.
Governing laws.
Purpose.

TITLE 9
ARTICLE 2
TRIBAL GAMING COMMISSION
9-201 Establishment and composition of
commission.
9-202 Qualifications of commissioners.
9-203 Meetings.
9-204 Resignation.
9-205 Removal.
9-206 Commission office.
9-207 Monthly reports.

9-208
9-209
9-210
9-211
9-212
9-213

Powers and duties of the gaming
commission.
Compensation and expenses.
Commission budget.
Commission records.
Financial interest prohibited.
Rules.

TITLE 9
ARTICLE 3
LICENSING PROVISIONS
9-301
9-302
9-303
9-304

Required licenses.
Facility license.
Operator’s license.
Licensing of employees and key
employees.
9-305a License for distributor and suppliers.
9-305b Machine licenses.
9-305 c
Vendor license.
9-306 Provisional license.
9-307 Notification to national commission.
9-308 Certification of gaming devices; seizure of
contraband authorized.
9-309 Access to premises and records.

9-310
9-311
9-312
9-313
9-314
9-315
9-316
9-317
9-318
9-319
9-320
9-321

lx

All information confidential.
Duration of licenses.
License suspension; revocation.
Forms of licenses.
License application fee.
Background investigations.
Eligibility determination.
Forwarding applications and reports to the
national commission.
Report to the national commission.
Granting a gaming license.
Application forms.
Burden of proof.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 9
ARTICLE 4
CLASS II GAMING
9-401 Gaming regulated.

9-402

Games authorized.

TITLE 9
ARTICLE 5
CLASS III GAMING
9-501
9-502
9-503
9-504
9-505
9-506

Gaming regulated.
Games authorized.
Gaming rules.
Rules displayed.
Gaming devices.
Security.

9-507
9-508
9-509
9-510
9-511

Commission rules.
Right of entry and inspection.
No credit.
Notification of violations.
Surveillance.

TITLE 9
ARTICLE 6
VIOLATIONS; PENALTIES
9-601
9-602
9-603
9-604
9-605

Role of Tribal prosecutor.
Tribal Court jurisdiction.
Prohibited acts.
Criminal violations penalties.
Civil violations.

9-606
9-607
9-608
9-609
9-610

Civil penalties.
Consent to jurisdiction.
Civil actions.
Administrative hearings.
Agent for service.

TITLE 9
ARTICLE 7
MISCELLANEOUS PROVISIONS
9-701
9-702
9-703
9-704
9-705
9-706
9-707

Sovereignty not waived.
Audits.
Contracts subject to audit.
Public safety.
Unclaimed winnings.
Saving clause.
Short title.

9-708
9-709
9-710
9-711
9-712
9-713

lxi

Repeal of prior law.
Customer disputes.
Customer rights regarding disputes.
Gaming commission action on customer
disputes.
Right to exclude or remove.
Review and approval of gaming contracts.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 10
GENERAL REVENUE AND TAX CODE
(As amended February 17, 2010)
TITLE 10
ARTICLE 1
TAXATION
10-101
10-102
10-103
10-104
10-105
10-106
10-107
10-108
10-109
10-110
10-111
10-112
10-113

Citation.
Purpose.
Tax Commission.
Composition of the Tax Commission.
Seal.
General Powers of the Tax Commission.
Rulemaking Authority.
Forms.
Tax Stamps and Licenses.
Records.
Bookkeeping.
Collection Account; Deposits.
Tax Commission Employees and
Expenses.
10-114 Nepotism.
10-115-119
Reserved.
10-120 Collection of Taxes.
10-121 Collection of Delinquent Taxes.
10-122 Other Remedies.
10-123 Inventory of Seized Property.
10-124 Public Sale of Forfeited Property.

10-125
Exempt Property.
10-126-10-150 Reserved.
10-151
Administrative Appeals.
10-152
Limitations on Administrative Appeals.
10-153
Exhaustion of Administrative Remedies.
10-154
Suits against the Tax Commission.
10-155
Limitations on Suits against the Tax
Commission.
10-156
Refunds to Taxpayers.
10-157-10-180 Reserved.
10-181
Forgery of Stamps or other tax
instruments.
10-182
Offenses.
10-183
General Penalties.
10-184
Referrals for Federal Prosecution.
10-185
Interest.
10-186
Commencement of Actions.
10-187
Taxes Erroneously paid.
10-188
Penalties.
10-189
Records.

TITLE 10
ARTICLE 2
SALES TAX
10-200
10-201
10-202

Definitions.
Tax on sales of goods.
Exceptions.

