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Winnebago Tribe of Nebraska - Code
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Table of Contents.
Title 1. Court rules – Article 1. Preliminary provisions (Preamble. 1-100. Authorization. 1-101. Definitions. 1-102. Territorial jurisdiction. 1-103. Criminal Jurisdiction. 1-104. Personal jurisdiction. 1-105. Jurisdiction over property. 1-106. General subject matter jurisdiction limitations. 1-107. Civil jurisdiction. 1-108. Juvenile jurisdiction. 1-109. Law to be applied. 1-110. Exclusive jurisdiction. 1-111. Constitutional authority. 1-112. Name of code. 1-113. Prior inconsistent ordinances repealed. 1-114. Amendment of code). Article 2. Establishment of courts: judges and other court personnel (1-201. Trial court established. 1-202. Court of appeals, appeal of right. 1-203. Tribal court judges. 1-204. Minimum qualifications of judges 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 hearings—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 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. Clerks 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. Function of the defender(s)). Article 3. Winnebago Supreme Court: rules of appellate procedure applicability of rules (Rule 1. Scope of rules. 2. Suspension of rules). Part II. Appeals from judgements and orders of the Tribal Court (Rule 3. Appeal as of right – how taken. 4. Appeal as of right – when taken. 5. [Reserved for provisions relating to interlocutory appeals in civil actions]. 6. [Reserved for provisions relating to interlocutory appeals in criminal actions]. 7. Bond for costs on appeal in civil cases. 8. Stay or injunction pending appeal. 9. Release in criminal cases. 10. The record on appeal. 11. Transmission of record. 12. Docketing the appeal; filing the record). Part III. Reserved (Rule 13. [Reserved]. 14. [Reserved]. 15. [Reserved]). Part IV. Reserved (Rule 16. [Reserved]. 17. [Reserved]. 18. [Reserved]. 19. [Reserved]. 20. [Reserved]). Part V. Extraordinary writs (Rule 21. Writs. 22. Habeas corpus proceedings. 23. Custody of prisoners in habeas corpus proceedings. 24. Proceedings in forma pauperis). Part VII. General provisions (Rule 25. Filing and service. 26. Computation and extension of time. 27. Motion. 28. Briefs. 29. Brief of an amicus curiae. 30. Appendix to the briefs. 31. Filing and service of briefs. 32. Form of briefs, the appendix and other papers. 33. Prehearing conference. 34. Oral argument. 35. Determination of causes by the court en banc. 36. Entry of judgement. 37. Interest on judgements. 38. Damages for delay. 39. Costs. 40. Petition for rehearing. 41. Issuance of mandate. 42. Voluntary dismissal. 43. Substitution of parties. 44. Cases involving constitutional or Indian Civil Rights Act question where the Winnebago Tribe is not a party). Article 4. Counselors and professional attorneys (1-400. Lay counsel. 1-401. Right to be represented by an attorney. 1-402. Eligibility for admission. 1-403. Procedure for admission. 1-404. Disbarment and discipline. 1-405. Standards of conduct and obligations for attorneys and lay counsel. 1-406. Oath of attorneys and lay counselors). Article 5. Contempts (1-500. Acts or failures to act which constitute contempt of court. 1-501. Civil contempt. 1-502. Criminal contempt. 1-503. Contempt procedure). Article 6. Selection of jurors (1-600. Eligibility for jury duty. 1-601. Jury lists. 1-602. Jury panel selection procedures. 1-603. Power to excuse jurors. 1-604. Compensation of jurors). Article 7. Judicial conduct (1-700. Adoption of code of judicial conduct. 1-701. Canon 1. A judge should uphold the integrity and independence of the judiciary. 1-702. Canon 2. A judge should avoid impropriety and the appearance of impropriety in all his/her activities. 1-703. Canon 3. A judge should perform the duties of his/her office impartially and diligently. 1-704. Canon 4. A judge may engage in activities to improve the law, the legal system, and administration of justice. 1-705. Canon 5. A judge should regulate his/her extra-judicial activities to minimize the risk of conflict with his/her judicial duties. 1-706. Canon 6. A judge should regularly file reports of compensation received for quasi-judicial and extra-judicial activities. 1-707. Canon 7. A judge should refrain from political activity inappropriate to his/her judicial office. 1-708. Compliance with the code of judicial conflict). Article 8. Bonds and sureties (1-800. Justification of surety. 1-801. Qualifications of surety. 1-802. Real estate mortgage as bond. 1-803. 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). Article 9. Miscellaneous (1-900. Deputy may perform official duties. 1-901. Affirmation. 1-902. Publication in patent insides. 1-903. Action on official bond. 1-904. May be several actions on same security. 1-905. Immaterial errors to be disregarded. 1-906. Payments into court for minors and incompetents. 1-907. Conserving moneys obtained for minors or incompetent persons. 1-908. Sharing of judicial officers. 1-909. Sharing of other judicial personnel. 1-910. Sharing of material resources. 1-911. Sharing of financial resources. 1-912. Indians employed in Indian Service [Repealed]. 1-913. Copies of laws. 1-914. Cooperation by federal employees. 1-915. Effect of prior decision of the court. 1-916. Judicial review of legislative and executive actions. 1-917. Action when no procedure provided. 1-918. Adoption by reference not a waiver of sovereign power of the tribe. 1-919. Actions by or against tribe or officer. 1-920. Actions by or against tribe or its officers or employees. 1-921. Principles of construction). Article 10. ([1-1000]. 1-1001. The general counsel shall be the chief legal officer of the tribe. [1-1002-1-1004]).
Title 1A. Winnebago rules of evidence – Article 1. General provisions (Rule 1A-101. Scope. 1A-102. Purpose and construction. 1A-103. Rulings on evidence. 1A-104. Preliminary questions. 1A-105. Limited admissibility. 1A-106. Remainder of or related writings or recorded statements). Article 2. Judicial notice (Rule 1A-201. Judicial notice of adjudicative facts). Article 3. Presumptions (Rule 1A-301. Presumptions in general in civil actions and proceedings. 1A-302. Applicability of state law in civil actions and proceedings). Article 4. Relevancy and its limits (Rule 1A-401. Definition of relevant evidence. 1A-402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 1A-403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. 1A-404. Character evidence: not admissible to prove conduct; exceptions; other crimes. 1A-405. Methods of proving character. 1A-406. Habit; routine practice. 1A-407. Subsequent remedial measures. 1A-408. Compromise and offers to compromise. 1A-409. Payment of medical and similar expenses. 1A-410. Inadmissibility of pleas, offers of pleas, and related statements. 1A-411. Liability insurance. 1A-412. Sex offense cases; relevance of victim's past behavior). Article 5. [Reserved]. Article 6. Witnesses (Rule 1A-601. General rule of competency. 1A-602. Lack of personal knowledge. 1A-603. Oath or affirmation. 1A-604. Interpreters. 1A-605. Competency of judge as witness. 1A-606. Competency of juror as witness. 1A-607. Who may impeach. 1A-608. Evidence of character of conduct of witness. 1A-609. Impeachment by evidence of conviction of crime. 1A-610. Religious beliefs or opinions. 1A-611. Mode and order of interrogation and presentation. 1A-612. Writing used to refresh memory. 1A-613. Prior statements of witnesses. 1A-614. Calling and interrogation of witnesses by court. 1A-615. Exclusion of witnesses). Article 7. Opinion and Expert Testimony (Rule 1A-701. Opinion testimony by lay witnesses. 1A-702. Testimony by experts. 1A-703. Bases of opinion testimony by experts. 1A-704. Opinion on ultimate issue. 1A-705. Disclosure of facts or data underlying expert opinion. 1A-706. Court appointed experts). Article 8. Hearsay (Rule 1A-801. Definitions. 1A-802. Hearsay rule. 1A-803. Hearsay exceptions; availability of declarant immaterial. 1A-804. Hearsay exceptions; declarant unavailable. 1A-805. Hearsay within hearsay. 1A-806. Attacking and supporting credibility of declarant). Article 9. Authentication and identification (Rule 1A-901. Requirement of authentication or identification. 1A-902. Self-authentication. 1A-903. Subscribing witness' testimony unnecessary). Article 10. Contents of writings, recordings and photographs (Rule 1A-1001. Definitions. 1A-1002. Requirement of original. 1A-1003. Admissibility of duplicates. 1A-1004. Admissibility of other evidence of contents. 1A-1005. Public records. 1A-1006. Summaries. 1A-1007. Testimony or written admission of party. 1A-1008. Functions of court and jury). Article 11. Miscellaneous Rules (Rule 1A-1101. Applicability of rules. 1A-1102. Amendments. 1A-1103. Title).
Title 1B. Rules of criminal procedure – Article 1. Scope, purpose, and construction (Rule 1B-101. Scope, purpose and construction). Article 2. Preliminary provisions (Rule 1B-201. Prosecution of offenses. 1B-202. Rights of defendant. 1B-203. Limitation of prosecution. 1B-203.1 Time computations. 1B-204. Extradition). Article 3. Proceedings before trial (Rule 1B-301. The complaint. 1B-302. Arrest warrant or summons to appear; contents; service. 1B-302.1. Service of arrest warrants and summons. 1B-302.2. Citation instead of arrest. 1B-303. Search and seizure. 1B-304. Arrest. 1B-304.1. Arrest in hot pursuit. 1B-304.2. Limitation an arrest in the home. 1B-304.3. Notification of rights. 1B-304.4. Telephone calls. 1B-305. Arraignment. 1B-306. Pre-trial diversion. 1B-307. Commitments. 1B-308. Bail. 1B-309. Joinder. 1B-310. Plea. 1B-310.1. Withdrawing guilty plea. 1B-310.2. Plea bargaining. 1B-311. Pleading and motions before trial; defenses and objections. 1B-312. Joinder of offenses. 1B-313. Discovery and inspection. 1B-314. Subpoena. 1B-315. Dismissal). Article 4. Trial (Rule 1B-401. Trial by jury or by the court. 1B-402. Trial jurors. 1B-403. Order of trial. 1B-404. Trial by judicial panel. 1B-405. Judge disability. 1B-406. Evidence. 1B-407. Expert witnesses and interpreters. 1B-408. Motion for judgment of acquittal; directed verdict. 1b-409. Instructions. 1B-410. Verdict. 1B-411. Regulation of conduct in the courtroom. 1B-412. Harmless error and plain error). Article 5. Judgment (Rule 1B-501. Judgment. 1B-502. Sentence. 1B-503. General sentencing provisions. 1B-504. New trial. 1B-505. Arrest of judgment. 1B-506. Correction or reduction of sentence. 1B-507. Clerical mistakes). Article 6. Appeal (Rule 1B-601. Right of appeal; how taken. 1B-602. Stay of judgment and relief pending review). Article 7. Miscellaneous provisions (Rule 1B-701. Continuance. 1B-702. Disbursement of money and valuables collected. 1B-703. Habeas corpus. 1B-704. Disposition of seized property. 1B-705. Designation of offenses. 1B-706. Maximum fines and sentences; payment schedules; credit. 1B-707. Bail schedule for class III offenses. 1B-708. Diversion and probation costs). (115 pgs.).
