Home

Tribal Law Gateway |   Sac & Fox Tribe of the Mississippi in Iowa (Meskwaki)   |  Code


Sac & Fox Tribe of the Mississippi in Iowa (Meskwaki) - Code
Table of Contents

This page was updated: October 2014

The links below will take you to the version of the code available on the tribe's website. Please contact the library for assistance.

Table of Contents

Title 1. General Provisions
Article I. Tribal Enactments
Chapter 1. Ordinances and Resolutions

Sec. 1-1101. Maintenance of Enactments
Chapter 2. Tribal Code
Sec. 1-1201. Designation.
Sec. 1-1202. Citation
Sec. 1-1203. Uniform Numbering
Sec. 1-1204. Publication and Availability

Article II. Law and Statutes
Chapter 1. General Provisions

Sec. 1-2101. Principles of Common Law
Sec. 1-2102. General Rules of Statutory Construction
Sec. 1-2103. Headings and Notes
Sec. 1-2104. Words and Phrases
Sec. 1-2105. Tense, Number, and Gender
Chapter 2. Miscellaneous Provisions
Sec. 1-2201. Effective Date of Enactments
Sec. 1-2202. Superseding of Prior Enactments
Sec. 1-2203. Retroactive Effect of Enactments
Sec. 1-2204. Computation of Time
Sec. 1-2205. Definitions

Article III. Tribal Council Procedure

Chapter 1. General Provisions
Sec. 1-3101. Purpose and Intent
Sec. 1-3102. Requirements for Tribal Council Action
Sec. 1-3103. Regular and Special Public Tribal Council Meeting
Sec. 1-3104. Special Tribal Council Meetings
Sec. 1-3105. Emergency Public Tribal Council Meetings
Sec. 1-3106. Notice to Tribal Council of Tribal Council Meetings
Sec. 1-3107. Notice to Tribal Members of Regular Public Tribal Council Meeting
Sec. 1-3108. Executive Session of the Tribal Council
Sec. 1-3109. Work Sessions
Sec. 1-3110. Effect of Failure to Comply with Section 1-3102
Sec. 1-3111. Tribal Council Protocol
Chapter 2. Tribal Council Adjudicative Procedure
Sec. 1-3201. Purpose and Intent
Sec. 1-3202. Applicability
Sec. 1-3203. Definitions
Sec. 1-3204. Presiding Officer
Sec. 1-3205. Representation of Parties
Sec. 1-3206. Time, Place, Manner, and Notice of Hearing
Sec. 1-3207. Order of Hearing
Sec. 1-3208. Receipt of Evidence
Sec. 1-3209. Witnesses and Oral Testimony
Sec. 1-3210. Documentary and Physical Evidence
Sec. 1-3211. Burden of Proof and Presumptions
Sec. 1-3212. Decision of Tribal Council
Sec. 1-3213. Rehearing
Sec. 1-3214. Appeal

Title 2. Administration
Article I. [Reserved]

Article II. Holidays
Chapter 1. Holidays Enumerated

Sec. 2-2101. Legal Holidays
Sec. 2-2102. Authority of Chairman
Chapter 2. Effect of Legal Holidays
Sec. 2-2201. Closure of Offices and Tribunals
Sec. 2-2202. Last Day for Performance of Event Holiday

Article III. Administrative Departments [Reserved]

