TRIBAL COURT CODE OF THE
BAD RIVER BAND OF THE
LAKE SUPERIOR TRIBE OF CHIPPEWA
INDIANS
PREAMBLE
We, the people of the Bad River Band of the Lake Superior Tribe of Chippewa Indians
establish this Tribal Court Code of the Band, (1) to protect the peace and order of all persons
within the territorial boundaries of the Bad River Reservation; (2) to protect the natural
resources and beauty of the Reservation; (3) to protect the cultural traditions, customs, land
base and human resources of the Band; and (4) to preserve the life ways and natural resources
of the Band for future generations so that they may have the benefits that are rightfully theirs to
enjoy and keep; (5) to assure the perpetual existence of the Band; and (6) to exercise the
inherent sovereign powers of the Band.
To accomplish these goals it is necessary that those that violate the code of the Band be
punished as necessary and that disputes arising within the jurisdiction of the Band be resolved
both according to the customs, laws and process of the Band itself.
Further, the Bad River Band of Lake Superior Tribe of Chippewa Indians intend with this
code to set out a structure and procedures for the establishment and maintenance of a
comprehensive judicial system; to deal fairly and equitably with all individuals; to justly
administer all applicable laws, ordinances and regulations.
INDEX
Constitution and By-Laws of the Bad River
Band of the Lake Superior Tribe of Chippewa
Indians of the State of Wisconsin
Treaty of 1854
Treaty of 1842
Treaty of 1837
Corporate Charter
Bad River Tribal Court Code
Preamble
101 General Provisions
102 Definitions
103 Establishment and Duties
104 Judges
105 Civil Procedures
106 Jurisdiction
107 Clerk of Court
108 Prosecutor
109 Court Records
110 Complaint and Answers
111 Service
112 Judgment
113 Initial Appearance
114 Enforcement of Court Orders
115 Subpoenas
116 Criminal Procedures
117 Parties to a Violation
118 Juveniles
119 Reserved
120 Seizures
121 Appeal Procedure
122 Small Claims Procedure
123 Civil Remedial Forfeitures
124 Landlord/Tenant Relations
Family
125 Children’s Code
126 Marriage
127 Dissolution of Marriage
128 Adult Guardianship
129 Visitation Rights for Grandparents and Others
130 Name Changes
131 Foster Home Licensing
134 Curfew
135 Truancy
145 Domestic & Family Violence Code
Rules of Evidence
150 General
151 Relevancy
152 Privileges
153 Witnesses
154 Writings
155 Hearsay
156 Judicial Notice
Conservation Codes
201 Powers of Tribal Wardens
300 Conservation; General Provisions
301 Hunting of Deer
302 Taking of Walleye
303 Harvesting of Wild Rice
304 Trapping Ordinance
305 Tagging
306 Moose
310 Closed Fishing Season
315 Setting of Nets
320 Closed Deer Season
325 Commercial Fishing Regulations
326 Commercial Fishing in the Western
Michigan Waters of Lake Superior
327 Commercial Fishing Vessel
Safety Regulations
327 Sloughs Protection Ordinance
330 Regulation of Members Assisting
Non-Indians on the Reservation with
Fishing, Hunting, Trapping and Ricing
331 Resident Non-Member Indian Permits
340 Sloughs Protection Ordinance
350 Boat Registration
351 Snowmobile Registration
352 All Terrain Vehicle Registration,
Safety Standards and Usage Operation
360 Dog Control Regulations
375 Solid Waste Recycling and Disposal
376 Open Burning, Burning Barrels
Lease and Land Use
403 Tribal Leases
___ Interim Land Use Control
405 Bad River Utilities
450 Leasehold Mortgage Regulations
Gaming
500 Gaming Control Ordinance
Membership
601 Membership
Cigarettes
701 Cigarettes
Exclusion and Removal
800 Exclusion and Removal of Non-Members from the Bad River Reservation
Hiring Ordinance
900 Hiring by Contractors is Restricted
Contract and Procurement
920 Code of Conduct for
Procurements and Contracts
Public Safety
1000 Establishment And Operation of Bad River Tribe Police Commission
1000 Winter Parking Ordinance
Workers Compensation
1100 Workers Compensation
Economic Regulation [For Profit]
1200 Charter of Economic Organizations [Reserved]
Economic Regulation [For non profit]
1300 Charter of Non-profit Economic Organizations
Traffic Safety
1400 Regulation of Traffic and Control of Parking Areas
On the Bad River Reservation
Motor Vehicle Licensing
1500 Motor Vehicle Licensing
Fireworks
1600 Regulation and Use of Fireworks
Repatriation Committee
1700 Establishment of a Repatriation Committee
Miscellaneous Ordinances
Building Code Compliance Ordinance No: RI-1-66
Tribal Housing Ordinance
CHAPTER 101 - GENERAL PROVISIONS
SECTION 101.1 - AUTHORITY
This Tribal Court Code shall become effective when adopted by resolution of the Bad River
Tribal Council pursuant to the inherent authority vested in the Bad River Band of the Lake Superior
Tribe of Chippewa Indians, retained and acknowledged by the Constitution of the Band adopted
pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended and shall apply
to all members, and provided herein to non-members who, through either their residence, presence,
business dealings, other actions or contact with the Band or other significant contracts with the Band
and or its residents, commit criminal offenses in violation of the laws of the Band or incur civil
obligations to persons or entities entitled to the protection of laws of the Band.
SECTION 101.2 - REPEAL OF PRIOR INCONSISTENT ORDINANCES
Any and all ordinances or portions thereof heretofore enacted by the Tribal Council which are
in any way conflict with the provisions of this Civil and Criminal Code are hereby repealed.
SECTION 101.3 - INTERPRETATION OF THIS CODE
This Code shall be interpreted pursuant to the customs and traditions of the Bad River Band of
Lake Superior Tribe of Chippewa Indians. Where any doubt arises as to these customs and traditions,
the Court may request the advice of counselors familiar with these customs and traditions. If none such
exist, then the Court may use appropriate Federal or State law as guidelines.
SECTION 101.4 - SEVERABILITY CLAUSE
Should any section of this Civil and Criminal Code be determined as unconstitutional by any
court of proper jurisdiction, that determination shall not affect any other provisions of this Civil and
Criminal Code.
SECTION 101.5 - FUTURE AMENDMENTS OF THE COURT CODE
This Court Code may be amended by ordinance of the Tribal Council and any amendments
adopted shall be effective and become part of this Code as provided in the amending ordinance, subject
however to review by the Secretary of the Interior as provided in Article VI, Sec. 1(g) of the Bad River
Tribal Constitution.
CHAPTER 102 - DEFINITIONS
SECTION 102.1
As used in this code, the following terms shall have the meanings given to them in this section.
(a) "Bad River Reservation" shall mean all lands and waters regardless of ownership within
the exterior boundaries of the reservation as designated in the Treaty of 1854 between the Chippewa
Indians of Lake Superior and the Mississippi, and the United States, 10 Stat. 1109, and any lands or
water or interests therein which may be held or acquired outside the reservation by or on behalf of the
Band.
(b) "Tribal Council" shall be the duly constituted Tribal Council of the Bad River Band of
the Lake Superior Tribe of Chippewa Indians.
(c) "Members of the Bad River Band" shall mean those persons currently enrolled in the
Tribe.
(d) "Bad River Tribal Court" shall mean the duly constituted court of the Tribe.
(e) "Jury" shall mean six (6) persons drawn from the list of eligible jurors empowered to
decide matters of fact and to give a verdict according to the evidence.
(f) "Juror" shall mean a tribal member at least eighteen (18) years of age who served upon a
jury.
(g) "Clerk of Court" shall mean an officer of the Tribal Court who has charge
of the clerical part of its business.
(h) "Prosecutor" shall be an official or officials appointed by the Tribal Council to
investigate and initiate complaints and prosecute individuals when good reason exists to believe they
have committed infractions of Tribal Codes or ordinances.
(i) "Complaint" shall mean a formal, written allegation against a party.
(j) "Subpoena" shall mean a writ commanding the designated person to appear and testify
and/or produce physical evidence.
(k) "Search Warrant" shall mean an order in writing issued by a tribal judge directing
authorized tribal enforcement personnel to search specific persons and/or property.
(l) "Appellate Court" or "Court of Appeals" shall mean the Court established by Section
103.9, with procedures established by Chapter 121.
(m) "Juvenile" shall mean any individual who has not yet had his or her eighteenth birthday.
(n) "Tribe" shall mean the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(o) "Person" means any natural or legal person, including corporations, governmental units,
and agencies thereof.
(p) "Tribal Holiday" means New Year's Day, day after New Year's Day, Martin Luther King
Day, President's Day, Good Friday from 12:00 noon to 4:30 p.m., Easter Monday, Memorial Day,
Independence Day, Labor Day, Indian Day (last Friday in September), Columbus Day, Veteran's Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve from 12:00 noon until 4:30 p.m.,
Christmas Day, and the day after Christmas Day, provided that when a holiday falls on a Sunday it is
observed on the following Monday and when it falls on a Saturday it is observed on the following
Monday and when it falls on a Saturday it is observed on the preceding Friday.
CHAPTER 103 - ESTABLISHMENT AND DUTIES
SECTION 103.1
The Tribal Council hereby establishes a Tribal Court which shall have jurisdiction as provided
by Section 106 or other applicable tribal law.
SECTION 103.2
Anyone entering the Bad River Reservation consents to the jurisdiction of the Bad River Tribal
Court.
SECTION 103.3
The Court shall consist of one chief judge to be selected by the Tribal Council and such
associate judges as the Council may deem necessary.
SECTION 103.4
All penalties and forfeitures assessed shall be in accordance with the provisions adopted in this
code. In no case, however, shall a fine exceed $5,000.00 or a term of incarceration exceed one year for
each violation.
SECTION 103.5
The Court will convene at such location and at such times as shall be designated by the Court.
SECTION 103.6
The Court shall collect all fines, forfeitures and other monies generated through enforcement of
Tribal Ordinances.
SECTION 103.7
All receipts shall be disposed of as prescribed by Tribal Council.
SECTION 103.8
Court personnel shall be selected under standards established by the Tribal Council.
SECTION 103.9
A Court of Appeals is hereby established, consisting of the judges of other tribal courts who
from time to time consent to sit on a panel of three judges to hear appeals cases.
SECTION 103.10
A Court of Appeals panel, consisting of three judges, shall be selected by the Clerk of the Court
of Appeals upon the proper filing of appeal.
CHAPTER 104 - JUDGES
SECTION 104.1
Any person over the age of 30 who is generally knowledgeable in the laws applicable upon the
Bad River Reservation shall be eligible for appointment as judge.
SECTION 104.2
Any judge of the Bad River Tribal Court may be suspended, dismissed, or removed after
written notice and fair hearing in executive session, by a two thirds vote of the Tribal Council for just
cause. Each judge shall be appointed for a term of six (6) years, unless sooner removed for cause, or
unless elected to the Tribal Council, and shall be eligible for reappointment.
SECTION 104.3
No individual shall serve as judge while serving as a member of the Tribal Council or as a tribal
law enforcement officer. The duties of any judge who is nominated for election to the Tribal Council
shall be transferred to other judges of the court pending the election. If the judge shall be elected to the
Tribal Council, his term of judge shall terminate at 12:01 midnight the day prior to the commencement
of his term on the Tribal Council.
SECTION 104.4
No judge shall be qualified to act in any case wherein he or she has any direct interest. A tribal
judge shall not, unless his service is agreeable with all parties, sit on any case wherein his or her
spouse, mother, father, sister, brother, son, daughter, grandfather, or grandmother, is a party.
SECTION 104.5
In case of a vacancy, the judgeship will be filled by an appointment through a majority vote of
the Bad River Tribal Council.
SECTION 104.6
It shall be the duty of the court to judge all cases brought before it.
CHAPTER 104 AMENDED BY RESOLUTION #2-6-91-167
CHAPTER 105 - CIVIL PROCEDURES
SECTION 105.1
Sessions of the Bad River Tribal Court shall before the chief judge or an associate judge.
SECTION 105.2
All actions for violations of Tribal Ordinances shall be brought in the name of the Bad River
Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 105.3
Any person appearing as a defendant in a civil case or action in the Bad River Tribal Court shall
have the right to be represented by a spokesman or an attorney at his own expense provided that such
spokesman or attorney has made proper application to this court for admission to practice before it.
Such application procedures shall be established by the Tribal Court.
SECTION 105.4
All trials shall be conducted in a manner so as to afford all those who appear before it all rights
guaranteed by the Indian Civil Rights Act of 1968, 25 U.S.C. Secs. 1301, 1302, and 1303, as amended.
SECTION 105.5
The court in its discretion may assess court costs against a defendant found to have violated a
tribal ordinance.
SECTION 105.6
The court in its discretion may apportion and assess court costs, against the parties to a civil
action. In any case in which the court has appointed a guardian ad litem, psychologist or other witness,
or ordered a social services study, the costs therefore may be assessed against the parties.
SECTION 105.7
Except as specified herein, all records and files of the Bad River Tribal Court shall be available
for public inspection during regular office hours of the Clerk of Court.
SECTION 105.8
All juvenile files shall be closed. The may in its discretion and in the interest of privacy, deem
other court files as closed files. All closed files shall be unavailable for public inspection without a
court order.
SECTION 105.9
Individuals securing documents from tribal court files or transcripts of tribal court proceedings,
if available, shall, unless otherwise ordered by the court, pay the actual cost of reproduction or
preparation of such material.
SECTION 105.10 - TIME
(a) In computing any period of time prescribed or allowed by tribal law or by an order of
the Tribal Court, the day of the act, event, or default from which the designated period of time begins
to run shall not be included. The last day of the period so computed shall be included, unless it is a
Saturday, a Sunday, or a tribal holiday. When the period of time to be computed is less than 11 days,
Saturdays, Sundays, and tribal holidays shall be excluded in the computation.
(b) Whenever a party has the right or is required to do some act or take some proceedings
within a prescribed period after service of a notice or other paper upon the party, and the notice or
paper is served by mail, three (3) days shall be added to the prescribed period.
(c) When an act is required to be done at or within a specified time, the court may order the
period enlarged upon motion for cause shown and upon just terms. If the action is made after the
expiration of the specified time, it shall not be granted unless the court finds that the failure to act was
the result of excusable neglect.
SECTION 105.11 - JUDICIAL RULES
The Tribal Court may adopt such procedural rules for the operation of Tribal Court and the
regulation of the Bad as it deems proper.
CHAPTER 106 - JURISDICTION
SECTION 106.1
(a) The Bad River Tribal Court shall have jurisdiction over all matters in the following
categories:
(1) All actions arising between persons situated on the Bad River Reservation in
relation to property or events upon the reservation.
(2) All actions arising out of events or occurrences on the Bad River Reservation,
regardless of whether the individuals who are parties thereto reside on or off the reservation or are
members or non-members of the Tribe.
(3) All alleged violations of ordinances duly in effect upon the Bad River
Reservation whether the alleged violator is a member or non-member of the Bad River Band or resides
on or off the Bad River Reservation.
(4) All alleged violations of ordinances duly in effect pertaining to hunting, fishing,
trapping or gathering by members in the territory described in Article I, Section 2 of the Bad River
Constitution.
(5) Any other case otherwise provided by tribal ordinance.
(b) If any court of competent jurisdiction determines that the Tribal Court cannot lawfully
assert jurisdiction over any class of individuals or claims as described in para. (a), above, the assertion
of jurisdiction over all remaining classes of individuals or claims shall not be effected thereto.
CHAPTER 107 - CLERK OF COURT
SECTION 107.1
The Bad River Tribal Council shall appoint a Clerk of Court for the Tribal Court. The Clerk
shall render assistance to the court, to the enforcement personnel, and to all persons having business
with the court. It shall further be the duty of the Clerk to attend and keep a written record of all
proceedings of the court, to administer oaths to witnesses, to receive the transcript of cases and other
papers on appeal and make a permanent record properly filed, to collect all penalties, forfeitures and
other receipts and to pay out fees authorized by court and Tribal ordinances. The Clerk shall make
periodic accountings to the Tribal Council and to the Tribal Court of all funds received and disbursed.
Such accounting shall be made at least quarterly, and upon request by either the Tribal Council or the
Tribal Court.
SECTION 107.2
The salary and term of office of the Clerk of Court shall be determined by the
Tribal Council.
SECTION 107.3
The Clerk of Court shall also serve as the Clerk of the Court of Appeals.
CHAPTER 108 - PROSECUTOR
SECTION 108.1
One or more persons shall be appointed by the Tribal Council to serve as prosecutor or
prosecutors for such term and for such compensation as shall be specified. Unless otherwise specified
the Tribal Attorney shall be deemed appointed prosecutor.
SECTION 108.2
Prosecutors shall receive complaints from members and non-members and shall have the power
to file complaints on his or her own authority. It shall be the responsibility of the prosecutor to present
cases on behalf of the Tribe to the Tribal Court, but a prosecutor shall present only those cases in which
he or she finds, upon investigation, that there is reasonable justification for the complaint.
CHAPTER 109 - COURT RECORDS
SECTION 109.1
The Tribal Court shall keep a record of proceedings of the court, which record shall reflect the
title of the case, the names of the parties, the name of the judge assigned, the substance of the
complaint, the date, the nature and appearances at all proceedings, the findings, conclusions, and
judgment of the court, together with any other facts or circumstances deemed pertinent to the case.
CHAPTER 110 - COMPLAINTS AND ANSWERS
SECTION 110.1
(a) No complaint filed in the Tribal Court shall be valid unless it shall bear the signature of
the plaintiff, plaintiff's counsel, or complainant. Upon the filing of the complaint, the Clerk shall issue
a summons to which shall be attached a copy of the complaint directing the defendant to appear before
the court to answer the complaint at the time and place specified. Any summons in a civil case, other
than an action filed by the Tribe for violation of an ordinance, and seeking either damages or injunctive
relief, or both, shall require that a written answer be served on the complainant and the court within not
more than thirty (30) days from the date of service of the summons and copy of complaint.
(b) At the time and place, and in the manner properly specified by the summons, the
defendant shall answer the complaint. Such answer, in the case of an action filed by the Tribe for the
violation of an ordinance shall admit or deny the charge, or the defendant shall stand mute or plead no
contest. In all other cases the answer shall admit or deny each of the allegations of the complaint, and
shall assert any grounds for dismissal, any permitted affirmative defense, any counter claims, and any
third-party claims.
(c) Any case charging a defendant with violation of a tribal conservation ordinance may be
commenced by filing of a citation containing the time, date, and place of the alleged violation, the
name (if known) of the alleged violator, the date of birth and address (if known) of the alleged violator,
the section alleged to have been violated, a brief summary statement of the facts constituting the
violation, a notification to the alleged violator of the date he or she is required to appear in Tribal
Court, and the sworn signature and date of issuing officer.
(d) Any other type of case may be commenced as otherwise provided for by ordinance.
(CHAPTER 110 AMENDED BY RESOLUTION #2-6-91-167)
CHAPTER 111 - SERVICE
SECTION 111.1
A summons and complaint shall, whenever possible, be served on a defendant by personal
service. Personal service shall consist of delivery of the summons and complaint to the defendant in
person or to any person of apparent normal understanding residing within the residence of the
defendant. Any person over eighteen (18) years of age, not a party to the action, may make personal
service. In the case of personal service, an affidavit of service shall be returned to the Clerk and filed
in the docket and shall constitute proof of personal service.
SECTION 111.2
When the summons and complaint cannot by reasonable diligence be personally served on the
defendant in the manner specified in Article XI, Section 1, service may be made either by mail or
publication. In the case of service by mail, true copies of the summons and complaint shall be sent by
registered or certified mail to the defendant's last known address. A return receipt for mail delivery
signed by the defendant shall be returned to the Clerk and filed in the docket and shall constitute proof
of service by mail.
SECTION 111.3
In the event the defendant cannot be served with summons and complaint either personally or
by mail in accordance with sections 111.1 or 111.2, service may be made by publication. Service by
publication shall mean publication of the summons once in each of two consecutive weeks in a
newspaper of general circulation whose readership is primarily located in the vicinity of the Bad River
Reservation. The published summons shall state the address at which the complaint may be obtained.
Proof of publication of the summons shall be returned to the Clerk and filed in the docket and shall
constitute proof of service by publication.
SECTION 111.4
Service of all papers filed in action subsequent to the summons and complaint may be in person
or by first class mail. The filing of a paper with the court is the filer's certificate that a copy thereof has
been properly served on the other parties.
SECTION 111.5
The court may provide notice to any party appearing in open court of any subsequent
proceeding by orally so informing the party in which case the minutes shall reflect such notice or by
causing written notice to be hard served upon the party in open court.
CHAPTER 111 AMENDED BY RESOLUTION #2-6-91-167
CHAPTER 112 - JUDGMENT
SECTION 112.1
All judgments shall be ordered in writing. All judgments shall be accompanied by findings of
fact and conclusions of law which shall be made in writing or on the record in open court.
SECTION 112.2
Upon failure of a defendant to appear at the time stated in the summons, the plaintiff may
proceed to offer evidence including proof that the defendant was served with summons and the court
may render a judgment granting such relief as the evidence warrants, provided that the defaulting party
may apply in writing to reopen the case within twenty (20) days of a default judgment upon showing
good cause for his failure to answer the summons. Upon failure of the plaintiff without just cause to
appear at the time set by the summons for hearing, the court may dismiss the action with or without
prejudice.
SECTION 112.3
In addition to, or in lieu of, a penalty or forfeiture provided for violation of a tribal ordinance,
the Court may order any defendant found to have violated a tribal ordinance to perform community
service a specified nature and duration. The number of hours of community service ordered by the
court may not exceed the maximum penalty or forfeiture provided for the violation divided by the
current federal minimum wage.
CHAPTER 113 - INITIAL APPEARANCE
SECTION 113.1
This Chapter applies to initial appearance in civil actions brought by the Tribe of violations of
ordinances.
SECTION 113.2
At the initial appearance the judge shall read to the defendant the charge against him or her and
inform him or her of the maximum forfeiture and other penalties that can be imposed.
SECTION 113.3
The judge shall inform the defendant of the following rights:
(a) To be represented by counsel at his or her own expense.
(b) To admit or deny the charges to stand mute, or plead to no contest.
(c) That he or she has the right to a trial before the court.
(d) To subpoena witnesses.
SECTION 113.4
(a) If the defendant appears unrepresented by counsel and states his or her intent to retain
counsel, the court shall adjourn the initial appearance in order to enable defendant to retain counsel.
No defendant shall be entitled to more than one adjournment.
(b) If the defendant admits the charge, the court shall find him or her guilty. Penalty may be
imposed immediately or at a later time set by the court.
(c) If the defendant pleads no contest to the court shall find him or her guilty. Penalty may
be imposed immediately or at a later time set by the court.
(d) If the defendant denies the charge a trial date shall be set.
(e) If the defendant stands mute, the court shall enter a denial and set a date for trial.
CHAPTER 113 AMENDED BY RESOLUTION #2-6-91-67
CHAPTER 114 - ENFORCEMENT OF COURT ORDERS
SECTION 114.1
Any party or the court of its own motion may seek enforcement of any order by any lawful
process or through any competent court of any jurisdiction.
SECTION 114.2
(a) For failure of any defendant to pay a forfeiture or any ordered costs in any hunting or
fishing, trapping, or gathering action, the court may order suspensions of any of the defendant's
hunting, fishing, trapping or gathering rights until such forfeiture or costs are paid.
(b) Such suspension shall be effected by the Clerk of Court, without further order of the
court, if the defendant was advised in open court of the date upon which final payment was due and
that the specific suspension ordered would follow nonpayment.
(c) If the defendant was not so advised in open court, the court shall schedule and notice a
hearing at which defendant shall be ordered to show cause why suspension should not be ordered.
After such hearing, or upon defendant's failure to appear at such hearing, the court may order the
suspension.
(d) All forfeitures not paid. When due shall accrue interest at the rate of 1« percent per
month on the unpaid balance, the first month's interest to be due on the day following the initial due
date, and each subsequent month's interest accruing on the same day of each month thereafter.
SECTION 114.3 - CONTEMPT OF COURT
(a) The Tribal Court may impose a sanction for contempt of court.
(b) "Contempt of Court" means intentional:
(1) Misconduct in the presence of the court which interferes with a court proceeding
or with the administration of justice, or which impairs the respect due the court;
(2) Disobedience, resistance or obstruction of the authority, process or order of a
court;
(3) Refusal as a witness to appear, be sworn or answer a question.
(c) Procedure
(1) A party aggrieved by a contempt of court may move for, or the court on its own
motion may impose a contempt sanction. The court, after notice and hearing may impose sanction.
(2) The judge presiding in an action may impose a sanction upon a person who
commits a contempt of court in the open court. The judge shall impose the sanction immediately after
the contempt of court and only for the purpose of preserving order in the court and protecting the
authority and dignity of the court.
(3) A court may impose one or more of the following sanctions.
(a) Payment of a sum of money sufficient to compensate a party for a loss or
injury suffered by the party as a result of the contempt of court.
(b) A forfeiture not to exceed $1,000 for each day the contempt of court
continues.
(c) An ordered designed to ensure compliance with a prior order of the court.
(d) If the contempt arises in an action involving the exercise of
off-reservation hunting, fishing, trapping, or gathering rights, a suspension of any such right.
(e) A sanction other than those specified in par. (a) through (e) if the court
expressly finds that those sanctions would ineffectual to terminate a continuing contempt of court.
SECTION 114.4 - WAGE WITHHOLDING
(a) For any monetary obligation incurred by virtue of any order of the court the court may
order the obligator's employer, or any person owing the any money, to withhold from the amount
owing to the obligator an amount certain, or a percentage of the amount owed to the obligator, and to
submit it to the Clerk of Court who shall disburse it to the person to whom due under the court order.
(b) Any person ordered to make a withholding under this section may subtract and retain
from other funds due the obligator other sum of $3.00 for each withholding made.
(c) Exempt from wage withholding shall be, for each one week period, 30 times the current
minimum wage plus $20.00 for each dependent.
CHAPTER 115 - SUBPOENAS
SECTION 115.1
The judges of the Tribal Court shall have the power to issue subpoenas for the
attendance of witnesses and/or production of documents or physical evidence on the request of any
party to an action or on the court's own initiative, which subpoena shall bear the signature of the judge
issuing it. Service of subpoenas shall be by any person not a party at least 18 years of age.
SECTION 115.2
Service of subpoena shall be made by delivering a copy of it to the person named or by leaving
a copy at his place of residence with any competent person sixteen (16) years of age or older who also
resides there.
SECTION 115.3
Proof of service of the subpoena shall be filed with the clerk of court by noting on the back of a
copy of the subpoena the date, time and place that it was served and noting the name of the person to
whom it was delivered. Proof of service shall be signed by the person who actually served the
subpoena.
SECTION 115.4
In the absence of justification satisfactory to the court, a person who fails to obey a subpoena
may be deemed to be in contempt of court.
CHAPTER 116 - CRIMINAL PROCEDURE
SUBCHAPTER A - SEARCH WARRANTS
SECTION 116.1
Every tribal judge shall have the power to issue warrants for the search and seizure of property
and premises of any person under the jurisdiction of the court.
SECTION 116.2
No warrant for search and seizure shall be valid unless it contains the name or description of the
person or property to be searched and describes the articles or property to be seized and bears the
signature of a duly qualified judge of the Bad River Tribal Court.
SECTION 116.3
No warrant of search and seizure shall be issued except upon probable cause that a search will
discover: stolen, embezzled, contraband, or otherwise criminally possessed property which constitutes
evidence of the commission of a criminal offense. Such probable cause shall be supported by a written
and sworn statement based upon reliable information.
SECTION 116.4
Warrants of search and seizure shall be executed by authorized tribal enforcement personnel.
The warrant shall be returned within the time limit shown on the face of the warrant, which in no case
shall be longer than three (3) days from the date of issuance. Warrants not returned within such time
limit shall be void.
SECTION 116.5
No enforcement official conduct any search without a valid warrant unless
(a) Incident to making a lawful arrest; or
(b) With the knowing, voluntary consent of the person being searched; or
(c) When he has probable cause to believe that the person searched may be armed and
dangerous, and then only to the extent necessary to detect the presence of a weapon;
(d) When the search is of a motor vehicle capable of being driven away before a warrant
can be obtained, and the officer has probable cause to believe that it contains contraband, stolen or
embezzled property.
SECTION 116.6
Anyone interfering with the execution of a search warrant may be found in contempt of court.
SUBCHAPTER B - ARREST
SECTION 116.7
No tribal enforcement officer shall arrest any person for any offense set out in the Tribal
ordinances except when:
(a) The officer shall have a warrant signed by a tribal judge commanding the arrest of such
person; or
(b) The criminal offense shall occur in the presence of the arresting officer; or
(c) The officer shall have probable cause to believe that the person to be arrested has
committed a criminal offense.
