Statues & resolutions

PURPOSE

Define the processes by which laws are proposed and enacted.

EXAMPLES

Ho-Chunk Nation (2003)

Section 1. Statutes. All final decisions of the Legislature on matters of permanent interest shall be embodied in statutes. Such enactments shall be available for inspection by members of the Nation during normal business hours.

Section 2. Resolutions. All final decisions on matters of temporary interest where a formal expression is needed shall be embodied in a resolution, noted in the minutes, and shall be available for inspection by members of the Nation during normal business hours.

Section 3. Form. All statutes and resolutions shall be dated and numbered and shall include a certificate of verification.

Section 4. Review. The Legislature shall submit statutes and resolutions to the Secretary of the Interior for approval when required by federal law.

Seminole Tribe (1957)

SECTION 1. All final decisions of the Tribal Council on matters of general and permanent interest to members of the tribe and to tribal administration shall be embodied in ordinances. Each ordinance shall be numbered consecutively beginning with Number 1. Such enactments shall be available for public inspecting.

SECTION 2. All final decisions of the Tribal Council on matters of temporary interest or relating to particular individuals, officials or committees shall be embodied in resolutions. Such resolutions shall be numbered consecutively beginning with Number 1 and shall also be subject to public inspection.

Confederated Salish and Kootenai Tribes (2004)

Section 1. All final decisions of the Council on matters of general and permanent interest to the members of the Confederated Tribes shall be embodied in ordinances. Such ordinances shall be published from time to time for the information and education of the members of the Confederated Tribes.

Section 2. All final decisions of the Council on matters of temporary interest… or relating especially to particular individuals or officials… shall be embodied in resolutions. Such resolutions shall be recorded in a special book, which shall be open to inspection, by members of the Confederated Tribes.

Section 3. All questions of procedure (such as acceptance of Committee reports or invitations to outsiders to speak) shall be decided by action of the Council or by ruling of the Chairman, if no objection is heard. In all ordinances, resolutions or motions the Council may act by majority vote, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement.

Section 4. Legislative forms. Every ordinance shall begin with the words: "Be it enacted by the Council of the Confederated Salish and Kootenai Tribes--."

Section 5. Every resolution shall begin with the words: "Be it resolved by the Council of the Confederated Salish and Kootenai Tribes--." Section 6. Every ordinance or resolution shall contain a recital of the laws of the United States and the provisions of this Constitution under which authority for the said ordinance or resolution is found.

KEY CONCEPTS

Lawmaking is founded on self-determined constitutional procedures

POINTS TO CONSIDER

• Is federal approval desired and/or needed?

• Clear specification of procedures for passage, including mechanisms for dealing with deadlock