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Spirit Lake Tribe, North Dakota - Tribal Code

Last Amended: March 24, 2014

The tribe has not given permission for the full-text document to be made available online at this website. The link below will take you to the code at the tribe's website. Please contact the library for assistance.

Table of Contents

LAW AND ORDER CODE

TABLE OF CONTENTS

TITLE 1 General Provisions
Chapter 1. Application of the Code
Chapter 2. Legal Authority
Chapter 3. Amendment of the Code
Chapter 4. Definitions

TITLE 2 Courts
Chapter 1. Establishment and Operation
2-1-101. Establishment of Court
2-1-102. Appropriations
Chapter 2. Jurisdiction
2-2-101. Spirit Lake Tribal Court Jurisdiction
2-2-102. No Acceptance of State Jurisdiction
2-2-103. Suits against the Tribe
2-2-104. Concurrent Jurisdiction; Exhaustion of Tribal Remedies
Chapter 3. Judicial Clerk
2-3-101. Appointment, Salary, Discharge
2-3-102. Duties
Chapter 4. Counsel
2-4-101. Right to Counsel
2-4-102. Appointment and Authorities of Prosecutors
2-4-103. Tribal Licensing of Attorneys
2-4-104. Revocation of Attorneys Tribal License
Chapter 5. Contempt of Tribal Court
2-5-101. Definition of Contempt
2-5-102. Contempt in the Presence of the Court
2-5-103. Contempt Outside Presence of Court
2-5-104. Punishment for Contempt
Chapter 6. Judges
2-6-101. Number of Judges
2-6-102. Terms
2-6-103. Appointment
2-6-104 Qualifications
2-6-105. Juvenile Judge and Court
2-6-106. Salary
2-6-107. Conflicts of Interest
2-6-108. Disqualification of Judge
2-6-109. Special Judge
2-6-110. Oath of Office
2-6-111. Removal from Office
Chapter 7. General Court Procedures
2-7-101. Assignment of Cases to Judges
2-7-102. Court Rules and Procedures
2-7-103. Sessions of Court
2-7-104. Means to Carry Jurisdiction into Effect
2-7-105. BIA Relations with the Court
2-7-106. Law Applicable in Civil Actions
Chapter 8. Juries

2-8-101. Right to a Jury
2-8-102. Number of Jurors
2-8-103. Eligibility
2-8-104. Jury Roster
2-8-105. Exclusion from Roster
2-8-106. Summons to Appear as Juror
2-8-107. Failure to Appear, Absence, Unfit to Serve on Jury Duty
2-8-108. Jury Selection
2-8-109. Challenges for Cause
2-8-110. Peremptory Challenges
2-8-111. Number of Jurors Required for Verdict, Findings or Decisions
2-8-112. Jury Panel; Deliberations
2-8-113. Jury Compensation
Chapter 9. Witness Subpoenas
2-9-101. Subpoenas in Civil Cases
2-9-102. Subpoenas in Criminal Cases
2-9-103. Content of a Subpoena
2-9-104. Service of a Subpoena
2-9-105. [Withheld]
2-9-106. Failure to Comply with a Subpoena
2-9-107. Testimony Required without Subpoena
Chapter 10. Property
2-10-101. Property Received as Costs or Fines
2-10-102. Other Property in Custody
Chapter 11. Appeals
2-11-101. Court of Appeals
2-11-102. Appellate Procedure

TITLE 3 Criminal Actions
Chapter 1. Jurisdiction
3-1-101. Criminal Jurisdiction - Generally
Chapter 2. Criminal Procedure - Generally
3-2-101. Complaints
3-2-102. Limitation on Filing of Complaint
3-2-103. Hot Pursuit
3-2-104. Grounds for Arrest
3-2-105. Warrants for Arrest
3-2-106. Searches Pursuant to an Arrest or Warrant
3-2-107. Warrants for Searches and Seizures
3-2-108. Service of Search and Seizure Warrants
3-2-109. Pre-Sentence Confinement
3-2-110. Duties of an Officer
Chapter 3. Bail
3-3-101. Eligibility for Bail
3-3-102. Cash or Surety Bond
3-3-103. Promise to Appear
3-3-104. Terms and Conditions of Bail
3-3-105. Ineligibility for Bail
3-3-106. Violation of the Terms and Conditions of Bail
3-3-107. Return of Bail or Bond
Chapter 4. Citations
3-4-101. Citations in Lieu of Detention
3-4-102. Citation Contents
3-4-103. Effect and Procedure of Citations
Chapter 5. Arraignments, Please and Trial Dates
3-5-101. Arraignments
3-5-102. Reading of Complaint and Defendant's Plea
3-5-103. Time of Trial
3-5-104. Sentencing
3-5-105. Fine Schedule
Chapter 6. Trial Procedure
3-6-101. Prosecution
3-6-102. Evidence
3-6-103. Burden of Proof
3-6-104. Bench Trial
3-6-105. Jury Trial
3-6-106. Lesser Included Offenses
3-6-107. Judgment and Sentencing in Criminal Cases
3-6-108. Other Procedures
3-6-109. Civil Rights
Chapter 7. Criminal Offenses
3-7-101. Abduction
3-7-102. Assault
3-7-103. Assault and Battery
3-7-104. Bribery
3-7-105. Carrying Concealed Weapons
3-7-106. Minor Carrying Firearm or Gun
3-7-107. Cruelty to Animals
3-7-108. Contributing to the Delinquency of a Minor
3-7-109. Cutting Green Timber Without a Permit
3-7-110. Deer Shining
3-7-112. Disposing of Property of an Estate
3-7-113. Disorderly Conduct
3-7-114. Embezzlement
3-7-115. Escape
3-7-116. Extortion
3-7-117. Failure to Support Dependent Persons and Abandonment
3-7-118. Failure to Send Children to School
3-7-119. False Arrest
3-7-120. Fraud
3-7-121. Forgery
3-7-122. Transmitting a Communicable Disease
3-7-123. Illegal or Unauthorized Sale or Purchase of Any Trust or other Property Furnished or Made Available Under Programs Sponsored by the Tribe
3-7-124. Huffing
3-7-125. Injury to Public Property
3-7-126. Malicious Mischief
3-7-127. Public Nuisance
3-7-128. Misbranding
3-7-129. Operating a Dance Hall
3-7-130. Perjury
3-7-131. Receiving Stolen Property
3-7-132. Resisting Lawful Arrest
3-7-133. Violence to a Police Officer, Judge, Member of the Tribal Council, Officer of the Tribal Court or Tribal Employee
3-7-134. Theft
3-7-135. Trespass
3-7-136. Unauthorized Leasing
3-7-137. Assault with Intent to Commit Rape
3-7-138. Carnal Knowledge of Person Under Sixteen Years of Age
3-7-139. Cutting Fence
3-7-140. Slander
3-7-141. Libel
3-7-142. Aiding and Abetting
3-7-143. Repeaters
3-7-144. Liquor Violation
3-7-145. Public Intoxication
3-7-146. Curfew Violation
Chapter 8. Habeas Corpus
3-8-101. Who May Prosecute
3-8-102. Writ for Purpose of Bail
3-8-103 Application for Writ - How Made
3-8-104. Content of Writ
3-8-105. Service of the Writ
3-8-106. Content of the Return
3-8-107. Hearing on Return
3-8-108. Judgment
Chapter 9. Extradition

3-9-101 Who May be Extradited
3-9-102. Preparation of Request for Extradition
3-9-103. Preliminary Determination of Validity
3-9-104. Issuance of Arrest Warrant; Hearing and Bail
3-9-105. Issuance of Removal Order
3-9-106. Execution of Order; Notification to Jurisdiction Seeking Extradition
3-9-107. Failure to Remove
3-9-108. Sanctions for Lack of Reciprocity
3-9-109. Stay of Extradition