SUBCHAPTER C - ARREST WARRANTS
SECTION 116.8
Every judge of the Bad River Tribal Court shall have the authority to issue warrants to arrest
and such warrants shall be issued, the at the discretion of the court, only after a written complaint shall
have been filed.
SECTION 116.9
The arrest warrant shall contain the following information:
(a) Name or description and address, if known, of the person to be arrested.
(b) Date of issuance of the warrant.
(c) Description of the offense charged.
(d) Signature of the issuing judge.
SECTION 116.10
Law enforcement officials shall be empowered to seek the cooperation of other agencies outside
the reservation to secure the arrest of individuals under tribal arrest warrant.
SUBCHAPTER D - ARRAIGNMENT
SECTION 116.11
Arraignment shall be held in open court without unnecessary delay after the accused is taken
into custody and in no instance shall arraignment be later than the next regularly scheduled session of
court.
SECTION 116.12
Before an accused is required to plead to any criminal charge, the judge shall:
(a) Read to the accused and determine that he understands the complaint and the tribal
ordinance which he is charged with violating, including the maximum authorized penalty; and
(b) Advise the accused that he has the right to remain silent, to be tried by a jury; and to be
represented by counsel at his own expense and that arraignment will be postponed should he desire to
consult with counsel.
SECTION 116.13
If the accused pleads "not guilty" to the charge, a trial date shall then be set and the judge shall
then set the conditions for bail prior to trial.
SECTION 116.14
If the accused pleads "guilty" to the charge, the judge shall determine that the plea is made
voluntarily and that the accused understands the consequences of the plea. The judge may then impose
sentence or defer sentencing for a reasonable time in order to obtain any information he or she deems
necessary for the imposition of a just sentence. The accused shall be afforded the opportunity to
present any information he deems useful in determining the setting of bail. The court shall then upon
consideration of such information and all other facts set bail at an appropriate amount.
SECTION 116.15
If the accused refuses to plead, the judge shall enter a plea of not guilty on his or her behalf.
SECTION 116.16
For purposes of alleged violations by corporate entities, any officer of the corporation may
appear on behalf of said corporation. Any arrest warrants on behalf of the corporations are executable
against any officer or executive official of said corporation.
SUBCHAPTER E - BAIL
SECTION 116.17
A schedule of bail monies shall be established by the Tribal Court and made available to an
individual charged with a criminal offense. The Clerk of Court or an enforcement official is authorized
to accept bail in such specified amounts and to post this bail. Such bail shall only be accepted from
individuals who also produce a signed agreement to appear bearing either his or her signature or mark.
SECTION 116.18
The aforementioned bail schedule shall be utilized by the Clerk of Court and/or law
enforcement officials. The Tribal Court itself may set bail in whatever amount it deems appropriate.
SECTION 116.19
Should the Tribal Court feel any of the following will reasonably assure the appearance of the
individual at any time lawfully required, the court may impose one or more of the following conditions
for release form custody pending trial:
(a) Release on personal recognizance upon execution by the accused of a written promise to
appear at trial and all other lawfully required times.
(b) Release to the custody of a designated person or organization agreeing to assure the
accused's appearance.
(c) Release with reasonable restrictions on travel, association, or place of residence of the
accused during the period of release.
(d) Release after deposition by the accused or a bondsman of bond in either cash or other
sufficient collateral in an amount specified by the judge or a bail schedule.
SUBCHAPTER F - NOTIFICATION OF RIGHTS AT TIME OF ARREST
SECTION 116.20
Upon arrest, the suspect shall be advised of the following rights:
(a) The right to remain silent.
(b) That any statements made by the suspect may be used against him or her in court.
(c) The right obtain counsel at his or her own expense.
CHAPTER 117 - PARTIES TO A VIOLATION
SECTION 117.1
Any person who is concerned in the commission of a violation of a tribal ordinance is a
principal and may be adjudged to have committed the violation although such person did not directly
commit it and although the person who did directly do so has not been subject to an act or in Tribal
Court. A person is concerned in the commission of a violation if such person:
(a) Directly violates; or
(b) Aids and abets the violation; or
(c) Is party to a conspiracy with one or more others to violate or advises, hires, counsels, or
otherwise procures another to commit the violation.
CHAPTER 118 - JUVENILES
SECTION 118.1
The class juveniles shall include all individuals who have not achieved their respective
eighteenth (18) birthday.
SECTION 118.2
Court processing of, and proceedings concerning juveniles shall be as provided in Chapter 125,
Bad River Ordinance.
CHAPTER 119 - RESERVED
CHAPTER 120 - SEIZURES
SECTION 120.1
In any case where tribal ordinance authorizes the seizure of any perishable resource or product,
the Conservation Department may hold such resource product until the Tribal Court has ruled on its
ultimate disposition, or may sell such resource or product if
(a) it is not needed as evidence, and
(b) it will spoil or lose substantial part of its value if retained until ultimate disposition.
SECTION 120.2
If the Conservation Department chooses to sell the resource or product it may do so by auction
or privately to a tribal program, and shall retain the proceeds of such sale until ultimate disposition of
the case, at which time the proceeds shall be disposed of as the court orders.
SECTION 120.3
Under no circumstance where the conservation department had reasonable cause to believe that
violation of a tribal ordinance providing for seizure and forfeiture of a resource or product had been
committed shall the department be liable for any difference between the proceeds actually received by
the conservation department and any amount claimed as the fair market value of the resource or
product.
CHAPTER 121 - APPEAL PROCEDURE
SECTION 121.1- PURPOSE
The purpose of this chapter is to establish the procedures by which appeals are taken from the
decisions of the Tribal Court.
Comment
This chapter does not establish the structure of the Tribe's Court of Appeals. The appellate court is established and
structured by other tribal law. See. Sec. 121.4(b), below.
Comments such as this one follow many sections of this chapter. They are not part of the chapter but are furnished
as guides to understanding the chapter. The Tribal Court and the Court of Appeals may use these comments to the extent
they deem appropriate.
SECTION 121.2 - AUTHORITY
This chapter is adopted pursuant to Art. VI, Sec. 1(q), of the Constitution of the Tribe.
SECTION - 121.3 - REPEAL OF INCONSISTENT ORDINANCES
All ordinances or parts thereof which are inconsistent with this chapter are hereby repealed.
SECTION 121.4 - DEFINITIONS
(a) "Appellant" means the party filing an appeal.
(b) "Court of Appeals" means the Tribe's appellate court as established by Chapter 119, Bad
River Ordinances.
(c) "Respondent" means the party responding to another party's appeal.
(d) "Tribal Council" means the tribal council of the Tribe.
(e) "Tribal Court" means the trial level court of the Tribe.
(f) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 121.5 - EXCLUSIVE JURISDICTION
(a) The Court of Appeals shall have exclusive jurisdiction to review all decisions of the
Tribal Court as provided herein. The decision of the Court of Appeals shall be final as to all such
review.
(b) The jurisdiction of the Court of Appeals shall include the authority to determine the
constitutionality of acts of the Tribal Council.
Comment
Subsection (a) safeguards the authority of the Court of Appeals to perform its review function without interference
from other governmental agencies either before or after it has acted.
Subsection (b) establishes the authority of the Court of Appeals to review the constitutionality of T ribal Council
acts of whatever nature. Because tribal constitutions do not typically provide for a separation of powers between the
judiciary and the other functions of the government, some question may be raised as to the implicit authority of the courts to
review the acts of tribal government. Whatever the correct answer is to that question, this subsection delegates whatever
authority is necessary to perform such review.
SECTION 121.6 - ONE FORM OF REVIEW
There shall be one form of review in the Court of Appeals, to be designated an appeal.
Comment
This ordinance provides the only method of obtaining review in the Court of Appeals. This section eliminates any
argument that any Anglo-American common law writs may be pursued for extraordinary relief
SECTION 121.7 - WHO MAY APPEAL
Any party aggrieved by a decision of the Tribal Court may initiate an appeal.
Comment
Only a party in the case below, who is in some way harmed by the decision below, may appeal.
SECTION 121.8 - WHAT MAY BE APPEALED
Any final judgment or order of the Tribal Court may be appealed to the Court of Appeals. A
final judgment or order is one which disposes of all issues in litigation between at least two parties to a
case.
Comment
All final judgments and orders may be appealed. Nothing but a final judgment or order may be appealed. If an
order in a case leaves other matters to be decided, and does not completely settle all disputed issues between the parties, so
that the Tribal Court still has work to do, then the order is not final and an appeal cannot be filed. In cases involving
multiple parties, an order or judgment may dispose of all issues between two or more of the parties, and would therefore be
appealable. In cases involving multiple issues, an order disposing of one or more issues may leave others as yet unresolved
and would therefore not be appealable.
SECTION 121.9 - WHEN AN APPEAL MAY BE TAKEN.
(a) Notice of appeal must be filed with the Clerk of the Tribal Court, and served on all other
parties, no later than 30 days after the entry of the judgment or order from which the appeal is taken. If
one party has timely and properly filed a notice of appeal, any other party may file a notice of appeal
within 15 days of service of the initial party's notice of appeal.
(b) A judgment or order is entered when it is filed with the Clerk of Court.
(c) Failure to file a notice of appeal as provided in this section deprives the Court of
Appeals of subject matter jurisdiction in the appeal.
Comment
The appeal is started by filing the notice of appeal, a simple form for which a model is provided as Official Form
no. 1. A party other than the initial appellant may decide to appeal in light of the initial appellant's appeal and is therefor
allowed additional time to do so after service of the first notice of appeal. The interest of parties in the security of
judgments entered by the court requires that an appeal must be filed within the time prescribed or be forever waived.
Calculation of time is prescribed by Sec. 121.17.
Proper methods of service are prescribed by Sec. 121.18.
SECTION 121.10 - HOW AN APPEAL MAY BE TAKEN
(a) A notice of appeal shall be filed by any party seeking review of a final judgment or
order of the Tribal Court. The notice of appeal shall be filed and served, together with the request for
transcript required by section 121.10(c), within the time prescribed by sec. 121.9 of this ordinance.
The notice of appeal shall bear the caption and case number of the case in the Tribal Court and shall be
labeled "Notice of Appeal." The notice of appeal shall identify by date, judge, and case number the
judgment or order appealed, and shall state the substance of the judgment or order and whether the
appellant appeals from the entirety of the judgment or order or from only part thereof. and if the latter,
shall specify the part thereof. The notice of appeal shall also include a brief statement of the grounds
for appeal and shall specify the precise relief sought. No appeal shall be dismissed for any formal
defects in the notice of appeal as long as the matter appealed is clearly identified and filing and service
are timely and properly made. If a notice of appeal does not contain every item required by this
subsection , the Court of Appeals may make such orders as the interests of justice require.
Comment
The essence of the notice of appeal is to give fair notice to the other parties that what would otherwise be a final
disposition of a case will not be final, and to allow the other parties to begin preparation for responding to the appeal or for
filing a cross-appeal. The notice of appeal provided for in this section also requires a statement of the grounds for appeal
and the relief sought, in the event an appellant appearing pro Se elects not to file a brief. Any party including in the notice
of appeal the items listed in this subsection will be deemed to have clearly identified the matter appealed. A notice of
appeal that fails to include all of the items listed in this subsection, may cause the Court to expand the time for response,
dismiss the appeal, or make other appropriate ord ers.
(b) Unless waived, the filing fee prescribed by Sec. 121.19 shall be paid to the Clerk of the
Tribal Court at the same time the notice of appeal is filed. The Clerk of Court shall not accept for
filing a notice of appeal that is not accompanied by the filing fee or an order waiving fees. No filing
fee shall be required in an appeal filed by the Tribe.
(c) A request for transcript shall be filed with the Clerk of the Tribal Court at the same time
the notice of appeal is filed. The request for transcript shall specify those proceedings, or parts thereof,
to which any reference will be made in the appeal proceedings and for which the official transcript will
be required by the Court of Appeals for its review. Any other party may request transcription of
additional proceedings or parts thereof by filing a request no later than 15 days after service of the
appellant's notice of appeal and request for transcript. No fee shall be required for any transcript
requested by the Tribe.
(d) The filing of an appeal does not constitute an automatic stay of the tribal court's
judgment or order. A motion seeking a stay may be addressed to the tribal court before or after the
filing of the notice of appeal.
SECTION 121.11 - CLERICAL FUNCTIONS UPON FILING OF APPEAL
(a) Upon receipt of the notice of appeal, filing fee, and request for transcript, the Clerk of
the Tribal Court shall forward to the Clerk of the Court of Appeals the notice of appeal and filing fee
and shall prepare the record on appeal. The record on appeal shall consist of all papers filed by the
parties or the court, and the transcript requested by appellant or any other party, unless limited by
stipulation of the parties.
Comment
The Court of Appeals will receive the entire Tribal Court written record, and a transcript of the trial or hearings
that pertain to the appeal, unless the parties agree that the Court need not have the entire record.
Any party requesting a transcript may be charged the per page rate provided at Sec. 121.19.
(b) Upon receipt of the notice of appeal and the filing fee, the Clerk of the Court of Appeals
shall docket the appeal and shall notify the judges of the Court of Appeals of the pending appeal.
(c) The Clerk of the Tribal Court shall file the completed record on appeal with the Clerk of
the Court of Appeals, and shall serve notice thereof, together with a copy of any transcript included in
the record, on each of the parties.
SECTION 121.12 - BRIEFING AND ORAL ARGUMENT
(a) If the appellant intends to submit a brief, he or she shall file and serve a brief within 45
days of the filing of the record on appeal.
(b) If the respondent intends to submit a brief, he or she shall file and serve a response brief
within 30 days of service of appellant's brief, or within 75 days of the filing of the record on appeal,
whichever occurs first.
(c) The appellant may file and serve a reply brief within 15 days of service of respondent's
brief.
(d) Briefs shall contain an argument and conclusion specifying the precise relief sought.
The initial brief filed shall also include a statement of the case and statement of the issues presented on
appeal and how the Tribal Court decided them.
(e) Briefs shall be typewritten, double-spaced, on white 8 « by 11 inch paper, and shall not
exceed 50 pages in length, except that reply briefs shall not exceed 15 pages in length, exclusive of any
table of contents and table of authorities included. The original and three copies of each brief shall be
filed with the Clerk of the Court of Appeals.
(f) Oral argument may be permitted in the discretion of the Court. Whether argument is
allowed, and if so the length of argument allowed, shall be set by the panel of the Court of Appeals
hearing the appeal.
Comment
The abo ve rules are considered the minimum necessary for allowing the Court of Appeals to conduct its business in
an efficient and just fashion. Briefing rules are purposely looser than in other jurisdictions to allow non-lawyers to represent
themselves, or if otherwise permitted by the rules of the Tribal Court (see sec. 121.20), to represent others. Briefs are made
optional, in recognition that some parties appearing pro Se may not wish to file briefs but may rather wish to present their
cases solely in oral argument. The notice of appeal (see Sec. 121.10(a)) accordingly requires a short statement of the
grounds for appeal and of the relief sought. A party may or may not be disadvantaged by failure to file a brief.
SECTION 121.13 - DECISIONS
(a) All decisions of the Court of Appeals shall be in writing, shall specify the relief granted,
if any, and the Court's rationale therefore. The Clerk of Court of Appeals shall, within two days of
their filing, furnish copies of the decision and any order of the Court of Appeals to the Tribal Court, the
parties, and, for publication and distribution, to the Indian Law Reporter and the Great Lakes Indian
Fish and Wildlife Commission.
(b) All decisions and dissents shall be written by the most senior judge voting with the
majority or dissent, unless assigned by that judge to another judge. Any judge dissenting or concurring
shall file a written opinion, or join in a written opinion filed by another judge. The most senior judge is
the judge having the longest term of continuous service as a judge at the time.
(c) A petition for reconsideration may be filed by an aggrieved party within 15 days of the
filing of any decision or order of the Court of Appeals. The petition for reconsideration shall state the
specific change in the decision sought, and all reasons, and the authority therefor, for the change. Any
non-petitioning party shall have 15 days from the date of service of the petition to respond. Oral
argument on a petition for reconsideration is discretionary with the Court.
(d) The Tribal Court shall in all respects be bound by the decisions and orders of the Court
of Appeals.
(e) The Indian Law Reporter is designated the official reporter of the decisions of the Court
of Appeals.
SECTION 121.14 - STANDARD OF REVIEW
The Court of Appeals shall apply the following standards of review.
(a) A finding of fact by a judge shall be sustained unless it is clearly erroneous.
(b) A finding of fact by a jury shall be sustained if there is any credible evidence to support
it.
(c) A factual inference drawn by a judge or jury shall be reviewed as a finding of fact as
long as more than one reasonable inference can be drawn from the facts.
(d) A finding, explicit or implicit, of witness credibility shall be reviewed as a finding of
fact.
(e) Conclusions of law are review DE novo by the Court of Appeals.
(f) A stipulated, uncontested, or documentary fact is reviewed as conclusion of law.
(g) The meaning of an unambiguous contract is reviewed as a conclusion of law.
(h) A mixed issue of fact and law is reviewed according to the appropriate standard for each
part.
(i) Whether a finding of fact or a conclusion of law has been properly labeled as such by
the Tribal Court is reviewed as a conclusion of law.
(j) A discretionary determination shall be sustained if the record reflects that the Tribal
Court exercised discretion and applied the appropriate legal standard to the admissible facts of record.
(k) Sentencing and the imposition of fines, forfeitures and other penalties or remedial
measures, not including the assessment of damages, shall be reviewed as a discretionary determination.
(l) The Court of Appeals shall not substitute its judgment for that of the Tribal Court on a
matter committed to the discretion of the Tribal Court.
Comment
The standard of review defines the relationship between the trial court and the appeals court. The standard of
review seeks to allocate to each co urt that part of the judicial work which it can best do. The trial court is in the best
position to weigh the evidence and assess witness credibility and is therefore sustained on such matters unless its findings
are clearly erroneous. The trial court is in no better position to interpret the law than the appeals court; in fact, the appeals
court has the luxury of being able to analyze the law away from the heat of trial and can better perform this task itself. The
appeals court can therefore look at questions of law afresh and need not defer at all to the trial court. Discretionary
questions by their nature, can result in different decisions when put to different decision makers. The function of the
appeals court in reviewing a discretionary decision is not to itself decide the result it would choose, but to determine
whether the trial court in fact exercised discretion and made a decision based on the applicable facts and law. The exercise
of discretion is more than bald decision making and it is the task of the appeals court to see that the appropriate process was
followed.
Specific instances of common standard of review problems are listed in this section; for instance the definition of
sentencing as a discretionary determination. These instances are not exclusive. The Tribal Council may provide by
ordinance and the courts by decision the classification of other matters as factual, legal, or discretionary.
SECTION 121.15 - OBLIGATIONS OF THE TRIBAL COURT
(a) In all matters tried to a judge without a jury, the judge shall make separate findings of
fact and conclusions of law. It is sufficient if the findings and conclusions are made orally on the
record in open court, or if they are contained in a written opinion.
(b) In all civil matters tried to a jury, the jury shall return a special verdict on each issue of
fact placed before it.
(c) If the Tribal Court fails to make findings of fact, the Court of Appeals may affirm the
judgment if the record supports it, reverse if the record does not support it, or remand for findings and
conclusions.
Comment
In order for the appeals court to properly perform its review function, it must have an adequate basis for
understanding the trial court's decision.
SECTION 121.16 - PRESERVATION OF ISSUES FOR APPEAL
(a) Absent a compelling reason, issues not raised before the Tribal Court will not be heard
before the Court of Appeals.
(b) An issue raised but not argued orally or by brief is deemed abandoned.
(c) A moot issue will not be reviewed unless it is capable of repetition yet due to its nature
is likely to evade appellate review.
(d) No facts not in the trial record may be presented in any manner to the Court of Appeals.
Comment
Subsections (a) and (d) preserve the basic function of the appeals court as a court of review, not a court of initial
determination. The trial court should have the first opportunity to consider all issues in litigation and to see as only it can do
that the record is fully developed.
Subsection (b) protects the court and parties from expending energy on issues that an appellant has no intention of
pursuing.
Subsection (c) states the principle that a court will not decide issues over which there is no current controversy.
The controversy that existed during trial may be dispelled by the time of appeal. The exception to this rule is the type of
case that may occur again but is likely never to survive long enough to receive appellate review. For instance, an individual
may wish to challenge a court's suspension of his hunting and fishing rights for a period of three months, but by the
completion of the ap pellate briefing schedule the suspension would be ended and the case moot. Since the issue could
recur, but would always become moot before it was ready for decision, the mootness doctrine would be set aside.
SECTION 121.17 - TIME
(a) In computing any period of time prescribed or allowed by this ordinance or by order of
the Court of Appeals, the day of the act, event, or default from which the period of time begins to run is
not included. The last day of the period is computed unless it is a Saturday, Sunday, legal holiday, or
day upon which the office of the Clerk of Tribal court is not open for business. When the period of
time is less than 11 days, Saturdays, Sundays, legal holidays, or days upon which the office of the
Clerk of Tribal Court is not open for business shall not be included in the period.
(b) Whenever a party has a right or is required to do some act within a prescribed period of
time following service of a notice or paper on the party, and when that notice or paper is served by
mail, 3 days shall be added to the prescribed period.
SECTION 121.18 - SERVICE
(a) Any paper filed with the Clerk of Tribal Court or the Clerk of the Court of Appeals shall
be served upon each other party. Filing constitutes the certification of the party or the party's attorney
that service has been properly made.
(b) Service shall be made upon a party's attorney, if any, or if the party is not represented by
counsel upon the party.
(c) Service may be made personally or by first class mail. Service made by mail is
complete upon mailing.
SECTION 121.19 - FEES
The Clerk of the Tribal Court shall collect the following fees:
(a) For filing of the notice of appeal, $25.00.
(b) For the preparation of a transcript, $2.50 per page, for the original, to be filed with the
Court, and the first copy. Subsequent copies may be ordered for 50 cents per page.
(c) The Tribal Court may order the waiver of the fees provided for in this section, upon the
filing of a sufficient affidavit of indigency.
Comment
Fees are necessary to partially defray the costs of court operations and to discourage frivolous appeals. Fees
should not however prevent an appellant who cannot afford them from filing an arguably meritorious appeal. Official
Forms 2 and 3 prescribe the sub stance of a sufficient affidavit of indigency and an o rder waiving fees.
SECTION 121.20 - PRACTICE BEFORE THE COURT OF APPEALS
Any individual authorized to practice before the Tribal Court shall be authorized to practice
before the Court of Appeals.
SECTION 121.21 - MOTIONS BEFORE THE COURT OF APPEALS
Any party to an appeal may file such motions as appear necessary, together with supporting
briefs and affidavits, as appropriate. Such motions shall be filed with the Clerk of the Court of
Appeals. All motions before the Court of Appeals shall be placed on a briefing schedule by the chief
judge, who may order oral argument at his or her discretion.
SECTION 121.22 - FRIVOLOUS APPEALS
The Court of Appeals may in its discretion order a party, his or her attorney, or both, filing or
pursuing a frivolous appeal, to pay the costs and reasonable attorney fees incurred by the other party or
parties in responding to the appeal.
Comment
Law is developed by appeals cases which push against the limits of previously accepted doctrine. This section
should not be lightly applied, or used in such a way that arguably meritorious appeals are discouraged. Frivolousness may
be found, however, when an appeal is grounded neither on existing law nor on a good faith argument for extension,
modification, or reversal of existing law.
CHAPTER 121 AMENDED BY RESOLUTION #4-22-88-88-148/2-24-89-24
CHAPTER 122- SMALL CLAIMS PROCEDURE
SECTION 122.1 - PURPOSE
The purpose of this chapter is to establish simplified procedures for the resolution of disputes
involving claims of $3,000.00 or less.
SECTION 122.2 - AUTHORITY
This chapter is adopted pursuant to Art. VI, sec. 1(q), of the Constitution of the Tribe.
SECTION 122.3 - DEFINITIONS
(a) "Clerk of Court" or "Clerk" means the Clerk of Tribal Court.
(b) "Tribal Court" means the court of the Tribe.
(c) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 122.4 - RELATIONSHIP TO OTHER CHAPTERS
The procedures set forth in this chapter are the exclusive procedures for litigation of claims as
described in Section 122.5. Chapter 121 (Appeals) shall apply to proceedings under this chapter.
Chapter 150-156 (Evidence) shall only apply as provided in Section 122.9. All provisions of chapters
101-120 not inconsistent with this chapter shall apply to proceedings under this chapter.
SECTION 122.5 - APPLICABILITY OF CHAPTER
(a) The procedures set forth in this chapter shall apply to all claims for $3,000.00 or less, or
for property valued at $3,000.00 or less.
(b) If a counterclaim or cross complaint for more than $3,000.00 is filed which arises out of
the same transaction or occurrence that is the subject of the original claim the entire action shall not
proceed under this chapter but under chapters 101-120.
(c) If a counterclaim or cross complaint for more than $3,000.00 is filed which does not
arise out the same transaction or occurrence that is the subject of the original claim the court shall
dismiss without prejudice the counterclaim or cross complaint and the action shall proceed under this
chapter.
(d) If a counterclaim or cross complaint for more than $3,000.00 is filed which the court,
after hearing, finds may reasonably be valued at $3,000.00 or less, the action shall proceed under this
chapter. Any finding made under this subparagraph shall not preclude a verdict on the merits of the
counterclaim or cross complaint exceeding $3,000.00.
SECTION 122.6 - STARTING AN ACTION
(a) An action under this chapter is commenced by the filing of a summons and complaint as
prescribed by this section.
(b) The summons and complaint shall be a single document setting forth the following:
(1) The names and addresses of the parties.
(2) The case number assigned by the Clerk of Court.
(3) A command to the defendant to appear at tribal court at a date, time and place
specified.
(4) A brief statement, including approximate date and place, of the transaction or
occurrence giving rise to the action.
(5) The relief requested.
(6) A statement that failure to appear may result in a judgment taken against
defendant for the relief requested, plus costs and attorney fees.
(7) The dated signature of the Clerk of Court and of the plaintiff or plaintiff's
attorney.
(c) The Clerk of Court shall make available forms of the summons and complaint.
(d) The return date specified under sec. 122.6(b)(3) shall be no less than eight days and no
more than 45 days from the date of issuance of the summons and complaint. Service, if by mail, shall
be made no less than eight days prior to the return date. Service, if personal, shall be made no less than
five days prior to the return date.
(e) The Clerk of Court may not accept for filing any summons and complaint that does not
bear the dated signature of the plaintiff or plaintiff's attorney, or that is not accompanied by the filing
fee and, if applicable, the mailing fee, as required by sec. 122.12.
SECTION 122.7 - SERVICE OF THE SUMMONS AND COMPLAINT
Service of the summons and complaint may be by the following methods:
(a) Personal Service. The plaintiff may cause personal service to be made upon the
defendant by hand delivery to the defendant in person or to any person of apparent normal
understanding no less than 16 years old residing within the residence of the defendant. Any person
over eighteen years of age, not a party to the action, may make personal service. In the case of personal
service, an affidavit of service shall be returned to the Clerk of court and shall constitute proof of
service.
(b) Service by Certified Mail. A plaintiff may request the Clerk of Court to make service
by certified mail, in which case the Clerk of Court shall mail a copy of the summons and complaint to
each defendant. Mail shall be certified, return receipt requested, return requested if not claimed within
five days. The Clerk shall charge the plaintiff the fees provided by sec. 122.12 for service by certified
mail, receipt requested, return postage guaranteed. Service by mail shall be complete upon mailing
unless the envelope enclosing the summons and complaint is returned unopened by the post office to
the Clerk of Court prior to the return date.
(c) If service cannot reasonably be made under subparagraphs (a) or (b), service by
publication pursuant to section 111.3 may be made.
SECTION 122.8 - ANSWERS, COUNTERCLAIMS, AND CROSS-COMPLAINTS
(a) All parties shall appear on the return date specified in the summons and complaint. All
answers, counterclaims and cross complaints may be made orally or in writing. If made in writing, any
such pleading shall be filed with the Clerk of Court with copies served on all parties.
(b) Written pleadings shall not substitute for personal appearance or appearance by attorney
on the return date. Failure of any party to appear may result in judgment as provided in Section 122.10.
(c) Upon the return date, the court shall determine whether the defendant wishes to make a
defense to the complaint. If the defendant does not wish to make a defense or raise a counterclaim,
judgment may be entered in favor of the plaintiff. If the defendant does wish to make a defense, the
court shall determine whether the parties wish to settle their differences without trial. If such
settlement is made, the court shall enter judgment, or dismiss the complaint, as called for by the
settlement. If the parties do not make such settlement a trial date shall be set. Trial may be had on the
returned ate if all parties and the court consent.