10-203
10-204
10-205

Impact of tax.
Payment of tax.
Permit System.

TITLE 10
ARTICLE 3
GASOLINE TAX
10-300
10-301
10-302

Definitions.
Tax on sales of gasoline.
Exceptions.

10-303
10-304
10-305

lxii

Impact of tax.
Collection of tax.
Payment of tax.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 10
ARTICLE 4
CONSTRUCTION TAX
10-400
10-401
10-402

Definitions.
Construction Tax.
Subcontractors.

10-403 Payment Requirements.
10-404 Material Purchase Certificates.
10-405 State and Local Taxation.
TITLE 10
ARTICLE 5
BINGO TAX
[Repealed January 1, 2016]
[TCR 05-39, 16-39]
TITLE 10
ARTICLE 6
TOBACCO TAX

10-600
10-601
10-602
10-603
10-604

Definitions.
Sales of Tribal Cigarettes.
Internet Sales of Tribal Cigarettes.
Other Tribal Tobacco Products.
Compact Exceptions.

10-605
10-606
10-607
10-608
10-609

Wholesale Exceptions.
Impact of Tax.
Tax Collection.
Payment of Tax.
Effective Date.

TITLE 10
ARTICLE 7
HOTEL LODGING TAX
(As adopted January 16, 2012)
10-700
10-701
10-702
10-703
10-704

Definitions.
Imposition of Tax; Exemptions.
Records.
Returns.
Payment of Tax.

10-705
10-706
10-707
10-708

lxiii

Assessment and Determination of Tax.
Notices.
Licenses and Registration.
Interest and Penalties.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 11
BUSINESS CORPORATION CODE
ARTICLE 1.00
CITATION; DEFINITIONS
11-001

Citation.

11-011 Definitions.
ARTICLE 1.02
APPLICATION

11-021
11-041

Repeal of previous business corporation
code.
Reservation of right.

11-061 Corporations wholly owned by the Tribe.
11-081 Sovereign immunity of the Tribe not
waived.

ARTICLE 1.10
INCORPORATION; ARTICLES
11-101
11-105
11-111
11-115
11-117
11-121
11-123
11-131

Purposes.
Incorporators.
Articles.
Corporate name.
Reserved name.
Registered office; registered agent.
Change of registered office or registered
agent; change of name of registered
agent.
Amendment of Articles.

11-133 Procedure for amendment before
issuance of shares.
11-135 Procedure for amendment after issuance
of shares.
11-137 Class or series voting on amendments.
11-139 Articles of amendment.
11-141 Effect of amendment.
11-151 Filing articles.
11-153 Effective date of articles.
11-155 Presumption; Certificate of Incorporation.

ARTICLE 1.16
POWERS
11-161
11-163

Powers.
Corporate seal.

11-165 Effect of lack of power; ultra vires.

ARTICLE 1.17
ORGANIZATION; BYLAWS
11-171

Organization.

11-181 Bylaws.

lxiv

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
ARTICLE 2
BOARD
11-201
11-203
11-205
11-207
11-209
11-211
11-213
11-215
11-221
11-223

Board.
Number.
Qualifications; election.
Terms.
Acts not void or voidable.
Compensation.
Classification of directors.
Cumulative voting for directors.
Resignation.
Removal of directors.

11-225
11-231
11-233
11-235
11-237
11-239
11-241
11-251
11-255

Vacancies.
Board meetings.
Absent directors.
Quorum.
Act of the board.
Action without meeting.
Committees.
Standard of conduct.
Director conflicts of interest.

ARTICLE 3
OFFICERS
11-301
11-305
11-311
11-315
11-321

Officers required.
Duties of required officers.
Other officers.
Multiple offices.
Officers deemed elected.

11-331
11-341
11-351
11-361

Contract rights.
Resignation; removal; vacancies.
Delegation.
Standard of conduct.

ARTICLE 4
SHARES; SHAREHOLDERS
11-401
11-402
11-403
11-405
11-413
11-417
11-419
11-423
11-425
11-429
11-431
11-433

Authorized shares.
Share dividends, divisions, and
combinations.
Subscriptions for shares.
Consideration for shares; value and
payment; liability.
Preemptive rights.
Share certificates; issuance and contents;
uncertificated shares.
Lost share certificates; replacement.
Fractional shares.
Liability of subscribers and shareholders
with respect to shares.
Restriction on transfer or registration of
securities.
Regular meetings of shareholders.
Special meetings of shareholders.