Article IV. Administrative Procedure
Chapter 1. Generally

Sec. 2-4101. Definitions
Sec. 2-4102. Statement of Purpose
Sec. 2-4103. Applicability and Relation to Other Law
Sec. 2-4104. Waiver
Sec. 2-4105. Exemptions
Sec. 2-4106. Regulations of the Executive Director
Sec. 2-4107. Sovereign Immunity
Chapter 2. Inspections
Sec. 2-4201. Disclosure of Information
Sec. 2-4202. Inspection Reports
Sec. 2-4203. Scope of Chapter
Chapter 3. Publication of Regulations
Sec. 2-4301. Designation
Sec. 2-4302. Citation
Sec. 2-4303. Publication and Availability
Chapter 4. Regulation-Making
Sec. 2-4401. Notice of Proposed Regulations
Sec. 2-4402. Public Comments
Sec. 2-4403. Approval of Regulations
Sec. 2-4404. Emergency Regulation-Making
Sec. 2-4405. Agency Regulation-Making Records
Sec. 2-4406. Invalidity of Regulations
Chapter 5. Agency Proceedings
Sec. 2-4501. Applicability
Sec. 2-4502. Declaratory Orders
Sec. 2-4503. Informal Settlement
Sec. 2-4504. Notice of Appealable Agency Action; Reconsideration
Sec. 2-4505. Service
Sec. 2-4506. Presiding Officer
Sec. 2-4507. Time for Hearings
Sec. 2-4508. Notice of Hearing
Sec. 2-4509. Prehearing Conference
Sec. 2-4510. Informal Settlement Conference
Sec. 2-4511. Hearings
Sec. 2-4512. Final Agency Action
Sec. 2-4513. Rehearing
Sec. 2-4514. Compulsory Testimony
Sec. 2-4515. Special Provisions for Licenses
Sec. 2-4516. Agency Regulations
Chapter 6. Review of Administrative Determinations
Sec. 2-4601. Applicability
Sec. 2-4602. Right of Review
Sec. 2-4603. Jurisdiction of Tribal Court
Sec. 2-4604. Rules of Tribal Court
Sec. 2-4605. Commencement of Action
Sec. 2-4606. Parties
Sec. 2-4607. Service of Process
Sec. 2-4608. Appearance of Defendants
Sec. 2-4609. Pleadings and Record on Review
Sec. 2-4610. Scope of Review
Sec. 2-4611. Costs
Sec. 2-4612. Appellate Review
Sec. 2-4613. Rules of Procedure

Title 3. Business and Profession
Article I. Business Licenses
Chapter 1. Definitions and Construction
Sec. 3-1101. Purposes
Sec. 3-1102. Definitions
Chapter 2. Requirements for Licesnse
Sec. 3-1201. Business License Required
Sec. 3-1202. Requirements for Obtaining a Business License
Sec. 3-1203. Application for Business License
Sec. 3-1204. Prohibition on Specified Business Activity
Sec. 3-1205. Duty or Authority to Deny Licenses to Certain Persons
Sec. 3-1206. License Application Fee
Sec. 3-1207. License Application Fee – Exemption for Nonprofit Organizations
Chapter 3. License Administration
Sec. 3-1301. Enforcement and Administration Responsibility
Sec. 3-1302. Disposition of Funds
Sec. 3-1303. Expiration and Renewal of License
Sec. 3-1304. Assignment or Transfer of License
Chapter 4. Violations
Sec. 3-1401. Engaging in Business Without a License
Sec. 3-1402. Suspension or Revocation of License
Sec. 3-1403. Violations; Civil Penalties
Sec. 3-1404. Abatement of Proceedings
Sec. 3-1405. Review of Orders of Violations and Orders Imposing Civil Penalties