(d) Any party may request a substitution of judge for cause by making such request at the
hearing on the return date.
(e) The court may in its discretion adjourn the return date as the interests of justice require.
SECTION 122.9 - TRIAL
(a) All trials under this chapter shall be to the court without a jury.
(b) A trial under this chapter shall be conducted informally, with each party being allowed
to present evidence and argument and to examine witnesses to the extent reasonably required for full
disclosure of the pertinent facts.
(c) Proceedings under this chapter shall not be governed by the rules of evidence except
those related to privilege under chapter 152. The court shall admit all evidence having reasonable
probative value but may exclude irrelevant or repetitious evidence or argument. An essential finding of
fact may not be based on oral hearsay unless it would be admissible under chapter 155.
(d) The judge may questions witnesses.
(e) The judge shall establish the order of proof and argument consistent with the fair and
prompt resolution of the dispute.
SECTION 122.10 - JUDGMENT
(a) If plaintiff fails to appear on the return date or at trial, the court may dismiss the
complaint. Dismissal shall be without prejudice unless a complaint filed by the plaintiff arising from
the same transaction or occurrence has been dismissed on the same grounds once before.
(b) If the defendant fails to appear on the return date or at trial, the court may enter
judgment for plaintiff upon due proof of facts which show the plaintiff is entitled to judgment.
(c) After trial, the court may give its decision orally immediately, or it may file written
findings of fact, conclusions of law, and judgment, no later than 30 days following trial.
(d) Judgment may be reopened at any time within one year of judgment in any case where
service was by mail or publication, the defendant did not receive actual notice of the action and did not
appear in the action or otherwise submit to the jurisdiction of the court, and the defendant petitions the
court to reopen the judgment within 15 days of receiving actual notice of the action or judgment. Such
petition shall be verified and shall state the facts upon which the petitioner bases the claim the reopen
under this subparagraph. After hearing, the court may grant the petition to reopen, in which case a trial
date shall be set.
(e) Default judgment may be reopened on all grounds other than failure of actual notice, by
petition for good cause shown within six months of entry of judgment.
(f) Judgment shall be entered by the Clerk within 20 days of the court's oral announcement
or the court's filing of written findings, conclusions, and judgment. A notice of entry of judgment shall
thereupon be prepared by the Clerk who shall mail a copy thereof to each party.
SECTION 122.11 - DISCLOSURE OF ASSETS
When a judgment for money damages is entered under this chapter, the court shall order that
the judgment debtor execute, under penalty of contempt, within 15 days of the entry of judgment unless
the judgment is satisfied sooner, a statement, on forms provided by the Clerk of Court, disclosing, as of
the date of judgment, the debtor's name, residence address, employers and their addresses, frequency of
pay periods and gross and net pay per period, any non-USA trust real property interests, cash on hand,
financial institutions in which the debtor has any funds and the amount of funds in each institution, the
names and addresses of all persons who hold any property belonging to the debtor or who owe any
money or property to the debtor, and all items and property worth more than $100.00.
SECTION 122.12 - FEES
(a) Filing fee. For filing of a summons and complaint, the Clerk shall collect $10.00.
(b) Mailing fee. For service by mail the Clerk shall collect $3.00 plus the actual cost of
certified mail, return receipt requested, return postage guaranteed, for each defendant to be so served.
(c) In actions filed by the Tribe, no fee shall be required under subparagraph (a) and only
the actual cost of mailing shall be required under subparagraph (b).
(d) In actions filed by an indigent person, whose indigency is established by the filing of a
verified petition, no fee shall be required under subparagraph (a) and only the actual cost of mailing
shall be required under subparagraph (b).
SECTION 122.13 - COSTS RECOVERABLE
(a) The prevailing party in an action under this chapter may recover the following costs,
which shall be added to the judgment.
(1) All fees paid under sec. 122.12.
(2) Actual attorney fees not to exceed $150.00.
(3) Costs of Service.
(4) Witness fees and mileage.
(5) Post-judgment interest of 1«% per month.
(b) The prevailing party shall within ten days of the announcement of judgment file a
certified statement of costs with the Clerk to be taxed to the other party. The other party shall have five
days to object in writing to the taxation of the costs submitted. Any such conflict may be resolved by
the court with or without hearing the court's discretion.
CHAPTER 123A - CIVIL REMEDIAL MONEY PENALTIES
SECTION 123A.1
Whenever any ordinance of the tribe shall provide for a civil remedial money penalty for the
breach of such ordinance by any person, the tribe shall proceed against such person according to the
procedure set forth in this subchapter. The provisions of the other chapters of the Tribal Court Code
shall apply to proceedings instituted pursuant to this subchapter to the extent not inconsistent herewith.
Unless an ordinance specified that a breach thereof shall subject the person breaching to a civil
remedial money penalty. The other provisions of the Tribal Court Code shall apply.
SECTION 123A.2
Proceedings for the recovery of a civil remedial money penalty shall be instituted by the
issuance of a citation by an enforcing officer. Whenever an enforcing officer has reasonable basis to
believe that a person subject to tribal authority has committed a breach of a tribal ordinance which
provides for a civil remedial money penalty, such officer shall issue a citation to such person, serve a
copy of same as provided in Chapter 111 hereof, and file a copy with the tribal court. The issuance of a
citation by an enforcing officer in connection with a breach of an ordinance is adequate process to give
the tribal court jurisdiction over the person upon the filing with the court of such citation.
SECTION 123A.3
The citation shall contain a complaint, a case history, and a report of court action on the case. It
must appear on the face of the citation that there is a reasonable basis to believe that a breach of an
ordinance has been committed. The citation form shall provide the following:
(a) The name of the person to whom the citation was issued, together with the person's age
and address, if available;
(b) The tribal permit or license number of the defendant, if applicable;
(c) The breach alleged, the time and place of occurrence, a statement that the defendant
committed the breach, the ordinance provision charged, and a description of the breach in language
which can be readily understood;
(d) The name and tribal department of the issuing officer;
(e) The maximum civil remedial money penalty for which the defendant might be found
liable;
(f) A date, time and place for the tribal court appearance, and a notice to appear;
(g) Provision for a deposit and stipulation or default in lieu of court appearance;
(h) Notice that if the defendant fails to appear at the time fixed in the citation, the defendant
will be defaulted and judgment entered against him in an amount up to the maximum penalty;
(i) Notice that if the defendant makes a deposit and stipulation of default, judgment will be
entered against him in the amount of the deposit;
(j) Any other information.
SECTION 123A.4
A defendant to whom a citation is issued may make a deposit and stipulation of default in lieu
of a court appearance at any time prior to the court appearance date. The amount of the deposit shall be
determined by an enforcing officer, up to the maximum penalty set in the ordinance charged. By
Signing the stipulation, the defendant consents to the entry of judgment against him for a penalty not to
exceed the amount of the deposit. The person accepting the deposit and stipulation of default shall
prepare a receipt showing the purpose for which the deposit was made and shall file the deposit and
stipulation of default, together with a copy of the receipt, with the tribal court.
SECTION 123A.5
Upon return of the citation, the defendant shall enter a plea. If the defendant denies the
allegations of the complaint a date for trial shall be set.
SECTION 123A.6
In all actions under this subchapter, the tribe shall have the burden of showing by a
preponderance of the evidence that defendant breached the ordinance charged in the citation. The tribe
shall not, however, be required to show that defendant intended to breach the ordinance charged.
SECTION 123A.7
If the defendant is found to have breached the ordinance charged, the tribal court shall enter
judgment against the defendant and in favor of the tribe for a monetary amount not to exceed the
maximum civil remedial money penalty provided for the breach, together with court costs, or in cases
where a deposit and stipulation of default has been made by the defendant, for an amount up to the
amount of the deposit. If the judgment is for an amount of the deposit, the balance shall be returned to
the defendant.
SECTION 123A.8
All civil remedies are available in order to enforce the judgment of the tribal court, including
the power of civil contempt. A judgment shall become a lien upon any available property of the
defendant located within the Bad River Reservation or within the jurisdiction of the tribal court. When
necessary, the tribe may bring suit in any court on the judgment against the defendant or property of the
defendant located beyond the jurisdiction of the tribal court.
SECTION 123A. 9
Deposits and money paid on judgments rendered pursuant to this subchapter shall be tendered
to the tribal Clerk of court. Within 20 days after judgment on a deposit or receipt of funds in payment
of a judgment the tribal Clerk of Court shall tender such sums to the tribal treasurer, who shall place
such sums in the general account of the tribe such disposition as the Tribal Council shall make.
SUBCHAPTER 123 - B- CIVIL REMEDIAL FORFEITURE OF PROPERTY
SECTION 123B.1
Whenever any ordinance of the tribe shall provide for the civil remedial forfeiture of any
property for breach of such ordinance by any person, the tribe shall proceed against the property
according to the procedures set forth in this subchapter. The provisions of other chapters of the Tribal
Court Code shall apply to proceedings instituted pursuant to this subchapter to the extent not
inconsistent herewith.
SECTION 123B.2
Proceedings for civil remedial forfeiture of property shall be instituted by the filing of a
complaint in rem against the property in tribal court by an enforcing officer. A complaint shall be filed
whenever an enforcing officer has a reasonable basis to believe that a tribal ordinance has been
breached and the property is forfeitable under the tribal ordinance.
SECTION 123B.3
It must appear on the face of the complaint that there is a reasonable basis to believe that tribal
ordinance has been breached and the property is forfeitable under that ordinance. The complaint shall
contain:
(a) A description of the property against which proceedings are instituted;
(b) The ordinance provision allegedly breached;
(c) A description of the breach in language which can be readily understood;
(d) The name, address and other pertinent information about the owner of the property, if
known, or a statement that the owner of the property is unknown;
(e) A request for an order to seize the property; and
(f) The name and attestation of the complaining enforcing officer.
SECTION 123B.4
If the owner of the property is known, the summons, complaint and notice of hearing on an
order to seize shall be served on the owner as provided in Chapter 111 hereof. If the owner of the
property is unknown or cannot be located, service shall be made by posting in the central tribal office
and the Tribal Rights Protection office and by publication once in a newspaper of general circulation in
Ashland County. An affidavit of publication and posting shall be filed with the tribal court.
SECTION 123B.5
All property alleged to be subject to civil remedial forfeiture may be seized pursuant to an order
to seize issued by the tribal court and held by the tribal court pending disposition of the complaint or
until a bond has been posted with the tribal court. Property may be seized by an enforcing officer prior
to filing a complaint and issuance of an order to seize if:
(a) A tribal ordinance authorizes the immediate seizure of the property; or
(b) The property seized presents a danger to persons, property or a natural resource of the
Bad River Reservation; or
(c) An enforcing officer has a reasonable basis to believe that without immediate seizure
the property will be removed from the jurisdiction of the tribe.
A receipt describing the property at the time of seizure, if such person is present.
SECTION 123B.6
The hearing on the order to seize shall be heard within 30 days of the filing of the complaint.
The tribe shall use its best efforts to attempt to provide actual notice of the hearing to the owner of the
property.
SECTION 123B.7
At the hearing on the order to seize the tribe shall have the burden of showing that there is a
reasonable basis to believe that the property is subject to civil remedial forfeiture under the tribal
ordinance alleged and that the property is within the jurisdiction of the tribal court. The tribe may
present evidence by testimony or affidavit. Any person alleging ownership of the property may appear
and present argument and evidence by testimony or affidavit.
SECTION 123B.8
If after hearing the tribal court finds that there is a reasonable basis to believe that the property
is subject to civil remedial forfeiture under the tribal ordinance alleged and that the property is within
the jurisdiction of the court, it shall issue an order to seize directing the enforcing officer to seize the
property and hold it pending disposition of the complaint. If the tribal court finds to the contrary, it
shall dismiss the complaint and, if property was seized prior to the hearing, order the property released
immediately.
SECTION 123B.9
An order to seize shall contain the following:
(a) A description of the property subject to the order;
(b) The date of filing of a property complaint for the forfeiture and the name and
department of the complaining officer;
(c) A finding that the property is within the jurisdiction of the court;
(d) A finding that there is a reasonable basis to believe that the property is subject to a civil
remedial forfeiture, a brief factual narration of the ground for finding, and citation to the ordinance
allegedly breached;
(e) Notice of the date and place of trial;
(f) Notice that the property may be released by the posting of a property bond.
The order to seize shall be served as provided in Section 123B.4.
SECTION 123B.10
The enforcing officer shall make a reasonable effort prior to the hearing on the order to seize to
ascertain whether a perfected security interest exists in the property, and if one exists shall give notice
to the secured party of any hearing in the case and shall also give the secured party at least 15 days
notice of the time and place of any sale conducted pursuant to Section 123B.13.
SECTION 123B.11
The person determined by the tribal court to be the lawful owner of the property seized may be
allowed to post a bond in the amount of the value of the seized property as determined by the tribal
court. When a proper bond has been posted with the court, the property shall be returned to the owner.
The bond shall be available to be levied against if the owner does not return the property to the custody
of the tribal court in proper condition or if the court determines after trial that the property should be
forfeited.
SECTION 123B.12
At trial the tribe shall have the burden of showing by a preponderance of the evidence that the
property is forfeitable under the ordinance charged. If the tribe fails to meet this burden, the tribal
court shall dissolve the order to seize, enter judgment awarding title to the property to the owner, and
order the immediate release of the property or discharge of the bond. If the tribe meets its burden, the
court shall dissolve the order to seize, enter judgment awarding title to the property to the tribe,
together with court costs, and place the property in the hands of the tribe for disposition or, if bond was
posted, order the bond forfeited to the tribe.
SECTION 123B.13
Within 30 days after entry of a judgment forfeiting property to the tribe, the tribe shall sell the
property at the highest obtainable price. The net proceeds of such sale, shall be remitted to the tribal
treasurer, who shall place such sums in the general account of the tribe for such disposition as the
Tribal Council shall make. If there is a perfected security interest in the property forfeited, and the
breach which occasioned the forfeiture was not committed with the knowledge, consent, or connivance
of the secured party, but if a sufficient amount does not remain for such purpose after the other
deductions, then the amount remaining shall be paid over.
SECTION 123B.14
Any perishable property seized pursuant to this subchapter may be sold by an enforcing officer
at the highest available price and the proceeds of the sale shall be tendered into tribal court to await
such disposition of the proceeds as the tribal court shall direct.
SUBCHAPTER - C - MISCELLANEOUS PROVISIONS
SECTION 123C.1
No person in a suit brought pursuant to this chapter shall be required to answer questions which
would tend to show that such person breached the ordinance under which the suit was brought.
SECTION 123C.2
Any person who is concerned in the commission of a breach remediable under this chapter is a
principal and may be adjudged to have committed the breach although such person did not directly
commit it and although the person who did directly do so has not been subject to the remedial
provisions of this chapter. A person is concerned in the commission of a breach if such person:
(a) Directly commits the breach;
(b) Aids and abets the commission of the breach; or
(c) Is party to a conspiracy with one or more others to commit the breach or advises, hires,
counsels, or otherwise procures another to commit the breach.
SECTION 123C.3
The civil remedial forfeiture remedies governed by this chapter are not mutually exclusive, nor
shall they be the sole and exclusive remedies of the tribe for breach of its ordinances. Nothing in this
chapter shall restrict or curtail the right of the tribe to prosecute or seek the criminal prosecution of any
defendant or owner or to institute a civil action for damages in any court against a defendant or owner.
In addition to the civil remedies provided in this chapter, the tribal court may order a defendant or
owner to perform or refrain from performing such acts as may be necessary fully to protect the tribe, its
members, its property, or its natural resources. The tribal court may order abatement of a nuisance,
restoration of natural resource, or other appropriate action designed to eliminate or minimize damage
caused by a defendant or owner. The tribal court may, where provided by ordinance, revoke or
suspend any or all tribal permits, licenses or privileges.
CHAPTER 124 - LANDLORD - TENANT RELATIONS
SECTION 124.1 - PURPOSE
The purpose of this chapter is to define the rights of landlords and tenants and to establish
procedures for the enforcement of landlord and tenant rights and obligations.
SECTION 124.2. - AUTHORITY
This chapter is adopted pursuant to Art. VI, Sec. 1(q) of the Tribe's constitution.
SECTION 124.3 - DEFINITIONS
(a) "Lease" means an agreement, whether oral or written, for transfer of possession of real
property, or both real and personal property, for a definite period of time. A lease is for a definite
period of time if it has a fixed commencement date and a fixed expiration date or if the commencement
and expiration can be ascertained by reference to some event such as completion of a building. An
agreement for transfer of possession of only personal property is not a lease.
(b) "Periodic tenant" means a tenant who holds possession without a valid lease and pays
rent on a periodic basis. It includes a day-to-day, week-to-week, month-to-month, year-to-year or other
recurring interval of time, the period being determined by the intent of the parties under the
circumstances, with the interval between rent-paying dates normally evidencing that intent.
(c) "Premises" mean the property covered by the lease, including not only the realty and
fixtures, but also any personal property furnished with the realty.
(d) "Tenancy" includes a tenancy under a lease, a periodic tenancy or a tenancy at will.
(e) "Tenant at will" means any tenant holding the permission of his landlord without a valid
lease and under circumstances not involving periodic payment of rent; but a person holding possession
of real property under a contract of purchase or an employment contract is not a tenant under this
chapter.
(f) "Tribal Court" means the Tribe's Tribal Court.
(g) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 124.4 - RELATIONSHIP TO OTHER LAWS
This chapter provides minimum rights, obligations, remedies, and procedures. Other rights,
obligations, remedies and procedures may be provided by oral or written agreement of parties, or by
applicable federal law. Proceedings under this chapter shall not be governed by Chapters 150 - 156
(Evidence) except as provided by Section 122.9.
SECTION 124.5 REQUIREMENT OF WRITING FOR RENTAL AGREEMENTS AND
TERMINATION
(a) A lease for more than a year, or a contract to make such a lease or the assignment of any
leasehold interest of more than a year, is not enforceable unless it is in writing and in addition sets forth
the amount of rent or other consideration, the time of commencement and expiration of the lease and a
reasonably definite description of the premises, or unless a writing signed by the landlord and the
tenant sets forth the amount of rent or other consideration, the duration of the lease and a reasonably
definite description of the premises and the commencement date is established by entry of the tenant
into possession under the writing. Sections 124.6 and 124.8 govern as to matters within the scope of
such sections and not provided for in such written lease or contract.
(b) Possession under unenforceable lease. If a tenant enters into possession under a lease
for more than one year which does not meet the requirements of sub. (a), and the tenant pays rent on a
periodic basis, he becomes a periodic tenant. Except for duration of the tenancy and matters within the
scope of Section 124.6 and 124.8, the tenancy is governed by the terms and conditions agreed upon.
(c) Termination of written lease prior to normal expiration date. An agreement to terminate
a tenancy more than one year prior to the expiration date specified in a valid written lease is not
enforceable unless it is in writing signed by both parties. Any other agreement between the landlord
and tenant to terminate a lease prior to its normal expiration date or to termination a periodic tenancy
or tenancy at will without the notice required by Section 124.12 may be either oral or written. Nothing
herein prevents surrender by operation of law.
(d) Proof. In any case where a lease or agreement is not in writing signed by both parties
but is enforceable under this section, the lease or agreement must be proved by clear and convincing
evidence.
SECTION 124.6 - RIGHTS AND DUTIES OF LANDLORD AND TENANT IN ABSENCE OF
WRITTEN AGREEMENT TO CONTRARY
(a) When section applicable. So far as applicable, this section governs the rights and duties
of the landlord and tenant in the absence of any inconsistent provision in writing signed by both the
landlord and the tenant. This section applies to any tenancy.
(b) Possession of tenant and access by landlord. Until the expiration date specified in the
lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not
default, the tenant has the right to exclusive possession of the premises, except as hereafter provided.
The landlord may upon advance notice and at reasonable times inspect the premises, make repairs and
show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises
and the landlord reasonably believes that the entry is necessary to preserve or protect the premises, the
landlord may enter without notice and with such force as appears necessary.
(c) Use of premises, additions or alterations by tenant. The tenant can make no physical
changes in the nature of the premises, including decorating, removing, altering or adding to the
structures thereon, without prior consent of the landlord. The tenant cannot use the premises for any
unlawful purpose nor in such a manner as to interfere unreasonably with use by another occupant of the
same building or group of buildings.
(d) Tenant's Fixtures. At the termination of the tenancy, the tenant may remove any fixtures
installed by him if he either restores the premises to their condition prior to the installation or pays to
the landlord the cost of such restoration. Where such fixtures were installed to replace similar fixtures
which were part of the premises at the time of the commencement of the tenancy, and the original
fixtures cannot be restored the tenant may remove fixtures installed by him only if he replaces them
with fixtures at least comparable in condition and value to the original fixtures. The tenant's right to
remove fixtures is not lost by an extension or renewal of a lease without reservation of such right to
remove. This subsection applies to any fixtures added by the tenant for his convenience as well as
those added for purposes of trade, agriculture or business; but this subsection does not govern the rights
of parties other than the landlord and tenant.
(e) Storage or disposition of personalty left by tenant.
(1) If a tenant removes from the premises and leaves personal property of an
apparent total value of less than $100, the landlord may:
(A) Store such personalty, with or without notice to the tenant, on or off the
premises, with a lien on the personalty for actual cost of removal and storage or, if stored by the
landlord, for the reasonable value of storage;
(B) Give the tenant notice, personally or by ordinary mail addressed to the
tenant at his last-known address, of the landlord's intent to dispose of the personalty by sale or other
appropriate means if the property is not repossessed by the tenant within 5 days of such personal
service or 8 days of the date of mailing. If the tenant fails to repossess within the time specified, the
landlord may proceed to dispose of such property by private or public sale or any other appropriate
means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if
he has first stored the personalty under sub d. A, and send the balance of the proceeds to the tenant by
registered mail addressed to his last known address; if such proceeds are returned to the landlord and
are not claimed within five months after the date on which they were mailed, the proceeds shall belong
to the landlord.
(2) Rights of third persons. The landlord's lien and power to dispose as provided by
this subsection apply to any property left on the premises by the tenant, whether owned by him or by
others. Such lien has priority over any ownership or security interest and the power to dispose under
this subsection applies notwithstanding rights of others existing under any claim of ownership or
security interest. Notice of intended disposition need to be given only to the tenant. The tenant or any
secured party shall have the right to redeem the property at any time before the landlord has disposed of
it or entered into a contract for its disposition by payment of the landlord's charges for removal,
storage, disposition, arranging for the sale and reasonable attorney's fees and legal expenses.
(3) Other procedure. The remedies of this subsection are not exclusive and shall not
prevent the landlord from resorting to any other available judicial procedure.
SECTION 124.7 - WATER HEATER THERMOSTAT SETTINGS
A landlord of premises which are subject to a residential tenancy and served by water heater
serving only that premises shall set the thermostat of that water heater at no higher than 125 degrees
Fahrenheit before any new tenant occupies that premises or at the minimum setting of that water heater
if the minimum setting is higher than 125 degrees Fahrenheit.
SECTION 124.8 - REPAIRS, UNTENANTABILITY
(a) Application of section. This section applies only to residential tenancies. An agreement
to waive the requirements of this section is void. Nothing in this section is intended to affect rights and
duties arising under other law.
(b) Duty of Landlord.
(1) Unless the repair was made necessary by the negligence or improper use of the
premises by the tenant, the landlord is under a duty to:
(A) Keep in a reasonable state of repair portions of the premises over which
he maintains control;
(B) Keep in a reasonable state of repair all equipment under his control
necessary to supply services which he has expressly or implied agreed to furnish to the tenant, such as
heat, water, elevator or air-conditioning.
(C) Make all necessary structural repairs;
(D) Repair or replace any plumbing, electrical wiring, machinery or
equipment furnished with the premises and no longer in reasonable working condition, except as
provided in sub. (c)(2).
(E) Comply with applicable housing code.
(2) If the premises are part of a building, other parts of which are occupied by one or
more other tenants, negligence or improper use by one tenant does not relieve the landlord from his
duty as to the other tenants to make repairs as provided in par. (1).
(3) If the premises are damaged by fire, water or other casualty, not the result of the
negligence or intentional act of the landlord, this subsection is inapplicable and either sub. (2) or (d)
governs.
(c) Duty of Tenant.
(1) If the premises are damaged by the negligence or improper use of the premises
by the tenant, the tenant must repair the damage and restore the appearance of the premises by
redecorating. However, the landlord may elect to undertake the repair or redecoration, and in such case
the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is
presumed reasonable unless proved otherwise by the tenant.
(2) The tenant is also under a duty to keep plumbing, electrical wiring, machinery
and equipment furnished with the premises in reasonable working order if repair can be made at cost
which is minor in relation to the rent.
(3) A tenant shall comply with an applicable housing code.
(d) Untenantability.
If the premises becomes untenantable because of damage by fire, water or other
casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (b)
materially affecting the health or safety of the tenant, the tenant may remove from the premises unless
the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial
violation of sub. (b) materially affecting the health or safety of the tenant; or the tenant may remove if
the inconvenience to the tenant by reason of the nature and period of repair, rebuilding or elimination
would impose undue hardship on him. If the tenant remains in possession, rent abates to the extent the
tenant is deprived of the full normal use of the premises. This section does not authorize rent to be
withheld in full, if the tenant remains in possession. If the tenant justifiably moves out under this
subsection, the tenant is not liable for rent after the premises become untenantable and the landlord
must repay any rent paid in advance apportioned to the period after the premises become untenantable.
This subsection is inapplicable if the damage or condition is caused by negligence or improper use by
the tenant.
SECTION 124.9 - TRANSFERABILITY; ASSIGNMENT OF INTEREST
(a) Unless specifically permitted by a written lease, no interest in any tenancy may be
transferred or assigned by any tenant to any one else, unless the landlord specifically consents.
(b) Effect of transfer on liability or transferor. In the absence of an express release or a
contrary provision in the lease, transfer or consent to transfer does not relieve the transferring party of
his contractual obligations under the lease, except in the special situation governed by Section.
124.16(e).
(c) Covenants Which Apply to Transferee. All covenants and provisions in a lease which
are not either expressly or by necessary implication personal to the original parties are enforceable by
or against the successors in interest of any party to the lease. However, a successor in interest is liable
in damages, or entitled to recover damages, only for a breach which occurs during the period when
such successor holds his interest, unless he has by contract assumed greater liability; a personal
representative may also recover damages for a breach for which his decedent could have recovered.
(d) Same Procedural Remedies. The remedies available between the original landlord and
tenant are also available to or against any successor in interest to either party.
(e) Consent as Affecting Subsequent Transfers. If a lease restricts transfer, consent to a
transfer or waiver of a breach of the restriction is not a consent or waiver as to any subsequent
transfers.
SECTION 124.10 - LIEN OF LANDLORD
If any tenant abandons a premises while owing rent or other sums to the landlord, the landlord
may seize any personalty left on the premises by the tenant and sell it, publicly or privately, and may
retain such of the proceeds as are necessary to offset the sum due. The landlord shall send an overage
by registered mail to the last known address of the tenant; if such proceeds are returned to the landlord
and are not claimed within five months after the date on which they were mailed, the proceeds shall
belong to the landlord.
SECTION 124.11 - REQUIREMENT THAT LANDLORD NOTIFY TENANT OF
AUTOMATIC RENEWAL CLAUSE
A provision in a lease of residential property that the lease shall be automatically renewed or
extended for a specified period unless the tenant or either party gives notice to the contrary prior to the
end of the lease is not enforceable against the tenant unless the lessor, at least 15 days more than 30
days prior to the time specified for the giving of such notice to him, gives to the tenant written notice in
the same manner as specified in Section 124.15 calling the attention of the tenant to the existence of
the provision in the lease for automatic renewal or extension.
SECTION 124.12 - NOTICE TERMINATING TENANCY, NO FAULT BY EITHER PARTY
(a) Unless otherwise provided by written agreement of the parties, notice terminating
tenancy by either the landlord or the tenant, where no fault by the recipient of the notice is alleged,
shall be given as provided by this section.
(b) A tenancy at will may be terminated by notice, terminating the tenancy 28 days after the
date of notice.
(c) A periodic tenancy may be terminated by notice with an effective date of termination to
be determined as follows:
(1) If notice is given on the first day of a period, then the tenancy is terminated as of
the last of a period, then the tenancy is terminated as of the last day of the same period.
(2) If notice is given on any day other than the first day of a period, then the tenancy
is terminated as of the last day of the period immediately following the period in which notice is given.
