Flandreau Santee Sioux Tribe of South Dakota - Tribal Code

Table of Contents Updated: June 2015

The tribe makes their tribal code available online. The links below will take you to the version of the code available on the tribe's website.

Table of Contents

VOLUME I:
TITLE 1. GENERAL PROVISIONS

Chapter 1: Preliminary Provisions
Chapter 2: Establishment of Courts, Judges; and Other Court Personnel
Chapter 3: Contempts
Chapter 4: Jurisdiction
Chapter 5: Counselors and Professional Attorneys
Chapter 6: Jurors
Chapter 7: Subpoenas and Service of Other Papers
Chapter 8: General Provisions

TITLE 2. CRIMINAL PROCEDURE

Chapter 1: General Provisions
Chapter 2: Complaint, Summons, Warrant
Chapter 3: Arrest
Chapter 4: Citations
Chapter 5: Search and Seizure
Chapter 6: Preliminary Proceedings
Chapter 7: Bond
Chapter 8: Arraignment and Pleas
Chapter 9: Pretrial Procedure
Chapter 10: Discovery
Chapter 11: Subpoena
Chapter 12: Trial by Jury or Court
Chapter 13: Evidence
Chapter 14: Motion for Judgment of Acquittal
Chapter 15: The Trial Jury
Chapter 16: Conduct of Trial
Chapter 17: Jury Instruction and Deliberations
Chapter 18: The Verdict
Chapter 19: Sentencing and Judgment

TITLE 3. CRIMINAL LAW

Chapter 1: General Provisions
Chapter 2: Classification of Offenses and Authorized Punishment
Chapter 3: Assaults
Chapter 3A: Homicide
Chapter 4: Offenses Against Children
Chapter 5: Stalking
Chapter 6: Sex Offenses
Chapter 7: Kidnapping
Chapter 8: Robbery
Chapter 9: Arson and Vandalism
Chapter 10: Burglary and Unlawful Occupancy
Chapter 11: Theft
Chapter 12: Fraud and Misrepresentation
Chapter 13: Improprieties and Bribery in Public Office
Chapter 14: Perjury
Chapter 15: Obstruction of Administration of Government
Chapter 16: Breach of Peace; Disorderly Conduct; Obscenity
Chapter 17: Weapons
Chapter 18: Accessories, Attempts and Conspiracy
Chapter 19: Traffic Offenses
Chapter 20: Controlled Substances / Drugs
Chapter 21: Drug Paraphernalia
Chapter 22: Alcohol and Tobacco

TITLE 3A. LAW ENFORCEMENT

Chapter 1: General Provisions
Chapter 2: Public Safety Commission

VOLUME II:
TITLE 4. RULES OF CIVIL PROCEDURE

Chapter 1: General Provisions
Chapter 2: Commencement of Actions and Service of Process
Chapter 3: Pleadings and Motions
Chapter 4: Answers, Defenses and Objections
Chapter 5: Counter-Claims, Cross-Claims, Third Party Practice, Joinder, Intervention and Interpleader
Chapter 6: Parties
Chapter 7: Class Actions
Chapter 8: Discovery
Chapter 9: Dismissal of Actions
Chapter 10: Trials
Chapter 11: Jurors / Instructions
Chapter 12: Directed Verdicts / Judgment Notwithstanding the Verdict
Chapter 13: Findings by the Court
Chapter 14: Referees
Chapter 15: Judgments / Defaults / Summary Judgment
Chapter 16: New Trials / Amendment of Judgments / Stay of Execution
Chapter 17: Injunction
Chapter 18: Subpoenas

TITLE 4A. TRIBAL APPELLATE COURT AND RULES OF APPELLATE PROCEDURE

Chapter 1: Tribal Appellate Court
Chapter 2: Civil Rules of Appellate Procedure
Chapter 3: Criminal Rules of Appellate Procedure

TITLE 4B. RULES OF EVIDENCE

Chapter 1: General Provisions
Chapter 2: Judicial Notice
Chapter 3: Presumptions
Chapter 4: Relevancy
Chapter 5: Privileges
Chapter 6: Witnesses
Chapter 7: Opinions and Expert Testimony
Chapter 8: Hearsay
Chapter 9: Authentication and Identification
Chapter 10: Contents of Writings, Recordings and Photographs
Chapter 11: Affidavits and Certificates
Chapter 12: Means of Taking Testimony

TITLE 4C. SMALL CLAIMS PROCEDURE

No individual chapters are used in this title.

TITLE 4D. (RESERVED) ENFORCEMENT OF JUDGEMENTS

TITLE 4E. OCCUPATIONAL INJURY ORDINANCE

No individual chapters are used in this title.

VOLUME III:
TITLE 5. JUVENILE CODE / CHILD WELFARE

Chapter 1: General Provisions
Chapter 2: Office of Social Services
Chapter 3: Indian Child Welfare Act Requirements
Chapter 4: Juvenile Court
Chapter 5: Protection of Children from Abuse and Neglect
Chapter 6: Children in Need of Supervision
Chapter 7: Delinquent Children
Chapter 8: Curfew

TITLE 6. DOMESTIC RELATIONS

Chapter 1: Marriage
Chapter 2: Annulment
Chapter 3: Divorce and Separate Maintenance
Chapter 4: Enforcement of Custody and Visitation Rights
Chapter 5: Child Support
Chapter 6: Parent and Child
Chapter 7: Protection from Domestic Abuse
Chapter 8: Adoption of Children
Chapter 9: Guardianship

TITLE 6A. DOMESTIC VIOLENCE PROTECTION AND PREVENTION

Chapter 1: General Provisions
Chapter 2: Protection from Domestic Violence, Criminal Provisions
Chapter 3: Protection from Domestic Violence, Civil Protection Orders
Chapter 4: Full Faith and Credit for Foreign Protection Orders

TITLE 7. MENTAL HEALTH AND INVOLUNTARY COMMITMENTS

Chapter 1: Involuntary Commitment for Substance Dependence
Chapter 1A: Emergency Commitment of Intoxicated or Incapacitated Persons
Chapter 2: Unified Tribal Metal Health Code

TITLE 8. ADULT & ELDERLY PROTECTION

Chapter 1: Provisions for Elders
Chapter 2: Definitions
Chapter 3: Reports
Chapter 4: Boards
Adult Protection Ordinance

TITLE 8A. BANISHMENT

Chapter 1: General Provisions
Chapter 2: Authority to Banish
Chapter 3: Enforcement of Banishments and Punishment

VOLUME IV:
TITLE 9. TRAFFIC REGULATIONS

Chapter 1: General Provisions
Chapter 2: Speed Regulation
Chapter 3: Rules of the Road
Chapter 4: Vehicle Licensing and Registration, Drivers License and Financial Responsibility
Chapter 5: Motorcycle Regulation
Chapter 6: Pedestrians

TITLE 10. LANDLORD AND TENANT

Preamble and Findings
Part I - General Provisions, Scope, and Jurisdiction
Part II - General Definitions and Principles of Interpretation
Part III - Rental Agreements
Part IV - Landlord Obligations
Part V - Tenant Obligations
Part VI - Tenant Remedies
Part VII - Landlord Remedies
Part VIII - Periodic Tenancy; Holdover; Abuse of Access
Part IX - Retaliatory Conduct
Part X - Effective Date; Savings Clause; Severability
Part XI - Tatewin Apartment Complex

TITLE 10A. HOUSING AUTHORITY

Chapter 1: General Provisions
Chapter 2: Housing Authority Management
Chapter 3: Powers of the Authority
Chapter 4: Obligations
Chapter 5: Miscellaneous

TITLE 11. ENROLLMENT

Chapter 1: General Provisions
Chapter 2: Enrollment Committee
Chapter 3: Eligibility for Enrollment
Chapter 4: Enrollment Procedure
Chapter 5: Determination of Blood Degree and Corrections to the Base Roll
Chapter 6: Adoptions, Relinquishments, Dual Enrollment, and Disenroll
Chapter 7: Hearings and Appeals

TITLE 12. FISH AND GAME LAWS

Chapter 1: General Provisions

VOLUME V:
TITLE 13. ANIMAL CONTROL

Chapter 1: General Provisions
Chapter 2: General Prohibitions
Chapter 3: Impoundment
Chapter 4: Enforcement

TITLE 14. FIREWORKS

No individual chapters are used in this title.