11-435 Notice.
11-436 Electronic communications.
11-437 Act of the shareholders.
11-441 Action without a meeting.
11-443 Quorum.
11-445 Voting rights.
11-447 Voting of shares by organizations and
legal representatives.
11-449 Proxies.
11-453 Voting trusts.
11-455 Shareholder voting agreements.
11-457 Shareholder control agreements.
11-461 Books and records; inspection.
11-463 Financial statements.
11-467 Equitable remedies.
11-471 Rights of dissenting shareholders.
11-473 Procedures for asserting dissenter’s rights.

lxv

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
ARTICLE 5
LOANS; OBLIGATIONS; DISTRIBUTIONS
11-501
11-505
11-521
11-551
11-553

Loans; guarantees; suretyship.
Advances.
Indemnification.
Distributions.
Powers to acquire shares.

11-557 Liability of shareholders for illegal
distributions.
11-559 Liability of directors for illegal
distributions.

ARTICLE 6
MERGER, EXCHANGE, TRANSFER
(As revised March 30, 2015)
11-600
11-601
11-611
11-613
11-615
11-621

Definitions
Merger, exchange, transfer.
Plan of merger or exchange.
Plan approval.
Articles of merger or
certificate.
Merger of subsidiary.

exchange;

11-631 Abandonment.
11-641 Effective date of merger or exchange;
effect.
11-651 Merger or exchange with foreign
corporation.
11-661 Transfer of assets; when permitted.

ARTICLE 7
DISSOLUTION
11-701
11-711
11-721
11-723
11-727
11-729
11-731
11-734
11-741
11-751
11-753

Methods of dissolution.
Voluntary dissolution by incorporators.
Voluntary dissolution by shareholders.
Filing notice of intent to dissolve; effect.
Dissolution procedure for corporations
that give notice to creditors and
claimants.
Dissolution procedure for corporations
that do not give notice.
Revocation of dissolution proceedings.
Effective date of dissolution; certificate.
Supervised voluntary dissolution.
Judicial intervention; equitable
remedies or dissolution.
Procedure in involuntary or supervised
voluntary dissolution.

11-755 Qualifications of receivers; powers.
11-757 Action by Tribal Council.
11-759 Filing claims in proceedings to dissolve.
11-761 Discontinuance of dissolution
proceedings.
11-763 Decree of dissolution.
11-765 Filing decree.
11-771 Deposit with Tribal Treasurer of amount
due certain shareholders.
11-781 Claims barred; exceptions.
11-783 Right to sue or defend after dissolution.
11-791 Omitted assets.

ARTICLE 8.01
EXTENSION
11-801

Extension after duration expired.

11-805 Effect of extension.

lxvi

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
ARTICLE 8.21
CORPORATE REGISTRATION
11-821

Winnebago Tribal corporate registration.
ARTICLE 9
ACTIONS AGAINST CORPORATIONS

11-901

Service of process on corporation.

11-917 Court action; remedies and penalties.

ARTICLE 10
CORPORATIONS WHOLLY OWNED BY THE TRIBE
11-1001
11-1002
11-1003
11-1010
11-1021

Scope.
Application.
Special powers, privileges and
immunities of corporations wholly
owned by the Tribe.
Board.
Shares in corporations wholly
owned by the Tribe; shareholders;
voting.

11-1022
11-1023
11-1030
11-1091

Liability of Tribe as shareholder.
Shareholder meetings.
Assets, distribution of income.
Voluntary dissolution by incorporators.

ARTICLE 11
EFFECTIVE DATE AND AUTHORITY
11-1101
11-1111

Severability; effect of invalidity of part
of this Code.
Effective date.

11-1113
11-1117

lxvii

Authority.
No impairment of contracts.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
ARTICLE 12
CONVERSION
(As adopted March 30, 2015)
11-1201 Definitions.
11-1202 Conversion.
11-1203 Conversion of Domestic Corporation
into Another Business Entity.
11-1204 Plan of Conversion for Domestic
Corporation into Another Business
Entity.
11-1205 Filing of Certificate of Conversion for
Domestic Corporation Converting into
Another Business Entity.
11-1206 Effect of Conversion of Domestic
Corporation into Another Business
Entity.

11-1207 Conversion of Business Entity into a
Domestic Corporation.
11-1208 Plan of Conversion for Business Entity
into a Domestic Corporation.
11-1209 Effect of Conversion of Business Entity
into Domestic Corporation.
11-1210 Articles of Entity Conversion.
11-1211 Surrender of Charter Upon Conversion.
11-1212 Articles Not Exclusive.