(d) A lease that does not include an oral or written agreement as to notice terminating
tenancy may be terminated by notice within an effective date of termination to be determined as
follows:
(1) If notice is given on a date rent is due, then the tenancy is terminated 28 days
after the date of notice.
(2) If notice given on any day other than a date rent is due, then the tenancy is
terminated 28 days after the next date rent is due.
(e) If the periodicity of a tenancy, or the due date of rent, cannot be determined, tenancy
may be terminated by notice terminating the tenancy 28 days after the date of notice.
(f) In calculating the number of days notice, the day on which notice is given shall not be
counted. All subsequent days, including weekends and holidays, shall be counted.
(g) Notice is considered given on the date specified in Section 124.13.
SECTION 124.13 - NOTICE TERMINATING TENANCY FOR FAILURE TO PAY RENT OR
OTHER BREACH BY TENANT
(a) Failure to pay rent.
(1) Periodic tenancies of a period of one year or less; leases for one year less.
(A) If a tenant has failed to pay rent under a periodic tenancy of a week to
week, month-to-month, or other period less than and including year-to-year, the landlord may terminate
the tenancy if the landlord gives the tenant notice that tenant must pay rent or vacate the premises
within ten days of the date of the notice, and if the tenant fails to pay accordingly.
(B) If notice has been given by a landlord to a tenant under sub. A, above,
and tenant has paid rent or otherwise been permitted to remain in possession on the premises, and
within one year of the notice again is in default on rent, the landlord may terminate the tenancy by
giving tenant notice that tenant must vacate the premises within 14 days of the date of the notice.
(2) Leases for more than a year. If a tenant has failed to pay rent under a lease of
more than a year, a landlord may terminate the tenancy as provided in, sub. 1, above, except that the
time given to vacate the premises or pay rent under sub. 1(A) and the time given to vacate under sub.
1(B) shall be 30 days from the date notice is given.
(b) Default other than failure to pay rent.
(1) Periodic tenancies of a period of one year or less; leases for one year or less.
(A) If a tenant commits waste or a material violation of sec. 124.8(c) or
breaches any covenant or condition of the rental agreement (other than for the payment of rent), the
landlord may terminate the tenancy if the landlord gives the tenant notice that the tenant must remedy
the breach or vacate the premises within ten days of the notice, and if the tenant fails to remedy the
breach.
(B) A tenant is deemed to be complying with a notice under sub. A, above if
promptly upon receipt of such notice he takes reasonable steps to remedy the default and proceeds with
reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a
bonafide and reasonable offer to pay the landlord all damages for his breach.
(C) If within one year from the giving of notice under sub. A, above, the
tenant again commits waste or breaches the same or any other covenant or condition of his lease (other
than for payment of rent), his tenancy is terminated if the landlord, prior to the tenant's remedying the
waste or breach, gives the tenant notice to vacate on or before a date at least 14 days after the giving of
the notice.
(2) Leases for more than a year. If a tenant commits waste, or a material violation
of Section 124.8(c), or breaches any covenant or condition of the rental agreement (other than for the
payment of rent) the landlord may terminate the tenancy as provided in sub. 1, above, except that the
time given to remedy the breach or vacate under sub. 1(A), and the time given to vacate under sub.
1(c), shall be 30 days.
SECTION 124.14 - REMOVAL OF TENANT ON TERMINATION OF TENANCY
If a tenant remains in possession without consent of the landlord after termination of his
tenancy, the landlord may in every case proceed in any manner permitted by law to remove the tenant
and recover damages for such holding over.
SECTION 124.15 - MANNER OF GIVING NOTICE
(a) Notice must be in writing, formal or informal, and substantially inform the other party to
the landlord-tenant relation of the intent to terminate the tenancy and the date of termination. A notice
is not invalid because of errors in the notice which do not mislead, including omission of the name of
one of several landlords or tenants.
(b) Notice terminating a tenancy may be given in any of the following manners.
(1) By giving a copy of the notice personally to the other party, or by leaving a copy
at the party's usual place of abode in the presence of some competent member of the family at least 14
years of age, who is informed of the contents of the notice. Notice is given under this subsection on the
day the notice is given or left.
(2) By leaving a copy with any competent person apparently in charge of or
occupying the tenants rented premises, or the landlord's place of business, and by mailing a copy to the
party at the party's last known address. Notice is given under this subsection on the day the notice is
given or left.
(3) By mailing a copy the registered or certified mail to the party's last known
address. Notice is given under this subsection 3 days after it is mailed.
(c) Any notice to a landlord may be given to the landlord or to a person who has been
managing the property or receiving rent as the landlord's agent.
(d) Any notice to a corporation, partnership, or other business association, may be given to
any corporate director, general partner, manager, or agent who has made or received rental payments on
behalf of the party.
(e) If notice is not properly given under this section but is actually received by the other
party, the notice is deemed to be properly given, but the burden is on the party alleging actual receipt to
prove that fact by clear and convincing evidence. Notice is given under this subsection on the day it is
actually received.
(f) If a tenant vacates the premises without giving notice to the landlord, notice is deemed
to have been given to the landlord as of the date of the tenant's vacation of the premises or, if such date
cannot be ascertained, the date landlord had actual notice of the vacation.
SECTION 124.16 - EFFECT OF HOLDING OVER AFTER EXPIRATION OF LEASE;
REMOVAL OF TENANT
(a) Removal and recovery of damages.
If a tenant holds over after expiration of a lease, the landlord may in every
proceed in any manner permitted by law to remove the tenant and recover damages for such holding
over.
(b) Creation of periodic tenancy by holding over.
(1) Nonresidential leases for a year or longer. If premises leased for a year or longer
primarily for other than private residential purposes, and the tenant hold over after expiration of the
lease, the landlord may elect to hold the tenant on a month-to-month basis; but if such lease provides
for a weekly or daily rent, the landlord may hold the tenant only on the periodic basis on which rent is
computed.
(2) All other leases.
If premises are leased for less than a year for any use, or if leased for any
period primarily for private residential purposes, and the tenant holds over after expiration of the lease,
the landlord may elect to hold the tenant on a month-to-month basis; but if such lease provides for a
weekly or daily rent, the landlord may hold the tenant only on the periodic basis on which rent is
computed.
(3) When election takes place.
Acceptance of rent for any period after expiration of a lease, the landlord
may elect to hold the tenant on a month-to-month basis; but if such lease provides for a weekly or daily
rent, the landlord may hold the tenant for a weekly or daily rent, the landlord may hold the tenant only
on the periodic basis on which rent is computed.
(c) Terms of tenancy created by holding over.
A periodic tenancy arising under this section is upon the same terms and
conditions as those of the original lease except that any right of the tenant to renew or extend the lease,
or to purchase the premises, or any restriction on the power of the landlord to sell without first offering
to sell the premises to the tenant, does not carry over to such a tenancy.
(d) Effect of contrary agreement.
This section governs except as the parties agree otherwise either by the terms of
the lease itself or by an agreement at any subsequent time.
(e) Holdover by assignee or subtenant.
If an assignee or subtenant holds over after the expiration of the lease, the
landlord may either elect to:
(1) Hold the assignee or subtenant or, if he or she participated in the holding over,
the original tenant as a periodic tenant under sub. (b); or
(2) Remove any person in possession and recover damages from the assignee or
subtenant or, if the landlord has not been accepting rent directly from the assignee or subtenant, from
the original tenant.
(f) Notice terminating a tenancy created by holding over.
Any tenancy created pursuant to this section is terminable under Section. 124.12.
SECTION 124.17 - DAMAGES FOR FAILURE OF TENANT TO VACATE AT END OF
LEASE OR AFTER NOTICE
If a tenant remains in possession without consent of his landlord after expiration of a lease or
termination of a tenancy by notice given either landlord or the tenant, or after termination by valid
agreement of the parties, the landlord may recover from the tenant damages suffered by the landlord
because of the failure of the tenant to vacate within the time required. In absence of proof of greater
damages, the landlord may recover as minimum damages twice the rental value apportioned on a daily
basis for the time the tenant remains in possession. As used in this section, rental value means the
amount for which the premises might reasonably have been rented, but not less than the amount
actually paid or payable by the tenant for the prior rental period, and includes the money equivalent of
any obligations undertaken by the tenant as part of the rental agreement, such as payment of taxes,
insurance and repairs.
SECTION 124.18 - RECOVERY OF RENT AND DAMAGES BY LANDLORD; MITIGATION
(a) Scope of section. If a tenant unjustifiably removes from the premises prior to the
effective date for termination of his tenancy and defaults in payment of rent, or if the tenant is removed
for failure to pay rent or any other breach of a lease, the landlord can recover rent and damages except
amounts which he could mitigate in accordance with this section, unless he has expressly agreed to
accept a surrender of the premises and end the tenant's liability. Except as the context may indicate
otherwise, this section applies to the liability of a tenant under a lease, a periodic tenant, or an assignee
of either.
(b) Measure of recovery. In any claim against a tenant for rent and damages, or for either,
the amount of recovery is reduced by the net rent obtainable by reasonable efforts to re-rent the
premises. Reasonable efforts mean those steps which the landlord would have taken to rent the
premises if they had been vacated in due course, provided that such steps are in accordance with local
rental practice for similar properties. In the absence of proof that greater net rent is obtainable by
reasonable efforts to re-rent the premises, the tenant is credited with rent actually received under a rerental
agreement minus expenses incurred as a reasonable incident of acts under sub. (d), including a
fair proportion of any cost of remodeling or other capital improvements. In any case the landlord can
recover, in addition to rent other elements of damage, all reasonable expenses of listing and advertising
incurred in re-renting and attempting to re-rent (except as taken into account in computing the net rent
under preceding sentence). If the landlord has used the premises as part of reasonable efforts to re-rent,
under sub.(4)(c), the tenant is credited with the reasonable value of the use of the premises, which is
presumed to be equal to the rent recoverable from the defendant unless the landlord proves otherwise.
If the landlord has other similar premises for rent and receives an offer from a prospective tenant not
obtained by the defendant, it is reasonable for the landlord to rent the other premises for his own
account in preference to those vacated by the defaulting tenant.
(c) Burden of proof. The landlord must allege and prove that he has made efforts to comply
with this section. The tenant has the burden of proving that the efforts of the landlord were not
reasonable, that the landlord's refusal of any offer to rent the premises or a part thereof was not
reasonable, that any terms and conditions upon which the landlord has in fact re-rented were not
reasonable, and that any temporary use by the landlord was not part of reasonable efforts to mitigate in
accordance with sub. (d)(3); the tenant also has the burden of proving the amount that could have been
obtained by reasonable efforts to mitigate by rerenting.
(d) Acts privileged in mitigation of rent or damages. The following acts by the landlord do
not defeat his right to recover rent and damages and do not constitute an acceptance of surrender of the
premises:
(1) Entry, with or without notice, for the purpose of inspecting, preserving,
repairing, remodeling and showing the premises;
(2) Re-renting the premises or a part thereof, with or without notice, with rent
applied against the damages caused by the original tenant and in reduction of rent accruing under the
original lease;
(3) Use of the premises by the landlord until such time as re-renting at a reasonable
rent is practical, not to exceed one year, if the landlord gives prompt written notice to the tenant that
the landlord is using the premises pursuant to this section and that he will credit the tenant with the
reasonable value of the use of the premises to the landlord for such a period;
(4) Any other act which is reasonably subject to interpretation as being in mitigation
of rent or damages and which does not unequivocally demonstrate an intent to release the defaulting
tenant.
SECTION 124.19 - RETALIATORY CONDUCT IN RESIDENTIAL TENANCIES
PROHIBITED
(a) Except as provided in sub. (b), a landlord in a residential tenancy may not increase rent,
decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten
any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur
but for the landlord's retaliation against the tenant for doing any of the following:
(1) Making a good faith complaint about a defect in the premises to an elected
public official or a local housing code enforcement agency.
(2) Complaining to the landlord about a violation of Section 124.8 or a local
housing code applicable to the premises.
(3) Exercising a legal right relating to residential tenancies.
(b) Notwithstanding sub. (a), a landlord may bring an action for possession of the premises
if the tenant has not paid rent other than a rent increase prohibited by sub. (a).
(c) This section does not apply to complaints made about defects in the premises caused by
the negligence or improper use of the tenant who is affected by the action or inaction.
SECTION 124.20 - EVICTION ACTIONS - COMMENCEMENT
(a) An eviction action is commenced by the filing of a summons and complaint. The
summons and complaint shall conform to the requirements of Section 122.6. In addition to the
requirements of Section 122.6, the complaint shall allege the type of tenancy to be terminated, the
breach, and the date of notice to vacate given by the landlord. The landlord may join in the eviction
action other claims arising out of the tenancy. If the landlord joins a claim for lost rent, the landlord
must allege that an attempt at mitigation was undertaken.
(b) The Clerk of Court shall make available forms of the summons and complaint.
(c) The requirements for return dates and service shall be as provided under Section 122(d)
and (e).
SECTION 124.21 - SERVICE OF SUMMONS AND COMPLAINT
(a) Service shall be made upon defendant pursuant to Section 122.7.
(b) When the defendant has been served pursuant to Section 122.7 and does not waive lack
of personal jurisdiction as a defense, service may be made as follows:
(1) If the summons is returned more than 7 days prior to the return date with proof
that the defendant cannot be served under Section 122.7(1), the plaintiff may, at least 7 days prior to
the return date, affix a copy of the summons and complaint onto some part of the premises where it
may be conveniently read. At least 5 days prior to the return date an additional copy of the summons
and complaint shall also be mailed to the defendant at the last-known address, even if it is the premises
which are the subject of the action.
(2) In all other cases where the summons and complaint are returned with proof that
the defendant cannot be served under Section 122.7, the court shall, on the return date, adjourn the case
to a day certain not less than 7 days from the return date, and the plaintiff shall affix a notice in
substantial conformity with sub. (c) onto some part of the premises where it may be conveniently read.
At least 5 days prior to the return date, an additional copy of said notice, together with a copy of the
summons and complaint, shall be mailed to the defendant at the last-known address, even if it is the
premises which are the subject of the action.
(3) Before judgment is entered after service is made under this section, the plaintiff
shall file proof of compliance with this section.
(c) The notice required under sub. (b)(2), above, shall be substantially as follows:
BAD RIVER TRIBAL COURT
Case No._____________________
Take notice that an eviction action has been commenced against you to recover the
possession of the following described premises....., of which, I the plaintiff, am entitled to possession,
but which you have unlawfully detained from me.
Unless you appear and defend on the ____________________ day of
_________________, ______, at ______ o'clock _____.m., in the Bad River Tribal Court, located at
the Tribal Administration Building (Chief Blackbird Center), Odanah, WI judgment may be rendered
against you for the restitution of said premises and for costs.
DATED:_______________, ______ ____________________________
Plaintiff or Plaintiff's Attorney
SECTION 124.22 - ANSWERS, COUNTERCLAIMS, AND CROSS-COMPLAINTS
All pleadings in response to the summons and complaint shall be made as provided in Section
122.8.
SECTION 124.23 - TRIAL
Trials under this chapter shall be conducted as provided in Section 122.9.
SECTION 124.24 - JUDGMENT; WRIT OF RESTITUTION
(a) Judgment. If the court finds that the plaintiff is entitled to possession of the premises,
the order for judgment shall be for the restitution of the premises to the plaintiff and if an additional
cause of action is joined under Section 124.20 and plaintiff prevails thereon, for such other relief as the
court orders. Judgment shall be entered accordingly as provided in Section 122.10.
(b) Writ of restitution. At the time of ordering judgment for the restitution of premises, the
court shall order that a writ of restitution be issued, and the writ may be delivered to any general law
enforcement officer or other officer specifically empowered to carry out such writ.
(c) Stay of writ of restitution. At the time of ordering judgment, upon application of the
defendant with notice to the plaintiff, the court may in cases where it determines hardship to exist, stay
the issuance of the writ by a period not to exceed 30 days from the date of the order for judgment. Any
such stay shall be conditioned upon the defendant paying all rent or other charges due and unpaid at the
entry of judgment and upon the defendant paying the reasonable value of the occupancy of the
premises, including reasonable charges, during the period of the stay upon such terms and at such times
as the court directs. The court may further require the defendant, as a condition of such stay, to give a
bond in such amount and with such sureties as the court directs, conditioned upon the defendant's
faithful performance of the conditions of the stay. Upon the failure of the defendant to perform any of
the conditions of stay, the plaintiff may file an affidavit executed by the plaintiff or attorney, stating the
facts of such default, and the writ of restitution may forthwith be issued.
(d) Writ of restitution; form and contents. The writ of restitution shall be in the name of the
court, sealed with its seal, signed by its clerk, directed to any authorized law enforcement officer and in
substantially the following form:
BAD RIVER TRIBAL COURT
THE BAD RIVER TRIBE To any law enforcement officer:
The plaintiff,______________________, of _____________________ recovered a
judgment against the defendant, ____________________________
of_____________________, in an eviction action in the Bad River Tribal Court, on the
_____________day of___________________, ______, to have restitution of the following
described premises:
_________________________(description as in complaint), located on the Bad River
Reservation, in Ashland County, Wisconsin.
YOU ARE HEREBY COMMANDED To immediately remove the defendant,
______________________, from the said premises and to restore the plaintiff,
___________________________, to the possession thereof. You are further commanded to remove
from said premises all personal property not the property of the plaintiff, and to store and dispose of the
same according to law, and to make due return of this writ within ten days.
Witness the Honorable_____________________________, Judge of the Bad River Tribal
Court this _____ day of_______________________, ______.
SECTION 124.25 - APPEAL
Appeals may be taken only as provided under Chapter 121, except that notice of appeal under
Section 121.9 must be filed within 15 days of the entry of judgment or order for writ of restitution
appealed from. No stay of the judgment or writ of restitution may be granted to the defendant under
Section 121.10(d) unless security for all rents, costs, and fees due, and all rent to be due during the
pendency of the appeal is provided upon terms acceptable to the court.
SECTION 124.26 - EXECUTION OF WRIT OF RESTITUTION
(a) All writs executed by a county sheriff shall be performed pursuant to sec. 799.45, Wis.
Stats.
(b) In all writs executed by an officer action under tribal authority the officer shall:
(1) (A) Remove from the premises described in the writ the person of the
defendant and all other persons found upon the premises claiming under the defendant, using such
reasonable force as is necessary.
(B) Remove from the premises described in the writ, using such reasonable
force as may be necessary, all personal property found therein not the property of the plaintiff.
(C) Exercise ordinary care in the removal of all persons and property from
the premises and in the handling and storage of all property removed therefrom.
(2) In accomplishing the removal of property from the premises described in the
writ, the officer is authorized to engage the services of a mover or trucker.
(A) Except as provided in par. (B), the property removed from such premises
shall be taken to some place of safekeeping within the county selected by the officer. Within 3 days of
the removal of the goods, the officer shall mail a notice to the defendant as specified in sub. (3) stating
the place where the goods are kept and shall deliver to the defendant any receipt or other document
required to obtain possession of the goods. Warehouse or other similar receipts issued with respect to
goods stored by the officer under this subsection shall be taken in the name of the defendant. All
expenses incurred for storage and other like charges after delivery by the officer to a place of
safekeeping shall be the responsibility of the defendant, and any person accepting goods from the
officer for storage under this subsection shall have all of the rights and remedies accorded by law
against the defendant personally and against the property stored for the collection of such charges.
Risk of damages to or loss of such property shall be borne by the defendant after delivery by the officer
to the place of safekeeping.
(B) When, in the exercise of ordinary care, the officer determines that property
removed from premises described in the writ is without monetary value, he may deliver or cause the
same to be delivered to some appropriate place established for the collection, storage and disposal of
refuse. In such case he shall notify the defendant as specified in sub. (3) of the place to which the
goods have been delivered within 3 days of the removal of the goods. The exercise of ordinary care by
the officer under this subsection does not include searching apparently valueless property for hidden or
secreted articles of value.
(3) Manner of giving notice to defendant. All notices required by sub. (2) to be
given to the defendant by the officer shall be in writing and shall be personally served upon the
defendant or mailed to the defendant at the last-known address, even if such address be the premises
which are the subject of the eviction action.
(4) Return of writ; taxation of additional costs.
(A) Within 10 days of the receipt of the writ, the officer shall execute the writ
and perform all of the duties required by this section and return the same to the court with the officer's
statement of the expenses and charges incurred in the execution of the writ and paid by the plaintiff.
(B) Upon receipt of the returned writ and statement from the sheriff, the clerk
shall tax and insert the judgment as prescribed by Section 122.13 the additional costs incurred by the
plaintiff.
(5) Prior to executing a writ of restitution, the officer may require that the plaintiff
deposit a reasonable sum representing the probable cost of removing defendant's property, based upon
the reasonable removal and storage expenses of personal property and an officer's fee of $10.00 per
hour spent on the execution of the writ.
SECTION 124.27 - COSTS RECOVERABLE
Costs shall be taxed and recovered as set forth in Section 122.13, plus fees charged to plaintiff
by sheriff or other officer under Section 124.25(5).
SECTION 124.28 - DISCLOSURE OF ASSETS
In any eviction action in which a claim, counterclaim or cross claim for damages is included
and upon which judgment is entered awarding damages, the requirements of Section 122.11 for
disclosure of assets shall apply.
CHAPTER 125 - CHILDREN'S CODE
SECTION 125.01 - PURPOSE
Children are the most important asset of the Bad River Tribe. In them lie the Tribe's future, and
in their retention of Chippewa culture lies the preservation of the Tribe's past. Their health, safety, and
welfare are paramount to the Tribe. It is the policy of the Tribe to strengthen family structures, to
prevent family breakups, and to foster conditions favorable to the growth, spirit, culture, and
individuality of each child. A child without knowledge of the past is directionless in the path forward;
a child without a nurturing present is denied the strengths that lead to the future. It is the Tribe's policy
to favor preventive action over belated reaction, mediation over confrontation, counseling over
lecturing, conciliation over punishment - but in all decisions made under this code the welfare of the
child shall be the ultimate touchstone.
SECTION 125.02 - AUTHORITY
This chapter is created under art. VI, sec. (1), Bad River Constitution.
SECTION 125.03 - CONSTRUCTION
(a) This Chapter shall be liberally construed to effect the purposes stated in Section. 125.01.
(b) This chapter shall be interpreted to comport with the customs and traditions of the Bad
River Tribe. If the customs and traditions of the Bad River Tribe are inconclusive in any matter,
federal law and law of the State of Wisconsin may be used for guidance.
(c) Except as inconsistent with any provision of this chapter, the provisions of chapters 101
through 123 shall apply to any proceeding initiated hereunder.
SECTION 125.04 - CHILDREN'S COURT
(a) There is hereby established a Bad River Children's Court exercising jurisdiction
pursuant to this chapter.
(b) The chief judge and any associate judges of the Bad River Tribal Court shall serve as
judges of the Children's Court.
(c) All proceedings in Children's Court shall be designated as "In the interest of
________________________________, a child."
(d) In the event that a proceeding is transferred to the Children's Court from any other court,
the Children's Court may require conformity with the substantive and procedural law of the Tribe, and
shall permit amendment of pleadings and other actions necessary to effect jurisdiction over the child
and for conformity with this chapter.
(e) All records of the Children's Court shall be confidential. No person other than a party or
a party's representative shall have access to court records, absent permission of the Children's Court.
SECTION 125.045 - FULL FAITH AND CREDIT TO OTHER JURISDICTIONS
(a) The Children's Court, Child Welfare Coordinator and other officials of the Bad River
tribal government shall grant the public acts, records and judicial proceedings of other entities
applicable to Indian child welfare proceedings full faith and credit to the same extent such entities give
full faith and credit to the public acts, records and judicial proceedings of the Tribe.
(b) Without limitation to subsection (a) above, the Children's Court may, upon petition,
accept a case originally brought in another court. Cases not accepted by the Children's Court within 60
days of the entry of the order transferring the case shall be deemed a declination of the case. The
Children's Court may decline or waive jurisdiction over a child at any time and may grant hearings
upon a motion to decline or waive jurisdiction.
(c) Upon entry of the order transferring the case, dispositional orders in effect when the
case was transferred to the Children's Court shall have the same effect as if they had issued from the
Children's Court, regardless of whether the Children's Court would in fact have had the power to make
the order. Regardless of the law of other jurisdictions, the Children's Court may modify, extend,
suspend or terminate any order issued in a transferred judicial proceeding pursuant to Section 125.18 of
this Chapter.
(d) Nothing in this section shall be construed to conflict with subsection 124.04(d) of this
Chapter.
SECTION 125.05 - JURISDICTION
(a) The Children's Court shall have jurisdiction over a child upon a petition filed by any
person with an interest in the child alleging that the child is a child in need of care because one or more
of the following conditions exist:
(1) The child is the victim of or in danger of physical or emotional harm by other
than accidental means, except that any child who is or may be the victim of sexual abuse or
exploitation may be referred to appropriate state or county agencies or services.
(2) The child is or may be deprived of necessary custodial, medical, or other care for
reasons other than poverty.
(3) The child has been abandoned by identified or unidentified parents, unless
provision for necessary custodial, medical, and other care has been satisfactorily arranged and
maintained.
(4) The child is habitually truant from home and either the child or parent, guardian
or relative in whose home the child resides signs the petition requesting jurisdiction.
(5) The child is habitually truant from school, and the school attendance officer
attests that the activities required under sec. 118.16(5), Wis. Stats., or the applicable law in the
jurisdiction if not in Wisconsin, have been completed.
(6) The child's parent, court-appointed guardian, or custodian signs a petition
alleging that he or she is unable to provide necessary custodial care or make appropriate provision for
the child's special custodial, medical or other specified needs after consultation with the Child Welfare
Coordinator.
(7) The child's parent has failed to maintain an appropriate parental role or has failed
to maintain significant contact with the child for a period of one year.
(8) The child is under 12 years of age and has violated tribal, state, or federal law.
(9) The child has been placed for care or adoption in violation of law.
(10) The child is without a parent or guardian..
(11) The child is receiving inadequate care during the period of time a parent is
missing, incarcerated, hospitalized, or institutionalized.
(12) The child is suffering from alcohol or other drug abuse, for which the parent is
unwilling or unable to provide appropriate treatment.
(13) The child has not received immunizations as required by law.
(b) In addition to jurisdiction granted by other sections of this Chapter, the Children's Court
shall have jurisdiction to:
(1) Order a law enforcement officer or the child welfare coordinator to take a child
into custody pursuant to Section 125.10(b) and conduct other proceedings called for in Sections 125.10
to 125.13 inclusive.
(2) Terminate the parental rights of a parent of a child pursuant to Section 125.21.
(3) Appoint a guardian for a child pursuant to Section 125.22.
(4) Enter an order of adoption resetting the parental relations of a child pursuant to
Section 125.23.
(5) Conduct any other proceedings not contrary to express tribal law necessary to
exercise delegated and inherent authority held by the tribe to protect child members of the tribe and
children eligible for tribal membership.
(c)(1) In addition to jurisdiction granted by other sections of this Chapter, the Children's Court
shall have jurisdiction over persons 18 years or older alleged to have contributed to, encouraged, or
tended to cause, by act or omission, a condition of a child as described in Section 125.05(a).
(c)(2)(i) The Children's Court may make orders with respect to any person 18 years or
older who has contributed to, encouraged, or tended to cause, by any act or omission, a child to be a
child in need of care, whether or not the child is actually adjudicated a child in need of care, if the
natural and probable consequences of the act or failure to act would be to cause the child to be a child
in need of care.
(c)(2)(ii) No order with respect to any person 18 years or older may be entered until the
person is given an opportunity to be heard upon the allegation against him or her. Such person shall be
served no less than ten day prior to a hearing under this subsection with written notice of the time,
place, and purpose of the hearing. Any such person who fails to comply with any order issued by the
Children's Court under this subsection may be proceeded against for contempt of court.
(d) The Children's Court shall have continuing jurisdiction, subject to Section 125.13 and
125.16(h), over a child who is determined to be subject to this chapter and shall have the power to
modify or dismiss previous orders, expunge the child's records, or consider petitions based on new
evidence concerning the child.
(e) The child welfare coordinator is an officer of the Children's Court and has the authority
to receive referrals, investigate reports, ascertain whether a child is probably subject to this chapter,
take a child into emergency custody to protect the child's safety or welfare, file petitions, represent the
Tribe in matters before the Children's Court, enter into consensus dispositions on behalf of the Tribe,
and to report as required by the Court on the conditions of a child who is subject to this chapter.
(f) Whenever an order rendered under this chapter conflicts with a custody, physical
placement, or other family court order rendered by any court, the order under this chapter shall take
precedence. Nothing in this chapter shall be construed to limit the power of the Court to have
jurisdiction over a child under other sections of this Code or other law.
SECTION 125.055 - WAIVER OF JURISDICTION ON PROTEST OF CHILD'S TRIBE
When a petition is filed regarding an Indian child who is domiciled on the Reservation but who
is not a member of or eligible for membership in the Bad River Tribe, the party filing the petition shall
notify the child's tribe, or any tribe(s) in which the child is eligible for membership. Any party filing
any document in the case shall serve the child's tribe(s) with the document. If a child's tribe objects to
the jurisdiction of the Bad River Tribal Court prior to the entry of a final judgment in the case, the
Court shall waive jurisdiction over the child. Such a child shall be deemed an ineligible child subject
to section 125.24.
SECTION 125.06 - DEFINITIONS
For purposes of the Code, the following definitions shall apply:
(a) "Child" shall mean a person under 18 years of age who is:
(1) A member of or is eligible for membership in the Bad River Band of the Lake
Superior Tribe of Chippewa Indians, whether or not resident or domiciled on the Reservation and
whether or not the subject of a child welfare proceeding in any court; or
(2) Any Indian child who is not a member of or eligible for membership in the Bad
River Band of the Lake Superior Tribe of Chippewa Indians, but who is domiciled on the Bad River
Reservation, provided that the child's parents or legal guardian consent to any jurisdiction exercised by
the Bad River Tribe, except that no child who is the subject of a proceeding in any other court shall be
deemed a child subject to this chapter, unless such proceeding is properly transferred to the Children's
Court.
(b) "Guardian" means a person appointed by any court to be guardian of a child's person.
(c) "Custodian" means a person having care and custody of child under any arrangement
with the child's parent or guardian or pursuant to order of court.
(d) "Extended family" shall include persons over 18 years of age who are a child's brother,
sister, step-parent, grandparent, aunt, uncle, first cousin, niece, or nephew.
(e) "Law enforcement officer" includes any tribal, state or county social worker, peace
officer, military or other security official of any jurisdiction within the boundaries of the United States
and Canada
(f) "Child welfare coordinator" means the director of the Indian Child Welfare Office of the
Bad River Band of the Lake Superior Tribe of Chippewa Indians or his or her designee
(g) "Secure custody" means a locked facility approved by the child welfare coordinator and
tribal attorney for the secure, temporary holding in custody of children..
(h) "Person with an interest in a child" means the child if 14 years of age or over, the child's
parent, guardian, or a custodian, a member of the child's extended family, a law enforcement or
conservation officer when jurisdiction under Section 124.05(a)(8) is alleged, and the child welfare
coordinator.
(i) "Child welfare proceeding" has the meaning given to "child custody proceeding" in Title
23, United States Code 1903(1) (1992) and shall be defined to encompass all delegated and inherent
power held by the Bad River tribal government applicable to child welfare proceedings.
SECTION 125.07 - PRE-PETITION PROCEDURE
(a) Any person may inform the child welfare coordinator of facts suggesting a child is in
need of care, whereupon the child welfare coordinator shall investigate such facts and either file a
petition or tell the complainant the reasons why not, provided that the child welfare coordinator shall
not disclose any confidential information or any information which is not in the child's interest to
disclose. If the child welfare coordinator decides to not file a petition under Section 125.14, he or she
may attempt to obtain an Informal Resolution rather than declining all further proceedings.
(b) All Informal Resolutions shall be in writing, shall clearly state all of the obligations of
each of the parties in such a way that their performance may be determined, shall include the effective
period of the Resolution, shall bear the signatures of the child welfare coordinator, the child if over
twelve years of age, and the parent or parents having legal custody or physical placement rights, and
any guardian. All parties to an Informal Resolution shall receive a copy of it.
(c) The existence of an Informal Resolution shall not preclude the filing of a petition under
Section 125.14 if any party fails to comply with the Resolution or if any new factor or newly
discovered factor requires the filing of the petition for the protection of the child's best interests.
(d) Any Informal Resolution which includes an out-of-home placement shall be filed with
the court the and shall be reviewed by the court within six months of its effective date, and thereafter
within six months of each judicial review.
(e) At any time after the filing of a petition under Section 125.14 the parties may by
stipulation resolve any matter, subject to the approval of the Court.
SECTION 125.08 - PARTIES
(a) In the absence of a court order to the contrary, parties to a Children's Court proceeding
held in the interest of a child shall be the child, the Tribe by the child welfare coordinator, and the
child's parents, guardians, and custodians. For the purpose of this chapter, persons who are parties to a
Children's Court proceeding are deemed "affected persons." After a termination of parental rights, no
parent whose rights have been terminated shall be entitled to notice of any further proceedings
regarding the child, except as the court may deem appropriate.
(b) The Court shall, in all proceedings where a conflict exists among the parties, appoint a
guardian ad litem to represent, for purposes of the proceeding, the interests of the child. Appointment
shall be made upon filing of the petition, and shall only be of an adult whom the Court is satisfied is
familiar with this chapter and with the procedures of the Court, and will sincerely and competently
represent the child. The guardian ad litem shall be compensated at a rate set by order of the Children's
Court.
(c) In all proceedings before the Court, the child welfare coordinator shall represent the
interests of the Bad River Tribe. The child welfare coordinator may be represented by the tribal
attorney or other attorney appointed by the Tribe to represent its interests before the Children's Court.
(d) Any party to a proceeding under this chapter may be represented by an attorney at the
party's expense, provided the attorney is admitted to practice before the Bad River Tribal Court.
(e) Upon a showing of good cause, and if the best interests of the child so indicate, the
Court may allow or invite persons other than affected persons entitled to notice under Section
125.08(a) to intervene and participate in any or all phases of the proceeding.
SECTION 125.10 - TAKING A CHILD INTO CUSTODY
(a) Any law enforcement officer, or the child welfare coordinator, may take a child into
custody under circumstances in which the officer or coordinator reasonably believes:
(1) The child has run away from his or her parents, guardians, or custodians.
(2) The child is suffering from illness or injury or is in immediate danger from his or
her surroundings and removal from these surroundings is necessary.
(3) The child will cause injury to self or another, or to the property of another, or be
subject to injury by another.
(4) The child's parent, guardian, or custodian, is unavailable, unwilling, or unable to
provide necessary supervision or care such that the child's safety or well-being is at imminent risk.
(5) The child will run away or be taken away so as to be unavailable for convenient
further Children's Court proceedings.
(b) Any law enforcement officer or the child welfare coordinator shall take a child into
custody upon written order of the Children's Court, which may be entered upon a verified petition
showing that the welfare of the child demands the child's immediate removal from his or her present
placement or custody. A petition for an order to take a child into custody may only be filed by the
child welfare coordinator.
(c) Any person taking a child into custody under this section shall immediately attempt to
notify the parent, guardian or custodian by the most practical means, and shall continue to make such
attempts until notification is made. Any law enforcement officer acting under this section shall also
immediately attempt to notify the child welfare coordinator. If the child is physically transferred to the
child welfare coordinator, the coordinator shall thereafter continue notification attempts until
notification is made.
(d) If the person taking a child into custody, or the child welfare coordinator, believes the
child to be in need of prompt medical diagnosis or treatment, that person shall deliver the child to a
hospital or physician, for that purpose.
SECTION 125.11 - RELEASE FROM CUSTODY
(a) Any child taken into custody shall be released as soon as it is possible to do so, while
protecting the child from the conditions causing the taking into custody.
(b) The person taking a child into custody, or the child welfare coordinator, shall attempt to
immediately release the child to his or her parent, guardian, or custodian, unless such release is
inconsistent with the child's best interests, or, if the parent, guardian, or custodian is unwilling or
unable to receive such child, to a responsible adult, with suitable counsel, advice, or warning, in which
case the name and address of the person to whom the child has been released shall be immediately
given to the parent, guardian, or custodian, unless there is reason to believe the release of such
information will endanger the child or the person to whom the child has been released. If the
procedure given in Sections 125.12, 125.13 and 125.17(a) is not followed, the child's parent, guardian
ro custodian shall have a right to exercise custody and supervision over the child.
SECTION 125.12 - HOLDING A CHILD IN CUSTODY
(a) A child may be held in custody if the child welfare coordinator has probable cause to
believe that any of the conditions enumerated in Section 125.10(a) or (b) exists.
(b) No child shall be held in secure custody unless the child consents to secure custody in
order to protect him or her from an imminent physical threat from another, and such secure custody is
ordered by the Children's Court.
(c) A child may be held in custody in any of the following places:
(1) The home of a parent or guardian.
(2) The home of a relative.
(3) The home of a custodian.
(4) The home of another responsible adult.
(5) A licensed foster home provided the placement does not violate the terms of the
license.
(6) A licensed group home provided the placement does not violate the terms of the
license.
(7) A nonsecure facility operated by a child welfare agency.
(8) A hospital or physician's office.
(9) A drug or alcohol treatment facility.
(d) The child welfare coordinator shall immediately notify the child's parent, guardian, or
custodian that the child is in custody, the reasons for the custody, and the location of the child unless
there is reason to believe that such information will present imminent danger to the child.
SECTION 125.13 - HEARINGS FOR CHILD IN CUSTODY
(a) For any child who has been taken into custody and not released under Section 125.11, a
hearing shall be held to determine whether the criteria exist under Section 125.10 to 125.12 to continue
holding the child in custody. The hearing shall be held within 24 hours of the time the child is taken
into custody, excluding Saturdays, Sundays, holiday, any time after 4:00 p.m. of the day preceding any
such day, and any time before 9:00 a.m. of the day succeeding any such day. A petition under Section
125.14 shall be filed before or at the hearing. All reasonable steps shall be taken to notify the child's
parents, guardian, and custodian of the hearing. If the parent, guardian, and custodian does not receive
actual notice, he or she may request a rehearing by right if the child is still under the court's jurisdiction
or the issue is not otherwise moot.
(b) If, within the time provided by Section 125.13(a), no hearing is held, or no petition is
filed, the child shall be released from custody, unless the court finds either ex parte or at a
post-deadline hearing that probable cause exists to believe that the child is in imminent danger to self
or another, or that the child's parent, guardian, or custodian is unwilling or unable to provide adequate
supervision and care, in which case one 48 hour extension may be granted during which time the child
shall remain in custody pending the filing of a petition. Ex parte findings of probable cause shall be
reconsidered, and an opportunity to present oral and written evidence and argument shall be provided,
by right, if any affected person requests reconsideration or hearing. Hearings under this subsection
may be conducted by telephone.
(c) The hearing required under this section may be waived by the child's parents, guardians,
or legal custodians or, if the child is over 12, by the joint waiver of the above and of the child. If a
guardian ad litem is subsequently appointed for the child, or if the parents, guardian, or legal
custodians subsequently retain counsel, such waiver may be subsequently withdrawn and a hearing
demanded, which shall be scheduled as soon as practicable.
(d) The petitioner shall make all practicable efforts to secure the appointment of a guardian
ad litem prior to the hearing.
(e) A copy of the petition shall be given to the child's parent, guardian, or legal custodian,
and to the child if 12 or older, as soon as practicable, and in no case later than the commencement of
the hearing.
(f) At the commencement of the hearing, the court shall advise the child, and the parents,
guardians, or custodians, of the allegations made, the possible consequences of the hearing, the right to
counsel at a party's own expense, the right to confront and cross-examine witnesses, and the right to
present witnesses.
(g) If the court finds that one or more of the conditions enumerated in Section 125.10(a) or
(b) exists, it may continue custody in any of the placements enumerated in Section 125.12. The Court
may also impose reasonable restrictions on the child's travel, association with other persons, or places
of abode, and may assign the child to the supervision of the Bad River Indian Child Welfare
Department. Reasonable restrictions may be placed upon the conduct of the parents, guardians,
custodians, or other responsible adult as necessary to secure the safety of the child. Any order entered
under this section shall be reduced to writing within ten days thereof.
(h) Any order under this section shall be subject to rehearing for good cause.
SECTION 125.14 - PETITIONS
(a) All petitions under this chapter shall be filed with the Children's Court, shall be made
under oath, and shall include the child's name, date of birth, parents' names, and child's parents' last
known addresses, and the names and addresses of all other affected persons, if known.
(b) All petitions shall allege facts upon which the petitioner asserts jurisdiction exists. No
petition shall be sufficient if it merely reiterates the language of the Code section invoked, but shall
include reference to the specific subsection of the Code section upon which petitioner alleges
jurisdiction.
(c) No petition filed by the child welfare coordinator shall be deemed insufficient on
account of hearsay, provided that there is a sufficient indication alleged of the declarant's reliability.
(d) All petitions shall be filed with the clerk of court, with copies served, by the petitioner,
on the child welfare coordinator and all parties who may be affected by an order concerning the subject
child.
(e) Unless impracticable or ineffective, petitions shall be served personally or by first class
mail.
SECTION 125.15 - INITIAL HEARING
(a) Upon petition by the child welfare coordinator or any party pursuant to Section
125.05(b), the court shall schedule an initial hearing. The hearing shall be scheduled within ten days
of the date of the petition in the case of a child held in custody, and within 30 days of the date of the
petition in all other cases. All affected persons and the child welfare coordinator shall be served
notice of this and all other hearings and shall be given a reasonable opportunity to prepare and be
heard.
(b) Any affected person has the right to be represented at a hearing by counsel at his or
her own expense. The petitioner shall secure the appointment by the court of a guardian ad litem for
any child who is subject of a petition. The court may, on its own motion or that of any party, appoint
a guardian ad litem for any minor parent of a child subject of a petition.
(c) At the initial hearing, the child and the parent, guardian or custodian shall be informed
of their rights as follows:
(1) The right to remain silent, although the silence may be considered adversely
against the party remaining silent.
(2) The right to confront and cross-examine witnesses.
(3) The right to counsel at the party's own expense.
(4) The right to subpoena and present witnesses.
(5) The right to have the allegations of the petition proven by clear and convincing
evidence.
(6) The right to demand for cause or pursuant to Section 104.4 a substitution of
judge, which if not made before the close of the initial hearing is deemed waived.
(d) The child and the non-petitioning parties shall state whether they intend to contest the
allegations of the petition.
(e) If no party intends to contest the allegations of the petition, the court shall set a date
for a dispositional hearing no later than 30 days from the date of the initial hearing. If all parties
consent, the court may proceed immediately with the dispositional hearing.
(f) If the petition is contested, the court shall set a date for a adjudicatory hearing no later
than 20 days from the date of the initial hearing.
(g) Before accepting an admission or a statement of no contest to a petition, the court
shall make inquiry to determine that the admission or statement is informed, voluntary, and made
with an understanding of the potential dispositions that could result from the admission or statement.
The court shall also establish whether any promises or threats were made to elicit the admission or
statement, and shall inform any unrepresented parties that a lawyer could discover defenses or
mitigating circumstances not apparent to them. The court shall also elicit a factual basis for the
admission or statement.
SECTION 125.16 - ADJUDICATORY HEARING
(a) At the adjudicatory hearing the court shall determine whether the subject child is
within the jurisdiction of the court pursuant to the allegations of the petition as shown by clear and
convincing evidence. In the event jurisdiction is found, the court shall schedule a dispositional
hearing no later than 30 days from the date of the adjudicatory hearing. If all parties consent, the
court may proceed immediately to the dispositional hearing.
(b) The jurisdiction of the court shall extend for one year plus thirty days from the date of
a finding of jurisdiction.
(c) All hearings shall be to the Court without a jury, all hearings shall be closed to the
public, and all records shall remain confidential except for good cause to the contrary shown to the
court. All proceedings shall be recorded electronically, or verbatim by a licensed court reporter.
SECTION 125.17 - DISPOSITION
(a) At any stage of a proceeding under this chapter the court may order interim
disposition for the child. Such an order may include any disposition authorized by Section
125.17(d).
(b) Upon entry of an adjudication order, the court shall determine the disposition
appropriate for the child. The child welfare coordinator and the petitioning party if other than the
child welfare coordinator, shall submit reports to the court summarizing the child's personal history,
the circumstances leading to the petition, the resources available and suitable to the child and family,
the disposition recommended, and the rationale for the disposition. The report shall specify how the
disposition is related to the circumstances leading to the petition and the role each affected person is
expected to play in the removal of such circumstances in the future. Any other party may submit
such a report. All such reports shall be filed with the court no later than four (4) days prior to the
dispositional hearing. Copies shall be provided to the child's guardian ad litem and counsel for any
party, or directly to any party not represented by counsel. No additional copies shall be made. All
copies shall be returned to the court at the close of the dispositional hearing.
(c) Any party requesting out-of-home placement of a child shall submit to the court, and
distribute as provided in subsection 125.17(b), above, a report enumerating the attempts made to
prevent an out-of-home placement, and a statement describing the efforts that will be made to make
it possible for the child to return home.
(d) In considering an appropriate disposition, the court may consider any or all of the
following factors:
(1) Special physical or emotional needs of the child.
(2) Social, cultural, or religious tradition of the child, the child's family, or the
Tribe,
(3) Availability of resources within the child's extended family,
(4) The child's preference, if the child is over 12 years of age, and the
recommendation of the guardian ad litem,
(5) The recommendation of the child welfare coordinator or any person with an
interest in the child,
(6) Recommendations of professionals experienced in services to children,
(7) Other factors calculated to meet the needs of the individual child and purposes
of this chapter.
(e) The Court may order disposition in any or all of the following ways:
(1) Counsel the child or the parent, guardian, or custodian.
(2) Remand the child to the custody of a parent, guardian, custodian, or other
responsible relative in the child's home, with supervision of the child by the child welfare coordinator
and reasonable rules of conduct by the child and the parent, guardian, custodian, or other responsible
relative.
(3) Participation of the child and/or parent or custodian in a specified counseling,
treatment, or educational program, which may include use of traditional or culturally appropriate
services or activities.
(4) Restitution in any reasonable amount for acts of the child resulting in damage
or injury to any person or the Tribe.
(5) Community service appropriate to the needs or abilities of the child.
(6) Removal of the child from the home and/or placement with a member of the
child's extended family, a tribal member licensed foster home, a licensed Indian foster home, an
institution for children approved by the Tribe, or any other foster home.
(7) Inpatient alcohol, drug, or mental health treatment for specified purposes for a
specified period of time.
(8) Any other disposition calculated to provide for physical, mental, emotional, or
developmental needs of the child.
(9) Such order may also provide for visitation by parties or extended family
members as appropriate.
(f) Any party to a proceeding under this chapter may seek and the Court of its own
motion may direct the child welfare coordinator to seek enforcement of any court order in any other
appropriate court.
(g) The Court on its own motion may waive, and any party to a proceeding under this
chapter may seek by motion and for good cause shown a waiver of, continuing jurisdiction over a
child and refer a case to any other court having, in such a case, jurisdiction.
(h) In any dispositional placement of a child, the court shall require testimony and make
findings that services designed to prevent the necessity of out-of-home placement are appropriate and
available and have been offered. This shall not require any petitioning party to prove that services
that are either not appropriate or not available through or from the Tribe have been offered,
attempted, or rejected.
(i) In any out-of-home placement, the court shall consider and make findings about the
attempts made to prevent out-of-home placement and availability or appropriateness of custodial care
within the child's extended family or with tribal members before ordering a placement in any other
home or facility.
(j) Whenever the court orders a child to be placed outside the home, the court shall orally
inform the parents who appear in court, and shall include in the written order a statement, of any
ground for termination of parental rights under Section 125.21 that may be applicable.
SECTION 125.18 - EXTENSIONS AND MODIFICATIONS
(a) At any time in the last two months of the period in which a dispositional order issued
by the Children's Court or issued by another court and subsequently transferred to the Children's
Court is effective, any person with an interest in the child, or any person who was a party to the
original proceedings may move or petition for an extension of the court's or dispositional order.
(b) In the event a motion or petition for extension is filed within the time period specified
in Section 125.18(a), the Court may make such temporary extension orders as are necessary to
preserve its jurisdiction and to protect the interests of the child pending a full hearing on the
extension motion or petition.
(c) The scope of inquiry at the hearing on an extension is whether the conditions that
warranted the adjudication continue or whether new circumstances provide jurisdiction pursuant to
Section 125.05. If an extension is sought on the ground of new circumstances, the circumstances
justifying extended jurisdiction shall be alleged in the petition. To assist the court, parties and
guardian ad litem, parties may prepare and distribute court reports similar to those called for in
Section 125.17.
(d) Upon motion or petition by any person with an interest in the child, for good cause
shown, the Court may modify a dispositional order any time before one year after entry of the order
sought to be modified unless a shorter period is provided by the Court in the order.
SECTION 125.19 - DISCOVERY
(a) Copies of all peace officer reports, including but not limited to officers' memoranda
and witness statements, shall be made available upon request of the tribe's attorney, to counsel or to
the child's guardian ad litem prior to the initial hearing. The child, through his or her guardian ad
litem, shall be the only non-petitioning party to have access to such reports in proceedings filed under
Section 125.05(a)(8).
(b) All records relating to a child which are relevant to a proceeding under this chapter
shall be open to inspection by a guardian ad litem or counsel, upon demand, and upon presentation of
releases whenever necessary. Persons entitled to inspect records may obtain copies of them at their
expense upon permission of the custodian of the records or the court. The court may require counsel
not disclose material contained in the records to any other person if the court reasonably believes
such disclosure would be harmful to the child.
(c) Counsel and guardian ad litem shall have the right to view any videotaped oral
statement of the child upon reasonable notice.
SECTION 125.20 - PSYCHOLOGICAL AND OTHER EXAMINATIONS
The Court may in any proceeding under this chapter, order any child and the child's parents,
guardians, or custodians, to submit to a psychological, mental, or developmental examination, or to a
drug and alcohol abuse evaluation, if the court reasonably believes that any condition that may be
illuminated by such an examination would assist in the adjudication or disposition of the case. The
costs to any affected person of any such exam, if approved by the court, shall be paid by the Tribe, if
the costs are not covered by a third-party payer.
SECTION 125.21 - TERMINATION OF PARENTAL RIGHTS
(a) Termination of parental rights means that, pursuant to court order, all rights, powers,
privileges, immunities, duties, and obligations existing between parent and child are permanently
severed; however, tribal membership, rights, privileges, entitlements, or obligations shall not be
affected by such termination.
(b) Termination of parental rights may be ordered only in a proceeding where the petition
clearly states that the petitioner is seeking an order of termination of parental rights, and where the
mother and father have been summoned to appear before the Children's Court. No termination of the
parental rights of an unadjudicated or unacknowledged father may be ordered without evidence and
findings as to paternity of the child to the satisfaction of the court.
(c) Involuntary Termination. Termination of parental rights may be ordered only in cases
where the court finds that one or more of the following grounds exists:
(1) Abandonment.
(a) The child has been left without provision for care or support and
without reasonable expectation that a relative or other person would care for and support the child,
and the petitioner has investigated and cannot locate the parent, or
(b) The child has been left by the parent with a relative or other person, or
could reasonably expect that a relative or other person would provide for the child's care and support,
or the child has been placed outside the parent's home by the order of a court of competent
jurisdiction issued in a proceeding whereby the parent received either an oral or written warning that
their parental rights may be terminated in subsequent proceedings, and in either case that the parent
has failed to visit or communicate with the child for one year or longer, and that ninety days prior to
the filing of the petition for termination of parental rights the parent was notified in a written notice
to the parent's last known address that a petition would be filed; or
(2) Failure to remedy condition. The child has been under the jurisdiction of court
or courts of competent jurisdiction for at least one year and the parent has made no progress in
remedying the conditions requiring jurisdiction or the child has been under the jurisdiction of court
or courts of competent jurisdiction for at least two years and it is unlikely that the parent will remedy
the conditions requiring jurisdiction, and in either case that at least ninety days prior to the filing of a
termination of parental rights petition that parent was warned that a petition would be filed; or
(3) Abuse. The child is under the jurisdiction of the court pursuant to Section
125.05(a)(1) and the Court finds that the facts establishing jurisdiction show a pattern of repeated or
severe abuse; or
(4) Continuing denial of periods of physical placement. The parent has been
denied all periods of physical placement or visitation rights by a court or courts of competent
jurisdiction for a period of at least one year, the parent has been warned at least ninety days prior to
the filing of a petition that a petition would be filed, and there is no currently pending action to
modify the parent's physical placement or visitation rights in a court of competent jurisdiction.
(5) Failure to assume parental responsibility. The child is a non-marital child
whose father has not subsequently adopted the child or married the child's mother and who has not
established a substantial parental relationship with the child, meaning the acceptance and exercise of
significant responsibilities for the daily supervision, education, protection, and care of the child, as
evidenced by factors including but not limited to whether the father has ever expressed concern for or
interest in the support, care, or well-being of the child or mother, and whether the father has
neglected or refused to provide support.
(d) Voluntary Termination. The court may terminate the parental rights of a parent who
has given his or her informed, voluntary consent as provided in this section.
(1) The parent appears personally at a hearing and gives his or her consent, the
court explains the effect of a termination of parental rights, and the court has questioned the parent
and found to its satisfaction that the consent is informed and voluntary.
(2) If the personal appearance of the parent before the court would be impossible
or difficult, the court may accept written consent executed by the parent before an embassy or
consular official, a military judge, or any judge of a court of record of another jurisdiction, and the
consent is accompanied by the official's or judge's written findings that the parent was questioned
and that the consent is informed and voluntary.
(3) A person who may be but has not been adjudicated the father of a non marital
child may consent as in (1) or (2) by signing a written, notarized statement that he has been informed
of and understands the effect of a termination of parental rights and voluntarily disclaims any rights
he may have to the child, including the right of notice of further proceedings under this chapter.
(4) If the proceeding to terminate parental rights is held prior to an adoption
proceeding in which the petitioner is the child's stepparent, the parent may consent to termination of
rights as provided in (1) or (2) or by filing with the court an affidavit witnessed by two persons
stating that he or she has been informed of and understands the effect of an order to terminate
parental rights, and that he or she voluntarily disclaims all rights to the child, including the right to
notice of further proceedings under this chapter.
(5) Any minor parent stating an intent to consent to the termination of parental
rights shall have a guardian ad litem appointed for him or her by the court. The minor parent's
consent to terminate rights shall not be accepted unless joined by his or her guardian ad litem. The
consent of the guardian ad litem shall preclude later attack on the validity of the consent on the
grounds of incompetence or minority.
(e) Petition.
(1) A petition for termination of parental rights may only be filed by a child's
parent or by the child welfare coordinator.
(2) The petition commencing a proceeding for termination of parental rights shall
set forth the following facts:
1. The name, birth date, and address of the child or children.
2. The names, birth dates, and addresses of the child's parents, and the
names and addresses of any guardian or custodian.
3. A statement that consent to termination of parental rights will be given
as provided by this chapter, or a statement that consent will not be given, a statement of the specific
grounds for involuntary termination under this chapter, and a statement of facts which petitioner
alleges establish the grounds.
(f) Summons. A summons shall be filed with the petition, and shall set forth the
following:
(1) The name and birth date of the child.
(2) The nature, location, date, and time of the initial hearing.
(3) Advice that the party summoned has the right to legal counsel at the party's
own expense.
(4) Advice that failure to respond or appear at the hearing may result in a
termination of the party's parental rights.
(5) Name of petitioner, and name, address, and phone number of petitioner's
attorney, if any, or of the petitioner if unrepresented.
(g) Service.
(1) The petitioner shall cause the summons and petition to be served on the parent
or parents of the child; any person who may be the father of the child, based on statements of the
person or the mother; the guardian, guardian ad litem, and custodian of the child, as applicable; the
child, if 12 years of age or older.
(2) Personal service shall be accomplished as provided by the tribal court code no
less than seven days prior to the initial hearing or, if personal service cannot with reasonable
diligence be accomplished, by publication one time in a newspaper likely to give notice to the party,
together with mailing of the summons and petition to the party's last known address. The published
notice shall contain the following information:
i. The name of the party or parties to whom notice is given.
ii. The former address of the party or parties.
iii. The approximate date and place of conception of the child.
iv. The date and place of the birth of the child.
v. The notice shall not include the name of the mother unless the mother
consents. The notice shall not include the name of the child unless the court finds that inclusion is
essential to give effective notice to the father.
vi. Advice that the parental rights of any parent or alleged parent who fails
to appear may be terminated.
vii. Advice that any party has the right to representation by counsel at his
or her own expense.
(3) Upon motion of petitioner, the court may waive constructive notice to any
person whose identity is unknown but may be the father of the child if such notice appears unlikely
to give the father effective notice.
(h) Initial Hearing.
(1) An initial hearing shall be held on a petition to terminate parental rights no
later than 30 days after the filing of the petition. At the hearing the court shall determine whether any
party wishes to contest the petition and shall inform the parties of their rights under Section
125.15(c).
(2) If the petition is contested the court shall set a date for a fact finding hearing
no later than 45 days after the date of the initial hearing, unless all parties consent to an immediate
hearing, in which case the court may immediately so proceed.
(3) If the petition is not contested, the court shall set a date for a dispositional
hearing no later than 45 days from the date of the initial hearing, unless all parties consent to an
immediate hearing and the report required by Section 125.21(k) has been filed, in which case the
court may immediately so proceed.
(4) Any non-petitioning party shall be granted a continuance for the purpose of
consulting legal counsel.
(5) A guardian ad litem shall be appointed for the child in any contested
proceeding under this section.
(6) The court shall determine whether all interested parties, including parties who
may be the child's father, have been notified. If the court determines that an unknown person may be
the father of the child, the court shall further determine whether constructive notice will substantially
increase the likelihood of actual notice to that person. If the court so determines, it shall adjourn the
hearing and order such notice to be given. If the court determines that constructive notice will not
substantially increase the likelihood of actual notice, the court shall order that the hearing proceed.
(j) Fact Finding Hearing.
(1) At the fact finding hearing the court shall determine whether the facts alleged
in a petition that has been contested are true beyond a reasonable doubt. If the court so finds, it shall
proceed immediately to a dispositional hearing unless all parties agree to a delay or unless the report
required in Section 125.21(k) has not been completed, in which case the court shall set a hearing date
no later than 45 days after the fact-finding hearing.
(2) If disposition is delayed, the court may enter an interim disposition under
Section 125.17(a).
(k) Disposition.
(1) Prior to disposition, the child welfare coordinator shall prepare a report to the
court including a complete social, adjudicatory, and dispositional history of the child and the parent,
a statement of feasible alternative dispositions, if any, and a statement applying the standards and
factors contained in Section 125.21(k)(2). The report shall include a description of efforts made to
prevent removal of the child from the home and efforts made, if any, to return the child, and to
remedy the conditions resulting in the termination proceeding. If the report recommends termination
of both parents, or of the only living or known parent, the report shall include a statement of the
child's likelihood of adoption, listing factors that might prevent it and factors that might facilitate it,
and the interim plan and designated guardian recommended pending adoption. The report shall also
contain a medical and genetic history of the child and birth parents on a form as provided by the
Wisconsin Department of Health and Social Services.
(2) Court considerations. In making a decision about the appropriate disposition,
the court shall consider the standard and factors enumerated in this section.
(a) Standard. The best interests of the child shall be the prevailing factor
considered by the court in determining the disposition of all proceedings under this subchapter,
(b) Factors. In considering the best interests of the child under this section
the court shall consider but not be limited to the following:
i. The age and health of the child, both at the time of the
disposition and, if applicable, at the time the child was removed from the home,
ii. The wishes of the child,
iii. The duration of the separation of the parent from the child,
iv. Whether the child will be able to enter into a more stable and
permanent family relationship as a result of the termination, taking into account the conditions of the
child's current placement, the likelihood of future placements and the results of prior placements.
(3) Any party may present evidence relevant to disposition, and propose
alternative dispositions. The court shall order either disposition listed below no later than ten days
after a hearing on disposition.
(4) Upon a finding that grounds exist for a termination of parental rights the court
shall order one of the following dispositions.
(a) The court may dismiss the petition.
(b) The court may order the termination of parental rights of one or both
parents. If the rights of both parents or of the only living or known parent is terminated, the court
shall transfer guardianship of the child to the child welfare coordinator, the Wisconsin Department of
Health and Social Services, a relative of the child, with whom the child resides, if the relative has
filed a petition for adoption, or an individual who has been appointed guardian of the child by a court
of competent jurisdiction. The court may also transfer custody of the child to one of the agencies
listed above or to a relative or other individual if the child has resided in the home of that individual
for a meaningful period of time prior to the termination.
(4) The court shall inform any parent whose rights have been terminated of the
provisions of 48.432 and 48.433, Wis. Stats..
(5) Any order under this section shall be reduced to writing and filed within 30
days of its rendition.
SECTION 125.22 - GUARDIANSHIP
(a) Upon petition by any person with a legitimate interest in the welfare of the child,
including persons with an interest in the child as defined in Section 125.05(b), but excluding the
child welfare coordinator, the Children's Court may appoint a guardian for a child who is without
both parents or whose parents are unavailable for reason of incarceration or commitment or
otherwise unable to care for the child. Except when the petitioner is a person with an interest in the
child, the decision to allow a person to petition for the appointment of a guardian shall be in the
Court's discretion. The Court may impose any restriction or limitation on the powers of a guardian,
or condition its appointment on the guardian's performance of specified duties, not inconsistent with
this Chapter, it finds will help protect the child's interest.
(b) A guardian may be appointed to exercise custody and the power to make decisions of
importance to the child's health, education, support and welfare. Such a guardian shall be known as a
"guardian of the child." A guardian of the child may not manage the financial interests of the child.
(c) A guardian may be appointed to conserve the assets, income, and financial interests of
a child, subject to a duty of disclosure and reporting to the Children's Court regarding such matters
no less than annually. Any such order shall fix a date or dates for the filing of such reports and may
require the posting of a bond or other conditions to protect the child's interests. Such a guardian shall
be known as a "guardian of the child's estate." A guardian of the child may be guardian of the child's
estate or separate guardians may be appointed.
(d) A petition for guardianship shall state:
i. The name, residence, address, post office address, and date of birth of
the proposed ward, the petitioner, and the proposed guardian or guardians.
ii. The reason guardianship is sought.
iii. Whether temporary or permanent guardianship is sought.
iv. The income and assets of the proposed ward.
v. Whether any guardian of the proposed ward now exists.
(e) The summons shall include the time, date, and place of hearing on the petition, and
the names of the proposed ward and guardian, the petitioner, and the petitioner's attorney, if any.
(f) The summons and petition shall be served upon any parent of the proposed ward and
any current guardian of the proposed ward.
(g) The court shall appoint a guardian ad litem for the proposed ward, who shall be
served by petitioner with a copy of the summons and petition.
(h) Any guardianship created under this chapter shall terminate upon the ward's
eighteenth birthday.
SECTION 125.23 - ADOPTION
(a) Upon entry of the order of adoption, the relation of parent and child together with all
the rights, duties, and other legal consequences of the natural relation of parent and child exist
between the adoptive parents and adopted child.
(b) Any child, as defined in Section 125.06, may be adopted.
(c) The following are eligible to adopt a child:
(1) A husband and wife jointly, or either if the other spouse is a parent of the
child,
(2) An unmarried person who is at least 18 years of age,
(3) In the case of a child whose parents are not married, the child's natural father.
(4) Two unmarried persons co-habitating for a substantial period of time as a
married couple.
(d) The consent of the following are required for adoption:
(1) The child if 13 years or older,
(2) The parent or parents if living including the adjudicated or acknowledged
father of a child born out of wedlock, unless parental rights have been terminated.
(e) A proceeding for adoption shall be commenced by the filing of a verified petition
which shall include:
(1) The name, address and date of birth, or expected date of birth, of the child to
be adopted.
(2) The name, address, and age of the birth parents and of the proposed adoptive
parents.
(3) The name and address of the petitioner and his or her relationship to the child.
(4) The identity of all persons or agencies which solicited, negotiated, or arranged
for the adoption on behalf of any party.
(5) A report of all transfers of anything of value made or agreed to be made by the
proposed adoptive parents or on their behalf in connection with the birth of the child, the placement
of the child with the proposed adoptive parents, the medical or hospital care received by the child or
by the child's mother in connection with the birth of the child and any other expenses, including the
estimated legal expenses, of either the child's parent or the proposed adoptive parents. The report
shall itemized and shall show the services relating to the adoption or to the placement of the child for
adoption which were received by the proposed adoptive parents, by either parent, by any other person
to whom payment was made by or on behalf of the proposed adoptive parents. The report shall also
include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency
or other person or organization receiving any funds from the proposed adoptive parents in connection
with the adoption or the placement of the child with them.
(6) A statement of the tribal membership, if any, of each of the birth parents and
each of proposed adoptive parents.
(7) The domicile of each of the birth parents, and the facts supporting the
statement of domicile.
(8) Whether the birth parents' parental rights are terminated; if not that a petition
for voluntary termination has been filed and that consent will be given. If rights have been
terminated, a certified copy of the court order terminating the rights shall be attached to the petition.
(f) Upon receipt of a petition, the clerk of court shall set a date for hearing not later than
60 days from the date of filing. The petitioner shall serve notice of hearing on the child's guardian, or
custodian, the natural parents if their parental rights have not been terminated, and the child welfare
coordinator.
(g) Upon receipt of the petition, the child welfare coordinator shall perform an
investigation as to the suitability of the petitioner as the child's adoptive parent. The coordinator
shall complete the report and file it with the court, providing a copy to the petitioner no less than ten
days before the hearing. If the report is unfavorable or discloses a situation which in the court's
opinion raises a serious question as the to the suitability of the proposed adoption, the court may
appoint a guardian ad litem for the child who shall make an independent recommendation.
(h) At a hearing, the presence of the petitioners and if the minor if 14 or older, shall be
required unless the court orders otherwise. The court shall determine from the child welfare
coordinator's report and any evidence presented by the petitioners or the child's guardian whether the
petitioners are suitable adoptive parents. The court shall receive evidence from interested parties and
if it determines that granting the petition is in the child's best interest, it shall so order.
(i) Temporary order: Final Judgment
(1) The court may issue a temporary order giving the care and custody of the child
to the petitioners pending the further order of the Court; provided, that if the child is a close blood
relative of one of the petitioners, or is a stepchild of a petitioner or has been living in the home of the
petitioner for more than 1 year preceding the date of filing the petition for adoption, the Court may
waive the entry of a temporary order, and immediately enter a final judgment for adoption.
(2) Where a temporary order is entered, the child welfare coordinator may observe
the child in his home and report to the Court within 6 months on any circumstances or conditions
which may have a bearing on the child's adoption or custody.
(3) Upon application by the petitioner after 6 months from the date of the
temporary order, or upon the Court's motion at any time, the Court shall set a time and place for
additional hearing. Notice of the time and place of the hearing shall be served on the child welfare
coordinator, the child, and the petitioners. The child welfare coordinator may file with the Court a
written report of its findings and recommendations and certify that the required investigation has
been made since the granting of the temporary order. After such hearing, if satisfied that the
adoption is in the best interests of the child, the Court may enter a final judgment of adoption.
(4) The final order shall include a provision ordering the adoptive parents to
maintain the child's relationship to the Tribe.
SECTION 125.24 INELIGIBLE CHILDREN
(a) Any child who does not fall within the definition of "child" under section 125.06(a),
or whose tribe has objected to jurisdiction under section 125.055, shall be subject to this chapter only
if present on the Bad River Reservation and only for the following purposes:
(1) Taking into custody for the purpose of protecting the ineligible child from
imminent physical or emotional harm,
(2) Making emergency placement necessary to protect the child,
(3) Referral or placement to an appropriate tribal, state, or other child welfare
agency.
(b) A report of the conditions requiring action under subsection (a) shall be filed
immediately with the Ashland County Department of Social Services.
SECTION 125.25 - INDIAN CHILD WELFARE ACT
(a) The child welfare coordinator is designated as agent for service of notices concerning
child welfare proceedings as provided under the Indian Child Welfare Act.
(b) Upon receipt of such notice, the child welfare coordinator may consult with such
tribal staff as may be necessary to determine the eligibility of the child named in such notices.
(c) Upon a determination that the notice received concerns a child defined under this
Code, the child welfare coordinator shall consult with the Children's Court, tribal attorney, and Child
Welfare Committee for the purpose of determining whether to intervene or seek transfer of the
proceeding to the Children's Court.
(d) The child welfare coordinator shall determine whether to seek transfer, which
determination, upon petition or motion of a person with an interest in the child, may be reviewed and
reversed by the Children's Court.
(e) In any non-tribal proceeding, where transfer of jurisdiction is denied or not sought, the
child welfare coordinator shall maintain a record of all information gathered, actions taken and
documents received.
SECTION 125.26 - CHILD WELFARE COORDINATOR
(a) Duties and authority. The child welfare coordinator shall have the following authority
and duties:
(1) To represent the Tribe in all tribal proceedings concerning the child under this
code,
(2) To represent the Tribe in proceedings concerning the welfare of any child as
defined under this code in any foreign court or agency proceeding,
(3) To maintain records and establish procedures to maintain confidentiality of
such records,
(4) To negotiate agreements for services with local, state, or federal agencies,
subject to Tribal Council review and approval,
(5) To establish procedures for compliance with duties as required under this
code,
(6) To share information for statistical or service purposes in conformity with
agreements entered into,
(7) To receive and administer guardianship and custody of children under this
chapter.
(8) To make such reports as may be required to the Tribal Council or its designee,
provided that no such report that becomes a part of the Tribal public record shall contain any
identifying information concerning the child or the child's parents except as permitted by the
Children's Court.
(9) To receive as the Tribe's agent, notifications under sec. 48.981, Wis. Stats.,
and to maintain the confidentiality of such records as required by law.
(b) Immunity for acts and omissions. No liability shall attach to the child welfare
coordinator for statements, acts, or omissions while in the course of activities defined under this
code.
SECTION 125.27 - CHILD WELFARE COMMITTEE
(a) There is hereby established a Child Welfare Committee, composed of three persons
designated by the Tribal Council in executive session who shall establish procedures and guidelines
for the conduct of committee business. The child welfare coordinator, tribal attorney, and other staff
aides designated by the committee shall serve in advisory capacities to the committee, as requested
by the committee.
(b) The Child Welfare Committee shall have the authority to meet, consider the
conditions of a child alleged to be in need of care, and determine whether a case commenced in
another jurisdiction should be transferred to children's court or whether the Tribe should intervene in
the proceeding in the other jurisdiction.
(c) By this chapter and by the resolution adopting this chapter, the Child Welfare
Committee is delegated the Tribal Council's authority under 25 U.S.C. sec. 1915(c) to establish in
individual cases a different order of preference than that set forth in 25 U.S.C. sec. 1915 (a) and (b).
ENACTED BY RESOLUTION #3-8-88-128/AMENDED BY RESOLUTION #4-5-89-33/AMENDED BY RESOLUTION #5-9-95-49

CHAPTER 126 - MARRIAGE
Enacted by Resolution #9-14-90-141
SECTION 126.01 - APPLICABILITY
(a) This chapter applies to marriages performed on the Reservation, in which one or both
parties to the marriage is a member of the Tribe.
(b) The procedures set forth herein shall be exclusive as to any marriage performed on the
reservation in which both parties are members of the Tribe.
(c) The procedures set forth herein shall be concurrent with the procedures established by
the laws of the State of Wisconsin as to any marriage performed on the reservation in which one
party is not a member of the Tribe. The application for a license under this chapter constitutes the
non-member's consent to the Tribe's jurisdiction to grant such a license.
SECTION 126.02 - A CIVIL CONTRACT
Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of
the parties capable in law of contracting is essential, and which creates the legal status of husband
and wife.
SECTION 126.03 - MARRIAGEABLE AGE; WHO MAY CONTRACT
(a) Every person who has attained the age of 18 years may marry if otherwise competent.
(b) If a person is between the age of 16 and 18 years, a marriage license may be issued
with the written consent of the person's parents, guardian, legal custodian or parent having the actual
care, custody and control of the person. The written consent must be given before the clerk of court
under oath, or certified in writing and verified by affidavit (or affirmation) before a notary public or
other official authorized to take affidavits. The written consent shall be filed with the clerk of court
at the time of application for a marriage license. If there is no guardian, parent or custodian or if the
custodian is an agency or department, the written consent may be given, after notice to any agency or
department appointed as custodian and hearing proper cause shown, by the court having probate
jurisdiction.
SECTION 126.04 - WHO SHALL NOT MARRY; DIVORCED PERSONS
(a) No marriage shall be contracted while either of the parties has a husband or wife
living, nor between persons who are nearer kin than 2nd cousins except that marriage may be
contracted between first cousins where the female has attained the age of 55 years or where either
party, at the time of application for a marriage license, submits an affidavit signed by a physician
stating that either party is permanently sterile. Relationship under this section shall be computed by
the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A
marriage may not be contracted if either party has such want of understanding renders him or her
incapable of assenting to marriage.
(b) It is unlawful for any person, who is or has been a party to any action for divorce in
any court to marry again until 6 months after judgment of divorce is granted, and the marriage of any
such person solemnized before the expiration of 6 months from the date of the granting of judgment
of divorce shall be void.
SECTION 126.05 - MARRIAGE LICENSE; BY WHOM ISSUED
No persons to whom this chapter is applicable under Section 126.01(b) may be joined in
marriage within the Reservation until a marriage license has been obtained for that purpose from the
Clerk of Court. No persons to whom this chapter is applicable under Section 126.01(c) may be
joined in marriage within the Reservation until a marriage license has been obtained for that purpose
from the Clerk of Court or the Ashland County Clerk.
SECTION 126.06 - APPLICATION FOR MARRIAGE LICENSE
No person shall receive a marriage license except upon proper application upon forms
provided by the Clerk of Court.
SECTION 126.07 - FEE
No license shall be issued unless a fee of $25.00 is paid by the applicants. The fee shall be
deposited in the Tribal Court Fees and Collections Account.
SECTION 126.08 - IDENTIFICATION OF PARTIES; STATEMENT OF
QUALIFICATIONS
(1) (a) No applications for a marriage license may be made by persons lawfully
married to each other and no marriage license may be issued to such persons.
(b) Paragraph (a) does not apply to persons whose marriage to one another is void
under Section 126.04(b) and who intend to intermarry under 765.21, Wis. Stats.
(2) No marriage license may be issued unless the application for it is subscribed by the
parties intending to intermarry and is filed with the Clerk of Court.
(3) Each party shall present satisfactory, documentary proof of identification and
residence and shall swear (or affirm) to the application before the Clerk of Court. The application
shall contain such informational items as is also required by the Wisconsin Department of Health and
Social Services. Each applicant under 30 years of age shall exhibit to the Clerk a certified copy of a
birth certificate, and any applicants shall submit a copy of any judgments or a death certificate
affecting the marital status. If such certificate of judgment is unobtainable, other satisfactory
documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the
Clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an
option as to the sufficiency of the proof, to the tribal court.
SECTION 126.09 - OBJECTIONS TO MARRIAGE
(a) If any parent, grandparent, child or natural guardian of a minor applicant for a
marriage license, any brother, sister or guardian of either of the applicants for a marriage license or
either of the applicants, the Tribal Court believes that the statements of the application are false or
insufficient, or that the applicants or either of them are incompetent to marry, that person may file
with the tribal court a petition under oath, setting forth the grounds of objection to the marriage and
asking for an order requiring the parties making such application to show cause why the marriage
license should not be refused. Whereupon, the court, if satisfied that the grounds of objection are
prima facie valid, shall issue an order to show cause as aforesaid, returnable as the court directs, but
not more than 14 days after the date of the order, which shall be served forthwith upon the applicants
for the marriage license residing in the state, and upon the clerk and shall operate as a stay upon the
issuance of the marriage license until further ordered; if either or both of the applicants are
nonresidents of the state the order shall be served forthwith upon the nonresident by publication once
in the Ashland Daily Press and by mailing a copy thereof to the nonresident at the address contained
in the application.
(b) If, upon hearing, the court finds that the statements in the application are willfully
false or insufficient, or that either or both of said parties are not competent in law to marry, the court
shall make an order refusing the marriage license. If the falseness or insufficiency is due merely to
inadvertence, then the court shall permit the parties to amend the application so as to make the
statements therein true and sufficient, and upon application being so amended, the marriage license
shall be issued. If any party is unable to supply any of the information required in the application, the
court may, if satisfied that such inability is not due to willfulness or negligence, order the marriage
license to be issued notwithstanding such insufficiency. The costs and disbursements of the
proceedings under this section shall rest in the discretion of the court, but none shall be taxed against
any district attorney or family court commissioner acting in good faith.
SECTION 126.10. - MARRIAGE LICENSE, WHEN AUTHORIZED; CORRECTIONS;
CONTENTS
(a) If all the provisions of this chapter are complied with, and if there is no prohibition
against or legal objection to the marriage, the clerk shall issue a marriage license. With each
marriage license the clerk of court shall provide a pamphlet describing the causes and effects of fetal
alcohol syndrome. After the application for the marriage license the clerk shall, upon the sworn
statement of either the applicants, correct any erroneous, false or insufficient statement in the
marriage license or in the application therefor which shall come to the clerk's attention prior to the
marriage and shall show the corrected statement as soon as reasonably possible to the other applicant.
(b) The marriage license shall authorize the marriage ceremony to be performed on the
Reservation. The officiating person shall determine that the parties presenting themselves to be
married are the parties named in the marriage license. If aware of any legal impediment to such
marriage, the person shall refuse to perform the ceremony. The issuance of a marriage license shall
not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering
marriage between the parties illegal, and the marriage license shall contain a statement to that effect.
SECTION 126.11 - FORM OF MARRIAGE DOCUMENT
The marriage document shall contain such informational items as the Wisconsin Department
of Health and Social Services determines are necessary and shall agree in the main with the standard
form recommended by the federal agency responsible for national vital statistics. It shall contain a
notification of the time limits of the authorization to marry, a notation that the issue of the marriage
license shall not be deemed to remove or dispense with any legal disability, impediment or
prohibition rendering marriage between the parties illegal, and the signature of the clerk of court,
who shall acquire the information for the marriage document and enter it in its proper place when the
marriage license is issued.
SECTION 126.12 - FORM OF MARRIAGE DOCUMENT WHEN SOLEMNIZED BY
PARTIES
If the marriage is to be solemnized by the parties without an officiating person, as provided
by Section 126.13(d) the marriage document shall contain all those items and notations required by
126.13.
SECTION 126.13 - MARRIAGE CONTRACT, HOW MADE; OFFICIATING PERSON
Marriage may be validly solemnized and contracted on this Reservation only after a marriage
license has been issued therefor, and only in the following manner: by the mutual declarations of the
2 parties to be joined in marriage, made before a duly authorized officiating person and in the
presence of at least 2 competent adult witnesses other than such officiating person, that they take
each other as husband and wife. The following are duly authorized to be officiating persons:
(a) Any ordained clergyman of any religious denomination or society who continues to be
such ordained clergyman;
(b) Any licentiate of a denominational body or an appointee of any bishop serving as the
regular clergyman of any church of the denomination to which the clergyman belongs, if not
restrained from doing so by the discipline of the church or denomination;
(c) Any spiritual leader recognized as such by the community.
(d) The 2 parties themselves, by such mutual declarations, in accordance with the
customs, rules and regulations of any religious society, denomination or sect to which either of said
parties may belong;
(e) Any tribal judge, judge of a court of record or a reserve judge appointed under
Wisconsin law.
(f) Any family court commissioner or court commissioner appointed under Wisconsin
law.
SECTION 126.14 - NONRESIDENT OFFICIATING PERSON; SPONSORSHIP
Any clergyman, licentiate or appointee named in Section 126.08 who is not a resident of
Wisconsin may solemnize marriages in this state if he or she possess at the time of the marriage a
letter of sponsorship from a clergyman of the same religious denomination or society who has a
church in this state under his or her ministry.
SECTION 126.15 - DELIVERY AND FILING OF MARRIAGE DOCUMENT
The marriage document, legibly and completely filled out with unfading black ink, shall be
returned by the officiating person, or in the case of marriage ceremony performed without an
officiating person, then by the parties to the marriage contract, or either of them, to the clerk of court
within 3 days after the date of the marriage, who shall forthwith file the completed marriage
document with the Enrollment office and a copy of the same within the State of Wisconsin
Department of Health and Social Services Bureau of Vital Statistics.
SECTION 126.16 - RECORDS AND BLANKS
The clerk shall keep among the records in the office a suitable book called the marriage
license docket and shall enter therein a complete record of the applications for and the issuing of all
marriage licenses, and of all other matters which the clerk is required by this chapter to ascertain
relative to the rights of any person to obtain a marriage license. An application may be recorded by
entering into the docket the completed application form, with any portion collected only for
statistical purposes removed. The marriage license docket shall be open for public inspection or
examination at all times during office hours.
SECTION 126.17 - UNLAWFUL MARRIAGES VOID; VALIDATION
All marriages hereafter contracted in violation of this chapter shall be void, except as
provided in Sections 126.18 and 126.19. The parties to any such marriage may validate the marriage
by complying with the requirements of this chapter as follows:
(1) At any time, if the marriage is declared void under Sections 126.03 or 126.11.
(2) No earlier than 6 months after the divorce judgment is granted, if the marriage is
declared void under 126.04(b).
SECTION 126.18 - IMMATERIAL IRREGULARITIES AS TO AUTHORITY OF PERSON
OFFICIATING
No marriage hereafter contracted shall be void by reason of want of authority or jurisdiction
in the officiating person solemnizing such marriage, if the marriage is in other respects lawful, and is
consummated with the full belief on the part of the persons so married, or either of them, that they
have been lawfully joined in marriage.
SECTION 126.19 - IMMATERIAL IRREGULARITIES OTHERWISE
No marriage hereafter contracted shall be void by reason of any informality or irregularity of
form in the application for the marriage license or in the marriage license itself, or the incompetency
of the witnesses to such marriage or because the marriage may have been solemnized more than 30
days after the date of the marriage license, if the marriage is in other respects lawful and is
consummated with the full belief on the part of the persons so married, or either of them, that they
have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms
provided for in Section 126.11 and the parties thereto have immediately thereafter assumed the habit
and repute of husband and wife, and having continued the same uninterruptedly thereafter for the
period of one year, or until the death of either of them, it shall be deemed that a marriage license has
been issued as required by this chapter.
SECTION 126.20 - RECOGNITION OF PREVIOUS INDIAN TRADITIONAL MARRIAGES
All marriages heretofore consummated whether according to state law or tribal custom are
declared valid subject to annulment under applicable law. Cohabitation without solemnization by a
third party is not recognized as constituting a traditional marriage.
SECTION 126.21 - DELAYED REGISTRATION OF PREVIOUS INDIAN TRADITIONAL
MARRIAGES
(a) Both parties to an Indian traditional marriage heretofore consummated, or the
surviving party if the other is deceased, may petition the tribal court for an order causing the marriage
to be registered.
(b) The petitioner or petitioners shall file and serve a written petition stating under oath
the names of the parties to the marriage, their dates of birth, the date and place of marriage, and the
name and address, if known, of the third party solemnizing the marriage.
(c) Notice of the time, place, and date of hearing on the petition, together with a copy of
the petition, shall be served upon all interested parties. Interested parties shall include the heirs of
both parties and any other putative spouses. Service may be personal or by certified mail, return
receipt requested.
(d) The petitioners shall bear the burden of proving by a preponderance of the evidence
that the parties were parties to a traditional marriage.
SECTION 126.22 - INDIAN TRADITIONAL MARRIAGES
All marriages hereafter must comply with the provisions of this chapter.
SECTION 126.23 - REMOVAL OF IMPEDIMENTS TO SUBSEQUENT MARRIAGE
If a person during the lifetime of a husband or wife with whom the marriage is in force, enters
into a subsequent marriage contract in accordance with Section 126.11 and the parties thereto live
together thereafter as husband and wife, and such subsequent marriage contract was entered into by
one of the parties in good faith, in the full belief that the former husband or wife was dead, or that the
former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former
marriage, they shall, after the impediment to their marriage has been removed by the death or divorce
of the other party to such former marriage, if they continue to live together as husband and wife in
good faith on the part of them, be held to have been legally married from and after the removal of
such impediment and the issue of such subsequent marriage shall be considered as the marital issue
of both parties.
SECTION 126.24 - PENALTIES
(a) The following shall be subject to a civil forfeiture not less than $100 nor more than
$1,000:
(1) False statement. Any person who in any affidavit or statement made under
this chapter willfully and falsely swears, or who procures another to swear falsely in regard to any
material fact relating to the competency of either or both of the parties applying for a marriage
license, or as to the ages of such parties, if minors, or who falsely pretends to be the parent or
guardian having authority to give consent to the marriage of such minor.
(2) Unlawful issuance of marriage license. Any clerk who knowingly issues a
marriage license contrary to or in violation of this chapter.
(3) False solemnization of marriage. Any person, not being duly authorized by
this chapter who intentionally undertakes to solemnize a marriage on the Reservation or any person
who intentionally participates in or in any way aids or abets any false or fictitious marriage.
(b) The following shall be subject to a civil forfeiture not less than $100 or more than
$500:
(1) Unlawful solemnization of marriage. Any officiating person who solemnizes
a marriage unless the contracting parties have first obtained a proper marriage license as heretofore
provide; or unless the parties to such marriage declare that they take each other as husband and wife;
or without the presence of 2 competent adult witnesses; or solemnizes a marriage knowing of any
legal impediment thereto; or solemnizes a marriage more than 30 days after the date of the marriage
license, or falsely certifies to the date of a marriage solemnized by the officiating person.
(2) Unlawful solemnization by parties. Where a marriage is solemnized without
the presence of an officiating person if the parties to such marriage solemnize the same without the
presence of 2 competent adult witnesses or more than 30 days after the date of the license; or falsely
certify to the date of such marriages.
(c) The following shall be subject to a civil forfeiture not less than $10 nor more than
$200.
(1) Failure to file marriage certificate. Every officiating person, or persons
marrying without the presence of an officiating person, who neglect or refuse to transmit the original
marriage certificate, solemnized by him or them, to the clerk of court within 3 days after the date of
the marriage.
(2) Violations relating to records. Any clerk who refuses or neglects to enter upon
the marriage license docket a complete record of each application, and of each marriage license
issued from the clerk's office, immediately after the same has been made or issued, as the case may
be, or fails to keep such marriage license docket open for inspection or examination by the public
during office hours, or prohibits or prevents any person from making a copy or abstract of the entries
in the marriage license docket.
(d) The following shall be subject to a civil forfeiture not less than $10 nor more than
$50:
(1) Other violations. Any person violating any provision of this chapter for which
no other penalty is provided.
SECTION 126.25 - DEFINITIONS
(a) "Enrollment Office" means the Bad River Tribal Enrollment office.
(b) "Clerk" means the Tribal Clerk of Court.
(c) "Court" means the Tribal Court.
(d) "Reservation" means the Bad River Reservation.
(e) "Tribal Court" means the Tribal Court of the Bad River Tribe.
CHAPTER 127 - DISSOLUTION OF MARRIAGE
SECTION 127.01 - Applicability
(a) This chapter applies to dissolutions of marriage and legal separations of marriage
performed on the Reservation, in which one or both parties to the marriage is a member of the Bad
River Tribe, or to marriage performed in another jurisdiction in which both parties are members of
the Bad River Tribe, or a marriage performed in another jurisdiction in which one party is a member
of the Bad River Tribe and the party filing the action has been a resident within the exterior
boundary of the Bad River Reservation for a period of at least 60 days prior to the commencement
of the dissolution action.
(b) The procedures set forth herein shall be exclusive as to any dissolution of marriage
and/or legal separation in which one or both parties is a member of the Bad River Tribe.
(c) The procedures set forth herein shall be concurrent with the procedures established by
the laws of the Bad River Tribal Court and the State of Wisconsin where applicable, in which one
party is a non-member of the Bad River Tribe. The signed Petition by a non-member for a
dissolution of marriage under this chapter constitutes the non-member’s consent to Bad River
Tribe’s jurisdiction to grant a divorce.
SECTION 127.02 - Definitions
Tribal Court - means the Bad River Tribal Court.
Dissolution of Marriage - means the legal termination of a marriage between a husband and
wife.
Proceeding - means legal process and shall be entitled “In Re the Marriage of _______ and
________.” A custody or support proceeding shall be entitled “In Re the (Custody) (Support) of
____________________.”
Irretrievably broken - means the determination that there is no reasonable prospect for
reconciliation.
Joinder of Parties - means the uniting of two or more persons as co-plaintiffs or as codefendants
in one suit.
Maintenance/Support - means the act of maintaining, keeping up, support; livelihood; means
of sustenance.
Final Decree - means a final decision, one which leaves nothing open to further dispute and
which sets at rest the cause of action between parties.
Special Master - means a court appointed person assigned to complete a specific task on
behalf of the Court in a case.
SECTION 127.03 - Dissolution of Marriage: Findings Necessary
The Court shall enter a Decree of Dissolution of Marriage if it finds each of the following:
(1) That one of the parties at the time the action was commenced was domiciled in
Ashland County for a period at least thirty (30) days, and a resident of the State of Wisconsin for
not less than six months.
(2) That the marriage was irretrievably broken.
(3) The Court may consider, approve and make provision for child custody, the support
of any, natural or adopted, child common to the parties of the marriage entitled to support, the
maintenance of either spouse and the disposition of property.
SECTION 127.04 - Decree of Legal Separation; Findings Necessary
The Court shall enter a Decree of Legal Separation if it finds each of the following:
(1) That one of the parties at the time the action commenced was domiciled in Ashland
County for a period of at least ninety days and a resident of the State of Wisconsin for six months.
(2) The marriage is irretrievably broken.
(3) The other party does not object to a decree of legal separation. If the other party
objects to a decree of legal separation, the Court shall upon one of the parties meeting the required
domicile for dissolution of marriage, direct that the pleadings be amended to seek a dissolution of
the marriage.
(4) The Court may consider, approve or make provisions for child custody, the support
of any natural or adopted child common to the parties of the marriage entitled to support, the
maintenance of either spouse and the disposition of the property.
Section 127.05 - Annulment
No marriage may be annulled or held void except pursuant to judicial proceedings. No
marriage may be annulled after the death of either party to the marriage. A court may annul a
marriage entered into under the following circumstances:
(1) A party lacked capacity to consent to the marriage at the time the marriage was
solemnized, either because of age, because of mental incapacity or infirmity or because of the
influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into
a marriage by force or duress, or by fraud involving the essentials of marriage. Suit may be
brought by either party, or by the legal representative of a party lacking the capacity to consent, no
later than one year after the petitioner obtained knowledge of the described condition.
(2) A party lacks the physical capacity to consummate the marriage by sexual
intercourse, and at the time the marriage was solemnized the other party did not know of the
incapacity. Suit may be brought by either party no later than one year after the petitioner obtained
knowledge of the incapacity.
(3) A party was 16 or 17 years of age and did not have the consent of his or her parent
or guardian or judicial approval, or a party was under 16 years of age. Suit may be brought by the
under-aged party or a parent or guardian at any time prior to the party’s attaining the age of 18
years, but a parent or guardian must bring suit within one year of obtaining knowledge of the
marriage.
(4) The marriage is prohibited by the laws of the State of Wisconsin or the Tribe. Suit
may be brought by either party within 10 years of the marriage, except that the 10 year limitation
shall not apply where the marriage is prohibited because either party has another spouse living at
the time of the marriage and the impediment has not been removed as follows:
If a person during the lifetime of a husband or wife with whom the marriage is in force,
enters into a subsequent marriage contract and the parties thereto live together thereafter as
husband and wife, and such subsequent marriage contract was entered into by one of the parties in
good faith, in the full belief that the former husband or wife was dead, or that the former marriage
had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, if
they continue to live together as of the other party to such former marriage, if they continue to live
together as husband and wife in good faith on the part of one of them, be held to have been legally
married from and after the removal of such impediment and the issue of such subsequent marriage
shall be considered as the marital issue of both parents.
S 127.06 Pleadings; Contents; Defense; Joinder of Parties
(a) Either or both parties may petition the court for Dissolution of Marriage or Legal
Separation. The petition shall allege that the marriage is irretrievably broken and shall set forth:
(1) The age, occupation and address of each party and his/her length of domicile
in Ashland County.
(2) The date of the marriage and the place at which it was performed.
(3) The names, ages and addresses of all living children, natural or adopted,
common to the parties and whether the wife is pregnant.
(4) The details of any agreements between the parties as to support, custody and
visitation of the children and maintenance of a spouse.
(5) The relief sought.
(6) The only defense to a Petition for the Dissolution of a marriage or Legal
Separation shall be that the marriage is not irretrievably broken.
(7) The Court may join additional parties necessary for proper disposition of the
matter.
SECTION 127.07 - Temporary Order or Preliminary Injunction; Effect
(a) In a proceeding for Dissolution of marriage or for Legal Separation, or for
maintenance or support following Dissolution of Marriage, either party may move for temporary
maintenance or temporary support of a child, natural or adopted, common to the parties entitled to
support. The motion shall be accompanied by an affidavit setting forth the factual basis for the
motion and the amounts requested.
(b) As a part of a motion for temporary maintenance or support or by independent
motion accompanied by affidavit, either party may request the Court to issue a preliminary
injunction for any of the following relief:
(1) Restraining any person from transferring, encumbering, concealing or
otherwise disposing of any property except in the usual course of business or for the necessities of
life, and, if so restrained, requiring him to notify the moving party of any proposed extraordinary
expenditures made after the order is issued.
(2) Enjoining a party from molesting or disturbing the peace of the other party
or of any child.
(3) Excluding a party from the family home or from the home of the other party
upon a showing that physical or emotional harm may otherwise result.
(4) Enjoining a party from removing a child from the jurisdiction of the Court.
(5) Providing other injunctive relief proper in the circumstances.
(c) The Court may issue a temporary restraining order without requiring notice to the
other party only if it finds on the basis of the moving affidavit or other evidence that irreparable
injury will result to the moving party if no order is issued until the time for responding has elapsed.
No bond shall be required unless the Court deems it appropriate.
(d) On the basis of the showing made, and in conformity with sections 127.03, 127.04,
and 127.05, the Court may issue a preliminary injunction and an order for temporary maintenance
or support in amounts and on terms just and-proper in the circumstance.
(e) A temporary order or preliminary injunction:
(1) Does not prejudice the rights of the parties or any child to be adjudicated at
the subsequent hearings in the proceedings.
(2) May be revoked or modified before final decree on a showing by affidavit of
the facts necessary to modification of a final decree.
(3) Terminates when the final decree is entered or when the Petition for
Dissolution of Marriage or Legal Separation is dismissed.
SECTION 127.08 - Irretrievable Breakdown; Finding
(a) If both of the parties by petition or otherwise have stated under oath or affirmation
that the marriage is irretrievably broken, or one of the parties has so stated and the other has not
denied it or if the parties have voluntarily lived apart for at least 12 months immediately prior to
the Commencement of the action and at lease one party has stated under oath that the marriage is
irretrievably broken, the Court, after hearing, shall make a finding whether the marriage is
irretrievably broken.
(b) If one of the parties has denied under oath or affirmation that the marriage is
irretrievably broken, the Court shall, upon hearing, consider all relevant factors as to the prospect
of reconciliation, and shall either:
(1) Make a finding whether or not the marriage is irretrievably broken; or
(2) Continue the matter for further hearing, not more than sixty days later. The
Court, at the request of either party, or on its own motion may order a conciliation conference.
Upon review of the evidence and testimony, the Court shall make a finding whether or not the
marriage is irretrievably broken.
(c) A finding that the marriage is irretrievably broken is a determination that there is no
reasonable prospect or reconciliation.
SECTION 127.09 - Separation Agreement; Effect
(a) To promote amicable settlement of disputes between parties to a marriage attendant
upon their separation or the dissolution of their marriage, the parties shall enter into a written
separation agreement containing provisions for disposition of any property owned by either of
them, maintenance of either of them, and support, custody and visitation of their children.
(b) In a proceeding for dissolution of marriage or for legal separation, the terms of the
separation agreement, except those providing for the support, custody and visitation of children,
are binding upon the parties unless the Court finds, after considering the economic circumstances
of the parties and any other relevant evidence produced by the parties, on their own motion or on
request of the Court, that the separation agreement is unfair.
(c) Upon review, if the Court finds the separation agreement unfair as to disposition of
property or maintenance, it may request the parties to submit a revised separation agreement or
may make orders for the disposition of property or maintenance. In separating marital property,
the Court shall assign each spouse's sole and separate property to him/her. It shall also divide the
Community, joint tenancy and other property held in common equitably, though not necessarily in
kind, without regard to marital misconduct. For purposes of this section only, property acquired by
either spouse outside the Community shall be deemed to be community property if said property
would have been community property if acquired in this Community. Nothing in this section shall
present the Court from considering excessive or abnormal expenditures, destruction, concealment
or fraudulent disposition of community, joint tenancy and other property held in common.
(d) If the Court finds that the separation agreement is not unfair the court shall enter the
document in to the record and upon final disposition order the parties to abide by the agreement.
SECTION 127.10 - Maintenance: Computation Factors
(a) In a proceeding for Dissolution of Marriage or Legal Separation, the Court may
grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including property apportioned to him or her, to
provide for his or her. reasonable needs; and
(2) Is unable to support himself or herself through appropriate employment or is
the custodian of a child whose age or condition is such that the custodian should not be required to
seek employment outside the home.
(b) The maintenance order shall be in such amounts and for such periods of time as the
Court deems just, without regard to marital misconduct, and after considering all relevant factors,
including:
(1) The financial resources of the party seeking maintenance, including marital
property apportioned to him or her and his or her ability to meet his or her needs independently.
(2) The time necessary to acquire sufficient education or training to enable the
party seeking maintenance to find appropriate employment.
(3) The standard of living established during the marriage.
(4) The duration of the marriage.
(5) The age and the physical and emotional condition of the spouse seeking
maintenance.
(6) The ability of the spouse from whom maintenance is sought to or her needs
while meeting those of the spouse seeking maintenance.
(7) Excessive or abnormal expenditures, destruction, concealment or fraudulent
disposition of community, joint tenancy and other property held in common.
(8) The ability of the spouse seeking maintenance to earn a living separate from
the other spouse.
SECTION 127.11 - Child Support; Factors
(a) In a proceeding for Dissolution of Marriage, Legal Separation, Maintenance, or
Child Support, the Court may order either or both parents owing a duty of support to a child, born
to or adopted by the parents, to pay an amount reasonable and necessary for his support, without
regard to marital misconduct after considering all relevant factors, including:
(1) The financial resources and needs of the child.
(2) The financial resources and needs of the custodial parent.
(3) The standard of living the child would have enjoyed had the marriage not
been dissolved.
(4) The physical and emotional condition of the child, and his educational
needs.
(5) The financial resources and needs of the non-custodial parent.
(6) Excessive and abnormal expenditures, destruction, concealment, or
fraudulent disposition of community, joint tenancy or other property held in common.
(b) In the case of a mentally or physically disabled child, if the Court, after considering
the factors set forth in Subsection “A” deems it appropriate, the Court may order support to
continue past the age of emancipation and to paid to the custodial parent, guardian or child.
SECTION 127.12 - Representation of Child by Counsel; Fees
The Court may appoint an attorney or any other person to represent the interests of a minor
or dependent child with respect to his support, custody and visitation. The Court may enter
an Order for costs, fees and disbursements in favor of the child's representative. The order may be
made against either or both parents.
Section 127.13 - Payment of Maintenance or Support to Courts; Records
(a) Upon its own motion or upon motion of either party, the Court may order at any
time that maintenance or support payments be made to the Clerk of Court for remittance to the
person entitled to receive the payments.
(b) The Clerk of Court shall maintain records listing the amount of payments, the date
payments are required to be made, and the names and addresses of the parties affected by the order.
(c) The parties affected by the order shall inform the Clerk of Court of any change of
address.
(d) If the person obligated to pay support has left or is beyond the jurisdiction of the
Court, any party may institute any other proceeding available under the laws of this Community for
enforcement of the duties of support and maintenance.
SECTION 127.14 - Assignments
In the event a person obligated to pay child support is in arrears for at two months or more,
the Court may order the person obligated to pay child support to make an assignment of a part of
his periodic earnings or trust income to the person intitled to receive the payments. The
assignment is binding on the employer, trustee, or other payor of the funds two weeks after service
upon such person of notice that the assignment has been made. The payor shall withhold the earns
or trust income payable to the person obligated to support the amount specified in the assignment
and shall transmit the payments to the Clerk of the Court. The payor may deduct
from each payment a sum not exceeding five dollars as reimbursements for costs. An employer
shall not discharge or otherwise discipline an employee solely as a result of a wage or salary
assignment authorized by this section.
SECTION 127.15 - Costs and Expenses
The Court from time to time, after considering the financial resources of both parties, may
order a party to pay a reasonable amount to the other party for the costs and expenses of
maintaining or defending any proceeding under this chapter. For the purpose of this section costs
and expenses may include fee, of a lay advocate or attorney, deposition costs and such other
reasonable expenses as the Court finds necessary to the full and proper presentation of the action,
including any appeal. The Court may order all such amounts paid directly to the attorney or lay
advocate, who may enforce the order in his name with the same force and effect, and in the same
manner, as if the order had been made on behalf of any party to the action.
SECTION 127.16 - Decree; Finality; Restoration of Maiden Name
(a) A Decree of Dissolution of Marriage or of Legal Separation is final when entered,
subject to the right of appeal. An appeal from the Decree of Dissolution that does not challenge the
finding that the marriage is irretrievably broken does not delay the finality of that provision of the
decree which dissolves the marriage beyond the time for appealing from that provision, and either
of the parties may remarry pending appeal. An order directing payment of money for support or
maintenance of the spouse or the minor child or children, shall not be suspended or the execution
thereof stayed pending the appeal.
(b) The Court may upon hearing within six months after the entry of a Decree of Legal
Separation, convert the decree to a Decree of Dissolution of Marriage.
(c) The Court shall upon motion of either party after expiration of six months from the
entry of a legal separation, convert the decree to a Decree of Dissolution of Marriage.
(d) Upon request by a wife whose marriage is dissolved or declared invalid, the Court
shall order her maiden name or a former name restored.
SECTION 127.17 Independence of provisions of decree or temporary order
If a party fails to comply with a provision of Decree or Temporary order or injunction, the
obligation of the other party to make payments for support or maintenance or to permit visitation is
not suspended, but he/she may move the Court to grant an appropriate order.
SECTION 127.18 - Modification and Termination of Provisions for Maintenance, Support
and Property Disposition
(a) Except as otherwise provided in subsection “E” of Section 127.07 the provisions of
any decree respecting maintenance or support may be modified only as to installments accruing
subsequent to the motion for modification and only upon a showing of changed circumstances
which are substantial and continuing. The provisions as to property disposition may not be
revoked or modified, unless the Court find the existence of conditions that justify the reopening of
a judgment under the laws of this Community.
(b) Unless otherwise agreed in writing or expressly provided in the decree, the
obligation to pay future maintenance is terminated upon the death of either party or the remarriage
of the party receiving maintenance.
(c) Unless otherwise agreed in writing or expressly provided in the decree, provisions
for the support of the minor child are not terminated by the death of a parent obligated to support
the child. When a parent obligated to pay support dies, the amount of support may be modified,
revoked or commuted to a lump sum payment to the extent just and appropriate in the
circumstances.
SECTION 127.19 - Jurisdiction; Commencement of Proceedings
(a) The Bad River Tribal Court is vested with jurisdiction to child custody matters by
initial determination or by modification of the decree, if:
(1) The Bad River Reservation is the domicile of the child at the time of
commencement of the proceeding, or had been the child's domicile within six months before
commencement of the proceeding and the child is absent from Ashland County because of his/her
removal or retention by a person claiming his/her custody or for any other reason, and a parent or
person acting as parent continues to live in this/her Community; or
(2) It is in the best interest of the child that this Court assume jurisdiction
because the child and his/her parents, or the child and at least one contestant, have a significant
connection with this Community, and there is available in this/her Community substantial evidence
concerning the child's present or future care, protection, training and personal relationships; or
(3) The child is physically present on the Bad River Reservation and has been
abandoned or it is necessary in an emergency to protect him because he has been subjected to or
threatened with mistreatment or abuse or is neglected or dependent; or
(4) No other Court outside this Reservation has jurisdiction under prerequisites
substantially in accordance with Paragraph 1, 2, or 3, or another jurisdiction has declined to
exercise its jurisdiction on the ground that this Court is the more appropriate forum to determine
custody of the child, and it is in his/her best interest that this/her Court assume jurisdiction
(b) Except under Paragraphs 3 and 4 of Subsection 127.19, physical presence on this
Reservation of the child or of the child and one of the contestants, is not alone sufficient to confer
jurisdiction on a Court of the Community to make a child custody determination.
(c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction
to determine his/her custody.
(d) A child custody proceeding is comenced in the Tribal Court:
(1) By a parent, by filing a Petition:
(a) For the dissolution or legal separation; or
(b) For custody of the child; or
(2) By a person other than a parent, by filing a Petition for custody of the child,
but only if he/she is not in the physical custody of one of his/her parents.
(a) For the dissolution or legal separation; or
(b) For custody of the child; or
(e) Notice of a child custody proceeding shall be given to the child’s parent, guardian,
and custodian, who may appear, be heard, and file a responsive pleading. The Court, upon a
showing of good cause, may permit intervezition of other interested parties.
SECTION 127.20 - Best Interest of Child; Modification of Decree; Fees
(a) The Court shall determine custody, either originally or upon petition for
modification, in accordance with the best interests of the child. The Court may consider all
relevant factors, including:
(1) The wishes of the child’s parent or parents as to his/her custody.
(2) The wishes of the child as to his/her custodian.
(3) The interaction and inter-relationship of the child with his/her parent or
parents, his/her siblings, and any other person who may significantly affect the child’s best interest.
(4) The child’s adjustment to his/her home, school and community.
(5) The mental and physical health of all individuals involved.
(b) No motion to modify a custody decree may be made earlier than one year after its
date, unless the Court permits it to be made on the basis of affidavit that there is reason to believe
the child’s a present environment may endanger seriously his/her physical, mental, moral or
emotional health.
(c) Fees of attorneys or lay advocate and costs shall be assessed against a party seeking
modification if the Court finds that the modification action is pursued in bad faith and/or
constitutes harassment.
SECTION 127.21 - Temporary Orders
(a) A party to a custody proceeding may move for a temporary custody order. This
motion must be supported by pleadings as provided in Section 127.06 . The Court may award
temporary custody under the standards of Section 127.11 after a hearing, or, if there is no
objection, solely on the basis of the pleadings.
(b) If a proceeding for dissolution of marriage or legal separation is dismissed, any
temporary custody order is vacated unless a parent or the child's custodian moves that the
proceeding continue as a child welfare matter consistent with the Bad River Tribal Code and, after
a hearing, that the circumstances of the parents and the best interests of the child require that a
placement order is issued.
(c) If a placement proceeding commenced in the absence of a petition for dissolution of
marriage or legal separation is dismissed, any temporary custody order thereby is vacated.
SECTION 127.22 - Interviews By Court: Professional Assistance
(a) The Court may interview the child in chambers to ascertain the child’s wishes as to
his/her custodian and as to visitation.
(b) The Court may seek the advice of professional personnel, whether or not employed
by the Court on a regular basis. The advice given shall be in writing and shall be made available by
the Court to counsel, upon request, under such terms as the Court determines. Counsel may
examine as a witness any professional personnel consulted by the Court, unless such right is
waived.
SECTION 127.23 - Investigations and Reports
(a) In contested custody proceedings, and in other custody proceedings if a parent or the
child’s custodian so requests, the Court may order an investigation and report concerning custodial
arrangements for the child. The investigation and report may be made by a social service agency,
the staff of the juvenile court or any other person or agency appointed by the Court.
(b) In preparing his/her report concerning a child, the investigator may consult any
person who may have information about the child or potential custodial arrangements.
(c) The Court shall mail the investigator's report to counsel of the parties at least ten
days prior to the hearing, unless otherwise ordered by the Court. The investigator shall make
available to counsel of the parties the names and addresses of all persons whom the investigator
has consulted. Any party to the proceedings may call for examination of the investigator and any
person whom he/she has consulted.
SECTION 127.24 - Custody Hearings: Priority; Costs; Record
(a) Custody proceedings shall receive priority in being set for hearing.
(b) The Court may impose as costs to the parties, the payment of necessary travel and
other expenses incurred by any person whose presence at the hearing the Court deems necessary to
determine the best interest of the child.
(c) The Court shall determine questions of law and fact. It if finds that public hearing
may be detrimental to the child’s best interest, the Court may exclude the public from a custody
hearing, but may admit any person who has a direct and legitimate interest in the work of the
Court.
(d) If the Court finds that to protect the child’s welfare, the record of any interview,
report, investigation, or testimony in a custody proceeding should be kept secret, the Court may
then make an appropriate order sealing the record.
SECTION 127.25 - Visitation Rights; Exception
(a) A parent not granted custody of the child is entitled to reasonable visitation rights
unless the Court finds, after a hearing, that visitation would endanger seriously the child’s physical,
mental, moral or emotional health.
(b) The Court may modify an order granting or denying visitation rights whenever
modification would serve the best interest of the child, but the court shall not restrict a parent's
visitation rights unless it finds that the visitation would endanger seriously the child’s physical,
mental moral or emotional health.
SECTION 127.26 - Judicial Supervision
(a) Except as otherwise agreed by the parties in writing at the time of the custody
decree, the custodian may determine the child’s upbringing including his/her education, health,
care and religious training, unless, upon motion by the noncustodial parent, the Court, after
hearing, finds that in the absence of specific limitation of the custodian’s authority, the child’s
physical health would be endangered or his/her emotional development significantly impaired.
(b) If both parents or all contestants agree to the order, or if the Court finds that the
child’s physical health would be endangered or his/her emotional development significantly
impaired, the Court may order a social service agency to exercise continuing supervision over the
case to assure that the custodial or visitation terms of the decree are carried out.
SECTION 127.27 - Affidavit; Contents
A party seeking a temporary custody order or modification of a custody decree shall submit
an affidavit or verified petition setting forth detailed facts supporting the requested order or
modification and shall give notice, together with a copy of his/her affidavit, or verified petition to
other parties to the proceeding, who may file opposing affidavits. The Court shall deny the motion
unless it finds that adequate cause for hearing the motion is established by the pleadings, in which
case it shall set a date for hearing on why the requested order of modification should not be
granted.
SECTION 127.28 - Investigations
If deemed necessary, by the Court, the Chief Judge of the Bad River Tribal Court shall
appoint a Special Master or other person to carry out the following duties:
(1) Investigate the facts upon which to base warrants, subpoenas, or orders in actions or
proceedings filed in or transferred to the conciliation division pursuant to the chapter.
(2) Bold conciliation conferences with parties to proceedings under this/her chapter and
report the results of such proceedings to the Judge of the Tribal Court.
SECTION 127.29 - Subsequent Petition Filed within One Year
Once a petition by either or both of the spouses has been filed pursuant to this chapter, the
filing of any subsequent petition under such section within one year thereafter by either or both of
the spouses shall not stay any action for dissolution of marriage or legal separation then pending,
nor prohibit the filing of such action by either party. The filing of a subsequent petition by either or
both of the spouses more than one year after the filing of any previous petition with such effect
shall have the same effect toward staying any domestic relations action then pending and toward
prohibiting the filing of any such action as provided in this chapter.
ADULT GUARDIANSHIP CODE
CHAPTER 128
Adopted pursuant to Bad River Tribal Council Resolution #9-12-01-155
Amended pursuant to Bad River tribal Council Resolution 10-25-175
(expanding definition of jurisdiction)
128.01 Jurisdiction in tribal court.
Pursuant to the Bad River Tribal Constitution, Article VI Sections 1 (j) and (q), the tribal court
shall have jurisdiction over petitions for adult guardianship. A guardianship of the estate of an
adult person, once granted, shall extend to wherever any of his or her assets, whatever the nature,
are located.
128.02 Voluntary proceedings; conservators
(1) Any adult member who believes that he or she is unable to properly manage his or her property
or income may voluntarily apply to the tribal court for appointment of a conservator of the estate.
Upon receipt of the application the court shall fix a time and place for hearing the application and
direct to whom and in what manner notice of the hearing shall be given.
(2) At the time of such hearing the applicant shall be personally examined and if the court is
satisfied that the applicant desires a conservator and that the fiduciary nominated is suitable, the
court may appoint the nominee as conservator and issue letters of conservatorship to the nominee
upon the filing of a bond in the amount fixed by the court.
(3) A conservator shall have all the powers and duties of a guardian of the property of an
incompetent person. The conservator*s powers shall cease upon being removed by the court or
upon death of the person whose estate is being conserved.
(4) Any person whose estate is under conservatorship may apply to the court at any time for
termination thereof. Upon such application, the court shall fix a time and place for hearing and
direct that 10 days* notice by mail be given to the person*s guardian, if any, the conservator and the
presumptive heirs of the applicant. Upon such hearing, the court shall, unless it is clearly shown
that the applicant is incompetent, remove the conservator and order the property restored to the
applicant, or if the applicant so desires and the nominee is suitable, the court may appoint a
successor conservator.
(5) If the court shall upon such hearing determine that the person whose estate is administered by a
conservator may be incapable of handling his or her estate, the court shall order the
conservatorship continued, or if the applicant so desires and the nominee is suitable, the court may
appoint a successor conservator.
(6) Appointment of a conservator shall not be evidence of the competency or incompetency of the
person whose estate is being administered.
(7) If an application for conservatorship is filed, the fee, to be determined by the court, shall be
paid at the time of the filing of the inventory or other documents setting forth the value of the
estate.