TITLE 4 Civil Actions
Chapter 1. Rules of Civil Procedure
4-1-101. Scope of Rules
4-1-102. One Form of Action
4-1-103. Commencement of Action
4-1-104. Complaints - Signature
4-1-105. Filing Fees
4-1-106. Standard of Proof
4-1-107. Limitation on Filing of Complaint
4-1-109. General Rules of Pleading
4-1-108. Pleadings and Motions
4-1-109. General Rules of Pleading
4-1-110. Pleading Special Matters
4-1-111. Form of Pleadings
4-1-112. Signing of Pleadings
4-1-113. Defenses and Objections
4-1-114. Counterclaims and Cross-claims
4-1-115. Third-Party Practice
4-1-116. Amended and Supplemental Pleadings
4-1-117. Pretrial Conferences
4-1-118. Parties
4-1-119. Joinder of Claims and Remedies
4-1-120. Joinder of Persons Needed for a Just Adjudication
4-1-121. Permissive Joinder of Parties
4-1-122. Misjoinder and Nonjoinder of Parties
4-1-123. Interpleader
4-1-124. Class Actions and Stockholder Actions
4-1-125. Intervention
4-1-126. Substitution of Parties
4-1-127. What Constitutes Service
4-1-128. Service of Process
4-1-129. Service and Filing of Pleadings and Other Papers
4-1-130. Minimum Notice Requirements
4-1-131. Time
4-1-132. General Provisions Governing Discovery
4-1-133. Depositions Before Action or Pending Appeal
4-1-134. Persons Before Whom Depositions May be Taken
4-1-135. Stipulations Regarding Discovery Procedure
4-1-136. Depositions Upon Oral Examination
4-1-137. Use of Depositions in Tribal Court Proceedings
4-1-138. Interrogatories
4-1-139. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
4-1-140. Requests for Admission
4-1-141. Failure to Make or Cooperate in Discovery; Sanctions
4-1-142. Trials
4-1-143. Right to Trial by Jury
4-1-144. Assignment of Cases for Trial
4-1-145. Dismissal of Action
4-1-146. Consolidation or Severance of Trials
4-1-147. Evidence
4-1-148. Proof of Official Records
4-1-149. Excluded Evidence Preserved for Appeal
4-1-150. Exceptions
4-1-151. Jury Verdicts
4-1-152. Special Verdicts
4-1-153. Motion for Directed Verdict
4-1-154. Motion for Judgment Notwithstanding the Verdict
4-1-155. Instructions and Arguments to the Jury
4-1-156. Findings by the Trial Court
4-1-157. Judgments
4-1-158. Punitive Damages
4-1-159. Judgments - Duration
4-1-160. Default Judgments
4-1-161. Summary Judgment
4-1-162. Declaratory Judgments
4-1-163. Entry of Judgment
4-1-164. Judgments and Decedents' Estates
4-1-165. New Trials
4-1-166. Relief from Judgments or Orders
4-1-167. Harmless Error
4-1-168. Authority over Property in Possession or Control of Another
4-1-169. Stay of Proceedings to Enforce a Judgment
4-1-170. Disability or Disqualification of a Judge
4-1-171. Execution of Judgments
4-1-172. Temporary Restraining Orders and Injunctions
Chapter 2. Recognition of Foreign Judgments
4-2-101. Application
4-2-102. Review by Tribal Court
4-2-103. Payment of Judgment

TITLE 5 Heirship and Probate
Chapter 1. Jurisdiction
5-1-101. Tribal Jurisdiction
Chapter 2. Determination of Heirs
5-2-101. Public Notice of Hearing
5-2-102. Service of Notice on Interested Parties
5-2-103. Proof of Service of Notice of Hearing
5-2-104. Applicable Law
5-2-105. Protection of the Estate
5-2-106. Claims
5-2-107. Distribution
Chapter 3. Wills
5-3-101. Public Notice of Hearing
5-3-102. Service of Notice on Interested Parties
5-3-103. Proof of Service of Notice of Hearing
5-3-104. Standards
5-3-105. Distribution
5-3-106. Fees
Chapter 4: Summary Distributions
5-4-101. Value and Nature of Eligible Estates
5-4-102. Application to Settle Estate
5-4-103. Appointment of Trustee; Bond
5-4-104. Trustee's Rights' Rights of Creditors
5-4-105. Trustee Sale of Personal Property; Notice; Proceeds
5-4-106. Distribution of Estate
5-4-107. Trustee's Accounting
5-4-108. Examination of Accounting; Discharge of Trustee

TITLE 6 Motor Vehicle and Highways
Chapter 1. General
6-1-101. Source
6-1-102. Definitions
6-1-103. Statute of Limitations
6-1-104. Law Officers to Report Accidents
6-1-105. Penalties Not Otherwise Prescribed
Chapter 2. Registration
6-2-101. Vehicle Registration Required; Exemption
6-2-102. Application for Registration
6-2-103. Grounds for Refusing Registration
6-2-104. Contents, Issuance and Display of Certificate of Registration; Issuance of Duplicate Certificate
6-2-105. Design, Procurement and Issuance of Registration Plates
6-2-106. Display of Registration Plates
6-2-107. Issuance of Duplicate Plates
6-2-108. Annual Registration Fees
6-2-109. When Fees Returnable
6-2-110. Nonresidents
6-2-111. Fraudulent Application for Registration or License
6-2-112. Improper Use of Evidence of Registration
6-2-113. False Evidence of Registration
6-2-114. Registration Suspended
6-2-115. Penalty for Operating Unregistered or Improperly Registered Vehicle
Chapter 3. Certificate of Title
6-2-101. When Certificate of Title is Required
6-2-102. Application for Certificate of Title
6-2-103. Maintenance of Records
6-2-104. Contents of Certificate of Title
6-2-105. Grounds for Refusing Issuance of the Certificate of Title
6-2-106. Lost, Stolen or Mutilated Certificates
6-2-107. Fees
6-2-108. Suspension or Revocation of Certificate
6-2-109. Penalty for Operating Vehicle without Certificate of Title or with Improper Certificate of Title
Chapter 4. Transfer of Title
6-4-101. Transfer of Interest in a Vehicle
6-4-102. When Registrar to Issue a New Certificate
6-4-103. Perfection of Security Interests
6-4-104. Duties on Creation of Security Interest
6-4-105. Assignment of Security Interest
6-4-106. Release of Security Interest
6-4-107. Secured Party's and Owner's Duties
6-4-108. Method of Perfecting Exclusive
Chapter 5. Provisions for the Handicapped
6-5-101. Registration Plates for the Handicapped
6-5-102. Scope of Privilege
6-5-103. Design of Plates Furnished by Registrar
6-5-104. Definition of Handicapped
6-5-105. Parking Privileges for Physically Handicapped
6-5-106. Special Parking for the Physically Handicapped
Chapter 6. Traffic Offenses
6-6-101. Driving without a License
6-6-102. Permitting an Unauthorized Minor to Drive
6-6-103. Minor Operating a Motor Vehicle
6-6-104. Driving a Motor Vehicle without the Consent of the Owner
6-6-105. Driving without Required Registration
6-6-106. Driving Vehicle in Unsafe Condition
6-6-107. Starting, Turning and Stopping without Regard to Safety
6-6-108. Speeding
6-6-109. Reckless Driving
6-6-110. Failure to Drive on Right Side of Roadway
6-6-111. Following too Closely
6-6-112. Overtaking a Vehicle without Regard for Safety
6-6-113. Failure to Observe School Zone or BIA Agency Speed Limits
6-6-114. Failure to Stop for School Bus Flashing Lights
6-6-115. Failure to Yield to Right of Way
6-6-116. Stopping, Standing or Parking on Highway
6-6-117. Coasting
6-6-118. Obstruction to Indian Operator's View or Driving Mechanism
6-6-119. Riding on Fenders, Bumpers, or Running Boards
6-6-120. Indian Pedestrians on Roadways without Regard for Safety
6-6-121. Garbage, Glass, etc. on Highway
6-6-122. Driving in Violation of an Order of the Court
6-6-123. Duties in the Event of an Accident
6-6-124. Refusing to Aid Officer
6-6-125. Opened Receptacle Containing Alcoholic Beverages in Motor Vehicles
6-6-126. Driving while Under the Influence of Intoxicating Liquors or Drugs
6-6-127. Chemical Blood, Breath or Urine Tests
6-6-128. Temporary Restricted Permits
Chapter 7. Tribal Vehicle Operating License
6-7-101. Tribal License Required for Motor Vehicle Operator
6-7-102. Persons Exempt from License Requirement -- Resident Defined
6-7-103. Classes of Tribal Operator's Licenses
6-7-104. Application for Tribal License
6-7-105. Examination of Applicants
6-7-106. Tribal Licenses Issued to Operators
6-7-107. Term of Tribal Operator's License; Renewal
6-7-108. Duplicate of Tribal License
6-7-109. Change of Name or Address
6-7-110. Restricted Tribal Licenses
6-7-111. Tribe May Require Examination; Suspension or Revocation of License by Registrar
6-7-112. Restoration of Driving Privileges by Registrar
6-7-113. Civil Penalty for Non-Indians for Violations of This Chapter
6-7-114. Criminal Penalties for Indians for Violations of This Chapter
6-7-115. Additional Penalties for Non-Indians and Indians for Violations of This Chapter
Chapter 8. Reciprocal Powers, Agreements, and Plans
6-8-101. Reciprocity Powers
6-8-102. Reciprocal Use of Highways