ARTICLE 13
DOMESTICATION
(As adopted March 30, 2015)
11-1301
11-1301
11-1303
11-1304

Domestication.
Action on a Plan of Domestication.
Articles of Domestication.
Surrender of Charter Upon
Domestication.

11-1305
11-1306
11-1307

lxviii

Effect of Domestication.
Abandonment of Domestication.
Article not exclusive.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 11A
BUSINESS REGULATION AND ECONOMIC DEVELOPMENT
ARTICLE 2
WINNEBAGO INDUSTRIAL DEVELOPMENT FINANCING SERVICE ACT
(As redesignated March 9, 1994)
11A-201
11A-202
11A-203
11A-204
11A-205
11A-206
11A-207
11A-208
11A-209
11A-210
11A-211
11A-212
11A-213
11A-214

Citation and special definition.
Establishment and purpose of the
Winnebago Industrial Development
Financing Service.
Tribal credit officer to operate service,
business of Industrial Development
Financing Service.
Federal Deposit Insurance Corporation
Act.
Pledge of assets generally.
Indemnification for defending suits.
Property acquisition.
Engagement of officers and employees.
Removal and discharge of appointees.
Capital of Industrial Development
Financing Service.
Tribal funds to be deposited in the
Winnebago Industrial Development
Financing Service.
Non-liability of officers and sureties
after deposit.
Deposits may be received from any
source.
Deposits to credit of other financing
services.

11A-215
11A-216
11A-217
11A-218
11A-219
11A-220
11A-221
11A-222
11A-223
11A-224
11A-225
11A-226
11A-227
11A-228
11A-229

Guaranty of deposits-exemption from
taxation.
Interest rates; time deposits;
limitations; charges.
Deposits may be made in any bank.
Financing service may make loans.
Loans to treasury account authorized.
Investments in government sponsored
stocks.
Fund transfers to Tribal departments;
how credited.
Warrants against transferred funds.
Assignment patents and sales of land
acquired through foreclosure.
Name in which business conducted;
execution of industrial instruments.
Civil actions against financing service.
Surety not required for financing
service in civil actions.
No execution of financing service
property.
Audit of financing service accounts and
records.
Indian Financing Act authorization.

UTILIZATION OF FINANCING SERVICE IN
INDUSTRIAL DEVELOPMENT
11A-230
11A-231
11A-232
11A-233
11A-234
11A-235
11A-236

Declaration and finding of public
purpose.
Financing service advisory board.
Authority of board; capital pool
created.
Minimum standards for loans from
capital pool.
Mortgage program administration.
Purpose.
Definitions.

11A-237
11A-238
11A-239
11A-240
11A-241
11A-242
11A-243
11A-244

lxix

Powers.
Default by mortgagors.
Mortgage insurance fund.
Insurance of mortgages.
Mortgage insurance premiums.
Expenses.
Mortgages eligible for investment.
Limitation; credit of financing service
and Tribe not pledged.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 11A
ARTICLE 3
WINNEBAGO ECONOMIC DEVELOPMENT ACT OF 1989
(As redesignated March 9, 1994)
GENERAL PROVISIONS
11A-301
11A-302

Citation.
Declaration of need and legislative
findings.

11A-303
11A-304

Purposes.
Definitions.

BOARD OF TRUSTEES
11A-305
11A-306
11A-307
11A-308
11A-309

Economic development authority
created.
Board created; number.
Appointment of board members.
Qualifications of board members.
Term of office.

11A-310
11A-311
11A-312
11A-313
11A-314
11A-315

Officers.
Removal of board members.
Compensation to be paid.
Quorum.
Duties of officers.
Meetings.

POWERS OF THE AUTHORITY
11A-316
11A-317
11A-318

Period of existence.
Power to sue and be sued.
General powers.

11A-319
11A-320

Securing financial assistance.
Certain property laws do not apply.

OBLIGATIONS
11A-321
11A-322
11A-323
11A-324

Authority to issue obligations.
No personal liability on obligations.
No Tribal liability on obligations.
Obligations are tax exempt.

11A-325
11A-326
11A-327
11A-328

Manner of issuance and sales.
Obligations are negotiable.
Security for obligations.
Actions to be filed for record.

