This chapter shall be known as the Tulalip Electric Motor Vehicle Dealer Code.
(Res. 2025-052)
(1) 
Authority and Delegation. This chapter is adopted by the Board of Directors of the Tulalip Tribes, pursuant to powers vested in it under Article VI, Sections (1)(F), (1)(H), and (1)(L), of the Tribes’ Constitution (“Constitution”).
(2) 
Scope and Exemptions. The scope of application of this chapter shall be limited to motor vehicles as defined in TTC § 10.45.030. Nothing herein shall be construed to affect or limit the registration, sale, lease, or taxation of any motor vehicles owned or operated by the Tribes, the Village, any of their instrumentalities or subsidiaries, or of private motor vehicles owned by residents of Tribal lands.
(3) 
Statement of Findings. The Tribal Board of Directors finds that:
(a) 
The Tribes has a primary interest in the protection, control, conservation and utilization of natural resources within Tribal lands and has taken numerous steps to ensure the health and well-being of all people residing on or visiting Tribal lands.
(b) 
The Tribes intends to safeguard and promote the peace, health, safety and general welfare of the Tulalip Reservation and its people; and to mitigate the impacts of climate change; and to protect and enhance the natural beauty and resources of the Tulalip Reservation.
(c) 
Pursuant to Section 13401 of the Federal Inflation Reduction Act of 2022, Indian Tribal governments such as the Tribes are recognized with the authority to license and regulate dealers for the sale of motor vehicles for certain purposes under that section. Specifically, when modifying the clean vehicle tax credit (26 U.S.C. 30D) Congress defined “dealer” for purposes of the credit as a person licensed by a state, the District of Columbia, Puerto Rico, a U.S. territory, an Indian Tribal government, or any Alaska Native corporation (P.L. 117-169 Section 13401, Clean Vehicle Credit).
(d) 
The Tribes recognizes the need for electronic motor vehicle dealers on Tribal lands to attract consumers which will promote economic growth, self-sufficiency, strong Tribal government and the continuation and enhancement of essential governmental functions of the Tulalip Tribes.
(4) 
Purpose. Consistent with the above findings and to address the growing threat from climate change, the purposes of this chapter are to:
(a) 
License and regulate electric motor vehicle dealers, sales, leases, and related transactions and enable the temporary registration of electric vehicles, if needed, prior to their permanent registration in any U.S. state or territory and the issuance of a certificate of title by such U.S. state or territory;
(b) 
Recognize the authority of the Tribes to issue, review, approve, suspend, deny, and enforce motor vehicle dealer licenses and the operation of motor vehicles on Tribal lands; and
(c) 
Promote self-determination, encourage economic development and self-sufficiency, and increase business activity and employment on Tribal lands.
(5) 
Short Title. This chapter shall be known and cited as the “Electric Motor Vehicle Dealer Code.”
(Res. 2025-052)
As used in this chapter, the capitalized terms set forth below shall have the following meanings:
(1) 
“Electric motor vehicle”
means a motor vehicle powered solely by electricity stored in a battery or fuel cell or that is generated by the vehicle itself, which battery or fuel cell has a capacity of not less than three kilowatt hours, is capable of powering the vehicle for a distance of at least 15 miles, and is capable of being recharged from an external source of electricity or powered by a fuel cell that emits no pollutants.
(2) 
“Electric motor vehicle manufacturer”
means a corporation or other legal entity that manufactures electric motor vehicles and does not manufacture motor vehicles that are wholly or partly powered by internal combustion engines.
(3) 
“Federal”
means any one of the 50 states, territories and the Federal district of Washington, D.C.
(4) 
“Motor vehicle”
means a self-propelled vehicle having four or more wheels by which a person or property can be lawfully transported on a public highway.
(5) 
“Motor vehicle dealer”
means any person or entity that owns or operates a business on Tribal lands that involves, among other things, the display, offering for sale or lease, sale or lease of and delivery of motor vehicles, and the servicing and repair of such vehicles, and may include a manufacturer of such motor vehicles.
(6) 
“Province”
means any one of the 10 provinces or three territories that are subnational administrative divisions under the jurisdiction of the Canadian Constitution.
(7) 
“State”
means any one of the 50 states of the United States.
(8) 
“TLD”
means the Tribes’ Tax and Licensing Division (TLD).
(9) 
“Tribes”
means the Tulalip Tribes.
(10) 
“Tribal Board”
means that duly elected governing body of the Tribes pursuant to the Constitution.
(11) 
“Tribal lands”
means all lands within the Territory under the jurisdiction of the Tribes pursuant to Article I of the Constitution of the Tulalip Tribes.
(12) 
“Village”
means the Consolidated Borough of Quil Ceda Village, a municipal body politic and corporate organized pursuant to the provisions of and subject only to the limitations imposed by the Constitution and laws of the Tulalip Tribes.
(Res. 2025-052)
(1) 
An electric motor vehicle manufacturer that enters into and complies with a lease or sublease on Tribal lands and complies with the requirements of this chapter may carry on the business of selling or leasing electric motor vehicles, servicing of such vehicles whether purchased or leased at such dealership or elsewhere, and delivery of such vehicles; provided, that no motor vehicles other than electric motor vehicles may be sold, leased, serviced or delivered at or by such dealership.