Title 2. Civil procedure – Article 1. General provisions (2-101. Scope of this act. 2-102. Jurisdiction in civil actions. 2-103. Title of this act. 2-104. Force of the tribal common law. 2-105. Definitions. 2-106. No effect upon sovereign immunity. 2-107. Declaratory judgment. 2-108. Court costs not charged to tribe. 2-109. Effect of previous court decisions. 2-110. C.F.R. (Code of Federal Regulations) not applicable. 2-111. Laws applicable to civil action. 2-112. Court actions when no procedure provided). Article 2. Commencement of action; pleadings, motions and orders (2-201. Commencement of action. 2-202. One form of action. 2-203. "Claim" defined. 2-204. Notice of pendency of action. 2-205. Notice of pendency contingent upon service. 2-206. Special notice for actions pending in other courts. 2-207. Pleadings allowed; form of motions. 2-208. General rules of pleading. 2-209. Pleading special matters. 2-210. Form of pleadings, motions, and briefs. 2-211. Signing of pleadings. 2-212. 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 statutes of limitation. 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). Article 3. Process, summons, filing of pleadings and other papers (2-301. Issuance of summons. 2-302. Form of summons. 2-303. Who may serve process personally. 2-304. Service of process by mail. 2-305. Service by publication. 2-306. Publication service upon parties and the unknown successors of named parties. 2-307. Publication notice for recovery of money. 2-308. Publication notice in quiet title actions. 2-309. Completion of publication service. 2-310. Entry of default on party served by publication. 2-311. Vacating default judgments where service is by publication. 2-312. Certain technical errors not grounds for vacating judgment. 2-313. Meaning of "successors" for publication purposes. 2-314. Minimum contacts required for effective long arm service. 2-315. 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. 3-321. Alternative provisions for service in a foreign country. 2-322. Subpoena. 2-323 to 2-329. [Reserved]. 2-330. Summons, time limit for service. 2-331. Service and filing of pleadings and other papers. 2-332. to 2-339. [Reserved]. 2-340. Time. 2-341. General cases in which extraterritorial service authorized. 2-342. Legal newspaper). 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. Interpleader. 2-407. Class actions. 2-408. Derivative actions by shareholders and members. 2-409. Intervention. 2-410. Substitution of parties). 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. 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). Article 6. Witnesses (2-601. Issue and service of subpoena for 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. 2-610. Requisites of attachment—order of commitment. 2-611. Examination of prisoner. 2-612. Prisoner's custody during examination. 2-613. Witness privileged. 2-614. Witness may demand fees each day—exception. 2-615. Special provisions for tribal agencies). Subpart A. Testimony under privilege against prosecution (2-650. Privilege for committee testimony. 2-651. Procedure for claiming privilege. 2-652. Oaths. 2-653. Penalties. 2-654. Disgrace as ground for refusal to testify. 2-655. Prosecution. 2-656. Fees and mileage). Article 7. Jurors (2-701. Meeting for selection of jurors. 2-702. Court clerk's jury selection roll. 2-703. Preparation of jury wheel. 2-704. Drawing general jury panel. 2-705. Use of jury panel. 2-706. Certifying and sealing lists. 2-707. Oath and delivery of envelopes. 2-708. Sealing and retaining juror name cards. 2-709. Refilling wheel. 2-710. Summoning jurors. 2-711. On-call system jurors. 2-712. Drawing trial jurors from panel. 2-713. Qualifications and exemptions of jurors. 2-714. Substantial compliance. 2-715. Oath to jury. 2-716. to 2-720. [Reserved]. 2-721. Discharge of employee for jury service – penalty. 2-722. Civil liability – damages). 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. 2-085. Assignment of cases for trial. 2-806. Consolidation; separate trials). Subpart A. Impaneling jury (2-821. Summoning jury. 2-822. Causes for challenging jurors. 2-823. Examination of jurors. 2-824. Alternate jurors. 2-825. Order of challenges. 2-826. Challenges to jurors – filling vacancies. 2-827. Alternate method of selecting jury. 2-828. Oath of jury. 2-829. Juries of less than six – majority verdict). Subpart B. Trial procedures (2-831. Order of trial. 2-832. Taking of testimony. 2-833. Exceptions unnecessary. 2-834. Instruction to jury – objection. 2-835. Uniform jury instructions. 2-836. Objections to instructions – copies to parties. 2-837. View by jury. 2-838. Deliberations of the jury. 2-839. Admonition of jury on separation. 2-840. Information after retirement. 2-841. When the jury may be discharged. 2-842. Re-trial. 2-843. Proof of official record. 2-844. Determination of foreign law. 2-845. Appointment and duties of masters). Subpart C. Verdict (2-851. Findings by the court. 2-852. Delivery of verdict. 2-853. Requisites of verdicts. 2-854. General and special verdict. 2-855. Special verdict and interrogatories. 2-856. Jury must assess amount of recovery. 2-857. Motion for a directed verdict and for judgment withstanding the verdict). Subpart D. Miscellaneous trial provisions (2-871. Provisions applicable to trials by court. 2-872. Trial docket. 2-873. Trial docket for bar. 2-874. Order of trial of cases docketed. 2-875. Time of trial. 2-876. Continuances. 2-877. Trial by judicial panel. 2-878. Bifurcated jury trials). Article 9. Provisional and final remedies and special proceedings (2-901. Seizure of person or property. 2-902. Receivers appointed by tribal courts. 2-903. Deposit in court. 2-904. Process in behalf of and against persons not parties. 2-905. Security – proceedings against sureties. 2-906. Execution). 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. Security. 2-920. Use of affidavits. 2-921. Injunction by defendant. 2-922. Injunction is equitable. 2-923. Modification of preliminary injunction. 2-924. Modification of permanent injunction. 2-925. Injunctions tried to the court. 2-926. Enforcement of restraining orders and injunctions). Subpart B. Replevin (2-931. Order of deliver – 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. Exception to sureties. 2-940. Proceedings on failure to prosecute action. 2-941. Judgment – damages – attorney fees. 2-942. Officer may break into building. 2-943. Compelling delivery by attachment. 2-944. Improper issue of order of delivery. 2-945. Joinder of cause of action for debt – stay of judgment). Subpart C. Attachment (2-951. Grounds for attachment. 2-952. Attachment affidavit. 2-953. Attachment bonds. 2-954. Order of attachment. 2-955. When returnable. 2-956. Order of execution. 2-957. Execution of attachment order. 2-958. Service of order. 2-959. Re-delivery on bond). Subpart D. Garnishment [Reserved]. Subpart E. Provisions relating to attachment and garnishment [Reserved]. Subpart F. Receivers (2-992.1. Appointment of receiver. 2-992.2. Persons ineligible. 2-992.3. Oath and bond. 2-992.4. Powers of receiver. 2-992.5. Investment of funds. 2-992.6. Disposition of property litigated. 2-992.7. Punishment for disobedience of court. 2-992.8. Vacation of appointment by appellate court). Subpart G. Eminent domain (2-993.1. Who may exercise authority. 2-993.2. What property may be condemned by eminent domain. 2-933.3. Condemnation of property. 2-993.4. Complaint. 2-993.5. Process in eminent domain. 2-993.6. Appearance or answer. 2-993.7. Amendment of pleadings. 2-993.8. Substitution of parties. 2-993.9. Dismissal of action. 2-993.10. Deposit and its distribution. 2-993.11. Costs). Article 10. Judgment (2-1001. Judgments; costs. 2-1002. Default. 2-1003. Offer of judgment. 2-1004. Judgment for specific acts – vesting title. 2-1005. Summary judgment. 2-1006. Declaratory judgment. 2-1007. Entry of judgment. 2-1008. New trials; amendments of judgments. 2-1009. Relief from judgment or order. 2-1010. Harmless error. 2-1011. Stay of proceedings to enforce a judgment. 2-1012. Disability of a judge. 2-1013. [Reserved]. 2-1014. Judgment against infant. 2-1015. Judgment 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). Subpart A. Foreign judgments (2-1021. Definition. 2-1022. Filing and status of foreign judgments. 2-1023. Grounds for non-recognition. 2-1024. Notice of filing. 2-1025. Stay of execution of foreign judgment. 2-1026. fees. 2-1027. Optional procedures). Subpart B. Execution (2-1031. Execution – defined. 2-1032. Kinds of executions. 2-1033. Property subject to levy. 2-1034. Property bound after seizure. 2-1035. Execution must be issued within five years. 2-1036. Priority among property. 2-1037. Priority among executions. 2-1038. Levy by priority. 2-1039. Who makes levy. 2-1040. When levy void. 2-1041. Penalty for unlawful levy. 2-1042. Levy on property claimed by third person. 2-1043. Re-delivery to defendant. 2-1044. Notice of sale to chattels. 2-1045. Further levy when property taken, insufficient. 2-1046. Filing and indexing of execution. 2-1047. Waiver of appraisement. 2-1048 Return of appraisement. 2-1049. When lien restricted. 2-1050. Notice of sale of realty. 2-1051. Confirmation of sale. 2-1052. Police chief's deed. 2-1053. Advance of printer's fees. 2-1054. Demand for printing fees. 2-1055. Place of sale. 2-1056. Other executions of realty not sold. 2-1057. Levy on realty under several executions. 2-1058. Deed by successor of officer making sale. 2-1059. Payment to defendant of overplus after sale. 2-1060. Reversal of judgment after sale of interest in land. 2-1061. Execution of judgment in favor of tribe. 2-1062. Reappraisal where realty twice advertised for sale. 2-1063. Return of execution. 2-1064. Principal and surety. 2-1065. Hearing on assets). Subpart C. Contribution (2-1071. Joint debtors or sureties. 2-1072. Joint tort-feasors; contribution; indemnity; exemptions; covenant not to sue, etc.). 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. Several actions on joint instruments. 2-1088. Clerk to tax costs. 2-1089. Cost of notice or other legal publication. 2-1090. Attorney fees taxable as costs. 2-1091. Costs defined. 2-1092. Authority of court to fix cost rates). Article 11. Limitation of actions (2-1101. Limitations applicable. 2-1102. Limitations of real action. 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. Absence or flight of defendant. 2-1107. Limitation of new action after failure. 2-1108. Extension of limitation. 2-1109. Statutory bar absolute. 2-1110. Law governing foreign claims. 2-1111. Limitation of building construction tort claims). Article 12. Family relations (2-1201. Recording of marriages and divorces. 2-1202. Tribal custom marriage and divorce. 2-1203. Tribal custom adoption. 2-1204. Determination of paternity and support. 2-1205. Determination of heirs. 2-1206. Approval of wills). Subpart A. Statutory divorce (2-1211. Grounds for divorce. 2-1212. Residence of plaintiff or defendant. 2-1213. Personal jurisdiction. 2-1214. Custody of children, deposition of property. 2-1215. Orders concerning property, children, support and expenses. 2-1216. Care and custody of children. 2-1217. Preference of child. 2-1218. Paternity determination. 2-1219. Interest on delinquent payments. 2-1220. Restoration of wife's maiden name. 2-1221. Disposition of property. 2-1222. Effect of divorce. 2-1223. Remarriage and cohabitation. 2-1224. Punishment for certain remarriage and cohabitation. 2-1225. Remarriage within six months. 2-1226. Time when judgment final. 2-1227. Avoidance of marriage of incompetents. 2-1228. Alimony without divorce. 2-1229. Evidence. 2-1230. Setting aside of divorce decrees. 2-1231. Termination of money payments. 2-1232. Mailing of alimony and support payments. 2-1233. Modification of decree. 2-1234. Effect on common law divorce. 2-1235. Requirement of parenting education). Article 13. Forcible entry and detainer (2-1301. Forcible entry and detention. 2-1302. Powers of court. 2-1303. Extent of jurisdiction. 2-1304. Issuance and return of summons. 2-1305. Service of summons. 2-1306. Constructive service of summons. 2-1307. Answer or affidavit by defendant. 2-1308. Trial by court. 2-1309. Procedure where no jury available. 2-1310. Attorney fee. 2-1311. Writ of execution; form; new trial. 2-1312. Stay of execution. 2-1313. Forcible entry and detainer action on small claims docket. 2-1314. Affidavit; form. 2-1315. Summons; form). Article 14. Habeas corpus (2-1401. Person who may prosecute writ. 2-1402. Application for writ. 2-1403. Writ granted. 2-1404. Direction and command of writ. 2-1405. Delivery to tribal police chief. 2-1406. Service on party other than tribal police chief. 2-1407. Service when person not found. 2-1408. Return and enforcement of writ. 2-1409. Manner of return. 2-1410. Proceedings in case of sickness or infirmity. 2-1411. Hearings and discharge. 2-1412. Limits an inquiry. 2-1413. Writ upon temporary commitment. 2-1414. Writ may issue to admit to bail. 2-1415. Notice to interest persons. 2-1416. Powers of court. 2-1417. Officers not liable for obeying orders. 2-1418. Issuance of warrant of attachment. 2-1419. Arrest of party causing restraint. 2-1420. Execution of warrant of attachment. 2-1421. Temporary orders. 2-1422. Issuance and service on Sunday. 2-1423. Issue of process. 2-1424. Protection of infants and insane persons. 2-1425. Security for costs not required). Article 15. Mandamus (2-1501. Function of mandamus. 2-1502. Writ not issued where remedy at law. 2-1503. Forms and contents of writs. 2-1504. When peremptory writ of issues. 2-1505. Petition upon affidavit. 2-1506. Allowance and service of writ. 2-1507. Answer. 2-1508. Failure to answer. 2-1509. Similarity to civil action. 2-1510. Recovery by plaintiff. 2-1511. Damages bar further actions. 2-1512. Penalty for refusal or neglect to perform). 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. Judgment for plaintiff. 2-1606. Enforcement of judgment. 2-1607. Separate action for damages. 2-1608. Corporations). Article 17. Small claims procedure (2-1701. Small claims. 2-1702. Small claims affidavit. 2-1703. Preparation of affidavit. 2-1704. Service of affidavit. 2-1705. Date of appearance. 2-1706. Transfer of actions. 2-1707. Counterclaim or setoff. 2-1708. Actions for amounts exceeding excess of two thousand dollars. 2-1709. Attachment or garnishment, other matters. 2-1710. Trial by court. 2-1711. Payment of judgment. 2-1712. Appeals. 2-1713. Fees 2-1714. Costs. 2-1715. Judgments rendered under small claims procedure. 2-1716. Fee for docketing judgment. 2-1717. Other action in small claims court). (164 pgs.).