MISCELLANEOUS PROVISIONS
11A-329
11A-330
11A-331
11A-332
11A-333
11A-334

Reports.
Acquisition of interests prohibited.
Compliance with federal law.
Fidelity bonds.
Property of authority as public
property.
No execution on authority property.

lxx

11A-335
11A-336
11A-337
11A-338
11A-339
11A-340
11A-341

Personal policies to be enacted.
Judicial notice.
Special certificate of incorporation.
Separability of provisions.
Records and audit.
Authorization of appropriations.
Rules, regulations and procedures.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
MANAGEMENT OF TRIBAL ENTERPRISES
11A-342 General management provisions.
11A-343 Achieving independent status as
a Tribal enterprise.

11A-344

lxxi

Chartering of independent Tribal
enterprises.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 11B
LIMITED LIABILITY COMPANY CODE
(As adopted January 13, 2010)
ARTICLE 1
GENERAL PROVISIONS
11B-101
11B-102
11B-103
11B-104
11B-105
11B-106
11B-107

Short Title.
Purposes; Sovereign Immunity.
Scope.
Applicable law.
Definitions.
Name.
Registered Office and Registered
Agent.

11B-108
11B-109
11B-110
11B-111
11B-112
11B-113
11B-114

Tribe as an Owner.
Nature of business.
Execution of Documents.
Filing.
Certificate of Status.
Execution by Judicial Act.
Interstate application.

ARTICLE 2
OPERATING AGREEMENT AND DEALING WITH LLC
11B-201 Articles of Organization.
11B-202 Agency Power of Owners and Managers.
11B-203 Admission of Owners and Managers.
11B-204 Knowledge of or Notice to Owner or
Manager.

11B-205
11B-206
11B-207

Liability of Owners to Third Parties.
Parties to Action
Authority to Sue.

ARTICLE 3
OWNERS AND MANAGERS
11B-301
11B-302
11B-303
11B-304

Management.
Duties.
Limitation of Liability and
Indemnification.
Voting.

11B-305
11B-306
11B-307

Records and Information.
Admission of Owners.
Dissociation.

ARTICLE 4
FINANCE
11B-401
11B-402

Contributions.
Liability for Contribution.

11B-403

lxxii

Allocation of Profits and Losses.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
ARTICLE 5
NON-LIQUIDATING DISTRIBUTIONS
11B-501
11B-502
11B-503
11B-504

Interim Distributions.
Allocation of Distributions.
Distribution Upon Partial Redemption.
Distribution Upon Dissociation.

11B-505
11B-506
11B-507
11B-508

Distribution in Kind.
Right to Distribution.
Limitations of Distributions.
Liability for Wrongful Distribution.

ARTICLE 6
OWNERSHIP AND TRANSFER OF PROPERTY
11B-601
11B-602
11B-603
11B-604

Ownership of LLC Property.
Transfer of Property.
Nature of Interest.
Assignment of LLC Interest.

11B-605
11B-606
11B-607

Rights of Judgment Creditor.
Right of Assignee to Become an Owner.
Powers of Legal Representative.

ARTICLE 7
DISSOLUTION
11B-701
11B-702
11B-703
11B-704

Dissolution.
Judicial Dissolution.
Winding Up.
Distribution of Assets.

11B-705
11B-706
11B-707

Articles of Dissolution.
Known Claims Against Dissolved
LLC.
Unknown or Contingent Claims.

ARTICLE 8
MERGER, CONVERSION, AND DOMESTICATION
(As revised March 30, 2015)
11B-801
11B-802
11B-803
11B-804
11B-805
11B-806
11B-807
11B-808
11B-809
11B-810
11B-811
11B-812

Definitions.
Merger.
Approval of Merger.
Plan of Merger.
Articles of Merger.
Effects of Merger.
Right to Object.
Conversion.
Conversions of Domestic LLC into
Another Business Entity.
Plan of Conversion for Domestic LLC
into Another Business Entity.
Filing of Certificate of Conversion for
Domestic LLC.
Effect of Conversion of Domestic
LLC into Another Business Entity.

11B-813
11B-814
11B-815
11B-816
11B-817
11B-818
11B-819
11B-820
11B-821

lxxiii

Conversion of Business Entity into a
Domestic LLC.
Plan of Conversion Business Entity
into a Domestic LLC.
Effect of Conversion of Business
Entity in Domestic LLC.
Domestication.
Action on Plan of Domestication by
Domesticating LLC.
Filings Required for Domestication;
Effective Date.
Effect of Domestication.
Restrictions on Approval of Mergers,
Conversions, and Domestications.
Article Not Exclusive.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
ARTICLE 9
LIMITED LIABILITY COMPANIES WHOLLY-OWNED BY THE TRIBE
SUBPART 1
GENERAL PROVISIONS FOR TRIBALLY-OWNED LLC’S
11B-911
11B-912
11B-913
11B-914

Tribally-Owned Companies.
Tribally-Owned Subsidiary Companies.
Privileges and Immunities.
Ownership.

