Chapter 2.30
LEGISLATIVE PROCEDURES
Sections:
2.30.040 Determination of substantive or technical changes.
2.30.050 Working draft format.
2.30.060 Legal review of working draft.
2.30.070 Working draft sent to Business Committee for review.
2.30.080 Public notice and comment.
2.30.100 Business Committee vote on final draft.
2.30.110 Emergency interim legislation.
2.30.120 Emergency interim legislation initiated.
2.30.130 Legal review of emergency interim legislation.
2.30.150 Expiration of emergency interim legislation.
2.30.160 Incorporation of new law into the Chehalis Tribal Code.
2.30.170 Notice to public of enactment.
2.30.180 Notice and publication of emergency interim legislation.
2.30.010 Findings.
The purpose of this chapter is to set forth a formal, comprehensive, and systematic process to establish, amend, or modify the laws of the Confederated Tribes of the Chehalis Reservation. This chapter is intended to provide for review and consideration of laws, facilitate input from Tribal members, and ensure proper incorporation of newly enacted laws into the codified Chehalis Tribal Code. [Res. 2012-014. Prior code § 1.6.1.010.]
2.30.020 Definitions.
For purposes of this chapter, certain terms are defined in this section:
“Advisory committee” means an assembly of persons who have been gathered into a committee under Chapter 2.25 CTC.
“General Council meeting” means the regularly scheduled Tribal meeting attended by Tribal members for the purposes of discussing Tribal business. “General Council meeting” “annual meeting,” and “Community Council” are included within the meaning of “General Council meeting” for purposes of this chapter.
“Legislation” means a written law which is prepared, proposed, considered, or enacted.
“Proposal” means the draft of a proposed legislative initiative to establish, amend, or modify the law.
“Public” means all Tribal members of the Confederated Tribes of the Chehalis Reservation.
“Publication” means to make information available and/or to distribute the information to the members of the Confederated Tribes of the Chehalis Reservation, to the residents of the Tribe’s jurisdiction, or to the public at large.
“Substantive changes” means significant changes to the law that are likely to impact the community in such a way that notice and an opportunity for public comment is warranted.
“Technical changes” means those changes to the text of the law that do not change the substance of the law and have little to no effect on the practical application of the laws in relation to the community at large. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.1.020.]
2.30.030 Proposals initiated.
Proposals can be initiated by individuals, an advisory committee, the General Council, or the Business Committee.
A. Individual Tribal members may raise issues at the scheduled General Council meeting or any other meeting duly called for legislative purposes. The Business Committee will discuss the matter and determine whether to initiate a proposal to create or amend Tribal law to address the issue.
B. The Business Committee may work directly with the Office Tribal Attorney (OTA) to create a working draft, or refer the matter to another Tribal department or an advisory committee to draft a working copy of the proposed legislation. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.2.010.]
2.30.040 Determination of substantive or technical changes.
The Business Committee will make an initial determination whether a proposal requires a substantive or a technical change to the Tribal law.
A. Substantive changes must go through all normal legislative procedures as set forth in CTC 2.30.030 through 2.30.100.
B. Technical changes may be made by a majority vote at any Business Committee meeting; provided, that the quorum of four is met, as required by the Confederated Tribes of the Chehalis Reservation Bylaws, Art. II, Sec. 4. Technical changes do not require public notice and comment, though the Business Committee may in its discretion choose to invite public comment on technical amendments. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.2.020.]
2.30.050 Working draft format.
All proposals shall conform to the required format for submission. Proposals that are not in the proper format will be edited by the OTA. Information regarding formatting requirements shall be made available upon request. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.2.030.]
2.30.060 Legal review of working draft.
All proposals shall be submitted to the OTA for review prior to consideration by the Business Committee and at regular intervals throughout the process. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.2.040.]
2.30.070 Working draft sent to Business Committee for review.
Only proposals which have passed a legal review may be submitted to the Business Committee for consideration. The Business Committee may take any action it deems necessary and proper, including:
A. Request changes be made to the proposal before any further action is taken;
B. Refer the proposal to an advisory committee for review;
C. Submit the proposal to the General Council for public comment; or
D. Take any other action the Business Committee deems appropriate. [Res. 2012-014. Prior code § 1.6.2.050.]
2.30.080 Public notice and comment.
Once proposed legislation has been submitted to the Business Committee, the proposed legislation will be presented for public notice and comment:
A. Public Notice. The proposed legislation will initially be presented in the scheduled General Council meeting. If there is no quorum for the meeting or the meeting is cancelled, the proposed legislation may be tabled until the next General Council meeting or, if time is of the essence, notice will be mailed to Tribal members as soon as is practicably possible. The notice will briefly explain the proposed legislation and inform Tribal members how to obtain a copy of the proposal and how to submit their comments, and will state the due date for comment submission.