Title 3. Criminal code – Article 1. General provisions (3-101. Name and citation. 3-102. Effective date. 3-103. Purpose and construction. 3-104. No affect on civil liability. 3-105. Exclusiveness of offenses. 3-106. Severability. 3-107. Terms, defined. 3-108. Prosecution for multiple offenses. 3-109. Limitation. 3-110. Separate trials. 3-111. Lesser included offenses. 3-112. Double jeopardy. 3-113. Burden and presumption of innocence. 3-114. Negating defenses. 3-115. Presumptions of fact). 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. Public duty; execution. 3-215. Use of force in self protection. 3-216. Use of force for protection of other persons. 3-217. Use of force for protection of property. 3-218. Use of force in law enforcement. 3-219. 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). Article 3. Crimes against property (3-301. Building defined. 3-302. Arson, first degree; penalty. 3-303. Arson, second degree, penalty. 3-304. Arson, third degree; penalty. 3-305. Burning to defraud insurer; penalty. 3-306. Burglary; penalty. 3-307. Possession of burglar's tools; penalty. 3-308. Breaking and entering. 3-309. Theft: terms defined. 3-310. Consolidation of theft offenses. 3-311. Theft by unlawful taking or disposition. 3-312. Theft by shoplifting; penalty. 3-313. Theft by deception. 3-314. Theft by extortion. 3-315. Theft of property lost, mislaid, delivered by mistake; penalty. 3-316. Theft of services; penalty. 3-317. Unauthorized use of a propelled vehicle; affirmative defense; penalty. 3-318. Theft by receiving stolen property. 3-319. Grading of theft offenses. 3-320. Criminal mischief; penalty. 3-321. Criminal trespass; penalty. 3-322. [Repealed]. 3-323. Criminal trespass, affirmative defenses. 3-324. Littering of public and private property; penalty. 3-325. Forgery; terms defined. 3-326. Forgery, first degree. 3-327. Forgery, second degree: forgery penalties. 3-328. Criminal possession of a forged instrument; penalty. 3-329. Criminal possession of forgery devices; penalty. 3-330. Criminal simulation; penalty. 3-331. Criminal impersonation; penalty. 3-332. Issuing a bad check; penalties. 3-333. False statement or book entry; destruction or secretion of records; penalty; organization, defined. 3-334. Commercial bribery and breach of duty to act disinterestedly; penalty. 3-335. Fraudulent use of credit card. 3-336. Deceptive business practices. 3-337. Defrauding creditors. 3-338. Securing execution of documents by deception. 3-339. Criminal usury. 3-340. Unlawful dealing with property by fiduciary. 3-341. Making a false credit report. 3-342. Computers: terms defined. 3-343. Unlawful acts; depriving or obtaining property or services; penalties. 3-344. Unlawful acts; harming or disrupting operations; penalties. 3-345. Unlawful acts; obtaining confidential public information; penalties. 3-346. Unlawful acts; access without authorization; exceeding authorization; penalties). 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; penalties. 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. Sexual assault: legislative intent. 3-417. Sexual assault: terms defined. 3-418. Sexual assault: first degree; penalty. 3-419. Sexual assault; second degree; penalty. 3-420. Sexual assault; in camera hearing. 3-421. Sexual assault; evidence of past sexual behavior; when admissible; procedure. 3-422. Sexual assault; evidence; when admissible. 3-423. Confined person; offenses against another person; penalty; sentence. 3-434. Robbery; penalty). Article 5. Inchoate crimes (3-501. Criminal attempt; conduct; penalty. 3-502. Conspiracy, defined; penalty. 3-503. Conspiracy, renunciation of criminal intent. 3-504. Accessory to crime; defined; penalty. 3-505. Aiding consummation of crime; penalty. 3-506. Prosecuting for aiding and abetting). Article 6. Crimes against public justice (3-601. Obstructing government operations; penalty. 3-602. Failure to report injury of violence; physician or surgeon; emergency room or first aid station attendant; penalty. 3-603. Refusing to aid a peace officer; penalty. 3-604. Resisting arrest; penalty; affirmative defense. 3-605. Consumption of liquor on public property, public roads, streets, alleys; forbidden. 3-606. Obstructing a peace office; penalty. 3-607. False reporting; penalty. 3-608. Interfering with a fireman on official duty; penalty; fireman, defined. 3-609. Abuse of public record; penalty; public record, defined. 3-610. Escape; official detention, defined; knowingly permitting escape; penalty; defense to prosecution. 3-611. Providing contraband; penalty. 3-612. Loitering about jail; penalty. 3-613. Assault on an officer in the first degree; penalty. 3-614. Assault on an officer in the second degree; penalty. 3-615. [Repealed]. 3-616. Perjury; subornation of perjury; penalty. 3-6167. Juror, testimony and official proceedings; defined. 3-618. Bribery; penalty. 3-619. Bribery of a witness; penalty; witness receiving bribe; penalty. 3-620. Bribery of a juror; penalty; juror receiving bribe; penalty. 3-621. Tampering with witnesses, informants, or jurors; penalty. 3-622. Jury tampering; penalty. 3-623. Tampering with physical evidence; penalty; physical evidence, defined. 3-624. Simulating legal process; penalty. 3-625. Employee, penalized due to jury services; prohibited; penalty. 3-626. Impersonating a peace officer. 3-627. Impersonating a public servant. 3-628. Official misconduct; penalty. 3-629. Oppression under color of office; penalty. 3-630. Misusing public money. 3-631. Improper influence in official matters. 3-632. Retaliation for past official action. 3-633. Improper gifts to public servants. 3-634. Special influence. 3-635. Doing business without a license. 3-636. Tampering with public property. 3-637. Injuring public property. 3-638. Bail jumping. 3-639. Failure to obey a lawful order of the court. 3-640. [Repealed]. 3-641. Neglecting to serve a warrant; penalty; forfeiture of office. 3-642. Mutilating a flag; penalty; flag, defined. 3-643. Illegal solicitation. 3-644. [Repealed]. 3-645. Failure to appear; penalty. 3-645. Failure to appear; penalty. 3-646. Sell or exchange of property for promise to vote prohibited). Article 7. Crimes against public health, safety and welfare (3-701. Bigamy; penalty; exception. 3-702. Incestuous marriage; declare void. 3-703. Incest; penalty. 3-704. Child abuse; penalty. 3-705. Abuse of an incompetent, vulnerable, or disabled person; penalty. 3-706. Incompetent, vulnerable, or disabled person subjected to abuse or neglect; report; contents. 3-706.1. Reports of abuse. 3-707. Investigation. 3-708. Violations; penalty. 3-709. Privileged communication; patient and physician; husband and wife; not ground for excluding evidence. 3-710. Abandonment of spouse, child or dependent stepchild; penalty; child, defined. 3-711. Criminal nonsupport; penalty; exception. 3-712. Protective custody; penalty. 3-713. Failure to send a child to school; truancy; penalties. 3-714. Curfew; penalty. 3-715. Contributing to the delinquency of a child; penalty; definitions. 3-716. Minor in possession; penalty. 3-717. Tobacco; sale to minors; penalty. 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. 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. Debauching a minor; penalty. 3-732. Public indecency; penalty. 3-733. Obscenity. 3-734. Rioting. 3-735. Failure to disperse; penalty. 3-736. Deadly weapon, knife, firearms, other terms; defined. 3-737. Weapons offense. 3-738. Aggravated weapons offense. 3-739. Using firearms to commit a crime; penalty. 3-740. Dangerous devices; penalty. 3-741. Fireworks offense. 3-742. Inhaling or drinking certain compounds; penalty. 3-743. Selling and offering for sale certain compounds; use; knowledge of seller; unlawful. 3-744. Act, exceptions. 3-745. Dangerous drug offense; penalties. 3-746. Abandoning, or concealing a dead human body. 3-747. Concealing the death of another person, penalty. 3-748. Intimidation by phone call; penalty; prima facie evidence. 3-749. Interfering with a public service company; penalty. 3-750. Maintaining a nuisance; penalty; abatement or removal. 3-751. Disturbing the peace; penalty. 3-752. Telecommunications violations; penalty. 3-753. Animal, cruel mistreatment, cruel neglect, and abandon; defined. 3-754. Cruelty to animals; penalty; authorized or permitted conduct. 3-755. Livestock offense; penalty. 3-756. Waters offense; penalty). Article 8. Controlled substances act (3-801. Definitions. 3-802. Prohibition of sales, transport, import, export, or possession of drug paraphernalia. 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. Certain substances causing intoxication; exemptions; penalties. 3-821. Endeavor and conspiracy. 3-822. General penalty clause. 3-823. Additional penalties. 3-824. Severability). Article 9. [Reserved]. Article 10. [Reserved]. Article 11. [Reserved]. Article 12. Adult and elderly protective services act (3-1200. Citation. 3-1201. Legislative intent. 3-1202. Definitions. 3-1203. Duty of healthcare providers to report abuse. 3-1204. Duty of law enforcement to investigate. 3-1205. Immunity from liability. 3-1206. No access to records. 3-1207. Evidence exclusions void. 3-1208. No abuse solely for reliance upon spiritual healing. 3-1209. Willful failure to report. 3-1210. Willful release of confidential information. 3-1211. Abuse of a vulnerable or elderly adult. 3-1212. Ex parte order authorized). Article 13. Elderly and incapacitated victims (3-1300. Definitions. 3-1301. Offenses to which article applies. 3-1302. Enhancement of sentence). Article 14. Winnebago Tribal Police Force (3-1400. Establishment of a force of police officers. 3-1401. Definitions. 3-1402. Standards. 3-1403. Training standards. 3-1404. Training. 3-1405. No exemptions. 3-1406. Status of tribal police officers. 3-1407. Weapons. 3-1408. Supplementary capacity. 3-1409. Supervision of tribal peace officers). Article 15. Criminal traffic offenses (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 unemployment 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 0 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). (121 pgs.).
Title 4. Juvenile procedure – Article 1. General provisions (4-100. Citation. 4-101. Purpose. 4-102. Definitions. 4-103. Place of sitting. 4-104. Juvenile court established. 4-105. Jurisdiction. 4-106. Court authority. 4-107. Indian child welfare transfers tribal courts. 4-108. Child welfare transfers to tribal or state courts. 4-109. Court support staff. 4-110. Notice of legal rights. 4-111. Basic rights. 4-112. Warrants and custody rights. 4-113. Full faith and credit. 4-114. Admissibility of evidence in other proceedings. 4-115. Expungement. 4-116. Contempt of court. 4-117. Medical examination. 4-118. Fingerprints. 4-119. Rules of procedure. 4-120. Expenditure of funds. 4-121. Procedure. 4-122. Prosecution; criminal charge of juvenile court petition; determination; considerations. 4-123. Juvenile charge in court other than juvenile court; transfer to juvenile court; procedure. 4-124. Pre-transfer report. 4-125. Orders for support. 4-126. Prosecutor's duties. 4-127. Inspection of court records. 4-128. Law enforcement records. 4-129. Child and family services. 4-130. Identity confidential. 4-131. Exclusion of certain statement by alleged delinquent. 4-132. Voluntary foster care authorized). Article 2. Emergency custody (4-201. Taking a minor into custody. 4-202. Notification of parents. 4-203. Notification of court officers. 4-204. Release of detained child. 4-205. Special release rule for major offenses. 4-206. Court ordered release. 4-207. Extension of detention period. 4-208. Detention and shelter. 4-209. Emergency shelter in child's home. 4-210. Court ordered medical treatment. 4-211. Court ordered commitment for observation. 4-212. Search warrants for the protection of children. 4-213. Preliminary inquiry: criteria for detention or shelter care. 4-214. Place of detention or shelter care. 4-215. Standards for shelter care and detention facilities). Article 3. Adjudication (4-301. Court intake. 4-302. Prosecutor's (presenting officer's) intake. 4-303. Diversion by contract. 4-304. Diversion contract inadmissible. 4-305. Diversion by consent decree. 4-306. Limitation an diversion. 4-307. Guardian ad litem appointments. 4-308. 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). Article 4. Disposition (4-401. Pre-dispositional report. 4-402. Treatment plan. 4-403. Dispositional hearing. 4-404. Hearing purpose. 4-405. Hearing informal. 4-406. Medical examination. 4-407. Continuance. 4-408. Order of protection. 4-409. Placement preferences. 4-410. Neglected or dependent child or in-need-of-care disposition. 4-411. Child in need of supervision – disposition. 4-412. Delinquent child – disposition. 4-413. Legal custody – guardianship. 4-414. Probation for delinquents and children in need of supervision. 4-415. Violation of probation. 4-416. New hearing authorized. 4-417. Continuing jurisdiction). Article 5. Child abuse (4-501. Legislative purpose. 4-502. Definitions. 4-503. Persons required to report child abuse or neglect. 4-504. Required report of postmortem investigation. 4-505. Evidence of abuse. 4-506. Temporary protective custody. 4-507. Reporting procedures. 4-508. Action upon receipt of report. 4-509. Child protection teams. 4-510. Immunity from liability. 4-511. Child abuse and child neglect diversion program. 4-512. Evidence not privileged. 4-513. Court proceedings – guardian ad litem. 4-514. General registry. 4-515. Confidentiality of records). 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 grandparent's rights). Article 7. Adoptions (4-701. Jurisdiction over adoptions. 4-702. Purpose of adoptions. 4-703. Types of adoptions. 4-704. In camera determination of enrollment eligibility. 4-705. Eligibility for statutory adoptions. 4-706. Eligibility to adopt by statutory process. 4-707. Consent to statutory adoption. 4-708. Voluntary relinquishment. 4-709. When consent of parents unnecessary. 4-710. Notice of hearing for adoptions without consent. 4-711. Consent of child. 4-712. Petition. 4-713. Investigation. 4-714. Adoption hearing. 4-715. Report and final decree of adoption. 4-716. Contents of adoption order. 4-717. Effect of final decree of statutory adoption. 4-718. Records and hearings confidential. 4-719. Certificates of adoption. 4-720. Foreign decree. 4-721. Adoption of adults. 4-722. Appeals). Article 8. Developing foster care homes (4-801. Responsibility. 4-802. Licensing foster homes. 4-803. Basic standard for foster families. 4-804. Basic requirements of foster families. 4-805. Funding of foster children's needs. 4-806. Physical facilities. 4-807. Family composition. 4-808. Personal characteristics. 4-809. Foster parenting abilities). Article 9. Income withholding for child support act (4-901. Act, how cited. 4-902. Purpose of act. 4-903. Definitions, sections found. 4-904. Authorized attorney, defined. 4-905. Child support, defined. 4-906. Disposable income, defined. 4-907. Employee, defined. 4-908. Employer defined. 4-909. Foreign support order, defined. 4-910. Income, defined. 4-911. Income withholding, defined. 4-912. Obligee, defined. 4-913. Obligor, defined. 4-914. Spousal support, defined. 4-915. Support, defined. 4-916. Support order, defined. 4-917. Support order; operate as assignment of income; effect. 4-918. Employer; duty to furnish information. 4-919. Notice of assignment; contents; mistakes of fact, defined. 4-920. Hearing, when held. 4-921. Assignment; certification of amount. 4-922. Notice to employer; Tribal Court review and approval; contents; compliance; effect. 4-923. Employer; prohibited actions. 4-924. Notice to withhold income; termination; procedure. 4-925. Income withholding notice; modification or revocation. 4-926. Property settlement; consent to income withholding or order; when allowed). Article 10. Rules of juvenile procedure (Rule 1. Scope. 2. Purpose and construction. 3. Attorney or advocate of record. 4. Notice. 5. Service of summons. 6. Summons form. 7. When summons unnecessary. 8. Additional parties to be summoned. 9. Failure to appear. 10. Petition contents. 11. Petition form. 12. Adoption petition. 13. Juvenile offender commencement of action petition. 14. Responsive pleadings and motions. 15. Parties. 16. Discovery. 17. Pre-trial conference. 18. Emergency orders. 19. Hearings. 20. Adoption hearing. 21. Dependency and neglect and child-in-need-of-care dispositional hearing. 22. Jury trial. 23. Termination of parental rights hearing. 24. Record of proceedings. 25. Motions for a new trial or rehearing. 26. Motions for arrest or modification of judgment. 27. Shelter and detention. 28. Disqualification or disability of judge. 29. Evidence. 30. Clerical mistakes. 31. Explanation of rights at first appearance (juvenile offenders); child-in-need-of-supervision. 32. Insanity at time of commission of juvenile offense. 33. Determination of competency or capacity to stand trial. 34. Fingerprinting or photographing of minor. 35. Mental or physical examination. 36. Probation revocation hearing. 37. Dispositional hearing. 38. Appeals. 39. Stay pending appeal). (78 pgs.).
Title 5. Tribal government – Article 1. Enrollment (5-101. Enrollment committee. 5-102. Determination of membership. 5-103. Application for membership by member of another tribe. 5-14. Enrollment application; who must submit. 5-105. Filing an enrollment application. 5-106. Enrollment application for minor, incompetent person, some armed forces members. 5-107. Enrollment application; information requirements. 5-108. Actions required of the enrollment staff. 5-109. Actions required of the enrollment committee. 5-110. Actions required of the Tribal Council. 5-111. Appeals for membership. 5-112. Tribal Council action upon appeal. 5-113. Distribution of trust assets; to share in the distribution of trust assets. 5-114. Individual folders; contents of individual folder. 5-115. Access to records. 5-116. Updating records. 5-117. Determination of blood quantum. 5-118. Request for blood quantum increase. 5-119. Adoption determined by the constitution of the Winnebago Tribe of Nebraska. 5-120. Relinquishment of an adult. 5-121. Relinquishment of a minor. 5-122. Disenrollments. 5-123. Amendment procedure). Article 2. Elections (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. Stickers. 5-211. Campaigning. 5-212. Alcohol. 5-213. Loitering. 5-214. Election tampering. 5-215. Alternates or substitution. 5-216. Placement on Primary Election ballot. 5-217. Absentee ballots for Primary Election. 5-218. Primary Election. 5-219. Absentee ballots for Regular Election. 5-220. Regular Election. 5-221. Term of office. 5-222. Runoff election. 5-223. Certification and oath of officer). Article 3. [Reserved]. Article 4. Tribal election procedures (5-400. Definitions. 5-401. Primary election. 5-402. Filing. 5-403. Fees. 5-404. Petition in lieu of fees). (20 pgs.).
Title 6. Civil traffic code – 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). Article 2. Procedures (6-201. Enforcement; citation; complaint; contents; procedure. 6-202. Civil penalty and costs; failure to pay; judgement; installments. 6-203. Person charged with traffic infraction; citation; conditions; penalty). Article 3. Licensing, restriction 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). Article 4. Moving traffic (6-401. Obedience to traffic control devices; exceptions. 6-402. Traffic control signals; meaning; turns on red signal; when. 6-403. Pedestrian-control signals. 6-404. Flashing signals; exception. 6-405. Driving on right half of roadway required; exceptions. 6-406. Vehicles proceeding in opposite direction; passing. 6-407. Overtaking and passing rules; vehicles proceeding in the same direction. 6-408. Overtaking and passing upon the right; when permitted. 6-409. Limitations on overtaking and passing on the left; precautions required; return to right side of highway. 6-410. Limitations on overtaking, passing, or driving to the left of the center of roadways; when prohibited. 6-411. No-passing zones; exception. 6-412. One-way roadways and rotary traffic islands; jurisdiction; exception for emergency vehicles. 6-413. Driving on roadways laned for traffic; rules; traffic control devices. 6-414. Following vehicles; restrictions. 6-415. Driving on divided highways; driving on median prohibited; exceptions. 6-416. Driving on highway shoulders prohibited; exceptions. 6-417. Controlled-access highway; entrances; exits. 6-418. Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway. 6-419. Vehicle turning left; yield right of way. 6-420. Preferential right-of-way; stop and yield signs. 6-421. Vehicle entering roadway from private road or driveway; yield right-of-way. 6-422. Moving a stopped, standing, or parked vehicle; yield right-of-way. 6-423. Operation of vehicles upon the approach of emergency vehicles. 6-424. Driving upon sidewalk; prohibited; exception. 6-425. Basic rule; speed. 6-426. Speed; maximum limits; signs. 6-427. Special speed limitations; motor vehicle towing a mobile home; school buses; motor-driven cycle. 6-428. Speed determination; use of speed measurement devices; requirements; apprehension of driver; when. 6-429. Minimum speed regulation; impending traffic. 6-430. Charging violations of speed regulation; summons; burden of proof; elements of offense. 6-431. Racing on highways; violation; penalty. 6-432. Driving under influence of alcoholic liquor or drug; penalties. 6-433. Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; when test administered; refusal; penalty. 6-434. Driving under influence of alcoholic liquor or drugs; test; additional test; refusal to permit; effect; results of test; available upon request. 6-435. Driving under influence of alcoholic liquor or drugs; chemical test; consent of person incapable of refusal not withdrawn. 6-436. Driving under influence of alcoholic liquor or drugs; chemical test; violation of statute or ordinance; results; competent evidence. 6-437. Blood sample; results of chemical test; admissible in civil proceeding; disclosure required. 6-438. Person under twenty-one years of age; prohibited acts; enforcement. 6-439. Implied consent to submit to chemical test; when test administered; refusal; penalty. 6-440. Careless driving, defined; penalty. 6-441. Reckless driving, defined, penalty. 6-442. Willful reckless driving, defined. 6-443. Willful reckless driving; penalty). Article 5. Non-moving traffic (6-501. Pedestrian obedience to traffic control devices and regulations. 6-502. Pedestrian's 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 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. Stopping, standing, or parking prohibited; exceptions. 6-509. Parking regulations; signs; control by local authority. 6-510. Unattended motor vehicles; conditions. 6-511. Overloading front seat or obstructing driver; prohibited. 6-512. Opening and closing vehicle doors; restriction. 6-513. Traveling on a downgrade; gears; position. 6-514. Following fire apparatus in response to an alarm; prohibited. 6-515. Restrictions on driving over unprotected fire hose). 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. Hunting, trapping, or molesting predatory animal on or from roadway; prohibited, exception; violation; penalty. 6-606. Advertising signs, displays, or devices; permitted signs enumerated). Article 7. Vehicle and traffic safety (6-701. Peace officers; investigation of traffic accident; duty to report; Department of Roads; powers; duties. 6-702. Motor vehicle; accident; duty to stop; information to furnish; report; violation; penalty. 6-703. Accident; operator's duty; penalty. 6-704. 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. 6-705. Accidents; reports required of garages and repair shops. 6-706. Accidents; reports required of garages and repair shops. 6-706. Accidents; coroner; report to Nebraska Department of Roads. 6-707. Accident; death, driver; pedestrian sixteen years or older; coroner; examine body; amount of alcohol or drugs; report to Department of Roads; public information. 6-708. Accident; driver or pedestrian sixteen years of age or older; person killed; submit to chemical test; results in writing to Director-State Engineer; public information. 6-709. Accidents; body fluid; samples; test; report. 6-710. Roadway; removal of dead or injured persons; peace officer. 6-711. Roadways, travel on; regulation by local authorities; when authorized; signs. 6-712. Display of unauthorized signs, signals, or markings; public nuisance; removal. 6-713. Advertising devices adjacent to highway; when prohibited; public nuisance; removal. 6-714. Required obedience to traffic laws; private property used for public road by consent of owner; provisions uniform throughout the reservation. 6-715. Drivers to exercise due care with pedestrian; audible signal. 6-716. Obedience to peace officers; violation; penalty. 6-717. Failing to observe a blind person; penalty. 6-718. Persons riding animals or driving animal-drawn vehicles; farm implements; duties. 6-719. Interference with official traffic control devices or railroad signs or signals; prohibited; liability in civil action. 6-720. Signs, markers, devices, or notices; prohibited acts; penalty. 6-721. Motor vehicle; motorcycle; lights; requirements; prohibited acts. 6-722. Lights; vehicle being driven. 6-723. Headlights; construction; adjustment; requirements. 6-724. Violations; penalty. 6-725. Acetylene headlights; number; construction; requirements. 6-726. Headlights; glare; duty of operator; penalty. 6-727. Spotlights; auxiliary driving lights; signal lights; other devices; intensity and direction. 6-728. Parking lights; unlawful use. 6-729. Vehicle proceeding in forward motion; backup lights on; prohibited; violation; penalty. 6-730. Lights, red or green, in front of vehicle prohibited; exceptions. 6-731. Lights; rotating or flashing; colored lights; when permitted. 6-732. Flashing or rotating lights; emergency vehicles; colors permitted. 6-733. Rotating or flashing amber light; when permitted. 6-734. Rotating or flashing red light or red and blue lights; when permitted; application; permit; expiration. 6-735. Rotating or flashing lights; violation; penalty. 6-736. Clearance lights; requirements; substitution; violations; penalty. 6-737. Vehicles required to have clearance lights; flares; reflectors; when required as equipment. 6-738. Vehicles required to have clearance lights; flares; reflectors; how and when displayed. 6-739. Vehicles; red flags; red emergency reflectors; when required as equipment; how and when displayed. 6-740. Clearance lights, flares, and reflector requirements; violations; penalty. 6-741. Removing flares or flags; penalty. 6-742. Vehicles; slow moving; emblem required; when used. 6-743. Vehicles; slow moving; emblem; how equipped; penalty. 6-744. Load projecting to rear; red flag or red light required. 6-745. Motor vehicles; brakes; requirements. 6-746. Trailers; brake requirements; safety chains; when required. 6-747. Trucks and buses; brake requirements; violation; penalty. 6-748. Hydraulic brake fluids; requirements; violation; penalty. 6-749. Tires; requirements; cleats or projections prohibited; exceptions; permissive uses; special permits; exceptions. 6-750. Trucks; rearview mirror. 6-751. Operator; view to rear required; outside mirrors authorized. 6-752. Windshield and windows; nontransparent material prohibited; windshield equipment; requirements. 6-753. Safety glass, defined. 6-754. Safety glass; requirements; vehicles built after January 1, 1935; motorcycle windshield; requirements; violation; penalty. 6-755. Violation by common carrier; permit revoked or suspended. 6-756. Occupant protection systems. 6-757. Occupant protection system; 1973 year model and later motor vehicles; requirements; violation; penalty. 6-758. Child passenger; use restraint system or occupant protection system; when; information and education program. 6-759. Child passenger restraint requirements; violations; penalty; defense. 6-760. Violation of child passenger restraint requirements; how constructed. 6-761. Occupant protection system; use required; when; exceptions. 6-762. Enforcement of occupant protection system requirements; when. 6-763. Occupant protection system; violation; penalty. 6-764. Occupant protection system violation; evidence; when admissible. 6-765. Limitations on backing vehicles. 6-766. Obedience to signal indicating approach of train; prohibited acts. 6-767. Buses and school buses required to stop at all railroad grade crossings; exceptions. 6-768. Grade crossings; certain carriers; required to stop; exceptions. 6-769. School bus; safety requirements; use of stop signal arm; use of warning signal lights; violations; penalty. 6-770. Splash aprons; requirements; violation; penalty. 6-771. Towing; drawbars or other connections; length; red flag required, when. 6-772. Horn; requirements; prohibited acts. 6-773. Muffler or noise-suppressing system; prevention of fumes and smoke; requirements. 6-774. Television set; equipping motor vehicle with screen visible to driver; penalty). Article 8. Misclelaneous (6-801. Motor vehicle owner or operator; liability to guest passenger; limitation. 6-802. Leased trucks, truck-tractors, and trailers; liability of owner for damages. 6-803. Operating a motor vehicle or a vessel to avoid arrest; penalty. 6-804. Winnebago Traffic Code; applicability to persons operating motorcycles. 6-805. Restrictions on operating motorcycles. 6-806. Operating motorcycles on roadways laned for traffic; prohibited acts. 6-807. Moped; operation; license or permit; required. 6-808. Moped; operator; Winnebago Traffic Code; applicable. 6-809. Moped; restrictions on operation. 6-810. Operating mopeds on roadways laned for traffic; prohibited acts. 6-811. Winnebago Traffic Code; applicability to persons operating bicycles. 6-812. Riding of bicycles; prohibited acts. 6-813. Bicycles on roadways and bicycle paths; general rules; regulation by local authority. 6-814. Equipment on bicycles; lights; brakes. 6-815. Bicycles; reflective device or material; retail sale; requirements; violation; penalty. 6-816. All-terrain vehicle, defined. 6-817. All-terrain vehicle; operation. 6-818. All-terrain vehicle; lights required; when. 6-819. All-terrain vehicle; equipment required. 6-820. Modification of all-terrain vehicle; prohibited. 6-821. All-terrain vehicle; competitive events; exemptions. 6-822. All-terrain vehicle; accident; report required. 6-823. Snowmobiles; registration required. 6-824. Snowmobile operation; equipment; permission of landowner. 6-825. Snowmobile contests; requirements. 6-826. Snowmobiles; prohibited acts. 6-827. Snowmobile; operation; muffler, when required. 6-828. Operation by person under twelve years of age; operation by a person under sixteen; restrictions; snowmobile safety certificate. 6-829. Snowmobile owner; prohibited acts. 6-830. Snowmobiles; carrying firearms; hunting; unlawful. 6-831. Snowmobile; confiscation; sale; proceeds; disposition. 6-832. Snowmobile operation; accident; requirements. 6-833. Legislative intent. 6-834. Minibikes; operation; violations; penalty; unlawful acts. 6-835. Radar transmission device; definitions. 6-836. Radar transmission device; definitions. 6-837. Authorized devices. 6-838. Prohibited device; seizure; disposal. 6-839. Abandoned motor vehicle; defined. 6-840. Abandoned motor vehicle; title; vest in local authority; when). (64 pgs.).
Title 7. Health, safety, and welfare – Article 1. Mental health commitment act (7-101. Definitions. 7-102. Petition. 7-103. Counsel. 7-104. Hearing. 7-105. Disposition. 7-106. [Reserved]). Article 2. [Reserved]. Article 3. Animals (7-300. Definitions. 7-301. Offices designated. 7-302. Licensing of dogs, cats or other domesticated animals. 7-303. Rabies certification of vaccination required. 7-304. Exception. 7-305. Display of tag. 7-306. Transfer or change of ownership. 7-307. Duplicate tag. 7-308. Removal of license tags. 7-309. At large prohibited. 7-310. Impoundment and ticketing. 7-311. Disposition of animals. 7-312. Impoundment fees. 7-313. Redemption. 7-314. Injured animals at large. 7-315. Vicious animal – duty of owner. 7-316. Keeping of dangerous animals prohibited. 7-317. Regulation of keeping vicious dogs. 7-318. Harboring of strays. 7-319. General prohibitions and duties. 7-320. Compulsory immunization of dogs, cats and other animals for rabies. 7-321. Prima facie evidence. 7-322. Report by owner. 7-323. Rabies: report by physician. 7-324. Rabies: report by others. 7-325. Rabies: Examination. 7-326. Rabies: quarantine: conditions. 7-327. Rabies: quarantine: place. 7-328. Rabies: report of condition. 7-329. Death of animal during quarantine. 7-330. Payment of quarantine and examination costs. 7-331. Periodic examination of animal. 7-332. Civil liability of owner for damages caused by the owner's dog, cat or other domesticated animal. 7-333. Sovereign immunity of the Tribe. 7-334. Penalties). Article 4. Open burning (7-401. Definitions. 7-402. Open burning. 7-403. Prohibition on open burning. 7-404. Trash containers. 7-405. Penalty). Article 5. Burning of petroleum products (7-501. Definitions. 7-502. Burning of petroleum products. 7-503. Penalty). Article 6. Open dumping (7-601. Definitions. 7-602. Open dumping. 7-603. Penalty). Article 7. [Reserved]. Article 8. Compulsory education (7-801. Compulsory education; attendance required. 7-802. Compulsory education; exceptions. 7-803. Compulsory attendance; made where. 7-804. Non-attendance lists; transmission of information. 7-805. Entry or withdrawal of student; attendance reports. 7-806. Nonattendance; duty to report; investigation. 7-807. Excessive absenteeism; report. 7-808. Diversion Team; process. 7-809. Failure to comply with diversion; process; continued violation; further action. 7-810. School procedures. 7-811. Effective date). Article 9. Food code (7-901. Food code. 7-902. Food safety, illness prevention, and honest presentation. 7-904. Statement of application and listing of terms. 7-905. Person inc charge. 7-906. Clean condition. 7-907. Cleaning procedure. 7-908. When to wash. 7-909. Clean condition. 7-910. Eating, drinking, or using tobacco. 7-911. Discharges from the eyes, nose, and mouth. 7-912. Food. 7-913. Characteristics. 7-914. Nonfood-contact surfaces. 7-915. Equipment and utensils. 7-916. Food-contact surfaces. 7-917. Nonfood-contact surfaces. 7-918. Approved system. 7-919. Outdoor enclosure. 7-920. Receptacles. 7-921. Outside receptacles. 7-922. Storing refuse, recyclables, and returnables. 7-923. Areas, enclosures, and receptacles, good repair. 7-924. Surface characteristics. 7-925. Handwashing cleanser, availability. 7-926. Mechanical. 7-927. Maintaining premises, unnecessary items and litter. 7-928. Prohibiting animals. 7-929. Separation of poisonous or toxic materials. 7-930. Poisonous or toxic materials. Restrictions. 7-931. Conditions of use. 7-932. Rodent bait stations. 7-933. Public health protection. 7-934. Preventing health hazards, provision for conditions not addressed. 7-935. Modifications and waivers. 7-936. Prerequisite for operation. 7-937. Form of submission. 7-938. Qualifications and responsibilities of applicants. 7-939. Contents of the application. 7-940. Existing establishments, permit renewal, and change of ownership. 7-941. Denial of application for permit, notice. 7-942. Revocation. 7-943. Appeal. 7-944. Responsibilities of the permit holder). Article 10. Coroner (7-1000. Appointment of coroner, qualifications; vacancies. 7-1001. Investigations and inquests. 7-1002. Expenses. 7-1003. Witnesses; fees. 7-1004. Oath of witnesses. 7-1005. Testimony; filing. 7-1006. Witness bound over; return. 7-1007. Burial. 7-1008. Bodies; effects; custody. 7-1009. Certificates of death. 7-1010. Expenses. 7-1011. Fingerprinting of unidentified deceased person. 7-10112. Coroner removal of pituitary gland during autopsy). Article 11. Winnebago drug-free work place (7-1101. Citation. 7-1102. Purpose. 7-1103. Definitions. 7-1104. Statement of policy on drugs. 7-1105. Statement of policy on alcohol. 7-1106. Education and training of employees. 7-1107. Drug and alcohol testing procedures. 7-1108. Drug test results. 7-1109. Alcohol test results. 7-1110. Refusal to submit. 7-1111. Positive test results. 7-1112. Release of test results. 7-1113. Laboratory facility. 7-1114. Applicants. 7-1115. Prohibited acts; penalties. 7-1116. Supervisor responsibility. 7-1117. Consent to jurisdiction). Article 12. Winnebago worker's compensation (7-1200. Worker's compensation). Article 13. [Reserved]. 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. Exemptions. 7-1404. Use of notification. 7-1405. Notification and approval or 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. Authority to issue penalty orders. 7-1410. Amount of penalty; consideration. 7-1411. Corrective order. 7-1412. Definitions. 7-1413. PCB; prohibited use. 7-1414. Definitions. 7-1415. Exemptions. 7-1416. Monitoring. 7-1417. Contents labeled. 7-1418. Environmental protection requirements). (50 pgs.).