TITLE 7 Taxation
Chapter 1. Legislative Findings and Purpose
7-1-101. Sovereign Power to Tax
7-1-102. Benefits of Tribal Government
7-1-103. Tribal Need for Governmental Revenue
7-1-104. Intent of Tribe to Preempt State and Local Taxes
Chapter 2. General Provisions
7-2-101. Definitions
7-2-102. Tribal Council to Determine All Tax Rates
7-2-103. Sovereign Immunity
7-2-104. Tax Fund Established
7-2-105. Savings Clause
Chapter 3. Tribal Tax Commission
7-3-101. Establishing Tax Commission
7-3-102. Quorum and Voting by Tax Commission Members
7-3-103. Recusal of Tax Commission Members
7-3-104. Designation of Temporary Tax Commission Members
7-3-105. Rules of the Tax Commission
7-3-106. Powers of the Tax Commission
7-3-107. Tax Commission Employees and Expenses
7-3-108. Bonds
7-3-109. Records of the Tax Commission
Chapter 4. Appeals
7-4-101. Petitions for Redetermination by Tax Commission
7-4-102. Review by Tribal Appeals Court
Chapter 5. Enforcement
7-5-101. Suit to Collect Taxes, Penalties, and Interest
7-5-102. Other Remedies
7-5-103. Inventory of Seized Property
7-5-104. Public Sale of Forfeited Property
7-5-105. Exempt Property
Chapter 6. Penalties and Interests
7-6-101. Imposition of Penalties and Interest Charges
7-6-102. Waiver of Penalties
Chapter 7. Use Tax
7-7-101. Definitions
7-7-102. Use Tax Imposed
7-7-103. Collection of Tax
Chapter 8. Corporate Income Tax
7-8-101. Definitions
7-8-102. Tax Imposed
7-8-103. Reservation Taxable Income Defined
7-8-104. Allocation and Apportionment of Corporate Income
7-8-105. Nonresident Taxpayer
7-8-106. Certain Items - Allocation
7-8-107. Rents and Royalties
7-8-108. Property -- Capital Gains and Losses
7-8-109. Interest and Dividends
7-8-110. Patents and Copyrights
7-8-111. Business Income
7-8-112. Property Factor
7-8-113. Property Owned and Rented
7-8-114. Average Value of Property
7-8-115. Payroll Factor
7-8-116. Compensation
7-8-117. Sales Factor
7-8-118. Local Tangible Personal Property Sales
7-8-119. Other Sales
7-8-120. Allocation and Apportionment in Special Circumstances
7-8-121. Filing of Return and Payment of Tax
Chapter 9. Possessory Interest Tax
7-9-101. Definitions
7-9-102. Tax Imposed
7-9-103. Surcharge on Valuable Improvements Imposed
7-9-104. Incidence of the Tax
7-9-105. Due Date of Tax
7-9-106. Taxes to be Apportioned
7-9-107. Valuable Improvements May Be Appraised
7-9-108. Manner of Making Appraisals
7-9-109. Assessment of Taxes
7-9-110. Payment of Taxes by Sublessees and Others
7-9-111. Forfeiture Provisions to Apply
7-9-112. Forfeiture Does Not Relieve Lessee From Obligations
7-9-113. Tribe May Assume Lessee's Obligations
7-9-114. Public Sale of Possessory Interests
Chapter 10. Charitable Games Tax
7-10-101. Definitions
7-10-102. Tax Imposed
Chapter 11. Dividend Income Tax
7-11-101. Definitions
7-11-102. Tax Imposed
Chapter 12. Sale of Tobacco Products
7-12-101. Findings
7-12-102. Definitions
7-12-103. Tobacco Products License
7-12-104. License Holder's Responsibility
7-12-105. Non-Indian Sellers [Reserved]
7-12-106. Tax Schedule
7-12-107. Tax Liability
7-12-108. Failure to Collect Taxes
Chapter 13. Corporate Property Tax
7-13-101. Legislative Findings and Purpose
7-13.102. Definitions
7-13-103. Tax Imposed
7-13-104. Exemption for Indian Employment
7-13-105. Statement of Valuation
7-13-106. Power to Assess Property
7-13-107. Procedure for Notice and Protest of Deficiency

TITLE 8 Charitable Games
Chapter 1. Legislative Findings and Purpose
8-1-101. Sovereign Powers and Responsibilities
8-1-102. Federal Policy of Tribal Self-Determination
8-1-103. Devils Lake Sioux Tribal Policy of Self-Government
8-1-104. Tribal Alcohol Rehabilitation Program
8-1-105. Land Consolidation Program
8-1-106. Tribal Need for Governmental Revenue and Additional Economic Development
8-1-107. Games of Chance Tribal Policy
Chapter 2. Devils Lake Sioux Charitable Games Foundation
8-2-101. Establishment
8-2-102. Status of the Foundation
8-2-103. Games Commission
8-2-104. Powers and Limitations of the Foundation
Chapter 3. General Provisions
8-3-101. Definitions
8-3-102. Exclusive Authorization to Conduct Gaming
8-3-103. Location
8-3-104. Persons Operating or Assisting in the Operation of Games of Chance
8-3-105. Participants
8-3-106. Rules of Play of Twenty-One
8-3-107. Rules to be Posted
8-3-108. Form and Display of Certificate
8-3-109. Statement of Receipts -- Expenses
8-3-110. Dedication of Surplus Funds
8-3-111. Tax Based on Gross Proceeds
8-3-112. Examination of Books and Records
8-3-113. Prohibited Acts

TITLE 9 Domestic Relations
Chapter 1. Marriage
9-1-101. Marriage
9-1-102. Marriage License
9-1-103. Persons Who May Marry
9-1-104. Who May Perform Marriages
9-1-105. Marriage Ceremony
9-1-106. Void and Voidable Marriages
Chapter 2. Annulment
9-2-101. Grounds for Annulment
9-2-102. Action to Annul - Parties and Limitations
9-2-103. Legitimacy of Children
9-2-104. Conclusiveness of Judgment of Annulment
Chapter 3. Divorce and Child Custody
9-3-101. Divorce and Annulment Procedure
9-3-102. Divorce and Annulment Residency Requirement
9-3-104. Right to Divorce
9-3-105. Maintenance and Suit Money; Restraint
9-3-106. Pleadings; Findings; Decree
9-3-107. Disposition of Property and Children
9-3-108. Child Custody Proceedings - Commencement - Notice - Intervention
9-3-109. Child Custody - Relevant Factors in Awarding Custody
9-3-110. Child Custody - Temporary Custody Order - Vacation of Order
9-3-111. Child Custody - Temporary Custody Order or Modification of Custody Decree - Affidavits Required
9-3-112. Child Custody - Interview with Child by Court - Advice of Professional Personnel
9-3-113. Child Custody - Visitation Rights
9-3-114. Child Custody - Powers and Duties of Custodian - Supervision by Appropriate Agency when Necessary
9-3-115. Maintenance Payments - To Whom Paid
Chapter 4. Paternity and Child Support
9-4-101. Parent and Child Relationship Defined
9-4-102. Relationship not Dependent on Marriage
9-4-103. How Parent and Child Relationship Established
9-4-104. Presumption of Paternity
9-4-105. Determination of Father and Child Relationship - Who May Bring Action - When Action May be Brought
9-4-106. Statute of Limitations
9-4-107. Jurisdiction Venue
9-4-108. Parties
9-4-109. Genetic Test
9-4-110. Evidence Relating to Paternity
9-4-111. Civil Action - Trial
9-4-112. Evidence Relating to Costs of Pregnancy, Childbirth, and Genetic Testing
9-4-113. Judgment or Order
9-4-114. Default
9-4-115. Costs
9-4-116. Enforcement of Judgment or Order
9-4-117. Modification of Judgment or Order
9-4-118. Paternity Acknowledgement - Location of Voluntary Acknowledgement
9-4-119. Establishment of Relationship of Father and Child
9-4-120. Effect of Voluntary Acknowledgement of Paternity - Who May Dispute
9-4-121. Filing of Acknowledgement
9-4-122. When Acknowledgement is Voidable
9-4-123. Vacation or Rescission of Acknowledgements
9-4-124. Child Support - Purpose
9-4-125. Child Support - Policy
9-4-126. Child Support - Procedures
9-4-127. Child Support - Determining Support
9-4-128. Child Support Guidelines
Chapter 5. Termination of the Parental-Child Relationship
9-5-101. Purpose
9-5-102. Who May File a Petition
9-5-103. Contents of the Petition
9-5-104. Social Study Prior to Hearing
9-5-105. Notice
9-5-106. The Hearing
9-5-107. Disposition of the Petition
9-5-108. Order of Termination
9-5-109. Effect of Termination Order
Chapter 6. Adoption
9-6-101. Purpose
9-6-102. Definitions
9-6-103. Jurisdiction
9-6-104. Petition for Adoption
9-6-105. Who May File a Petition
9-6-106. When Consent to Adoption is Required
9-6-107. Consents to Adoption
9-6-108. [Withheld]
9-6-109. Investigation Report
9-6-110. Hearing on Adoption
9-6-111. Report and Final Decree of Adoption
9-6-112. Adoption Records
9-6-113. Contents of Adoption Order
9-6-114. Name and Legal Status of Adopted Child
9-6-115. Ecagwaya or Traditional Adoption

TITLE 9a Spirit Lake Tribe Children's Code
Chapter 1. Juvenile Court
1-1-101. Purpose
1-1-102. Juvenile Court
1-1-103. Jurisdiction
1-1-104. Full Faith and Credit
1-1-105. Notice of Legal Rights
1-1-106. Tribal Juvenile Prosecutor Duties
1-1-107. Proceedings; Civil in Nature
1-1-108. Initiation of Proceedings; Petitions
1-1-109. Summons; Issuance; Answer; Service
1-1-110. Promise to Appear
1-1-111. Procedure
1-1-112. Pre-Hearing Examinations and Inquiries
1-1-113. Hearings; Record
1-1-114. Records; Use in Other Court
1-1-115. Juvenile Court Clerk; Records Confidential
1-1-116. Law Enforcement Juvenile Records
1-1-117. Photos and Fingerprints
1-1-118. Hearings; Evidence
1-1-119. Conduct of Hearings
1-1-120. Waiver into Adult Court
1-1-121. Disposition
1-1-122. Authority of the Court
1-1-123. Disposition Alternatives
1-1-124. Place of Detention or Shelter Care
1-1-125. Standards for Shelter Care and Detention Facilities
1-1-126. Judgments of Support
1-1-127. Orders Relating to Judgments or Support
1-1-128. Arrest/Taking a Child into Custody
1-1-129. Search Warrants or Juvenile Apprehension and Detention Orders
1-1-130. Issuance of Search Warrants or Juvenile Apprehension and Detention Orders
1-1-131. Basic Rights After Arrest
1-1-132. Juvenile Arrest; 72-Hour Hearing
1-1-133. Modifications, Revocation or Extension of an Order
1-1-134. Special Rule of Procedure; Traffic Violations
1-1-135. Appeals
1-1-136. Stay Pending Appeal
1-1-137. Records
Chapter 2. Probation, Diversions and Informal Adjustments
2-1-101. Probation Officer
2-1-102. Removal of Probation Officer
2-1-103. Job Description
2-1-104. Duties of Probation Officers
2-1-105. Probation Violations
2-1-106. Periodic Reports
2-1-107. Removal of Juvenile; Violation of Probation
2-1-108. Diversion Agreements
2-1-109. Record of Successful Diversion
2-1-110. Diversion Contracts Admissible
2-1-111. Informal Adjustments
2-1-112. Written agreement to Informal Adjustment
2-1-113. Record of Informal Adjustment
2-1-114. Violation of Informal Adjustment
Chapter 3. Children and Social Services
3-1-101. Definitions
3-1-102. Parents' Rights and Responsibilities
3-1-103. Rights of Child in Foster Care or Custody of Another
3-1-104. Rights and Responsibilities of Foster Parents
3-1-105. Rights and Responsibilities of Social Service Agency
3-1-106. Authority of Medical Doctor
3-1-107. Service Providing
3-1-108. Guardian Ad Litem
3-1-109. Receipt of Indian Child Welfare Act Referrals
3-1-110. Duties of the Chief Judge/Indian Child Welfare Act Referral
3-1-111. Investigation and Determinations of Indian Child Welfare Act Referrals
3-1-112. Emergency Custody of Child
3-1-113. Termination of Emergency Removal
3-1-114. Permanent Planning
3-1-115. Plan Requirements
3-1-116. Order of Preference
3-1-117. Factors in Placement
Chapter 4. Reporting Child Abuse and Neglect
4-1-101. Purpose
4-1-102. Basis for Report
4-1-103. Child Protection Team
4-1-103(a). Who Must Report
4-1-104. Reporting Non-attendance of school
4-1-105. Who is Encouraged to Report
4-1-106. Confidentiality of Reporter/Immunity from Legal Liability
4-1-107. Reporting
4-1-108. Penalty for Not Investigating
4-1-109. Investigation of the Report
4-1-110. Interviewing the Child
4-1-111. Disclosure of Information
4-1-112. Protective Custody by a Physician
4-1-113. Legal Authority
4-1-114. Photographs and X-Rays
4-1-115. Severance Clause
Chapter 5. Customary Adoption
5-1-101. Purpose
5-1-102. Application
5-1-103. Court Procedures
5-1-104. Recognition of Foreign Customary Adoption Orders
Resolution No. A05-09-133

TITLE 10 Corporations and Tribal Entities
Chapter 1. General Provisions
10-1-101. Short Title
10-1-102. Scope
10-1-103. Purpose and Construction
10-1-104. Definitions
10-1-105. Office of Corporations
10-1-106. Status of Corporations
10-1-107. Reporting Requirements
10-1-108. Jurisdiction of Tribal Court
10-1-109. Registered Agent
10-1-110. Liability of Shareholders or Members
10-1-111. Corporate Name
10-1-112. Fees
Chapter 2. Business Corporations
Part 1: Formation of Corporations
10-2-101. Scope of Chapter
10-2-102. General Powers of Business Corporations
10-2-103. Defense of Ultra Vires
10-2-104. Articles of Incorporation
10-2-105. Filing of Articles of Incorporation
10-2-106. Effect of Filing the Articles of Incorporation - Certificate of Incorporation
10-2-107. Organization Meeting of Directors
Part 2: Shares, Shareholders and Distributions
10-2-201. Authorized Shares
10-2-202. Certificates Representing Shares
10-2-203. Subscription for Shares
10-2-204. Determination of Price -- Payment for Shares
10-2-205. Expenses of Organization, Reorganization and Financing
10-2-206. Stockholder's Liability -- Consideration for Shares
10-2-207. Stated Capital; Determination of Amount
10-2-208. Payment of Deficits Out of Capital Surplus or Earned Surplus
10-2-209. Insolvent Corporation Prohibited from Purchasing Own Shares
10-2-210. Share Transfer Restrictions
10-2-211. Offer to Sell Shares
10-2-212. Notice of Transfer Restrictions on Issued Shares
10-2-213. Transfer of Shares in Breach of Transfer Restrictions
10-2-214. Sale of Assets
10-2-215. Election Not to Have a Board of Directors
10-2-216. Agreements Among Shareholders
10-2-217. Shareholders' Right to Inspect Records
10-2-218. Annual Meeting
10-2-219. Special Meeting of Shareholders
10-2-220. Notice of Shareholders' Meetings
10-2-221. Shareholder Sale Option at Death
10-2-222. Actions by Shareholders of Close Corporations
10-2-223. Limited Liability
Part 3: Directors and Officers
10-2-301. Duties of Board of Directors
10-2-302. Qualifications of Directors
10-2-303. Terms of Directors
10-2-304. Removal of Directors by Shareholders
10-2-305. Removal of Directors by Judicial Proceeding
10-2-306. Meetings
10-2-307. Action Without Meeting
10-2-308. Notice of Meeting
10-2-309. Waiver of Notice
10-2-310. Quorum and Voting
10-2-311. General Standards for Directors
10-2-312. Director Conflict of Interest
10-2-313. Liability for Unlawful Distributions
10-2-314. Officers
10-2-315. Standards of Conduct for Officers
10-2-316. Resignation and Removal of Officers
10-2-317. Indemnification of Corporate Agents
10-2-318. Mandatory Indemnification
10-2-319. Insurance
Part 4: Amendment of Articles of Incorporation
10-2-401. Resolution of Proposed Amendment
10-2-402. Notice of Proposed Amendment
10-2-403. Vote of Shareholders at Meeting
10-2-404. Classes of Shares Entitled to Vote
10-2-405. Articles of Amendment
Part 5: Dissolution
10-2-501. Dissolution by Board of Directors and Shareholders
10-2-502. Shareholder Option to Dissolve the Corporation
10-2-503. Articles of Dissolution
10-2-504. Effect of Dissolution
10-2-505. Known Claims Against Dissolved Corporation
10-2-506. Unknown Claims Against Dissolved Corporation
10-2-507. Grounds for Administrative Dissolution
10-2-508. Procedure for and Effect of Administrative Dissolution
10-2-509. Grounds for Judicial Dissolution
10-2-510. Procedure for Judicial Dissolution
10-2-511. Decree of Dissolution
10-2-512. Deposit with Tribal Treasurer
Chapter 3. Non-Profit Corporations
Part 1: Formation