Article II. Corporations
Chapter 1. Definitions
Sec. 3-2101. Definitions
Chapter 2. Short Title; Application; Filing Documents; Tribal Secretary
Sec. 3-2201. Short Title
Sec. 3-2202. Business Corporation Act Effective Application; Corporations Authorized
Sec. 3-2203. Reservation of Power to Amend or Repeal
Sec. 3-2204. Corporations Wholly Owned by Tribe
Sec. 3-2205. Sovereign Immunity of the Tribe not Waived
Sec. 3-2206. Requirement for Documents
Sec. 3-2207. Forms, Filing, Service and Copying Fees
Sec. 3-2208. Effective Date and Time of Document
Sec. 3-2209. Correcting Filed Document
Sec. 3-2210. Filing Duty of Tribal Secretary
Sec. 3-2211. Appeal from Tribal Secretary's Refusal to File Document
Sec. 3-2212. Evidentiary Effect of Copy of Filed Document
Sec. 3-2213. Certificate of Existence
Sec. 3-2214 Powers of Tribal Secretary
Chapter 3. Incorporation; Articles
Sec. 3-2301. Purposes
Sec. 3-2302. Incorporators
Sec. 3-2303. Articles
Sec. 3-2304. Corporate Name
Sec. 3-2305. Reserve Name
Sec. 3-2306. Registered Office; Registered Agent
Sec. 3-2307. Change of Registered Office/Agent or Name
Sec. 3-2308. Amendment of Articles
Sec. 3-2309. Procedure for amendment before issuance of shares
Sec. 3-2310. Procedure for amendment after issuance of shares
Sec. 3-2311. Class of Series Voting on Amendments
Sec. 3-2312 Articles of Amendment
Sec. 3-2313 Effect of Amendment
Sec. 3-2314 Filing Articles
Sec. 3-2315 Effective Date of Article
Sec. 3-2316 Presumption; Certificate of Incorporation
Chapter 4. Powers
Sec. 3-2401. Powers
Sec. 3-2402. Corporate Seal
Sec. 3-2403. Effect of Lack of Power; Ultra Vires
Chapter 5. Organization; Bylaws
Sec. 3-2501. Organization
Sec. 3-2502. Bylaws
Chapter 6. Board
Sec. 3-2601. Board
Sec. 3-2602. Number
Sec. 3-2603. Qualifications; Election
Sec. 3-2604. Terms
Sec. 3-2605. Acts not void or voidable
Sec. 3-2606. Compensation
Sec. 3-2607. Classification of Directors
Sec. 3-2608. Cumulative voting for Directors
Sec. 3-2609. Resignation
Sec. 3-2610. Removal of Directors
Sec. 3-2611. Vacancies
Sec. 3-2612. Board Meetings
Sec. 3-2613. Absent Directors
Sec. 3-2614. Quorum
Sec. 3-2615. Act of the Board
Sec. 3-2616. Actions without Meeting
Sec. 3-2617. Committees
Sec. 3-2618. Standards of Conduct for Directors
Sec. 3-2619. Director Conflicts of Interest
Chapter 7. Officers
Sec. 3-2701. Officers Required
Sec. 3-2702. Duties of Required Officers
Sec. 3-2703. Other Officers
Sec. 3-2704. Multiple Offices
Sec. 3-2705. Officers Deemed Elected
Sec. 3-2706. Contract Rights
Sec. 3-2707. Resignation; Removal; Vacancies
Sec. 3-2708. Delegation
Sec. 3-2709. Standards of Conduct for Officers
Chapter 8. Shares; Shareholders
Sec. 3-2801. Authorized Shares
Sec. 3-2802. Share Dividends, divisions, and combinations
Sec. 3-2803. Subscriptions for shares
Sec. 3-2804. Consideration for shares; Value and payment; Liability
Sec. 3-2805. Preemptive Rights
Sec. 3-2806. Share Certificates, Issuance and contents; Uncertificated shares
Sec. 3-2807. Lost Share Certificates; Replacement
Sec. 3-2808. Fractional Shares
Sec. 3-2809. Liability of Subscribers and Shareholders with Respect to Shares
Sec. 3-2810. Restriction of Transfer or Registration of Securities
Sec. 3-2811. Regular Meetings of Shareholders
Sec. 3-2812. Special Meetings of Shareholders
Sec. 3-2813. Notice
Sec. 3-2814. Electronic Communications
Sec. 3-2815. Act of Shareholders
Sec. 3-2816. Action without a meeting
Sec. 3-2817. Quorum
Sec. 3-2818. Voting Rights
Sec. 3-2819. Voting of Shares by Organizations and Legal Representatives
Sec. 3-2820. Proxies
Sec. 3-2821. Voting Trust
Sec. 3-2822. Shareholder Voting Agreements
Sec. 3-2823. Shareholder Control Agreements
Sec. 3-2824. Books and Records; Inspection
Sec. 3-2825. Financial Statements
Sec. 3-2826. Equitable Remedies
Sec. 3-2827. Rights of Dissenting Shareholders
Sec. 3-2828. Procedures for Asserting Dissenter's Rights
Chapter 9. Loans; Obligations; Indemnification; Distributions
Sec. 3-2901. Loans; Guarantees; Suretyship
Sec. 3-2902. Advances
Sec. 3-2903. Indemnification
Sec. 3-2904. Distributions
Sec. 3-2905. Power to acquire Shares
Sec. 3-2906. Liability of Shareholders for Illegal Distributions
Sec. 3-2907. Liability of Directors for Illegal Distributions
Chapter 10. Merger, Exchange, Transfer
Sec. 3-21001. Merger, Exchange, Transfer
Sec. 3-21002. Plan of Merger or Exchange
Sec. 3-21003. Plan of Approval
Sec. 3-21004. Articles of Merger or Exchange; Certificate
Sec. 3-21005. Merger of Subsidiary
Sec. 3-21006. Abandonment
Sec. 3-21007. Effective Date of Merger of Exchange; Effect
Sec. 3-21008. Merger or Exchange with Foreign Corporation
Sec. 3-21009. Transfer of Assets; when Permitted
Chapter 11. Dissolution
Sec. 3-21101. Methods of Dissolution
Sec. 3-21102. Voluntary Dissolution by Incorporators or Initial Directors
Sec. 3-21103. Voluntary Dissolution by Board of Directors and Shareholders
Sec. 3-21104. Filing Notice of Intent to Dissolve; Effect
Sec. 3-21105. Dissolution Procedures for Corporations that give notice to Creditors and
Claimants
Sec. 3-21106. Dissolution Procedures for Corporations that do not give Notice
Sec. 3-21107. Revocation of Dissolution Proceedings
Sec. 3-21108. Effective of Dissolution; Certificate
Sec. 3-21109. Supervised Voluntary Dissolution
Sec. 3-21110. Judicial Intervention; equitable Remedies or Dissolution
Sec. 3-21111. Procedure in Involuntary or Supervised Voluntary Dissolution
Sec. 3-21112. Qualifications of Receivers; Powers
Sec. 3-21113. Action by Tribal Court
Sec. 3-21114. Filing Claims in Proceedings to Dissolve
Sec. 3-21115. Discontinuance of Dissolution Proceedings
Sec. 3-21116. Decree of Dissolution
Sec. 3-21117. Filing Decree
Sec. 3-21118. Deposit with Tribal Treasure of Amount due Certain Shareholders
Sec. 3-21119. Claims Barred; Exceptions
Sec. 3-21120. Right to Sue or Defend After Dissolution
Sec. 3-21121. Omitted Assets
Chapter 12. Extension
Sec. 3-21201. Extension after Duration
Sec. 3-21202. Effect of Extension
Chapter 13. Corporate Registration
Sec. 3-21301. Sac & Fox Tribal Corporate Registration
Chapter 14. Actions Against Corporations
Sec. 3-21401. Service of Process on Corporation
Sec. 3-21402. Court Action; Remedies and Penalties
Chapter 15. Corporations Wholly Owned By the Tribe
Sec. 3-21501. Scope
Sec. 3-21502. Application
Sec. 3-21503. Special Powers, Privileges and Immunities of Corporations wholly owned by the
Tribe
Sec. 3-21504. Board
Sec. 3-21505. Shares in Corporations wholly owned by the Tribe; Shareholders; Voting
Sec. 3-21506. Liability of Tribe as Shareholder
Sec. 3-21507. Shareholder Meetings
Sec. 3-21508. Assets; Distribution of Income
Sec. 3-21509. Voluntary Dissolution by Incorporators
Chapter 16. Effective Date and Authority
Sec. 3-21601. Severability; Effective of Invalidity of part of this Code
Sec. 3-21602. Effective Date
Sec. 3-21603. Authority
Sec. 3-21604. No Impairment of Contracts

Article III. Non-Profit Corporations
Chapter 1. Definitions
Sec. 3-3101. Definitions
Chapter 2. Short Title; Application; Purpose; Amendment Sovereign Immunity
Sec. 3-3201. Short Title
Sec. 3-3202. General Corporate Laws Applicable
Sec. 3-3203. Purpose
Sec. 3-3204. Reservation of Power to Amend or Repeal
Sec. 3-3205. Sovereign Immunity
Chapter 3. Incorporators; Filing; Article of Incorporation; Powers
Sec. 3-3301. Incorporators
Sec. 3-3302.Filing
Sec. 3-3303. Articles
Sec. 3-3304. Powers
Chapter 4. Amendments
Sec. 3-3401. Amendment of Articles
Sec. 3-3402.Articles of Amendment
Sec. 3-3403. Effect of Amendment
Chapter 5. Organization; Bylaws; Board
Sec. 3-3501. Organization
Sec. 3-3502. Bylaws
Sec. 3-3503. Adoption and Amendment of Bylaws
Sec. 3-3504. Board and Officers
Chapter 6. Disposition of Assets; Special Provisions Concerning Charitable 501(c)(3) Organizations
Sec. 3-3601. Disposition of Assets
Sec. 3-3602.Special provisions
Chapter 7. Effective Date and Authority

Sec. 3-3701. Severability; Effect Invalidity of part of this Code
Sec. 3-3702.Effective Date
Sec. 3-3703. Authority

Title 4. Commercial Code
Article I. General Provisions
Chapter 1. Definitions and Construction
Sec. 4-1101. Title and Purpose
Sec. 4-1102. Jurisdiction
Sec. 4-1103. Severability
Sec. 4-1104. Continuity of Law
Sec. 4-1105. Construction
Sec. 4-1106. Amendments
Sec. 4-1107. Effects of Headings
Sec. 4-1108. Effective Date

Article II. Uniform Commercial Code
Chapter 1. General Provisions
Sec. 4-1201. Short Title, Construction, Application and Subject Matter of Act
Sec. 4-1202. General Definitions and Principles of Interpretation
Sec. 4-1203. Territorial Applicability and General Rules
Sec. 4-1204. Administration; Authority to Promulgate Regulations
Chapter 2. Sales
Sec. 4-2201. Short Title, General Construction and Subject Matter
Sec. 4-2202. Form, Formation and Readjustment of Contract
Sec. 4-2203. General Obligation and Construction of Contract
Sec. 4-2204. Title, Creditors and Good Faith Purchasers
Sec. 4-2205. Performance
Sec. 4-2206. Breach, Repudiation and Excuse
Sec. 4-2207. Remedies
Chapter 3. Leases
Sec. 4-3101. Short Title, General Construction and Subject Matter
Sec. 4-3102. Formation and Construction of Lease Contract
Sec. 4-3103. Effect of Lease Contract
Sec. 4-3104. Performance of lease Contract: Repudiated, Substituted and Excused
Sec. 4-3105. Default
Chapter 4. Negotiable Instruments
Sec. 4-4101. Short Title, General construction and Subject Matter
Sec. 4-4102. Negotiation, Transfer and Endorsement
Sec. 4-4103. Enforcement of Instruments
Sec. 4-4104. Liability of Parties
Sec. 4-4105. Dishonor
Sec. 4-4106. Discharge and Payment
Chapter 5. Bank Deposit
Sec. 4-5101. Short Title, General Construction and Subject Matter
Sec. 4-5102. Collection of Items: Depositary and Collecting Banks
Sec. 4-5103. Collection of Items: Payor Banks
Sec. 4-5104. Relationship Between Payor Bank and its Customer
Sec. 4-5105. Collection of Documentary Drafts
Chapter 6. Funds Transfers
Sec. 4-6101. Short Title, General Construction and Subject Matter
Sec. 4-6102. Issue and Acceptance of Payment Order
Sec. 4-6103. Execution of Receiver's Payment Order by Receiving Bank
Sec. 4-6104. Payment
Sec. 4-6105. Miscellaneous Provisions
Chapter 7. Letters of Credit
Sec. 4-7101. Short Title, General Construction and Subject Matter
Chapter 8. Warehouse Receipts, Bills of Landing, and Other Documents of Title
Sec. 4-8101. Short Title, General Construction and Subject Matter
Sec. 4-8102. Warehouse Receipts: Special Provisions
Sec. 4-8103. Bills of Lading: Special Provisions
Sec. 4-8104. Warehouse Receipts and Bills of Lading: Special Provisions
Sec. 4-8105. Warehouse Receipts and Bills of Lading: Negotiation and Transfer
Sec. 4-8106. Warehouse Receipts and Bills of Lading: Miscellaneous Provisions
Chapter 9. Investment Securities
Sec. 4-9101. Short Title, General Construction and Subject Matter
Sec. 4-9102. Issue and Issuer
Sec. 4-9103. Transfer of Certificated and Uncertificated Securities
Sec. 4-9104. Registration
Sec. 4-9105. Security Entitlements
Chapter 10. Secured Transactions
Sec. 4-10101. Short Title, Applicability and Definitions
Sec. 4-10102. Effectiveness of Security Agreement; Attachment of Security Interest: Rights of Parties to Secure Agreement
Sec. 4-10103. Perfection and Priority
Sec. 4-10104. Rights of Third Parties
Sec. 4-10105. Filing
Sec. 4-10106. Default
Sec. 4-10107. Transition
Sec. 4-10108. Parties' Power to Choose Applicable Law
Chapter 11. Judicial Procedures; Enforcement
Sec. 4-11101. One Action to Foreclose Security Interest
Sec. 4-11102. Action to Foreclose Interest in Personal Property
Sec. 4-11103. Right of Attachment
Sec. 4-11104. Conduct of Sale
Sec. 4-11105. Return of Sale
Sec. 4-11106. Enforcement