Title 8. Natural resources – Article 1. Wildlife parks general provisions (8-101. Authority. 8-102. Policy. 8-103. Intent. 8-104. Effective date). Tribal Court: government body (8-105. Winnebago Wildlife and Parks Commission. 8-106. Name). Agreements (8-107. Cooperative and reciprocal agreements). Definitions (8-108. Definitions, interpretations). Game Commission regulations (8-109. Regulations and statutes: contents. 8-110. Powers. 8-111. Officers' duties. 8-112. Search. 8-113. Authority to enter private land. 8-114. Seizure without warrant. 8-115. Forfeiture. 8-116. Civil liability. 8-117. Maximum penalties. 8-118. Non-game species. 8-119. Waiver provision). License information (8-120. Residency. 8-121. Application for a license. 8-122. Validating licenses. 8-123. License classes and fees. 8-124. Special permits. 8-125. Basic license requirements. 8-126. Number of licenses issued. 8-127. Season limitations. 8-128. Bag limits. 8-129. Lost licenses. 8-130. Revoked licenses). Waterfowl (8-131. Waterfowl regulations. 8-132. Restrictions. 8-133. Closed season. 8-134. Shooting or hawking hours. 8-135. Field possession limit. 8-136. Wanton waste. 8-137. Tagging. 8-138. Possession of live birds. 8-139. Dressing. 8-140. Shipment. 8-141. Migratory birds hunting and conservation stamp). Big Game Regulations (8-142. Shooting hours. 8-143. Firearms. 8-144. Bow and arrow. 8-145. Legal animals. 8-146. Non-licenses. 8-147. Tagging and transportation. 8-148. Hunter orange. 8-149. Big game hunting). Restrictions (8-150. Restrictions. 8-151. Flagging. 8-152. Visible bait. 8-153. Raw furs. 8-154. Trap checking. 8-155. Live furbearers. 8-156. Fishing regulations. 8-157. Trespass. 8-158. Retrieval. 8-159. Harassment. 8-160. Livestock and fences. 8-161. Closed areas. 8-162. Motor vehicles. 8-163. Artificial light. 8-164. Inspection. 8-165. Threatened and endangered species. 8-166. Bobcats). Natural resources firearms policy (8-179. Definitions. 8-180. Firearms policy. 8-181. Administration of firearms. 8-182. Firearms record. 8-183. Initial qualification requirements. 8-184. Procedures when firearm is used. 8-185. Responsibility of a senior conservation officer. 8-186. Responsibility of the department of wildlife and parks supervisor. 8-187. Responsibility of the chief administrative officer. 8-188. Medical standards. 8-189. Misconduct. 8-190. Special permits). Article 2. Water management (8-201. Purposes. 8-202. Major actions. 8-203. Definitions. 8-204. Severability. 8-205. Composition of the committee. 8-206. Committee chairperson. 8-207. Committee meetings. 8-208. Duties. 8-209. Committee member provisions. 8-210. Listing of current uses. 8-211. Water resource information. 8-212. Public cooperation. 8-213. Declarations of new water use. 8-214. Inventory update. 8-215. Committee and administrator responsibilities). (33 pgs.).
Title 9. Gaming code – Article 1. Definitions and general provisions (9-101. Definitions. 9-102. Gaming permitted. 9-103. Tribe as sole owner. 9-104. Application of gaming revenues. 9-105. Distribution limitation. 9-106. Management authorized. 9-107. Governing laws. 9-108. Purpose). 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. Powers and duties of the gaming commission. 9-209. Compensation and expenses. 9-210. Commission budget. 9-211. Commission records. 9-212. Financial interest prohibited. 9-213. Rules). Article 3. Licensing provisions (9-301. Required licenses. 9-302. Facility license. 9-303. Operator's license. 9-304. Licensing of employees and key employees. 9-305A. License for distributor and suppliers. 9-305B. Machine licenses. 9-305C. 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. All information confidential. 9-311. Duration of licenses. 9-312. License suspension; revocation. 9-313. Forms of licenses. 9-314. License application fee. 9-315. Background investigations. 9-316. Eligibility determination. 9-317. Forwarding applications and reports to the national commission. 9-318. Report to national commission. 9-319. Granting a gaming license. 9-320. Application forms. 9-321. Burden of proof). Article 4. Class II gaming (9-401. Gaming regulated. 9-402. Games authorized). Article 5. Class III gaming (9-501. Gaming regulated. 9-502. Games authorized. 9-503. Gaming rules. 9-504. Rules displayed. 9-505. Gaming devices. 9-506. Security. 9-507. Commission rules. 9-508. Right of entry and inspection. 9-509. No credit. 9-510. Notification of violations. 9-511. Surveillance). Article 6. Violations; penalties (9-601. Role of tribal prosecutor. 9-602. Tribal court jurisdiction. 9-603. Prohibited acts. 9-604. Criminal violations; penalties. 9-605. Civil violation. 9-606. Civil penalties. 9-607. Consent to jurisdiction. 9-608. Civil actions. 9-609. Administrative hearings. 9-610. Agent for service). Article 7. Miscellaneous provisions (9-701. Sovereignty not waived. 9-702. Audits. 9-703. Contracts subject to audit. 9-704. Public safety. 9-705. Unclaimed winnings. 9-706. Saving clause. 9-707. Short title. 9-708. Repeal of prior law. 9-709. Customer disputes. 9-710. Customer rights regarding disputes. 9-711. Gaming commission action on customer disputes. 9-712. Right to exclude or remove. 9-713. Review and approval of gaming contracts). (25 pgs.).
Title 10. Taxation – Article 1. (10-101. Citation. 10-102. Purpose. 10-103. Tax commission. 10-104. Composition of the tax commission. 10-105. Seal. 10-106. General powers of the tax commission. 10-107. Rulemaking authority. 10-108. Forms. 10-109. Tax stamps and licenses. 10-110. Records. 10-111. Bookkeeping. 10-1112. Collection account; deposits. 10-1113. 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 or seized property. 10-124. Public sale of forfeited property. 10-125. Exempt property. 10-126-10-150. [Reserved]. 10-151. Administrative appeals. 10-152. Limitation 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). Article 2. Sales tax (10-200. Definitions. 10-201. Tax on sales of goods. 10-202. Exceptions. 10-203. Impact of tax. 10-204. Payment of tax. 10-205. Permit system). Gasoline tax (10-300. Definitions. 10-301. Tax on sales of gasoline. 10-302. Exceptions. 10-303. Impact of tax. 10-304. Collection of tax. 10-305. Payment of tax). Article 4. Construction tax ([10-401. Construction tax]). Article 5. Bingo tax (10-500. Bingo tax. 10-501. Effective date). Article 6. Tobacco tax (10-600. Definitions. 10-601. Sales of tribal tobacco. 10-602. Interest sales of tribal tobacco. 10-603. Compact exceptions. 10-604. Wholesale exceptions. 10-605. Impact of tax. 10-606. Tax collection. 10-607. Payment of tax. 10-608. Effective date). (20 pgs.).
Title 11 - Business Corporation Code (11-001. Citation). Definitions (11-011. Definitions). Application (11-021. Repeal of previous business Corporation Code. 11-041. Reservation of right. 11-061. Corporations wholly owned by tribe. 11-081. Sovereign immunity of Tribe not waived). Incorporation; articles (11-101. Purposes. 11-105. Incorporators. 11-111. Articles. 11-115. Corporate name. 11-117. Reserved name. 11-121. Registered office; registered agent. 11-123. Change of registered office or registered agent; change of name of registered agent. 11-131. 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). Powers (11-161. Powers. 11-163. Corporate seal. 11-165. Effect of lack of power; ultra vires). Organization; bylaws (11-171. Organization. 11-181. Bylaws). Board (11-201. Board. 11-203. Number. 11-205. Qualifications; election. 11-207. Terms. 11-209. Acts not void or voidable. 11-211. Compensation. 11-213. Classification of directors. 11-215. Cumulative voting for directors. 11-221. Resignation. 11-223. Removal of directors. 11-225. Vacancies. 11-231. Board meetings. 11-233. Absent directors. 11-235. Quorum. 11-237. Act of the board. 11-239. Action without meeting. 11-241. Committees. 11-251. Standard of conduct. 11-255. Director conflicts of interest). Officers (11-301. Officers required. 11-305. Duties of required officers. 11-311. Other officers. 11-315. Multiple offices. 11-321. Officers deemed elected. 11-331. Contract rights. 11-341. Resignation; removal; vacancies. 11-351. Delegation. 11-361. Standard of conduct). Shares; shareholders (11-401. Authorized shares. 11-402. Share dividends, divisions, and combinations. 11-403. Subscriptions for shares. 11-405. Consideration for shares; value and payment; liability. [11-409. Rights to purchase]. 11-413. Preemptive rights. 11-417. Share certificates, issuance and contents; uncertificated shares. 11-419. Lost share certificates; replacement. 11-423. Fractional shares. 11-425. Liability of subscribers and shareholders with respect to shares. 11-429. Restriction on transfer or registration of securities. 11-431. Regular meetings of shareholders. 11-433. 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). Loans; obligations; distributions (11-501. Loans; guarantees; suretyship. 11-505. Advances. 11-521. Indemnification. 11-551. Distributions. 11-553. Power to acquire shares. 11-557. Liability of shareholders for illegal distributions. 11-559. Liability of directors for illegal distributions). Merger, exchange, transfer (11-601. Merger, exchange, transfer. 11-611. Plan of merger or exchange. 11-613. Plan approval. 11-615. Articles of merger or exchange; certificate. 11-621. Merger of subsidiary. 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). Dissolution (11-701. Methods of dissolution. 11-711. Voluntary dissolution by incorporators. 11-721. Voluntary dissolution by shareholders. 11-723. Filing notice of intent to dissolve; effect. 11-727. Dissolution procedure for corporations that give notice to creditors and claimants. 11-7291. Dissolution procedure for corporations that do not give notice. 11-731. Revocation of dissolution proceedings. 11-734. Effective date of dissolution; certificate. 11-741. Supervised voluntary dissolution. 11-751. Judicial intervention; equitable remedies or dissolution. 11-753. 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). Extension (11-801. Extension after duration expired. 11-805. Effect of extension). Corporate registration (11-821. Winnebago Tribal corporate registration). Actions against corporations (11-901. Service of process on corporation. 11-917. Court action; remedies and penalties). Corporations wholly owned by the Tribe (11-1001. Scope. 11-1002. Application. 11-1003. Special powers, privileges and immunities of corporations wholly owned by the Tribe. 11-1010. Board. 11-1021. Shares in corporations wholly owned by the Tribe; shareholders; voting. 11-1022. Liability of Tribe as shareholder. 11-1023. Shareholder meetings. 11-1030. Assets, distribution of income. 11-1091. Voluntary dissolution by incorporators). Effective date and authority (11-1101. Severability; effect of invalidity of part of this code. 11-1111. Effective date. 11-1113. Authority. 11-1117. No impairment of contracts). (91 pgs.).