10-3-101. Scope of Chapter
10-3-102. Definitions
10-3-103. Purposes and Powers of Non-Profit Corporations
10-3-104. Limitations
10-3-105. Limitations on Private Foundations
10-3-106. Defense of Ultra Vires
10-3-107. Articles of Incorporation
10-3-108. Filing of Articles of Incorporation
10-3-109. Effect of Filing of Articles of Incorporation -- Certificate of Incorporation
10-3-110. Organization Meeting of Directors
Part 2: Members
10-3-201. Admission of Members
10-3-202. Differences in Rights and Obligations of Members
10-3-203. Transfers
10-3-204. Resignation
10-3-205. Termination
10-3-206. Purchase of Memberships
10-3-207. Annual Meeting of Members
10-3-208. Special Meetings of Members
10-3-209. Notice of Members' Meetings
10-3-210. Waiver of Notice
10-3-211. Action by Written Ballot
10-3-212. Voting Rights of Members in General
10-3-213. Inspection of Corporate Records
10-3-214. Limitations on use of Membership Lists
Part 3: Directors and Officers
10-3-301. Duties of Board of Directors
10-3-302. Qualifications of Directors
10-3-303. Terms of Directors
10-3-304. Removal of Elected Directors
10-3-305. Removal of Designated or Appointed Directors
10-3-306. Removal or Directors by Judicial Proceeding
10-3-307. Vacancy on Board
10-3-308. Meetings
10-3-309. Action without Meeting
10-3-310. Notice of Meeting
10-3-311. Waiver of Notice
10-3-312. Quorum and Voting
10-3-313. General Standards for Directors
10-3-314. Director Conflict of Interest
10-3-315. Liability for Unlawful Payments
10-3-316. Officers
10-3-317. Standards of Conduct for Officers
10-3-318. Resignation and Removal of Officers
10-3-319. Indemnification of Corporate Agents
10-3-320. Mandatory Indemnification
10-3-321. Advance for Expenses
10-3-322. Court-Ordered Indemnification
10-3-323. Determination and Authorization of Indemnification
10-3-324. Insurance
Part 4: Amendment of Articles of Incorporation
10-3-401. Amendments to Bylaws and Articles of Corporations Without Members
10-3-402. Amendments to Bylaws and Articles of Corporations With Members
10-3-403. Approval by Third Parties
10-3-404. Articles of Amendment
Part 5: Dissolution
10-3-501. Dissolution of Corporations Without Members
10-3-502. Voting on Dissolution by Directors and Members
10-3-503. Distributions by Public Benefit Corporations
10-3-504. Articles of Dissolution
10-3-505. Effect of Dissolution
10-3-506. Known Claims against Dissolved Corporations
10-3-507. Unknown Claims Against Dissolved Corporations
10-3-508. Grounds for Administrative Dissolution
10-3-509. Procedure for and Effect of Administrative Dissolution
10-3-510. Grounds for Judicial Dissolution
10-3-511. Procedure for Judicial Dissolution
10-3-512. Receivership or Custodianship
10-3-513. Decree of Dissolution
10-3-514. Deposit with Tribal Treasurer
Chapter 4. Tribal Entities
Part 1: General Provisions

10-4-101. Scope
10-4-102. Purpose and Construction
10-4-103. Definitions
10-4-104. Status of a Tribal Entity
10-4-105. Preexisting Tribal Entities
10-4-106. Sovereign Immunity and Waiver
10-4-107. Assets of a Tribal Entity
Part 2: Creation and Regulation of a Tribal Entity
10-4-201. Tribal Entity Charter
10-4-202. Delegation of Essential Governmental Functions to Tribal Entities
10-4-203. Liability of Members of Governing Body of Tribal Entities
10-4-204. Disposition of Assets
10-4-205. Amendment of Tribal Entity Charter

TITLE 11 Commercial Code
Chapter 1. General Commercial Provisions
Part 1: Short Title, Construction, Application and Subject Matter of this Title

11-1-101. Short Title
11-1-102. Purposes; Rules of Construction; Variation by Agreement
11-1-103. Supplementary General Principles of Law Applicable
11-1-104. Construction Against Implicit Repeal
11-1-105. Territorial Application of this Title; Parties' Power to Choose Applicable Law
11-1-106. Remedies to be Liberally Administered
11-1-107. Waiver or Renunciation of Claim or Right After Breach
11-1-108. Severability
11-1-109. Section Captions
11-1-110. Supplication to Pre-Existing Transactions
Part 2: General Definitions and Principles
11-1-201. General Definitions
11-1-202. Prima Facie Evidence by Third Party Document
11-1-203. Obligation of Good Faith
11-1-204. Time; Reasonable Time; Seasonably
11-1-205. Course of Dealing and Usage of Trade
11-1-206. [Reserved]
11-1-207. Performance or Acceptance Under Reservation of Rights
11-1-208. Option to Accelerate at Will
11-1-209. Subordinated Obligations
Chapter 2. Sales
Part 1: Short Title, General Construction and Subject Matter

11-2-101. Short Title
11-2-102. Scope; Certain Security and Other Transactions Excluded from this Chapter
11-2-103. Definitions and Index of Definitions
11-2-104. Definitions
11-2-105. Definitions
11-2-106. Definitions
11-2-107. Goods to be Severed from Realty; Recording
Part 2: Form, Formation and Readjustment of Contract
11-2-201. Formal Requirements; Statute of Frauds
11-2-202. Final Written Expression: Parol or Extrinsic Evidence
11-2-203. Seals Inoperative
11-2-204. Formation in General
11-2-205. Firm Offers
11-2-206. Offer and Acceptance in Formation of Contract
11-2-207. Additional Terms in Acceptance or Confirmation
11-2-208. Course of Performance or Practical Construction
11-2-209. Modification, Rescission and Waiver
11-2-210. Delegation of Performance; Assignment of Rights
Part 3: General Obligations and Construction of Contract
11-2-301. General Obligations of Parties
11-2-302. Unconscionable Contract or Clause
11-2-303. Allocation or Division of Risks
11-2-304. Price Payable in Money, Goods, Realty, or Otherwise
11-2-305. Open Price Term
11-2-306. Output, Requirements and Exclusive Dealings
11-2-307. Delivery in Single Lot or Several Lots
11-2-308. Absence of Specified Place for Delivery
11-2-309. Absence of Specific Time Provisions; Notice of Termination
11-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation
11-2-311. Options and Cooperation Respecting Performance
11-2-312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement
11-2-313. Express Warranties by Affirmation, Promise, Description, Sample
11-2-314. Implied Warranty: Merchantability; Usage of Trade
11-2-315. Implied Warranty: Fitness for Particular Purpose
11-2-316. Exclusion or Modification of Warranties
11-2-317. Cumulation and Conflict of Warranties Express or Implied
11-2-318. Third Party Beneficiaries of Warranties Express or Implied
11-2-319. F.O.B. and F.A.S. Terms
11-2-320. C.I.F. and C. & F. Terms
11-2-321. C.I.F. or C. & F.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival
11-2-322. Delivery "Ex-Ship"
11-2-323. Form of Bill of Lading Required in Overseas Shipment; "Overseas"
11-2-324. "No Arrival, No Sale" Term
11-2-325. "Letter of Credit" Term; "Confirmed Credit"
11-2-326. Sale on Approval and Sale or Return; Consignment Sales and Rights of Creditors
11-2-327. Special Incidents of Sale on Approval and Sale or Return
11-2-328. Sale by Auction
Part 4: Title, Creditors, and Good Faith Purchasers
11-2-401. Passing of Title; Reservation for Security; Limited Application of this Section
11-2-402. Rights of Seller's Creditors against Sold Goods
11-2-403. Power to Transfer; Good Faith Purchase of Goods; "Entrusting"
Part 5: Performance
11-2-501. Insurable Interest in Goods; Manner of Identification of Goods
11-2-502. Buyer's Right to Goods on Seller's Insolvency
11-2-503. Manner of Seller's Tender of Delivery
11-2-504. Shipment by Seller
11-2-505. Seller's Shipment under Reservation
11-2-506. Rights of Financing Agency
11-2-507. Effect of Seller's Tender; Delivery on Condition
11-2-508. Cure by Seller of Improper Tender or Delivery; Replacement
11-2-509. Risk of Loss in the Absence of Breach
11-2-510. Effect of Breach on Risk of Loss
11-2-511. Tender of Payment by Buyer; Payment by Check
11-2-512. Payment by Buyer Before Inspection
11-2-513. Buyer's Right to Inspection of Goods
11-2-514. When Documents Deliverable on Acceptance; When on Payment
11-2-515. Preserving Evidence of Goods in Dispute
Part 6: Breach, Repudiation and Excuse
11-2-601. Buyer's Rights on Improper Delivery
11-2-602. Merchant Buyer's Duties as to Rightfully Rejected Goods
11-2-603. Merchant Buyer's Duties as to Rightfully Rejected Goods
11-2-604. Buyer's Options as to Salvage of Rightfully Rejected Goods
11-2-605. Waiver of Buyer's Objections by Failure to Particularize
11-2-606. What Constitutes Acceptance of Goods
11-2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over
11-2-608. Revocation of Acceptance in Whole or in Part
11-2-609. Right to Adequate Assurance of Performance
11-2-610. Anticipatory Repudiation
11-2-611. Retraction of Anticipatory Repudiation
11-2-612. "Installment Contract"; Breach
11-2-613. Casualty to Identified Goods
11-2-614. Substituted Performance
11-2-615. Excuse by Failure of Presupposed Conditions
11-2-616. Procedure on Notice Claiming Excuse
Part 7: Remedies
11-2-701. Remedies for Breach of Collateral Contracts Not Impaired
11-2-702. Seller's Remedies on Discovery of Buyer's Insolvency
11-2-703. Seller's Remedies in General
11-2-704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods
11-2-705. Seller's Stoppage of Delivery in Transit or Otherwise
11-2-706. Seller's Resale Including Contract for Resale
11-2-707. "Person in the Position of a Seller"
11-2-708. Seller's Damages for Non-Acceptance or Repudiation
11-2-709. Actin for the Price
11-2-710. Seller's Incidental Damages
11-2-711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods
11-2-712. "Cover"; Buyer's Procurement of Substitute Goods
11-2-713. Buyer's Damages for Non-Delivery or Repudiation
11-2-714. Buyer's Damages for Breach in Regard to Accepted Goods
11-2-715. Buyer's Incidental and Consequential Damages
11-2-716. Buyer's Right to Specific Performance or Replevin
11-2-717. Deduction of Damages from the Price
11-2-718. Liquidation or Limitation of Damages; Deposits
11-2-719. Contractual Modifications or Limitation of Remedy
11-2-720. Effect of "Cancellation" or "Rescission" on Claims for Antecedent Breach
11-2-721. Remedies for Fraud
11-2-722. Who Can Sue Third Parties for Injury to Goods
11-2-723. Proof of Market Price: Time and Place
11-2-724. Admissibility of Market Quotations
11-2-725. Statute of Limitations in Contracts for Sale
Chapter 3. Reserved
Chapter 4. Reserved
Chapter 5. Reserved
Chapter 6. Reserved
Chapter 7. Reserved
Chapter 8. Reserved