B. Comments. Comments about the legislation may be given orally at the scheduled General Council meeting immediately following the General Council meeting in which notice had been given, or as is specified in the notice. Written comments may also be submitted to the Business Committee by the due date given in the notice. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.2.060.]
2.30.090 Final draft.
The Business Committee will determine how to incorporate public comment into the final draft of the proposed legislation, including, but not limited to, referring the proposal to an advisory committee for a redraft or requesting legal review and assistance to redraft. [Res. 2012-014. Prior code § 1.6.2.070.]
2.30.100 Business Committee vote on final draft.
Legislation shall be adopted by the affirmative vote of a majority of the Business Committee; provided, that the quorum of four is met, as required by the Confederated Tribes of the Chehalis Reservation Bylaws, Art. II, Sec. 4. Upon adopting legislation, the Business Committee will make a determination of the effective date of the legislation. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.2.080.]
2.30.110 Emergency interim legislation.
The Business Committee may, at its discretion, determine that a situation warrants the immediate enactment of emergency interim legislation to protect and preserve the safety, health, welfare, or property of the community. [Res. 2012-014. Prior code § 1.6.3.010.]
2.30.120 Emergency interim legislation initiated.
Emergency interim legislation may be initiated by the Business Committee or be presented to the Business Committee by an advisory committee, a Tribal department, or the OTA. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.3.020.]
2.30.130 Legal review of emergency interim legislation.
A. If practicable, the Business Committee will refer the emergency interim legislation to the OTA for review.
B. If legal review is not practicable under the circumstances, legal review of the emergency interim legislation will occur as soon as is possible after the enactment of the legislation. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.3.030.]
2.30.140 Vote.
Emergency interim legislation becomes effective upon a majority vote of the Business Committee; provided, that the quorum of four is met, as required by the Confederated Tribes of the Chehalis Reservation Bylaws, Art. II, Sec. 4. The enacting resolution shall include a statement of the need for and the purpose of the emergency legislation. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.3.040.]
2.30.150 Expiration of emergency interim legislation.
Emergency interim legislation is effective for no more than 90 days from the date of enactment. [Res. 2012-014. Prior code § 1.6.3.050.]
2.30.160 Incorporation of new law into the Chehalis Tribal Code.
A. The Business Committee shall ensure the official version of the written record of enactment of the new legislation is placed in the archives;
B. The OTA is responsible for ensuring the newly adopted legislation is given to the Court Clerk for publication immediately following the enactment of the new law;
C. The Court Clerk is responsible for maintaining the Tribal Code pursuant to CTC 3.15.020. In accordance with Tribal law, the Court Clerk will effectively implement the following duties:
1. Certify the receipt of newly enacted laws by date stamp;
2. Distribute copies of the new law to the appropriate individuals and/or departments; and
3. Ensure the public is notified of the new laws in a timely manner. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.4.010.]
2.30.170 Notice to public of enactment.
The public shall be informed of the general nature of the law, the effective date of the law, and the location where Tribal members may read or receive copies of the law, either by mail or at the next scheduled General Council meeting. [Res. 2012-014. Prior code § 1.6.4.020.]
2.30.180 Notice and publication of emergency interim legislation.
Copies of the emergency interim legislation shall be made available to the public either by mail or at the next General Council meeting. Emergency interim legislation shall not be codified into the Chehalis Tribal Code unless it has been duly adopted into law through normal legislative procedures. [Res. 2012-014. Prior code § 1.6.4.030.]
2.30.190 Referendum.
The process for referendum is outlined in the Confederated Tribes of the Chehalis Reservation Constitution, Art. VII. The following guidelines shall be followed to ensure the referendum process is properly followed.
Once a referendum and supporting documentation is presented to the Chairman, the referendum shall be submitted to the OTA and may be edited to conform with the numbering and formatting system of the Chehalis Tribal Code.
Within 15 days from the date the petition is received, the Chairman shall call a meeting of the General Council. Notice of such meeting shall be mailed to all eligible voters. Alternatively, the meeting to discuss and vote on the proposed referendum may be scheduled at the next General Council meeting to save time and resources, and to allow for a higher community participation level, if such a request is put in writing at the time the petition is submitted to the Chairman.
The proposed referendum, supporting documents, and if applicable, a letter explaining any edits made by the OTA shall be copied and provided to all eligible voters in attendance at the meeting. [Res. 2016-17; Res. 2012-014. Prior code § 1.6.5.010.]
2.30.200 Effect of rules.
Any violation of the procedures specified in these rules shall, in and of itself, have no legal effect on any amendment or law adopted by the Business Committee. [Res. 2012-014. Prior code § 1.6.5.030.]