(2) 
No electric motor vehicle dealership may commence or conduct business operations on Tribal lands without first obtaining, and thereafter maintaining in force, a motor vehicle dealer license issued by the TLD in accordance with this chapter and any rules, regulations or guidelines promulgated by the TLD pursuant to this chapter. An applicant for a motor vehicle dealer license shall submit an application, in the form prescribed by the TLD, along with an application fee as set by the TLD. Such application shall include evidence of the applicant’s compliance with all Federal motor vehicle manufacturer and dealer safety standards and consumer protection laws for any vehicle sold or leased at the dealership, as well as such State or Province standards where the vehicle will be registered and titled. The applicant shall submit copies of all relevant State and Federal or Canadian certifications and maintain such certifications as a condition of its motor vehicle dealer license issued by the TLD. All electric motor vehicle dealers shall comply with all other applicable Tulalip Tribal laws and regulations, including, but not limited to, the consumer protection laws and lemon laws applicable to manufacturers in the State or Province where the vehicle will be registered and titled.
(3) 
The TLD shall interpret and implement this chapter and shall promulgate regulations, standards, rules and administrative guidelines as the TLD deems appropriate in order to carry out the purposes of this chapter and to fulfill the Tribes’ interest in promoting and encouraging the sale of electric vehicles on Tribal lands.
(4) 
The TLD may suspend, revoke, or deny a license to any dealer that: (a) fails to comply with this chapter; or (b) knowingly furnishes or makes any false or misleading statements to the TLD in order to obtain or retain the license.
(5) 
Right of Appeal. Any applicant or dealer aggrieved by the action of the TLD in the denial, suspension or revocation of a license as provided in this chapter shall have the right to appeal to the Tribal Court. Such appeal shall be commenced by filing with the Tribal Court and serving on the TLD, within 10 days after receipt of the notice of the action taken, a written statement setting forth fully the grounds for the appeal. If no appeal is filed within the mandatory time frame, the action of the TLD shall be final. Where an appeal is timely filed, the Tribal Court shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for in civil infraction hearings. The decision and order of the Tribal Court on such appeal shall be final and conclusive. Hearings shall be held within 21 days of the day the request is received by the Tribal Court.
(Res. 2025-052)
(1) 
The TLD shall oversee the issuance of temporary registration permits to licensed electric motor vehicle dealers and, as needed in the determination of such dealer, to purchasers or lessees of motor vehicles from such dealerships needing temporary registration of such vehicle while in transit to the state (other than Washington) or U.S. or Canadian jurisdiction where the vehicle will be registered and sales tax, if applicable, will be paid. If a dealer is issued authorization by the State of Washington to provide permanent registrations to Washington residents pursuant to Washington’s laws, the TLD shall recognize such registration as a matter of comity under this chapter. All sales of electric vehicles on Tribal lands by motor vehicle dealers that may be registered in the State of Washington, for tax purposes, shall be considered to have occurred on Tribal lands.
(2) 
The dealership shall pay the Tribes a fee of $21.00 for each 30 days of validity of each temporary registration permit issued to a purchaser by the TLD, up to a maximum of 60 days, which fee may be passed through to the motor vehicle purchaser. The TLD is authorized to issue permits to the dealership which shall be designated as “dealer plates” for the dealership’s use in sales, leasing, and test drives in the ordinary course of its business.
(3) 
The temporary registration permit shall be affixed to the rear window of each purchased or test driven motor vehicle, in a manner and at a location such that it is clearly visible and legible from the rear of the vehicle, and shall be valid for a period of no more than 60 days, or until the date as of which the purchaser has secured a permanent registration from the jurisdiction where the purchaser resides or will garage the vehicle, whichever is earlier. Each temporary registration permit issued by the TLD shall be on a form prescribed by the Tribes, shall bear a unique alphanumeric symbol, shall contain the name of the dealership that issued the permit, and shall state the date of expiration of the permit. No temporary registration permit shall be issued without adequate proof of the recipient’s insurance coverage for the vehicle, as determined by the Tribes or its designated agency, and in an amount meeting or exceeding liability insurance requirements for such motor vehicle in the state or province where the vehicle will be registered and titled.
(4) 
Temporary registration permits issued by the TLD are not assignable or transferable, nor may their validity be extended beyond the date stated on the permit, the date of permanent registration of the vehicle in a state or province jurisdiction, or the expiration or termination of insurance on the vehicle required at the time of the temporary registration.
(Res. 2025-052)
Nothing in this chapter shall be deemed to waive the sovereign immunity of the Tribes or any of its enterprises, authorities, officers, agents, or employees.
(Res. 2025-052)
This chapter is not subject to review or modification in any State or Federal court or by an authority outside the Tribes and is not subject to review or modification in any Tribal court.
Nothing in this chapter shall constitute, or be construed as, the Tribes’ consent to the extension of jurisdiction by the State of Washington or by any municipality over matters coming within the purview of this chapter.
(Res. 2025-052)
This chapter does not create any right, cause of action or benefit enforceable at law or in equity by any person against the Tribes, its agents, its officers or employees, or any other person.
(Res. 2025-052)