Chapter 9. Secured Transactions
Part 1: Short Title, Applicability and Definitions

11-9-101. Short Title
11-9-102. Policy and Scope of Chapter
11-9-103. Perfection of Security Interests in Transactions Involving More than One Jurisdiction
11-9-104. Transactions Excluded from Chapter
11-9-105. Definitions and Index of Definitions
11-9-106. Definitions
11-9-107. Definitions
11-9-108. When After-Acquired Collateral is Not Security for an Antecedent Debt
11-9-109. Classification of Goods: "Consumer Goods"; "Equipment"; "Farm Products"; "Inventory"
11-9-110. Sufficiency of Description
11-9-111. Applicability of Bulk Transfers Laws
11-9-112. Where Collateral is Not Owned by the Debtor
11-9-113. Security Interests Arising Under Chapter on Sales
11-9-114. Consignment
Part 2: Validity of Security Agreement and Rights of Parties Thereto
11-9-201. General Validity of Security Agreements
11-9-202. Title to Collateral Immaterial
11-9-203. Enforceability of Security Interests; Proceeds; Formal Requisites
11-9-204. After-Acquired Property; Future Advances; Crop Liens
11-9-205. Use or Disposition of Collateral without Accounting is Permissible
11-9-206. Agreement Not to Assert Defenses Against an Assignee; Modification of Sales Warranties where a Security Agreement Exists
11-9-207. Rights and Duties when Collateral is in the Secured Party's Possession
11-9-208. Request for Statement of Account or List of Collateral
Part 3: Rights of Third Parties; Perfected and Unperfected Security Interests; Rules of Priority
11-9-301. Persons who Take Priority over Unperfected Security Interests; Rights of the "Lien Creditor"
11-9-302. When Filing is Required to Perfect a Security Interest; Security Interests to which the Filing Provisions of this Chapter Do Not Apply
11-9-303. When a Security Interest is Perfected; Continuity of Perfection
11-9-304. Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection without Filing or Transfer of Possession
11-9-305. When Possession by Secured Party Perfects Security Interest without Filing
11-9-306. "Proceeds"; the Secured Party's Rights on Disposition of Collateral
11-9-307. Protection of Buyers of Goods
11-9-308. Purchase of Chattel Paper and Instruments
11-9-309. Protection of Purchasers of Instruments, Documents, and Securities
11-9-310.Priority of Certain Liens Arising by Operation of Law
11-9-311. Alienability of Debtor's Rights: Judicial Process
11-9-312. Priorities among Conflicting Security Interests in the Same Collateral
11-9-313. Priority of Secured Interests in Fixtures
11-9-314. Accessions
11-9-315. Priority when Goods are Commingled or Processed
11-9-316. Priority Subject to Subordination
11-9-317. Secured Party not Obligated to Contract of Debtor
11-9-318. Defenses Against an Assignee; Modification of a Contract after Notification of Assignment; Term Prohibiting Assignment Ineffective; Identification and Proof of Assignment
Part 4: Filing
11-9-401. Filing Requirements
11-9-402. Place of Filing for Fixtures on Trust or Restricted Land
Part 5: Default
11-9-501. Default; Procedure when Security Agreement Covers Both Real and Personal Property
11-9-502. Collection Rights of Secured Party
11-9-503. Repossession of Personal Property
11-9-504. Secured Party's Right to Dispose of Collateral after Default; Effect of Disposition
11-9-505. Compulsory Disposition of Collateral; Acceptance of the Collateral as a Discharge of Obligation
11-9-506. Debtor's Right to Redeem Collateral
11-9-507. Secured Party's Liability for Failure to Comply with This Part

TITLE 12 Beekeeping
Chapter 1. Findings, Application, Definitions
12-1-101. Findings
12-1-102. Application
12-1-103. Definitions
Chapter 2. Bee Inspector
12-2-101. Appointment
12-2-102. Bee Inspector -- Duties -- Powers
Chapter 3. Licenses and Fees
12-3-101. License Required
12-3-102. Commercial License
12-3-103. Noncommercial License
12-3-104. Application for License -- Renewal of License
12-3-105. Registration of Apiary
Chapter 4. Requirements and Limitations
12-4-101. Limitations on Commercial Apiary Locations
12-4-102. Pollination Apiary
12-4-103. Identification of Hives
12-4-104. Abandoned Apiary and Abandoned Equipment
Chapter 5. Enforcement
12-5-101. Civil Penalties for Violations
12-5-102. Criminal Penalties
12-5-103. Enforcement Hearings

TITLE 13 Exclusion
13-1-101. Title
13-1-102. Authority
13-1-103. Definition of Devil's Lake Sioux Land
13-1-104. Who May be Excluded; Extent of Exclusion
13-1-105. Grounds for Exclusion
13-1-106. Complaint for Exclusion
13-1-107. Notice of Proposed Exclusion
13-1-108. Exclusion Hearing Before Tribal Council
13-1-109. Enforcement Proceedings
13-1-110. Physical Removal -- Emergency
13-1-111. Finality of Exclusion Order
13-1-112. Separability

TITLE 14 Businesses
Chapter 1. Business Licensing
Part 1: Legislative Findings and Purpose

14-1-101. Sovereign Power to Regulate and License Business and Impose License Fees Therefor
14-1-102. Purpose
14-1-103. Definition
14-1-104. Administration of Chapter
14-1-105. Administrative Actions
14-1-106. Agreements with Federal, State and Local Governments
Part 2: Business Licenses
14-1-201. Applicability
14-1-202. Application and Issuance
14-1-203. Denial of License and Appeal
14-1-204. Exemptions
14-1-205. Classes of Licenses
14-1-206. Conditions of License
Part 3: Sanctions
14-1-301. Revocation of License; Failure to Obtain License; Show Cause Hearing
14-1-302. Civil Penalties and Restitution
14-1-303. Removal and Exclusion of Non-Indians
14-1-304. Other Remedies
14-1-305. Expedited Administrative Appeal
14-1-306. Direct Appeal to the Tribal Court
14-1-307. Expedited Direct Appeal to the Tribal Court
Part 4: Savings Clause
14-1-401. Savings Clause
Chapter 2. Consumer Protection
Part 1: General Provisions

14-2-101. Unfair and Deceptive Practices Unlawful
14-2-102. Unsolicited Merchandise
14-2-103. Advertising Media Exempt Without Knowledge of Unlawfulness
14-2-104. Tribe May Restrain Prohibited Acts
14-2-105. Civil Action for Damages
14-2-106. Limitation of Actions
Part 2: Home Solicitation Sales
14-2-201. Definitions
14-2-202. Cancellation Period -- Method of Cancellation -- Intent
14-2-203. Referral Sales -- Rebate or Discount Violations
14-2-204. Agreement Requirement
NOTICE TO BUYER
NOTICE OF CANCELLATION
14-2-205. Evidence of Indebtedness
14-2-206. Time Limitation -- Disposition of Goods
14-2-207. Buyer Responsibility -- Services
14-2-208. Exception
14-2-209. Violations
Chapter 3. Food Sanitation
14-3-101. Health Board
14-3-102. License Fees
14-3-103. Duration of Licenses
14-3-104. Inspection
14-3-105. Reinstatement After Revocation
14-3-106. Tribal Court Jurisdiction
14-3-107. Condition for Issuance of License
14-3-108. Application for License
14-3-109. Standards Applicable
14-3-110. Violations

