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Law and Order Code of the Rosebud Sioux Tribe

Additions to code received: 2004

RESOLUTION NO. 91-173

WHEREAS, the Rosebud Sioux Tribe is recognized by the United States of America pursuant to the Indian Reorganization Act of 1934 as amended by an Act of June 15, 1935, which states: "Nothing in the Act. . . shall be construed to abrogate or impair any rights guaranteed under any existing treaty with any Indian tribe. . . and

WHEREAS, the tribal governing body is the Tribal Council exercising power and authority under a Tribal Constitution adopted by a vote of tribal people on November 23, 1935; and

WHEREAS, the Tribal Constitution authorizes the Council by Article IV, Section 1(k) to pass and enforce ordinances to keep law and order, and administer justice by establishing a reservation court and defining its duties and powers; and

WHEREAS, the Tribal Judiciary Committee pursuant to Tribal Ordinance 80-03 adopted February 19, 1980, and amended June 6, 1988, has subject matter review and recommending authority under Section 8, K. "Revisions and codifications of the statutes of the Rosebud Sioux Tribe"; and

WHEREAS, the Tribal Law and Order Code, Title IV, Section 3 provides for amendment by ordinance, including (1) first and second readings at least seven days apart; (2) written amendments during readings to restart the process; (3) resolution for its final form on a roll call vote; (4) approval by the Agency Superintendent; (5) publication within 10 days in a designated newspaper; (6) effective date of 10 days after publication; and (7) recording and certificate of publication by the Tribal Secretary in the Tribal Ordinance Book; and

WHEREAS, the proposed statutory language was reviewed by the Judiciary Committee on May 28, 1991, and it recommended the attached Ordinance for approval by the Tribal Council; now

THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribal Council hereby adopts Ordinance 91-03, entitled INTRODUCTION, ROSEBUD SIOUX TRIBAL, LAW AND ORDER CODE (BLUE BOOK) , and after a first reading on June 13, 1991, and a second reading in final form on July 11, 1991.

CERTIFICATION

This is to certify that the above Resolution No. 91-l73 was duly passed by the Rosebud Sioux Tribal Council in session for a first reading on June 13, 1991, by a vote of nine (9) in favor, zero (0) opposed and one (1) not voting. The second reading was held on July 11, 1991, and passed by a roll call vote of seven (7) in favor, zero (0) opposed and three (3) not voting. The said Resolution was adopted pursuant to authority vested in the Council. A quorum was present.

ATTEST: