[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
The purpose of this ordinance is to define the terms of Article
III, Section 5(e), and Article IV, Section 1(c), of the Tribal Constitution
in order to provide forms and procedures for the enactment of Tribal
ordinance law by the Tribal Council acting in its legislative capacity.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
"Bill". The draft of a proposed law from the time of its introduction
in a legislative body before it is enacted into law by vote of the
legislative body. An "Act" is the appropriate term for it after it
has been acted on by, and passed by, the legislative body.
(b)
"Committee". A person, or an assembly or board of persons, to whom
the consideration, determination, or management of any matter is committed
or referred, as by a court or legislature. An individual or body to
whom others have delegated or committed a particular duty, or who
have taken on themselves to perform it in the expectation of their
act being confirmed by the body they profess to represent or act for.
In legislatures, a standing committee considers all bills, resolutions,
and other items of legislative business falling within the category
of matters over which it has been given jurisdiction. A special (or
select) committee investigates and reports on specific matters and
terminates when that function has been rendered.
(c)
"Journal of Proceedings". The legislative history of bills and ordinances.
(d)
"Motion". Executive action of the Tribal Council directing that an
act be committed or existing actions be stopped.
(e)
"Ordinance". A rule established by authority; a permanent rule of
action; a law or statute. In its most common meaning, the term is
used to designate the enactments of the legislative body of the Tribal
Council.
(1)
"Compiled Ordinances". Codified ordinances at Large by subject
matter that shall be known as the Grand Traverse Band Code referenced
by a logical system of numbering to be determined by the codifiers
or compilers of the ordinances at large.
(2)
"Ordinances at Large". General body of ordinances listed in
a chronological manner.
(f)
"Publication". The posting of a bill in a Tribal public place for
review by Tribal members.
(g)
"Resolution". Formal executive action of the Tribal Council certifying
the action and intent of the Tribal Council.
(h)
"Tribal Council executive action". The Tribal Council action consisting
of motion or resolution pursuant to Article III, Section 5(e) of the
Tribal Constitution.
(i)
"Tribal Council legislative action". The Tribal Council action consisting
of the passing of an ordinance pursuant to Article III, Section 5(e)
of the Tribal Constitution.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
The Tribal Council shall act in its legislative capacity in a designated
process known as a legislative session.
(b)
A legislative session shall be a designated portion of a regular
or special Tribal Council meeting consistent with the notice provisions
of the Tribal Constitution.
(c)
Alternatively, the Tribal Council shall designate and dedicate a
regular or special meeting solely to legislative matters.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
Any Tribal Councilor may offer proposed legislation which shall be
designated as a bill for purposes of review and comment by the committee
structure of the Tribal Council and review and comment by Tribal members.
(b)
Proposed bills shall be referred to a legislative drafting committee
that is either ad hoc or standing.
(c)
The legislative drafting committee shall take direction from the
Tribal Councilor or Councilors who are sponsoring the proposed bill
on the intent, content, and language of the proposed bill.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
Once the proposed language is agreed to by the Tribal Council,
the bill shall be published in a public place for review and comment
by Tribal members for a period not less than 30 days.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
The bill shall be amended or passed in light of the above §§ 104,
105, and 106 process.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
Immediately. The Tribal Council may designate a proposed ordinance
as an emergency and suspend the above rules upon a finding that legislative
action is immediately necessary to protect the health, welfare, public
security or economic status of the Tribe.
(b)
A new law may be given immediate effect if approved by four members
of the Tribal Council.
(c)
A new law shall become effective in all other instances 30 days after
enactment
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
The Tribal Council may establish committees for the efficient conduct
of its business.
(1)
Said committees may conduct public hearings to assist the committees
in decision making.
(2)
On all actions on bills and resolutions in each committee, names
and votes of members shall be recorded for public inspection.
(3)
Notices of all committee hearings and a clear statement of all
subjects to be considered at each hearing shall be published in the
journal in advance of the hearing.
(b)
The public hearings shall be open to all Tribal members, Tribal administration,
official Tribal committees, and unofficial Tribal committees and organizations
who may offer testimony in support of or in opposition to proposed
legislation.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
All elections and all votes on appointments shall be published
by vote and name in the journal.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
The Tribal Council, while in legislative session shall, keep a journal
of its proceedings and publish the same unless security otherwise
requires.
(b)
The record of the vote and name of the members voting on any question
shall be entered in the journal at the request of two Tribal Councilors.
(c)
Any Tribal Councilor may dissent from and protest against any act,
proceeding or resolution which he/she may deem injurious to any person
or the Tribe and have the reasons for his/her dissent entered into
the journal.
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996, as amended by Tribal Act #99-17.733, enacted by
Tribal Council on May 18, 1999.]
(a)
The Secretary of the Tribal Council shall be responsible for codifying
laws enacted by the Tribal Council in legislative session, on an annual
basis (calendar year).
(b)
Such laws shall be known as Tribal Acts and numbered consecutively
for the year in which said laws were passed and cited as "Tribal Act
_____ of 19 _____."
(c)
Said Tribal Acts shall be further codified by category and published
annually.
(d)
Such codification shall be known as the Grand Traverse Band Code
(GTBC) and shall be cited as "[title #] GTBC § [section
#]".
[History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
The effective date of this Act is September 20, 1996.