TITLE 15 Employment Rights
Chapter 1. General Provision and Scope
15-1-101. Name
15-1-102. Findings
15-1-103. Legal Authority
15-1-104. [Reserved]
15-1-105. [Reserved]
15-1-106. Scope of Coverage
15-1-107. Personnel Policy and Procedure Manuals
15-1-108. Effective Date
15-1-109. Severability
15-1-110. Prior Laws
15-1-111. Sovereign Immunity
Chapter 2. Definitions
15-2-101. Clarification
15-2-102. Chairperson
15-2-103. Conflict of Interest
15-2-104. Commission
15-2-105. Commissioner
15-2-106. Core Crew
15-2-107. Council
15-2-108. EEOC
15-2-109. Employer
15-2-110. Engaged to Work on the Reservation
15-2-111. FEPC
15-2-112. Good Cause
15-2-113. Indian
15-2-114. Indian-Owned Business
15-2-115. Located on the Reservation
15-2-116. OFCCP
15-2-117. Reservation
15-2-118. Secretary
15-2-119. Tribal Member; Member
15-2-120. Tribe
15-2-121. Working Days
Chapter 3. Employment Rights Commission
15-3-101. Commission Members
15-3-102. Terms of Office
15-3-103. Ineligibility; Conflicts of Interest
15-3-104. Removal from Office
15-3-105. Vacancy and Interim Appointment
15-3-106. Chairperson
15-3-107.(1) Vice-Chairperson
15-3-107.(2) Secretary
15-3-107.(3) Duties of the Commission
15-3-108. Powers of the Commission
15-3-109. Director
15-3-110. Powers and Duties of the Director
15-3-111. Finances
Chapter 4. Employment Rights Program
15-4-101. Indian Preference Required
15-4-102. Priority of Employment Preferences
15-4-103. Minimum Numerical Goals and Timetables for Indian Employment
15-4-104. Training
15-4-105. Qualifications and Personnel Requirements
15-4-106. Tribal Skills Bank
15-4-107. Counseling and Support Programs
15-4-108. Lay-Offs
15-4-109. Promotions
15-4-110. Summer Students
15-4-111. Recognition of Freedom of Religion
15-4-112. Indian Preference in Contracting and Subcontracting
15-4-113. Indian Preference in Certification
15-4-13.(2) Materials Preference
Chapter 5. Employment Rights Fees
15-5-101. Assessment of Fees
15-5-102. Contractors and Subcontractors
15-5-103. Other Employers
15-5-104. Work Permits
15-5-105. Tribal Members
15-5-106. Accounting and Rebates
15-5-107. Collection of Fees
Chapter 6. Compliance by Unions
15-6-101. Union Agreement Required
15-6-102. Contents of Union Agreements
15-6-103. Model Union Agreement
15-6-104. Recognition of Unions
15-6-105. No Grant of Jurisdiction
15-6-106. Union Restriction
Chapter 7. Procedures
15-7-101. Compliance
15-7-102. Complaint Procedure
15-7-103. Investigations; General
15-7-104. Request for Hearings
15-7-105. Serving Notice of a Hearing
15-7-106. Contents of the Notice of Hearing
15-7-107. Conflict of Interest
15-7-108. Rules of Procedure
15-7-109. Decisions
15-7-110. Employer Cooperation
15-7-111. Penalization of Employees
Chapter 8. Penalties for Violation
Chapter 9. Appeals
Chapter 10. Attachment, Confiscation and Sale
Chapter 11. Publication of Title
Chapter 12. Obligations of Employers

15-12-101. Compliance with Tribal Law
15-12-102. Compliance Plan
Chapter 13. Reporting and On-Site Inspection
15-13-101. Reporting Requirements
15-13-102. Confidentiality
15-13-103. On-Site Inspections
Chapter 14. Harassment
Chapter 15. Regulations

TITLE 16 Health and Sanitation
Chapter 1. Garbage Control
16-1-101. Findings
16-1-102. Definitions
16-1-103. Garbage Disposal on the Reservation
16-1-104. Garbage Disposal Sites
16-1-105. Operating an Unauthorized Disposal Site
16-1-106. Penalties

TITLE 17 Utilities
Chapter 1.Legislative Findings, Purpose, and Scope
17-1-101. Legislative Findings
17-1-102. Purpose
17-1-103. Benefits of Tribal Government
17-1-104. Territory, Persons and Property Affected
Chapter 2. General Provisions
17-2-101. Definitions
17-2-102. Intent of Tribe to Preempt State Law
17-2-103. Sovereign Immunity
Chapter 3. Tribal Utility Commission
17-3-101. Creation of Commission
17-3-102. Number and Selection of Commissioners
17-3-103. Terms of Office
17-3-104. First Commission
17-3-105. Vacancies
17-3-106. Resignation
17-3-107. Removal
17-3-108. President of the Commission
17-3-109. Duties of President
17-3-110. Offices of Tribal Utility Commission
17-3-111. Compensation of Commissioners
17-3-112. Quorum
17-3-113. Majority Vote
17-3-114. General Procedures of the Commission
17-3-115. Tribal Utility Commission Director
17-3-116. Tribal Utility Commission Account Established
Chapter 4. Powers and Duties of Commission
17-4-101. Jurisdiction and Powers of Commission
17-4-102. Accounting Systems
17-4-103. Annual Reports
17-4-104. Depreciation Rates and Practices
17-4-105. Right of Entrance; Inspection
17-4-106. Production of Records
17-4-107. Investigation
17-4-108. Hearings; Examiner
17-4-109. Appointment of Examiner; Power of Examiner
17-4-110. Rules of the Commission
17-4-111. Commission Employees and Expenses
17-4-112. Bonds
17-4-113. Records of the Commission
Chapter 5. Duties of Public Utilities
17-5-101. Utility to Provide Adequate Service
17-5-102. Reasonable Charge for Services and Commodities of Utility
17-5-103. Standard of Service
17-5-104. Violation of Prescribed System of Accounts Unlawful
17-5-105. Customer Deposits; Interest
17-5-106. Unreasonable Preferences or Advantages Prohibited
17-5-107. Orders of the Commission; Observance by Utility
17-5-108. Disconnection During Cold Weather
Chapter 6. Electric Utility Franchises
17-6-101. Definitions
17-6-102. Public Policy Regarding Assigned Service Areas for Electric Utilities
17-6-103. Assigned Service Areas
17-6-104. Exclusive Service Rights
17-6-105. Service Extensions
17-6-106. Enforcement of Chapter
17-6-107. Terms by Which Facilities of One Utility May Cross Those of Another Utility
17-6-108. Use by One Utility of the Facilities of Another Utility
Chapter 7. Electric Utility Rates and Tariffs
17-7-101. Changes in Tariff Rates; Notice to Commission
17-7-102. Hearing by Commission on Proposed Change of Rates
17-7-103. Factors in Establishing Rate Adjustments
17-7-104. Non-Interference with Federal Programs
17-7-105. Reasonable Rates
17-7-106. Testing Meters; Gas; Electric [Reserved]
17-7-107. Publishing of Schedules
17-7-108. Rate Preference Prohibited
17-7-109. Valuation of Electric Utility Property [Reserved]
Chapter 8. Telecommunications Companies [Reserved]
Chapter 9. Pipeline Utilities [Reserved]
Chapter 10. Gas Utilities [Reserved]
Chapter 11. Water Companies [Reserved]
Chapter 12. Heating Utilities [Reserved]
Chapter 13. Other Public Utilities [Reserved]

Chapter 14. Procedure on Regulation
17-14-101. Complaints
17-14-102. Decisions of Commission; Rescission or Amendment
17-14-103. Effective Date of Orders and Decisions
17-14-104. Conclusive Effect of Orders and Decisions of Commission
17-14-105. Improper Action Taken by Utility; Recovery of Damages
17-14-106. Rehearings Before Commission
17-14-107. Subpoena; Witnesses; Fees; Mileage
17-14-108. Oaths; Contempt; Examiner's Powers
17-14-109. Depositions
17-14-110. Testimony and Production of Records; Perjury
17-14-111. Copies of Documents as Evidence
17-14-112. Orders and Findings in Writing
17-14-113. Public Records
17-14-114. Transcribed Record to be Kept
17-14-115. Appeal from Decision of Commission
17-14-116. Judicial Review
17-14-117. Stay on Judicial Review; Bond
17-14-118. Appeal to Tribal Appeals Court
17-14-119. Excessive or Discriminatory Charges; Reparation
17-14-120. Standards; Classifications
Chapter 15. Civil Infractions
17-15-101. Purpose
17-15-102. Civil Action
17-15-103. Violation of This Title or Commission Order or Rule
17-15-104. Cumulative Fines