Title 11A. – Industrial Development Financing Service Act. [Article 1. Reserved]. Article 2. Winnebago industrial development financing service act (11A-201. Citation and special definition. 11A-202. Establishment and purpose of the Winnebago Industrial Development Financing Service. 11A-203. Tribal credit officer to operate service, business of industrial development financing service. 11A-204. Federal Deposit Insurance Corporation Act. 11A-205. Pledge of assets generally. 11A-206. Indemnification for defending suits. 11A-207. Property acquisition. 11A-208. Engagement of officer, and employees. 11A-209. Removal and discharge of appointees. 11A-210. Capital of industrial development financing service. 11A-211. Tribal funds to be deposited in the Winnebago Industrial Development Financing Service. 11A-212. Non liability of officers and sureties after deposit. 11A-213. Deposits may be received from any source. 11A-214. Deposits to credit of other financing services. 11A-215. Guaranty of deposits—exemption from taxation. 11A-216. Interest rates-time deposits-limitation-charges. 11A-217. Deposits may be made in any bank. 11A-218. Financing service may make loans. 11A-219. Loans to treasury account authorized. 11A-220. Investments in government sponsored stocks. 11A-221. Fund transfers to tribal departments-how credited. 11A-222. Warrants against transferred funds. 11A-223. Assignment patents and sales of land acquired through foreclosure. 11A-224. Name in which business conducted-execution of instruments. 11A-225. Civil actions against financing service. 11A-226. Surety not required for financing service in civil actions. 11A-227. No execution of financing service property. 11A-228. Audit of financing service accounts and records. 11A-229. Indian Financing Act authorization). Utilization of Financing Service in Industrial Development (11A-230. Declaration and finding of public purpose. 11A-231. Financing service advisory board. 11A-232. Authority of board-capital pool created. 11A-233. Minimum standards for loan from capital pool. 11A-234. Mortgage program administration. 11A-235. Purpose. 11A-236. Definitions. 11A-237. Powers. 11A-238. Default by mortgagors. 11A-239. Mortgage insurance fund. 11A-240. Insurance of mortgages. 11A-241. Mortgage insurance premiums. 11A-242. Expenses. 11A-243. Mortgages eligible for investment. 11A-244. Limitation-credit of financing service and tribe not pledged). Article 3. Winnebago economic development act of 1989, general provisions (11A-301. Citation. 11A-302. Declaration of need and legislative findings. 11A-303. Purposes. 11A-304. Definitions). Board of Trustees (11A-305. Economic development authority created. 11A-306. Board created-number. 11A-307. Appointment of board members. 11A-308. Qualifications of board members. 11A-309. Term of office. 11A-310. Officers. 11A-311. Removal of board members. 11A-312. Compensation to be paid. 11A-313. Quorum. 11A-314. Duties of officers. 11A-315. Meetings). Powers of the authority (11A-316. Period of existence. 11A-317. Power to sue and be sued. 11A-318. General powers. 11A-319. Securing financial assistance. 11A-320. Certain property laws do not apply). Obligations (11A-321. Authority to issue obligations. 11A-322. No personal liability on obligations. 11A-323. No tribal liability of obligations. 11A-324. Obligations are tax exempt. 11A-325. Manner of issuance and sales. 11A-326. Obligations are negotiable. 11A-327. Security for obligations. 11A-328. Actions to be filed for record). Miscellaneous provisions (11A-329. Reports. 11A-330. Acquisition of interests prohibited. 11A-331. Compliance with federal law. 11A-332. Fidelity bonds. 11A-333. Property of authority as public property. 11A-334. No execution on authority property. 11A-335. Personal policies to be enacted. 11A-336. Judicial notice. 11A-337. Special certificate of corporation. 11A-338. Separability of provisions. 11A-339. Records and audit. 11A-340. Authorization of appropriations. 11A-341. Rules, regulations and procedures). Management of tribal enterprises (11A-342. General management provisions. 11A-343. Achieving independent status as a tribal enterprise. 11A-344. Chartering of independent tribal enterprises). (39 pgs.).
TITLE 11B – Limited Liability Company Code. (As adopted January 13, 2010). ARTICLE 1 - GENERAL PROVISIONS. 11B-101 Short Title. 11B-108 Tribe as an Owner. 11B-102 Purposes; Sovereign Immunity. 11B-109 Nature of business. 11B-103 Scope. 11B-110 Execution of Documents. 11B-104 Applicable law. 11B-111 Filing. 11B-105 Definitions. 11B-112 Certificate of Status. 11B-106 Name. 11B-113 Execution by Judicial Act. 11B-107 Registered Office and Registered. Agent.
11B-114 Interstate application. ARTICLE 2 - OPERATING AGREEMENT AND DEALING WITH LLC. 11B-201 Articles of Organization. 11B-205 Liability of Owners to Third Parties. 11B-202 Agency Power of Owners and Managers. 11B-206 Parties to Action. 11B-207 Authority to Sue. 11B-203 Admissions of Owners and Managers. 11B-204 Knowledge of or Notice to Owner or Manager. ARTICLE 3 OWNERS AND MANAGERS. 11B-301 Management. 11B-305 Records and Information. 11B-302 Duties. 11B-306 Admission of Owners. 11B-303 Limitation of Liability and Indemnification. 11B-307 Dissociation. 11B-304 Voting. ARTICLE 4 – FINANCE. 11B-401 Contributions. 11B-403 Allocation of Profits and Losses. 11B-402 Liability for Contribution. ARTICLE 5 - NON-LIQUIDATING DISTRIBUTIONS. 11B-501 Interim Distributions. 11B-505 Distribution in Kind. 11B-502 Allocation of Distributions. 11B-506 Right to Distribution. 11B-503 Distribution Upon Partial Redemption. 11B-507 Limitations of Distributions. 11B-504 Distribution Upon Dissociation. 11B-508 Liability for Wrongful Distribution. ARTICLE 6 - OWNERSHIP AND TRANSFER OF PROPERTY. 11B-601 Ownership of LLC Property. 11B-605 Rights of Judgment Creditor. 11B-602 Transfer of Property. 11B-606 Right of Assignee to Become an Owner. 11B-603 Nature of Interest. 11B-607 Powers of Legal Representative. 11B-604 Assignment of LLC Interest. ARTICLE 7 – DISSOLUTION. 11B-701 Dissolution. 11B-705 Articles of Dissolution. 11B-702 Judicial Dissolution. 11B-703 Winding Up. 11B-706 Known Claims Against Dissolved LLC. 11B-704 Distribution of Assets. 11B-707 Unknown or Contingent Claims. ARTICLE 8 – MERGER. 11B-801 Definitions. 11B-805 Articles of Merger. 11B-802 Merger. 11B-806 Effects of Merger. 11B-803 Approval of Merger. 11B-807 Right to Object. 11B-804 Plan of Merger. ARTICLE 9 - LIMITED LIABILITY COMPANIES WHOLLY-OWNED BY THE TRIBE SUBPART 1 GENERAL PROVISIONS FOR TRIBALLY-OWNED LLC’S. 11B-911 Tribally-Owned Companies. 11B-912 Tribally-Owned Subsidiary Companies. 11B-915 Project Companies with Non-Tribal Owners. 11B-913 Privileges and Immunities. 11B-916 Purpose of Tribally-Owned LLC’s. 11B-914 Ownership. 11B-917 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 Court Actions By a Tribe Authorized. 11B-973 Relief Available. 11B-972 Tribal Approval Required. (32 pgs).
Title 12. Family relations – Article 1. [Reserved]. Article 2. Domestic and family violence act (12-201. Purpose and findings. 12-202. Definitions. 12-203. Domestic or family violence; crime involving domestic or family violence; penalties; mandatory intervention. 12-204. Possession of a firearm. 12-205. Duties of law enforcement to victim; required notice. 12-206. Determination of predomination of predominant aggressor; required report. 12-207. Authority of law enforcement to seize weapons. 12-208. Conditions of release. 12-209. Mandatory arrest for violation of conditions of release. 12-210. Written procedures for prosecution. 12-211. Duty of prosecutor to notify victim. 12-212. Record of dismissal. 12-213. Dismissal prohibited due to civil compromise. 12-214. Rights of victims; duty of prosecutor to inform. 12-215. Spousal privileges inapplicable. 12-216. Advocated-victim privilege. 12-217. Residential confinement; visitation in home of victim prohibited. 12-218. Diversion prohibited. 12-219. Required policies and procedures. 12-220. Eligible petitioners for protection orders. 12-221. Uniform documents for petitions and orders; required statements; duties of clerk. 12-222. 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 petitioners address. 12-224. Emergency order for protection; available relief; availability of judge or court officer. 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. Mandatory arrest for certain violations of orders for protection. 12-231. Violation of certain orders for protection. 12-232. Court-ordered and court-referred mediation prohibited. 12-233. Court costs and fees. 12-234. Court-referred assistance to victims of domestic and family violence. 12-235. Registration and enforcement of foreign orders for protection; duties of court clerk. 12-236. Mandatory training). (17 pgs.).
Title 13. Tribal Employment Rights Ordinance (TERO) – Article 1. General provisions and purpose (13-101. Name. 13-102. Statement of purpose. 13-103. Consistent with federal laws. 13-104. Congressional endorsement). Article 2. Definitions (13-200. Definitions). Article 3. The Winnebago Tribe of Nebraska Tribal Employment Rights Commission (13-301. Authority. 13-302. Quorum. 13-303. Commission report. 13-304. Commission's office. 13-305. Commission expenses. 13-306. Duties of the commission. 13-307. Powers of the commission. 13-308. Intergovernmental relations. 13-309. Delegation of authority). Article 4. The Winnebago Tribe of Nebraska Tribal Employment Rights Office (13-401. Coverage. 13-402. TERO officer: qualifications, staff, and duties). Article 5. Implementation of specific Indian preference requirements (13-501. Contracts and subcontracts. 13-502. Minimum numerical goals and timetables for Indian employment. 13-503. Training. 13-504. Tribal hiring hall. 13-505. Counseling and support programs. 13-506. Preference in contracting and subcontracting. 13-507. Lay-off. 13-508. Promotion. 13-509. Summer students). Article 6. The Winnebago Tribe of Nebraska Tribal Employment Rights fee (13-601. Fee). Article 7. Compliance by unions (13-701. Content of union agreement. 13-702. Model union agreement. 13-703. Recognition of unions. 13-704. Sovereignty). Article 8. Due process/hearing (13-801. Notice. 13-802. Commission complaint procedure. 13-803. Individuals complaint procedure. 13-805. Investigations. 13-806. Hearing procedures. 13-807. Appeals). Article 9. TERO compliance (13-901. Compliance). Article 10. Reporting and on-site inspections (13-1001. Reporting and on-site inspections). Article 11. Penalties for violations (13-1101. Penalties for violations). Article 12. Order to the Winnebago Tribal Police (13-1201. Order to the Winnebago Tribal Police). Article 13. Publishing the ordinance (13-1301. Publishing the ordinance). Article 14. Severability (13-1401. Severability). Article 15. Effective date (13-1501. Effective date). (24 pgs.).