11B-915
11B-916
11B-917

Project Companies with Non-Tribal
Owners.
Purpose of Tribally-Owned LLC’s.
Waiver of Sovereign Immunity.

SUBPART 2
SPECIAL FORMATION REQUIREMENTS FOR TRIBALLY-OWNED LLC’S
11B-921

Formation.

11B-922

Additional Requirements for the
Articles of Organization.

SUBPART 3
MANAGEMENT OF TRIBALLY-OWNED LLC’S
11B-931

Management.
SUBPART 4
DECISIONS AND VOTING FOR TRIBALLY-OWNED LLC’S

11B-941

Voting.
SUBPART 5
DISTRIBUTIONS FOR TRIBALLY-OWNED LLC’S

11B-951

Distributions of Income.
SUBPART 6
ADDITIONAL REPORTS AND AUDITS

11B-961

Audit.

11B-962

Financial, Business, and Planning
Information.

SUBPART 7
ACTIONS AGAINST TRIBALLY-OWNED LLC’S
11B-971
11B-972

Court Actions By a Tribe Authorized.
Tribal Approval Required.

11B-973

lxxiv

Relief Available.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 12
FAMILY RELATIONS
ARTICLE 1
[Reserved]
TITLE 12
ARTICLE 2
DOMESTIC AND FAMILY VIOLENCE ACT
(As amended and approved December 7, 2005)
12-201
12-202
12-203
12-204
12-205
12-206
12-207
12-208
12-209
12-210
12-211
12-212
12-213
12-214
12-215
12-216
12-217
12-218
12-219
12-220
12-221
12-222

Purpose and Findings.
Definitions.
Domestic or Family Violence; Crime
Involving Domestic or Family Violence;
Penalties; Mandatory Intervention.
Possession of a Firearm.
Duties of Law Enforcement to Victim;
Required Notice.
Determination of Predominant
Aggressor; Required Report.
Mandatory Arrest Provisions.
Authority of Law Enforcement to Seize
Weapons.
Conditions of Release.
Written Procedures for Prosecution.
Duty of Prosecutor to Notify Victim.
Record of Dismissal.
Dismissal Prohibited Due to Civil
Compromise.
Rights of Victims.
Spousal Privileges Inapplicable.
Advocate-Victim Privilege.
Residential Confinement; Visitation in
Home of Victim Prohibited.
Diversion prohibited.
Required Policies and Procedures.
Eligible Petitioners for Protection Orders.
Uniform Documents for Petitions and
Orders; Required Statements; Duties of
Clerk.
Jurisdiction; Venue; Residency not
Required to Petition.

12-223 Continuing Duty to Inform Court of Other
Proceedings; Effect of Other Proceedings;
Delay of Relief Prohibited; Omission of
Petitioner’s Address.
12-224 Emergency Order for Protection;
12-225 Order for Protection; Modification of
Orders; Relief Available Ex Parte; Relief
Available After Hearing; Duties of the
Court; Duration of Order.
12-226 Required Hearings; Duty When Order for
Protection Denied.
12-227 Effect of Action by Petitioner or
Respondent on Order.
12-228 Denial of Relief Prohibited.
12-229 Mutual Orders for Protection.
12-230 Violation of Certain Orders for
Protection.
12-231 Court-ordered and Court-referred
Mediation Prohibited.
12-232 Court Costs and Fees.
12-233 Court-referred Assistance to Victims of
Domestic and Family Violence.
12-234 Full Faith and Credit.
12-235 Mandatory Training.

lxxv

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 12
ARTICLE 3
WINNEBAGO CHILD SUPPORT ENFORCEMENT IV-D PROGRAM ACT;
ESTABLISHMENT AND DUTIES
12-301
12-302
12-303

Act, How Cited.
Purpose.
Definitions.

12-304
12-305

lxxvi

Authority and Responsibility of the
WTN-CSE.
Program Participation and Funding.

December 2025

WINNEBAGO TRIBAL CODE
TABLE OF CONTENTS
TITLE 12
ARTICLE 4
WINNEBAGO PARE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3A1f302d3dfc6c77ab. Public record. Not legal advice.