TITLE 18 Conservation
Chapter 1. Introduction
1.01. Title
1.02. Authority
1.03. Purpose
1.04. Jurisdiction
1.05. Effective Date
1.06. Severability and Non-Liability
1.07. Repeal of Inconsistent Tribal Ordinances
1.08. Court
Chapter 2. Definitions
Chapter 3. General Provisions
3.01. Activity Closure
3.02. Unlawful Take
3.03. Title to Fish, Wildlife, and Plants
Chapter 4. Administration and Supervision
4.01. Fish, Wildlife and Recreation Division
4.02. Fish, Wildlife and Recreation Committee
4.03. Director of Fish, Wildlife and Recreational Division
4.04. Collection of Permit Fees, Forfeitures, and Fines
4.05. Expenditure of Funds
4.06. Cooperative and Reciprocal Agreements
Chapter 5. Duties of Conservation Officers
Chapter 6. Enforcement
6.01. Enforcement by Tribal Conservation Officers
6.02. Enforcement by State Conservation Officers
6.03. Search and Seizure When Authorized
6.04. Investigation and Citations
6.05. Registration Information
6.06. Penalties and Sanctions
6.07. Bond Forfeiture Schedule
6.08. Parties to a Violation
6.09. Harvesting After Revocation or Suspension
Chapter 7. Big Game Harvest
7.01. Permits and Identification
7.02. Wanton Waste of Fish, Wildlife and Plants
7.03. Larceny of Fish, Wildlife and Plants
7.04. Use of poison and Explosives
7.05. Throwing Refuse in Waters
7.06. Scientific Investigation
7.07. Seasons
7.08. Unlawful Possession
7.09. Bag and Possession Limits
7.10. Sharing of Permits and Tags
7.11. Harvesting with Another's Permit
7.12. Shining Animals
7.13. Duties on Accidental Shooting
7.14. Failure to Report Hunting Accidents
7.15. Hunter Education Requirement
7.16. Age Restriction
7.17. Parental Obligation
7.18. Intoxication
7.19. Resisting Conservation Officer
7.20. False Impersonation
7.21. General Restrictions on Hunting and Trapping
7.22. Aircraft
7.23. Pivot Guns
7.24. Tampering with Equipment
7.25. Endangered and/or Threatened Species
7.26. Wildlife Refuges
7.27. Unprotected Species
7.28. Protected Species
7.29. Permissible Conduct
7.30. Emergency Closures
7.31. Hunting Hours
7.32. Introduction of Fish, Wildlife and Plants
Chapter 8. Big Game Harvest Regulations
8.01. General Big Game Provisions
8.02. Open and Closed Seasons
8.03. Number of Permits Available
8.04. Permits and Tags
8.05. Accompaniment of Big Game
8.06. Accompaniment of Non-License
8.07. Senior Citizen and Disabled Permits
8.08. Special Provisions for Disabled
8.09. Special Permits
8.10. Big Game Seasons
8.11. Permissible Methods
8.12. Firearms Restrictions
8.13. Bow/Crossbow Restrictions
8.14. Group Deer Hunting
8.15. Hunting Hours
8.16. Transportation
8.17. Hunting on Certain Lands
8.18. Sale of Big Game
8.19. Removal and Retention of Tags
Chapter 9. Upland Game and Upland Game Birds
9.01. General Provisions
9.02. Open and Closed Seasons
9.03. Permits and Tags
9.04. Accompaniment
9.05. Special Permits
9.06. Seasons
9.07. Permissible Methods
9.08. Firearms Restrictions
9.09. Bow and Arrow Restrictions
9.10. Falconry
9.11. Hunting Hours
9.12. Transportation
9.13. Hunting Certain Lands
9.14. Sale
9.15. Use of Dogs
9.16. Limits
Chapter 10. Furbearers
10.01. General Provisions
10.02. Open and Closed Seasons
10.03. Permits and Tags
10.04. Furbearer Seasons
10.05. Hunting and Trapping Seasons
10.06. Methods of Take
10.07. Use of Traps
10.08. Trapping Area Prohibited
10.09. Possession
10.10. Bobcat Provision
10.11. Use of Dogs
10.12. Depredation
10.13. Buying or Shipping Furs
10.14. Records or Licensed Dealers
10.15. Transportation
10.16. Aerial Hunting
10.17. Motor Vehicles
Chapter 11. Migratory Birds
11.01. General Provisions
11.02. Open and Closed Seasons
11.03. Firearms Restrictions
11.04. Bait Restriction
11.05. Live Decoys
11.06. Permits and Tags
11.07. Seasons, Limits and Hours
11.08. Raptors and Protected Species
11.09. Transportation
11.10. Live Birds
Chapter 12. Fishing
12.01. General Provisions
12.02. Open and Closed Seasons
12.03. Permits and Tags
12.04. Seasons, Creel and Size Limits
12.05. Trespass
12.06. Hook and Line Limitations
12.07. Bait
12.08. Bait Dealers
12.09. Commercial Sale
12.10. Hoop Nets, Traps and Setlines
12.11. Gill Netting
12.12. Spearing
12.13. Landing Aids
12.14. Artificial Lights
12.15. Unattended Lines
12.16. Ice Houses
12.17. Transportation
12.18. Interference
12.19. Restrictions
Chapter 13. Boating
13.01. General Provision
13.02. Safety Equipment
13.03. Prohibited Operations
13.04. Accidents
13.05. Registrations
13.06. Display of Numbers
13.07. Licensing Watercraft for Hire
13.08. Watercraft for Hire
Chapter 14. Guiding
14.01. General Provisions
14.02. License
14.03. Seasons and Limits
14.04. Responsibility
Chapter 15.Timber Harvest
15.01. General Provisions
15.02. Permits
15.03. Responsibility
Chapter 16. Special Permits
16.01. General Provisions/Subsistence Hunting
16.02. Permits
Chapter 17. Proclamation Has Force of Law
17.01. General Provisions
17.02. Proclamation to be Published
17.03. Emergency Openings or Closures
Chapter 18. Conservation Enforcement Performance Standards
Chapter 19. Possession

TITLE 19 Mortgage Recording, Foreclosure and Eviction Ordinance
Chapter 1. Definitions
Chapter 2. Mortgage Approval
2-101. Approval of Secretary of Interior Required
2-102. Approval of Tribe Required
Chapter 3. Recording
3-101. Priority
3-102. Records
3-103. Recording Information
3-104. Certified Copies
3-105. Originals and Copies
3-106. Records Maintenance
3-107. Record Inspection and Copying
3-108. Transfer by Borrower
3-109. Other Filings
3-110. Fees
Chapter 4. General Foreclosure Provisions
4-101. Mortgage Foreclosure Allowed
4-102. Requisites for Foreclosure
4-103. Attorney's Fees
4-104. Limited Right to Enter
4-105. Right of First Refusal to Purchase
4-106. Lease
4-107. Deficiency Judgments
4-108. Voluntary Foreclosure
Chapter 5. Mortgage Foreclosure Procedures
5-101. Commencement
5-102. Service of Process and Procedures
5-103. Power of Tribal Court
5-104. Reinstatement of Mortgage
Chapter 6. Foreclosure Sale
6-101. Notice of Sale
6-102. Requisites of Notice
6-103. Statement of Unpaid Amounts
6-104. Sale, How and By Whom Made
6-105. Limitation on Sale of Property
6-106. Purchase By Mortgage
6-107. Certificate of Conveyance
6-108. Satisfaction of Judgment
6-109. Costs of Foreclosure Sale
6-110. Disposition of Proceeds
6-111. Surplus
Chapter Seven. Eviction Procedures
7-101. Forcible Entry and Unlawful Detainer
7-102. Unlawful Detention of Lands or Tenements
7-103. Recovery of Possession
7-104. Service of Notice
7-105. Proof of Service
7-106. No Restitution if Holder or Tenant Holds Over for Three Years
7-107. Complaint and Summons
7-108. Service of Notice, Summons and Complaint
7-109. Answer; Trial
7-110. Continuance and Bond
7-111. Judgment; Execution
7-112. Continuances in Cases Involving a Mortgagee
7-113. Writ of Restitution; Effect of Appeal
7-114. Appeal; Stay
7-115. Appeal after Issuance of Writ; Stay
7-116. Dismissal of Appeals
7-117. Execution of the Writ of Restitution
7-118. Unlawful Removal or Exclusion; Recovery of Possession
7-119. HUD Representative Authorization
Chapter Eight. Redemption
8-101. Redemption Allowed
8-102. Redemption Procedures
8-103. Certificate of Redemption
8-104. Effect of Redemption
Chapter Nine. Miscellaneous Provisions
9-101. Severability
9-102. Sovereign Immunity
9-103. Applicability of this Ordinance
9-104. Use of Language from Other Laws
9-105. Jurisdiction

TITLE 20 Sex Offender Registration and Community Notification Law
Chapter One. Definitions and Application
20-1-101. Definitions
20-1-102. Classification of Tribal Court Convictions
20-1-103. Classification of State, Local and Federal Court Convictions
20-1-104. Application
20-1-105. Recognition of Foreign Orders
20-1-106. Community Forums and Events
Chapter Two. Sex Offender Registration Requirements
20-2-101. Sex Offender Registration Requirements
20-2-102. Changes in Information
20-2-103. Exemptions
20-2-104. Civil Penalties and Enforcement
Chapter Three. Community Notification
20-3-101. Public Disclosure of Information
20-3-102. Victim Confidentiality
Chapter Four. Juvenile Offenders
20-4-101. Applicability
20-4-102. Registration Requirements
20-4-103. Community Notification
20-4-104. Penalties and Enforcement

TITLE 21 Wodakota: Traditional Court
Section 1. Authority and Purpose
Section 2. Codification
Section 3. Title
Section 4. Philosophy
Section 5. Tribal Prayer
Section 6. Dakota Values
Section 7. Definitions
Section 8. Establishment
Section 9. Applicability
Section 10. Peacemakers: Qualifications, Appointments, Authorities
Section 11. Removal
Section 12. Confidentiality
Section 13. Procedure for Requesting Matter to Heard by Wodakota: Traditional Court
Section 14. Review Process
Section 15. Peacemaker Process
Section 16. Additional Procedures for Juvenile Matters for Wodakota: Traditional Court
Section 17. Principles of Construction
Section 18. Severability
Section19. Sovereign Immunity

CHILDREN'S CODE
(See Title 9a)

Appellate Procedure

TREATY

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

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