TITLE 15. LIQUOR CONTROL

Chapter 1: Alcoholic Beverages
Chapter 2: Liquor Licenses and Sales
Chapter 3: Sales Tax
Chapter 4: Age Requirements
Chapter 5: [Missing]
Chapter 6: Revision

TITLE 16. (RESERVED) SOLID WASTE

VOLUME VI:
TITLE 17. CLASS III GAMING

Chapter 1: General Provisions
[Chapters 2 - 4 Titles not available online; portions missing from document]
Chapter 5: Licenses
Chapter 6: Gaming Regulations

TITLE 18. CLASS II GAMING [Not available online]

TITLE 19. REVENUE ALLOCATION

Chapter 1: General Provisions
Chapter 2: Tribal Economic Development
Chapter 3: Individual Per Capita Payments; Minors' Trust Fund
Chapter 4: Tribal Government Operations and Programs
Chapter 5: Community Assistance Fund
Chapter 6: Non-Profit, Public Safety, and Charitable Programs Fund

VOLUME VII:
TITLE 20. ELECTIONS

Chapter 1: General Provisions
Chapter 2: Election Board
Chapter 3: Eligibility to Vote
Chapter 4: Primary Election
Chapter 5: General Elections
Chapter 6: Election Procedures / Rules
Chapter 7: Recall
Chapter 8: Initiative and Referendum
Chapter 9: Petitions
Chapter 10: Absentee Voting

TITLE 21. PRIVACY ACT

Chapter 1: General Provisions
Chapter 2: Confidentiality and Release of Records
Chapter 3: Penalties for Violations

TITLE 22. TRIBAL CORONER

Chapter 1: General Provisions

TITLE 23. TRIBAL TAX ACT

Chapter 1: Purpose, Scope, and Definitions
Chapter 2: Tribal Tax Commission
Chapter 3: Tribal Taxes
Chapter 4: Payment and Non-Payment of Taxes
Chapter 5: Grievances and Appeals of Tax Decisions
Chapter 6: Intergovernmental Agreement; Severability; Effective Date

TITLE 24. SEX OFFENDER REGISTRY

Chapter 1: General Matters
Chapter 2: Terminology and Registerable Offenses
Chapter 3: Tiering of Offenses
Chapter 4: Required Information
Chapter 5: Registration
Chapter 6: Public Sex Offender Registry Website
Chapter 7: Immunity
Chapter 8: Crimes and Civil Sanctions

TITLE 25. CORPORATION ORDINANCE

Chapter 1: Title, Policy, Constitutional Authority, and Purpose of this Ordinance
Chapter 2: General Supervision
Chapter 3: Business Corporations: Formation and General Power
Chapter 4: Liability
Chapter 5: Business Corporations: Shareholders' Rights
Chapter 6: Business Corporations: Directors, Officers, and Agents
Chapter 7: Business Corporations: Dissolution
Chapter 8: Business Corporations: Foreign Corporations
Chapter 8A: Business Corporations: Supervision
Chapter 9: Nonprofit Corporations: Formation and Powers
Chapter 10: [Title Unavailable]
Chapter 11: Nonprofit Corporations: Records and Reports
Chapter 12: Nonprofit Corporations: Dissolution and Liquidation
Chapter 13: Nonprofit Corporations: Foreign
Chapter 14: Nonprofit Corporations: Supervision
Chapter 15: Corporations: Fraud and Mismanagement
Chapter 16: Limited Liability Companies
Chapter 17: Limited Liability Companies
Chapter 18: Uniform Partnership Act

TITLE 26. REAL PROPERTY

Chapter 1: Reserved
Chapter 2: Tribal Real Property Leases

TITLE 27. LIMITED LIABILITY COMPANY CODE

Chapter 1: General Provisions
Chapter 2: Operating Agreement and Dealing with LLC
Chapter 3: Members and Managers
Chapter 4: Finance
Chapter 5: Non-Liquidating Distributions
Chapter 6: Membership and Transfer of Property
Chapter 7: Dissolution
Chapter 8: Merger and Conversion
Chapter 9: Limited Liability Companies Wholly-Owned by the Tribe
Chapter 10: [Reserved]
Chapter 11: Effective Date and Authority
Legislative History

TITLE 29. MARIJUANA CONTROL ORDINANCE

Chapter 1: General Provisions
Chapter 2: Prohibited Acts and Affirmative Defenses
Chapter 3: Licensing
Chapter 4: Cultivating Marijuana
Chapter 5: Processing Marijuana
Chapter 6: Distributing Marijuana
Chapter 7: Transportation of Marijuana
Chapter 8: Security, Site Management and Inventory Control
Chapter 9: Marijuana Control Commission
Chapter 10: Miscellaneous Provisions
Legislative History

[Table of Contents created by NILL in June 2015, based on materials available on tribe's website.]