Title 5. Dispute Resolution
Article I. General Provisions
Article II. Establishment and Organization of Courts
Article III. Officers and Employees of Courts
Article IV. Jurisdiction and Procedure
Article V. Limitations of Actions
Article VI. Disputes Involving The Tribe

Title 6. Family Relations

Title 7. Child Welfare
Article I. General Provisions
Article II. Child Welfare Proceedings
Article III. Meskwaki Family Services

Title 8. Elections and Petitions
Article I. General Provisions
Article II. Voters
Article III. Petitions
Article IV. Elections
Article V. Violations

Title 9. Employment and Labor
Article I. Employment Rights
Article II. Worker Benefits [Reserved]

Title 10. Enrollment
Article I. General Provisions
Article II. Administration
Article III. Tribal Rolls
Article IV. Enrollment Procedure
Article V. Adoption Procedure
Article VI. Disenrollment

Title 11. Gaming
Article I. General Provisions
Article II. Gaming Commission
Article III. Licensing
Article IV. Management Contracts
Article V. Auditing and Accounting
Article VI. Internal Controls
Article VII. Prohibited and Unlawful Activities

Title 12. Health and Safety
Article IV. Mandatory Abuse and Health Reporting

Title 13. Law and Order
Article I. General Provisions
Article 2. Tribal Police
Article III. Office of the Prosecutor
Article IV. Jail and Detention [Reserved]
Article V. Crimes and Offenses
Article VI. Criminal Procedure
Article VII. Reserved
Article VIII. Banishment
Article IX. Sex Offender Registration

Title 14. Natural Resources
Article I. General Provisions
Article II. Natural Resources Department
Article III. Fish and Game
Article IV. Protected Species
Article V. All Terrain Vehicle Safety
Article VI Meskwaki Settlement Flood Damage Prevention

Title 16. Property
Article I. in General
Article II. Assignment of Tribal Land
Article III. Mortgage Assistance Program for Members of the Tribe
Article IV. Leasing Generally
Article V. Rights-of-way
Article VI. Licenses and Permits
Article VII. Zoning and Land Use [Reserved]
Article VIII. Eminent Domain
Article IX. Repossession of Personal Property
Article X. Mortgaging of Trust Land, Restricted Land, or Fee Simple Land Within an Indian Area

Title 17. Taxation
Article I. General Provisions
Article II. Retail Sales and Services Tax
Article III. Motor Vehicle Fuel Tax
Article IV. Cigarette and Tobacco Products Excise Tax
Article V. Provisions Applicable to All Taxes Imposed by This Title
Article VI. Authority, Administrative Appeals and Collections
Article VII. Business and Professional Licenses

Title 18. Transportation
Article 1. General Provisions
Article II. Vehicle Equipment
Article III. Rules of the Road- Civil Offenses
Article IV. Driving Offenses- Criminal

Title 19. Judicial Validation

Title 21. Liquor Control
Article I. General Provisions

Title 22. Exclusion       
Article I. Exclusion

Title 23. Guardianship and Conservatorship
Article I. Guardianship and Conservatorship

Title 24. Domestic Violence

[Table of Contents created by NILL in October 2014, based on materials on tribe's website]



 

 

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map