Title 14. Probate – Article 1. (14-101. Jurisdiction. 14-102. General definitions. 14-103. Evidence as to death or status. 14-104. Records. 14-105. Oaths. 14-106. Notices. 14-107. Renunciation of inheritance. 14-108. Effect of divorce, annulment, or decree of separation. 14-109. Effect of fraud and evasion. 14-110. Disqualification of a willful slayer. 14-111. Petition for appointment of administrator or executor. 14-112. Priorities of appointment. 14-113. Duties of administrator or executor. 14-114. Oath and letters of appointment. 14-115. Notice to creditors. 14-116. Priority of payment of demands against the estate. 14-117. Distribution of property if no taker. 14-118. Restriction on interests. 14-119. Status of heirs. 14-120. Debts owed to the decedent. 14-121. Reopening of estates. 14-122. Rule of interpretation. 14-123. Construction. 14-124. Severability. 14-125. Citation. 14-126. Who may make a will. 14-127. Execution. 14-128. Holographic will. 14-129. Self-proved will. 14-130. Who may witness. 14-131. Choice of law as to execution. 14-132. Revocation by writing or by act a will or any part thereof is revoked. 14-133. Revocation by divorce; no revocation by other changes of circumstances. 14-134. Revival of revoked will. 14-135. Incorporation by reference. 14-136. Events of independent significance. 14-137. Requirement that devisee survive testator by one hundred hours. 14-138. Simultaneous death. 14-139. Rules of construction and intention. 14-140. Construction that will passes all property; after-acquired property. 14-141. Anti-lapse; deceased devisee; class gifts. 14-142. Failure of testamentary provision. 14-143. Exercise of power of appointment. 14-144. Non-exoneration. 14-145. Construction of generic terms to accord with relationship as defined for intestate successions. 14-146. Ademption by satisfaction. 14-147. Petition for letters testamentary. 14-148. Qualification of executor. 14-149. Appointment of executor. 14-150. Duties of executor; bond. 14-151. Creditors. 14-152. Accounting. 14-153. Distribution; closing estate. 14-154. Distribution; order in which assets appropriated; abatement. 14-155. Property discovered after estate closed. 14-156. Personal representative's and attorney's fees. 14-157. Homestead allowance. 14-158. Exempt property. 14-159. Family allowance. 14-160. Source, determination and documentation. 14-161. Applicable law). (13 pgs.).
Title 15. Utilities – Article 1. Legislative findings and purpose (15-101. Sovereign power to regulate. 15-102. Critical need for utility regulation on reservation. 15-103. Demonstrably serious impacts of utility activities upon economic security, health and welfare of the Winnebago Tribe of Nebraska and Winnebago tribal members. 15-104. State jurisdiction and regulation not applicable within Winnebago reservation. 15-105. Finding of consensual relations between utilities operating within reservation and the Tribe, tribal members and non-members of Tribe. 15-106. Illegality of state tax collection by utilities. 15-107. Benefits provided by Tribal government to utilities. 15-108. Purpose. 15-109. Scope of services to be regulated. 15-110. Territory, persons and property affected. 15-111. Explicit and implicit intention for state law preemption). Article 2. General provisions (15-201. Title and date. 15-202. Sovereign immunity. 15-203. Definition of terms). Article 3. Winnebago Tribal Utility Board; regulatory (15-301. Creation of Winnebago Tribal Utility Board. 15-302. Number and selection of board members. 15-303. Terms of office. 15-304. Board qualifications. 15-305. Initial appointment of the Utility Board. 15-306. Vacancies. 15-307. Resignations. 15-308. Removals. 15-309. Officers of the board and duties of officers. 15-310. Compensation. 15-311. Quorum. 15-312. Majority vote. 15-313. General procedures of the board. 15-314. Tribal utility account established. 15-315. Jurisdiction of board. 15-316. Powers and duties of board with respect to utilities. 15-317. Annual reports by utilities. 15-318. Production of records. 15-319. Investigation. 15-320. Hearings; examiner. 15-321. Rules of the board. 15-322. Board employees and expenses). Article 4. Public utilities: responsibilities, duties, requirements (15-401. Duty to provide adequate service. 15-402. Unauthorized utilities facilities prohibited. 15-403. Duty to produce information on reservation easements. 15-404. Disconnection or discontinuation of service). Article 5. Electric utility service on Winnebago reservation (15-501. Assigned service areas; nonexclusive franchise requirement. 15-502. Franchise service rights; terms of franchise. 15-503. Interconnection standards and obligations. 15-504. Net metering. 15-505. Energy conservation & energy efficiency. 15-506. Lower income programs. 15-507. Environmental obligations. 15-508. Ownership of wires and facilities. 15-509. Valuation of electric utility property. [Reserved]). Article 6. Telecommunications service [Reserved]. Article 7. Water service [Reserved]. Article 8. Wastewater service [Reserved]. Article 9. Gas utilities [Reserved]. Article 10. Heating utilities [Reserved]. Article 11. Other utilities [Reserved]. Article 12. Tribal Utility Board - enterprise [Reserved]). (23 pgs.).
Title 16. Civil trespass – Article 1. Civil trespass statute (16-100. Citation. 16-101. Purpose. 16-102. Definitions. 16-103. Applicability. 16-104. Notice of trespass. 16-105. Enforcement. 16-106. Enforcement by United States. 16-107. Civil penalties. 16-108. Interest on penalties. 16-109. Appeals. 16-110. Actions by hearing officer. 16-111. Enforcement after appeal. 16-112. Severability. 16-113. Effective date. 16-114. Amendment). (4 pgs.).
TITLE 17 – Interests in Real Property.
17-201 Applicability of Article and purpose. 17-205 Priority. 17-202 Tribal court jurisdiction. 17-206 Tribal notice. 17-203 Definitions. 17-207 Service of process and procedures. 17-204 Recording.
17-208 Unlawful detainer. 17-216 Filing of petitions. 17-217 Cure of default by subordinate lienholder or other lienholder. 17-229 Application of proceeds to discharge of debt and ownership surplus. 17-230 Disposition of unclaimed surplus.
17-218 Judgment in favor of the secretary for default of leasehold mortgage. 17-219 Sale of premises ordered by Tribal Court. 17-231 Cure period. 17-232 Stay of proceedings upon payment by defendant of sums due. 17-220 Limitation on power of Tribal Court. 17-233 Sale of premises in parcels. 17-221 Suspension of activity on debt. 17-222 Inclusion of co-debtor in action. 17-234 Order of sale upon default in payment of installments. 17-223 Complainants; disclosure obligations. 17-235 Sale of entire property. 17-224 Effect of prior judgment. 17-225 Sale of premises by police or Tribal Court officer. 17-226 Publication and posting notice of sale. 17-236 Disposition of proceeds of sale of entire property.
17-237 Actions to be taken upon satisfaction or payment. 17-227 Content of notice. 17-238 Fee lands not affected. 17-228 Transfer of property to purchaser. 17-239 Fee land foreclosures. (10 pgs).
TITLE 18 - Guardianship and Conservatorship.
(As adopted March 9, 2011).
18-101 Citation. 18-107 Severability. 18-102 Declaration of policy. 18-108 Construction. 18-103 Authority. 18-109 Applicability of Rules of Civil Procedure. 18-104 Jurisdiction. 18-110 Penalties. 18-105 Civil action. 18-111 Effective Date. 18-106 Definitions.
18-201 Pleadings. 18-202 Reports. 18-216 Letters of guardian or conservator issued. 18-217 Oath – acceptance of appointment. 18-203 Combining Petitions. 18-218 Effect of appointment – ward. 18-204 Same person as guardian and conservator. 18-219 Legal effect of appointment. 18-220 Compensation of guardian or conservator. 18-205 Service. 18-221 Self-dealing by guardian or onservator. 18-206 Waiver of notice. 18-222 Liability of guardians and conservators. 18-207 Proof of Service. 18-223 Tort liability of guardians or conservators. 18-208 Notice – commencement of action. 18-224 Cause for termination; general. 18-209 Notice of hearing or trial. 18-210 Hearing procedure. 18-225 Cause for termination; restoration of capacity. 18-211 Burden of persuasion; General provisions. 18-212 Representation. 18-213 Preference for appointment of guardian and/or conservator; minor. 18-214 Preference for appointment of guardian and/or conservator; adult. 18-226 Cause for termination; resignation or removal proceedings. 18-227 Appointment of successor guardian or conservator. 18-228 Powers of successor guardian or conservator. 18-229 Limit on application to terminate. 18-215 Affidavit of guardian and/or conservator.
18-301 Natural guardians; parental preference. 18-312 Bond. 18-302 Petition for Appointment of Guardian. 18-313 Reporting requirements – guardian. 18-303 Notification of Guardianship Powers. 18-314 Guardian’s compensation. 18-304 Powers and duties of Guardian; general. 18-315 Property delivered – penalty. 18-305 Powers and duties of Guardian; subject
to approval of the Court. 18-306 Powers and duties of Guardian; other. 18-307 Powers and duties of guardian of a minor. 18-308 Qualification of guardian. 18-309 Appointment of guardian based on incompetency.
18-310 Appointment of guardian based on minority. 18-316 Testamentary appointment of guardian for incapacitated person. 18-317 Termination of guardianship for incapacitated person; liability for prior acts; obligation to account. 18-318 Testamentary appointment of guardian of minor. 18-319 Objection by minor of fourteen or older to testamentary appointment. 18-311 Appointment of temporary guardian. 18-401 Petition for appointment of conservatorship. 18-424 Filing of claim required. 18-425 Compelling payment of claims. 18-402 Permissible court orders. 18-426 Allowance by conservator. 18-403 Notification of conservatorship powers. 18-427 Execution and levy prohibited. 18-404 Appointment of conservator. 18-428 Claims of conservators. 18-405 Appointment of temporary and/or limited conservator. 18-429 Claims not filed. 18-430 Liens not affected by failure to claim. 18-406 Duties of conservator. 18-431 Pending actions. 18-407 Powers of conservator without further Court order. 18-432 General denial of claims. 18-433 Disallowance of claim by conservator. 18-408 Powers of conservator subject to the approval of the Court. 18-434 Notice of disallowance and request for hearing. 18-409 Powers of ward. 18-435 Notice of disallowance; proof of service. 18-410 Qualification of conservator. 18-411 Bond. 18-436 Notice of disallowance; claims barred after twenty days. 18-412 Amount of bond. 18-413 Bond – approval by Clerk. 18-414 Review by Clerk when inventory is filed. 18-437 Request for hearing by claimant. 18-438 Applicability of Rules of Civil Procedure to hearing on claim. 18-415 Bond changed. 18-416 Obligees of bond – joint and several liability. 18-439 Payment of claims in insolvent conservatorships. 18-440 Conservator may make gifts. 18-417 Order for delivery. 18-441 Assets exhausted. 18-418 Inventory – reporting requirements. 18-419 Title to ward’s property.
18-442 Accounting to ward upon termination – notice. 18-420 Conservator’s right to possession. 18-443 Delivery of assets. 18-421 Presumption of fraud. 18-422 Claims against ward, conservatorship, or conservator in that capacity. 18-444 Discharge of conservator and release of bond. 18-445 Removal of conservator by Court. 18-423 Forms and verification of claims filed with Clerk. 18-446 Property delivered – penalty. (29 pgs).