128.03 Incompetency; appointment of guardian
(1) Whenever it is proposed to appoint a guardian on the ground of incompetency a licensed
physician or licensed psychologist, or both, shall furnish a written statement concerning the, mental
condition of the proposed ward, based upon examination. A copy of the statement shall be
provided to the proposed ward, guardian ad litem and attorney. The person shall also be informed
that he or she has a right to remain silent and that the examiner is required to report to the court
even if the person remains silent. The issuance of such a warning to the person prior to each
examination establishes a presumption that the person understands that he or she need not speak to
the examiner.
(2)
(a) 1. The proposed ward has the right to counsel whether or not present at the hearing on
determination of competency. The court shall in all cases require the appointment of a
guardian ad litem or if, at least 72 hours before the hearing, the alleged incompetent
requests; the guardian ad litem or any other person states that the alleged incompetent is
opposed to the guardianship petition; or the court determines that the interests of justice
require it. The proposed ward has the right to a trial by a jury if demanded by the proposed
ward, attorney or guardian ad litem, except if notice of the time set for the hearing has
previously been provided to the proposed ward and his or her counsel, a jury trial is deemed
waived unless demanded at least 48 hours prior to the time set for the hearing. The number
of jurors shall be six in number. The proposed ward, attorney or guardian ad litem shall
have the right to present and cross-examine witnesses, including the physician or
psychologist reporting to the court under sub.( 1). The attorney or guardian ad litem for the
proposed ward shall be provided with a copy of the report of the physician or psychologist
at least 48 hours in advance of the hearing. Any final decision of the court is subject to the
right of appeal.
2. If the person requests but is unable to obtain legal counsel, the court shall appoint
legal counsel
3. If the person is indigent, the tribe shall be liable for any fees due the guardian ad
litem and counsel.
(b) If requested by the proposed ward or anyone on the proposed ward*s behalf, the proposed ward
has the right at his or her own expense, or if indigent at the expense of the tribe to secure an
independent medical or psychological examination relevant to the issue involved in any hearing
under this chapter, and to present a report of this independent evaluation or the evaluator*s personal
testimony as evidence at the hearing.
(c) The hearing on a petition which contains allegations that the person is refusing
psychotropic drugs shall be held within 30 days after the date of filing of the petition, except that if
a jury trial demand is filed the hearing shall be held within either 30 days after the date of filing of
the petition or 14 days after the date of the demand for a jury trial, whichever is later. A finding by
the court that there is probable cause to believe that the person is a proper subject for guardianship
has the effect of filing a petition.
(d) Every hearing on a petition shall be open, unless the proposed ward or his or her attorney
acting with the proposed ward*s consent moves that it be closed. If the hearing is closed, only
persons in interest, including representatives of providers of service and their attorneys and
witnesses, may be present.
(3) In a finding of limited incompetency, guardianship of the person shall be limited in
accordance with the order of the court accompanying the finding of incompetence. If the proposed
incompetent has executed a power of attorney for health care the court shall give consideration to
the appointment of the health care agent for the individual as the individual*s guardian. The court
shall make a specific finding as to which legal rights the person is competent to exercise. Such
rights include but are not limited to the right to vote, to marry, to obtain a motor vehicle operator*s
license or other state license, to hold or convey property and the right to contract. The findings of
incompetence must be based upon clear and convincing evidence. The court shall determine if
additional medical or psychological testimony is necessary for the court to make an informed
decision respecting competency to exercise legal rights. The guardian, ward or any interested
person may at any time file a petition with the court requesting a restoration of any such legal right,
and specifying the reasons therefor. Such petition may request that a guardianship of the person be
terminated and a guardianship of property be established.
(4) When it appears by clear and convincing evidence that the person is incompetent, the court
shall appoint a guardian.
(5)
(a) If the court finds by clear and convincing evidence that the person is not competent to refuse
psychotropic medication and the allegations are proven, the court shall appoint a guardian to
consent to or refuse psychotropic medication on behalf of the person as provided in the court order
under par.(b).
(b) In any case where the court finds that the person is not competent to refuse psychotropic
medication and appoints a guardian to consent to or refuse psychotropic medication on behalf of
the person, the court shall do all of the following:
1. Order the appropriate mental health professional to develop or furnish, to provide to
the ward, and to submit to the court, a treatment plan specifying thc protective services,
including psychotropic medication as ordered by the treating physician, that the proposed
ward should receive.
2. Review the plan submitted by the mental health professional and approve,
disapprove or modify the plan.
3. If the court modifies the treatment plan under sub. 2., the court shall order the
mental health professional to provide the modified treatment plan to the ward.
4. If the court modifies the treatment plan under sub 2., the court shall order the
appropriate mental health professional to provide the modified treatment plan to the ward.
5. Order protective services.
6. Order the appropriate mental health professional to ensure that protective services,
including psychotropic medication, are provided in accordance with the approved treatment
plan.
(6) If a person substantially fails to comply with the administration of psychotropic medication,
if any, ordered under the approved treatment plan under sub. 5., the court may authorize the
person*s guardian to consent to forcible administration of psychotropic medication to the person, if
all of the following occur before the administration:
(a) The Tribal Attorney or the person*s guardian files with the court a joint statement by the
guardian and the director or the designee of the director of the treatment facility that is serving the
person or a designated mental health professional stating that the person has substantially failed to
comply. The statement shall be sworn to be true and may be based on the information and beliefs
of the individuals filing the statement.
(b) Upon receipt of the joint statement of noncompliance, if the court finds by clear and
convincing evidence that the person has substantially failed to comply with the administration of
psychotropic medication under the treatment plan, the court may do all of the following:
1. Authorize the person*s guardian to consent to forcible administration by the
treatment facility to the person, on an outpatient basis, of psychotropic medication ordered
under the treatment plan.
2. If the guardian consents to forcible administration of psychotropic medication as
specified in sub. 1, authorize the sheriff or other law enforcement agency, in the county in
which the person is found or in which it is believed that the person may be present, to take
charge of and transport the person, for outpatient treatment, to an appropriate treatment
facility.
(c) If the court authorizes the tribal police or other law enforcement agency to take charge of and
transport the person as specified in par. (b) 2., a staff member of the of the treatment facility, tribal
police department or other law enforcement official shall, if feasible, accompany the tribal police
or other law enforcement agency officer and shall attempt to convince the person to comply
voluntarily with the administration of psychotropic medication under the treatment plan.
(7) In appointing a guardian, the court shall take into consideration the opinions of the alleged
incompetent and of the members of the family as to what is in the best interests of the proposed
incompetent. However, the best interests of the proposed incompetent shall control in making the
determination when the opinions of the family are in conflict with the clearly appropriate decision.
The court shall also consider potential conflicts of interest resulting from the prospective
guardian*s employment or other potential conflicts of interest. If the proposed incompetent has
executed a power of attorney for health care the court shall give consideration to the appointment
of the health care agent for the individual as the individual*s guardian.
(8) All court records pertinent to the finding of incompetency are closed but subject to access
as determined by the court. The fact that a person has been found incompetent is accessible to any
person who demonstrates to the court a need for that information.
(9) A finding of incompetency and appointment of a guardian under this subchapter is not
grounds for involuntary protective placement.
128.04 Nomination; selection of guardians.
The court shall consider nominations made by any interested person and, in its discretion, shall
appoint a proper guardian, having due regard for the following:
(a) Ability to properly care for ward.
(b) Knowledge and capacity to manage assets taking into account the scope of ward*s estate.
128.05 Guardian ad litem in incompetency cases.
(1) Appointment. The court shall appoint a guardian ad litem whenever it is proposed that the
court appoint a guardian on the ground of incompetency, protectively place a person or order
protective services.
(2) Qualifications. The guardian ad litem shall be admitted to practice by the Bad River Tribal
Court. No person who is an interested party in a proceeding, appears as counsel in a proceeding on
behalf of any party or is a relative or representative of an interested party may be appointed guardian
ad litem in that proceeding.
(3) Responsibilities. The guardian ad litem shall be an advocate for the best interests of the
proposed ward or alleged incompetent as to guardianship, protective placement and protective
services. The guardian ad litem shall function independently, in the same manner as an attorney for
a party to the action, and shall consider, but shall not be bound by, the wishes of the proposed ward
or alleged incompetent or the positions of others as to the best interests of the proposed ward or
alleged incompetent. The guardian ad litem has none of the rights or duties of a general guardian.
(4) General duties. A guardian ad litem shall do all of the following:
(a) Interview the proposed ward or alleged incompetent and explain the applicable hearing
procedure, the right to counsel and the right to request or continue a limited guardianship.
(b) Advise the proposed ward or alleged incompetent, both orally and in writing, of that
person*s rights to a jury trial, to an appeal, to counsel and to an independent medical or
psychological examination on the issue of competency, at the Tribe’s expense if the person is
indigent.
(c) Request that the court order additional medical, psychological or other evaluation, if
necessary.
(d) If applicable, inform the court that the proposed ward or alleged incompetent objects to a
finding of incompetency, the present or proposed placement or the recommendation of the guardian
ad litem as to the proposed ward*s or alleged incompetent*s best interests or that the proposed
ward*s or alleged incompetent*s position on these matters is ambiguous.
(e) Present evidence concerning the best interests of the proposed ward or alleged incompetent,
if necessary.
(f) Report to the court on any other relevant matter that the court requests.
(5) Duties in reviews. In any review of a protective placement or of a protective service order
the guardian ad litem shall do all of the following:
(a) Interview the ward to explain the review procedure, the right to an independent evaluation,
the right to counsel and the right to a hearing.
(b) Provide the information under par.(a)., to the ward in writing.
(c) Secure an additional evaluation of the ward, if necessary.
(d) Review the annual report and relevant reports on the ward*s condition and placement.
(e) Review the ward*s condition, placement and rights with the guardian.
(f) If relevant, report to the court that the ward objects to the finding of continuing
incompetency, the present or proposed placement, the position of the guardian or the
recommendation of the guardian ad litem as to the best interests of the ward or if there is ambiguity
about the ward*s position on these matters.
(g) If relevant, report to the court that the ward requests the appointment of counsel or an
adversary hearing.
(6) Communication to a jury. In jury trials the court or guardian ad litem may tell the jury that
the guardian ad litem represents the interests of the proposed ward or alleged incompetent.
(7) Termination and extension of appointment. The appointment of a guardian ad litem under
sub. (1) terminates upon the entry of the court*s final order or upon the termination of any appeal in
which the guardian ad litem participates, even if counsel has been appointed for the proposed ward
or alleged incompetent. The court may extend that appointment, or reappoint a guardian ad litem
whose appointment under this section has terminated, by an order specifying the scope of
responsibilities of the guardian ad litem. At any time, the guardian ad litem, any party or the person
for whom the appointment is made may request that the court terminate any extension or
reappointment. The guardian ad litem may appeal, may participate in an appeal or may do neither.
If an appeal is taken by any party and the guardian ad litem chooses not to participate in that appeal,
he or she shall file with the appellate court a statement of reasons for not participating. Irrespective
of the guardian ad litem*s decision not to participate in an appeal, the appellate court may order the
guardian ad litem to participate in the appeal.
(8) Compensation. On order of the court, the guardian ad litem appointed under this chapter shall
be allowed reasonable compensation to be paid by the person whom the guardian ad litem is
appointed for unless the court otherwise directs.
128.06 Duration of guardianship; review.
(1) Any guardianship of an individual found to be incompetent under this chapter shall continue
during the life of the incompetent, or until terminated by the court. The court shall make a specific
finding of any rights which the individual is competent to exercise at the time.
(2) The court shall review and may terminate the guardianship of the person of an incompetent
upon marriage to any person who is not subject to a guardianship.
(3) A ward, any interested person on the ward*s behalf, or the ward*s guardian may petition the
court to have the guardian discharged and a new guardian appointed, or to have the guardian of the
ward*s property designated as a limited guardian.
(4) A ward, any interested person acting on the ward*s behalf, or the ward*s guardian may petition
for a review of incompetency. Upon such a petition for review, the court shall conduct a hearing at
which the ward shall be present and shall have the right to a jury trial, if demanded. The ward shall
also have the right to counsel and the court shall appoint counsel if the ward is unable to obtain
counsel. If the ward is indigent, counsel shall be provided at the expense of the tribe.
(5) After a hearing under sub. (4) or on its own motion, a court may terminate or modify a
guardianship of an incompetent.
(6)
(a) If the court appoints a guardian under this chapter the court shall do all of the following:
1. Order the tribe*s social services department to review, at least once every 12 months
from the date of the appointment, the status of the person and file a written evaluation with
the court, the person and the person*s guardian. Guardianship and protective services orders
for psychotropic medication shall be reviewed annually. The evaluation shall include a
description of facts and circumstances that indicate whether there is a substantial likelihood
that the person could function at a reasonable level if protective services, including
psychotropic medication, were withdrawn. The evaluation shall also include
recommendations for discharge or changes in the treatment plan or services, if appropriate.
2. Annually, appoint a guardian ad litem to meet with the person and to review the
evaluations under sub.10. The guardian ad litem shall inform the person and the guardian of
all of the following:
a. The person*s right to representation by full legal counsel under par. (b).
b. The right to an independent evaluation under par. (d). of the person*s need for a
guardian for the purpose of consenting to or refusing psychotropic medication and
the need for and appropriateness of the current treatment or services.
c. The right to a hearing under par. (e) on the need for a guardian for the purpose of
consenting to or refusing protective services, including psychotropic medication, and
the need for and appropriateness of the current treatment or services.
(b) The court shall ensure that the person is represented by full legal counsel if requested by the
person, the guardian or the guardian ad litem.
(c) The guardian ad litem shall file with the court a written report stating the guardian ad litem*s
conclusions with respect to all of the following:
1. Whether an independent evaluation should be conducted under par.(d).
2. Whether the person continues to be a proper subject for guardianship because the
person is not competent to refuse psychotropic medication and/or protective services.
3. Whether a change in the treatment plan or protective services, including psychotropic
medication, is warranted.
4. Whether the person or the guardian requests a change in status, treatment plan or
protective services.
5. Whether a hearing should be held on the continued need for guardianship because a
person is not competent to refuse psychotropic medication and/or protective services.
(d) Following review of the evaluation under par. (a) 1., and the guardian ad litem*s report
under par.(c)., the court shall order an independent evaluation of the person*s need for continued
guardianship and protective services or the appropriateness of the treatment plan or protective
services, if requested by the person, the guardian or the guardian ad litem or if the court determines
that an independent evaluation is necessary.
(e) The court shall order a hearing under this subsection upon request of the person, the
guardian, the guardian ad litem or any interested person. The court may hold a hearing under this
subsection on its own motion.
(f) The court shall do one of the following after holding a hearing under this subsection or, if no
hearing is held, after reviewing the guardian ad litem*s report and other information filed with the
court:
1. Order continuation of the guardianship without modification. The standard for
continuation of protective services, including psychotropic medication, is a substantial
likelihood, based on the person*s treatment record, that the person could function at a
reasonable level if protective services, including psychotropic medication, were withdrawn.
2. Order continuation of the guardianship with modification of the protective services
order.
3. Terminate the guardianship and protective services order.
A guardian of the estate appointed under this chapter for a married person may exercise with
the approval of the court, except as limited under Section 128.13 any management and
control right over the marital property or property other than marital property and any right
in the business affairs which the married person could otherwise exercise if the person were
not determined to be a proper subject for guardianship. Under this section, a guardian may
consent to act together in or join in any transaction for which consent or joinder of both
spouses is required or may execute a marital property agreement with the other spouse, but
may not make amend or revoke a will.
4. General duties. The guardian of the estate shall take possession of all of the ward*s
real and personal property, and of rents, income, issues and benefits therefrom, whether
accruing before or after the guardian*s appointment, and of the proceeds arising from the
sale, mortgage, lease or exchange thereof subject to such possession the title of all such
estate and to the increment and proceeds thereof shall be in the ward and not in the guardian.
It is the duty of the guardian of the estate to protect and preserve it, to retain, sell and invest
it as hereinafter provided, to account for it faithfully, to perform all other duties required of
the guardian by law and at the termination of the guardianship to deliver the assets of the
ward to the persons entitled thereto.
5. Retention of assets.
a. The guardian of the estate may, without the approval of the court, retain any
real or personal property possessed by the ward at the time of appointment of the
guardian or subsequently acquired by the ward by gift or inheritance so long as such
retention constitutes the exercise of the judgment and care tinder the circumstances
then prevailing, which persons of prudence, discretion and intelligence exercise in
the management of their own affairs, not in regard to speculation but in regard to the
permanent disposition of their funds, considering the probable income as well as the
probable safety of their capital.
b. The guardian of the estate may, with the approval of the court, after such
notice as the court directs, retain any real or personal property possessed by the ward
at the time of the appointment of the guardian or subsequently acquired by the ward
by gift or inheritance for such period of time as shall be designated in the order of the
court.
6. Continuation of business. In all cases where the court deems it advantageous to
continue the business of a ward, such business may be continued by the guardian of the
estate on such terms and conditions as may be specified in the order of the court.
7. Investments
a. The guardian of the estate may, without approval of the court, invest and
reinvest the proceeds of sale of any guardianship assets and any other moneys in the
guardian*s possession in accordance with Wisconsin Statute Chapter 881:
b. The guardian of the estate may, with the approval of the court, after such
notice as the court directs, invest the proceeds of sale of any guardianship assets and
any other moneys in the guardian*s possession in such real or personal property as
the court determines to be in the best interests of the guardianship estate, without
regard to Wisconsin Statute Chapter 881.
(c) No guardian shall lend guardianship funds to himself or herself.
8. Sales and other dispositions.
a. The guardian of the estate may, without approval of the court, sell any
property of the guardianship estate acquired by the guardian pursuant to sub.(4).,
b. The court, on the application of the guardian of the estate or of any other
person interested in the estate of any ward, after such notice if any, as the court
directs, may authorize or require the guardian to sell, mortgage, pledge, lease or
exchange any property of the guardianship estate upon such terms as the court may
order, for the purpose of paying the ward*s debts, providing for the ward*s care,
maintenance and education and the care, maintenance and education of the ward*s
dependents, investing the proceeds or for any other purpose which is in the best
interest of the ward.
c. No guardian shall purchase property of the ward, unless sold at public sale
with the approval of the court, and then only if the guardian is a spouse, parent,
child, brother or sister of the ward or is a cotenant with the ward in the property.
128.07 Fraud, waste, mismanagement.
If the tribal court has reason to believe that any guardian within its jurisdiction has filed false
inventory, claims property or permits others to claim and retain property belonging to the estate
which he or she represents, is guilty of waste or mismanagement of the estate or is unfit for the
proper performance of duties, the court shall appoint a guardian ad litem thus any minor or
incompetent person interested and shall order the guardian to file the account. If upon the
examination of the account the court deems it necessary to proceed further, a time and place for the
adjustment and settlement of the account shall be fixed by the court, and at least 10 days notice shall
he given to the guardian ad litem and to all persons interested. If upon the adjustment of the
account, the court is of the opinion that the interests of the estate and of the persons interested
require it, the guardian may be removed and another appointed.
128.08 Claims.
(1) Payment. Every general guardian shall pay the just debts of the ward out of the ward*s
personal estate and the income of the ward*s real estate, if sufficient, and if not, then out of the
ward*s real estate upon selling the same as provided by law. But a temporary guardian shall pay the
debts of his or her ward only on order of the court.
(2) Proceedings to adjust claims. The guardian or a creditor of any ward may apply to the court
for adjustment of claims against the ward incurred prior to entry of the order appointing the
guardian or the filing of a lis pendens as provided in Section 128.13. The court shall by order fix
the time and place it will adjust claims and the time within which all claims must be presented or
be barred. Notice of the time and place so fixed and limited shall be given by publication. After the
court has made the order no action or proceeding may be commenced or maintained in any court
against the ward upon any claim of which the tribal court has jurisdiction.
128.09 Actions.
The guardian shall settle all accounts of the ward and may demand, sue for, collect and receive all
debts and claims for damages due him or her, or may, with the approval of the tribal court,
compound and discharge the same, and shall appear for and represent his or her ward in all actions
and proceedings except where another person is appointed for that purpose.
128.10 Compensation allowed from estate.
Fees and expenses of guardian. Every guardian shall be allowed the amount of the guardian*s
reasonable expenses incurred in the execution of the guardian*s trust including necessary
compensation paid to attorneys, accountants, brokers and other agents and servants. The guardian
shall also have such compensation for the guardian’s services as the court, in which the guardian*s
accounts are settled, deems to be just and reasonable.
l28.l1 Accounting.
(1) Annual reports. Every guardian, except a corporate guardian, shall, prior to April 15 of each
year, file an account under oath specifying the amount of property received and held or invested by
the guardian, the nature and manner of the investment, and the guardian*s receipts and expenditures
during the preceding calendar year. When ordered by the court, the guardian shall within 30 days
render and file a like account for any shorter term. In lieu of the filing of these accounts before
April 15 of each year, the court may, by appropriate order upon motion of the guardian, direct the
guardian of an estate to thereafter render and file the annual accountings within 60 days after the
anniversary date of the guardian*s qualification as guardian, with the accounting period from the
anniversary date of qualification to the ensuing annual anniversary date. The guardian shall also
report any change in the status of the surety upon the guardian*s bond.
(2) Display of assets. Upon rendering the account the guardian shall produce for examination by
the court, or some person satisfactory to the court, all securities, evidences of deposit and
investments reported, which shall be described in the account in sufficient detail so that they may be
readily identified. It shall be ascertained whether the securities, evidences of deposit and
investments correspond with the account.
(3) Small estates. When the whole estate of a ward or of several wards jointly, under the same
guardianship, does not exceed $1,000 in value, the guardian shall be required to render account only
upon the termination of the guardian*s guardianship, unless otherwise ordered by the court.
(4) Examination of accounts. The account shall be promptly examined under the court*s
direction and if it is not satisfactory it shall be examined on 8 days* notice and the court shall make
such order thereon as justice requires. Notice to the guardian may be served personally or by
certified mail as the court directs. When the examination of a guardian*s account is upon notice a
guardian ad litem of the ward maybe appointed.
(5) Notice. No action by the court upon any account shall be final unless it is upon notice.
128.12 Petition for placement of assets in trust.
Upon petition by the guardian, a parent, the spouse, any issue or next of kin of any person, assets of
the person may, in the discretion of the court and upon its order, after such notice as the court may
require, be transferred to the trustee or trustees of an existing revocable living trust created by the
person for the benefit of himself or herself and those dependent upon the person for support, or to
the trustee or trustees of a trust created for the exclusive benefit of the person.
128.13 Application for limited guardianship of property.
(1) An incompetent person who is 18 years of age or older, a guardian or any person authorized to
petition for guardianship of a person may apply to a court for a limited guardianship of property.
Consonant with the least restrictive limitation of rights, when the person demonstrates to the
satisfaction of the court that the person is capable of managing in whole or in part the person*s
wages, earnings, income or assets, the court may appoint a limited guardian of such person*s
property, or in the event one person is appointed or serving as both guardian of the person and of the
property of such person, a guardian of the person with limited powers as guardian of the property.
Such limited guardianship shall be used until the person has established himself or herself as
reasonably capable of managing personal affairs without supervision.
(2) A limited guardian of the property shall receive, manage, disburse and account for all property,
both real and personal, of the person not resulting from wages or earnings.
(3) Unless otherwise specified by the court, the person of 18 years of age or over for whom a limited
guardian of the property has been appointed shall have the right to:
(a) Receive and expend any and all wages or other earnings from the person*s employment; and
(b) Contract and legally bind himself or herself for any sum of money not exceeding $300 or one
month*s wages or earnings, whichever is greater.
(4) Notwithstanding sub, (3), the court may place such other limitations upon the rights of a person
subject to limited guardianship of property under this section as it determines are in the best
interests of the person.
(5) The appointment of a limited guardian of property shall have no bearing on any of the rights
specified in Section 128.03(3) except upon specific finding of the court based upon clear and
convincing evidence of the need for such limitations. In no event shall the appointment of a limited
guardian constitute evidence of or a presumption as to the incompetence of the ward in any area not
mentioned in the court order.
128.14 Guardian of the person of incompetent.
(1) A guardian of the person of an incompetent, upon order of the court, may have custody of the
person, may receive all notices on behalf of the person and may act in all proceedings as an
advocate of the person, but may not have the power to bind the ward or the ward*s property, or to
represent the ward in any legal proceedings pertaining to the property, unless the guardian of the
person is also the guardian of the property. A guardian of the person of an incompetent or a
temporary guardian of the person of an incompetent may not make a permanent protective
placement of the ward unless ordered by a court but may admit a ward to certain residential
facilities or make an emergency protective placement under. The guardian of the person has the
power to apply for placement and for commitment under Wisconsin Statute Section 51.20 or
51.45(13).
(2) A guardian of the person shall endeavor to secure necessary care, services or appropriate
protective placement on behalf of the ward.
(3) A guardian of the person of an incompetent appointed under this chapter shall make an annual
report on the condition of the ward to the court. The report shall include, but not be limited to, the
location of the ward, the health condition of the ward, any recommendations regarding the ward and
a statement of whether or not the ward is living in the least restrictive environment consistent with
the needs of the ward.
128.15 Bonds.
The court in its discretion may require that a guardian post a bond.
128.16 Guardianship of person; exemption from civil liability. Any guardian of the person is
immune from civil liability for his or her acts or omissions in performing the duties of the
guardianship if he or she performs the duties in good faith, in the best interests of the ward and with
the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own
affairs.
CHAPTER 129 - VISITATION RIGHTS FOR GRANDPARENTS AND OTHERS
SECTION 129.01 - PURPOSE
The purpose of this chapter is to preserve the opportunity of children who are members of
the Tribe, or eligible for membership in the Tribe, to form and maintain meaningful relationships
with grandparents, stepparents, and others who play an important role in their care, development,
education, or nuturance.
SECTION 129.02 - DEFINITIONS
(a) "Child" means any person under the age of eighteen years who is a member of the
Tribe or eligible for membership in the Tribe, whether or not domiciled or resident on the Bad River
Reservation.
(b) "Court" means the Bad River Tribal Court
(c) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 129.03 - VISITATION RIGHTS
Upon petition by a child's grandparent, great-grandparent, stepparent, aunt, uncle, or other
person with an interest in the child, except a parent, the Court may order visitation rights with the
child.
SECTION 129.04 - PROCEDURE
The clerk of court shall schedule a hearing on the petition within 60 days of its filing. A
copy of any petition filed under this chapter shall be served on each of the child's parents, and any
guardian other than a parent, together with a notice of hearing which specifies that the hearing shall
be on the merits of the petition and that the court may make a visitation award at the close of the
hearing. A guardian ad litem shall be appointed in all cases upon the filing of a petition under this
chapter, unless the visitation order is stipulated to by the petitioner, the child's parents, and any
other guardian.
SECTION 129.05 - STANDARDS
The Court may order visitation rights if it finds that such an order would be in the best
interests of the child. The Court shall take into account following factors:
(a) The family relationship of the petitioner to the child, provided that visitation rights
may be awarded notwithstanding the death or termination of parental of either or both of the child's
parents.
(b) The length and quality of the relationship of the petitioner with the child.
(c) The family relationship, and length and quality of the relationship, between the
petitioner and each of the child's parents and any other guardian.
(d) The nature of each of the parent's and other guardian's relationships with the child,
and the parents' and guardians' ability to provide appropriate care to the child without visitation by
the petitioner.
(e) The relationship between the child's parents, provided that visitation rights may be
awarded whether or not the parents' relationship is intact.
(f) The child's wishes, taking into account the age of the child.
(g) The benefits and detriments to the child of awarding visitation rights to the
petitioner.
(h) The feasibility of fashioning an award of visitation rights while minimizing
interference with the parents' custodial rights.
SECTION 129.06 - ORDER
(a) Within 30 days of the hearing, the Court shall grant or deny the petition, or grant the
petition conditionally or with such modifications as are in the best interest of the child. All orders
shall be in writing and shall specify to the greatest extent practicable the particular rights, if any,
that are awarded.
(b) An order may award visitation rights under the circumstances prevailing at the time
of the order, and may also award contingent visitation rights under circumstances prevailing at the
time of the order, and may also award contingent visitation rights under circumstances that may
reasonably be expected to occur at a future time, provided that any such award of contingent rights
is review able under sec. 129.08.
(c) Any person served with a copy of a notice and petition under sec. 129.04, and with a
copy of an order under this section, shall be required to comply with the terms of the order, and may
be proceeded against for contempt of court for any interference therewith.
SECTION 129.07 - GUARDIAN AD LITEM FEES
The fees of the guardian ad litem shall be paid by the Court. The Court may order the
petitioner, parent, and guardian, or any of them, to contribute to the reimbursement of such fees.
SECTION 129.08 - MODIFICATIONS
Any order issued under this chapter may be modified upon motion, notice, and hearing.
CHAPTER 130 - NAME CHANGES
CHAPTER 130 ENACTED BY RESOLUTION #8-7-85-216
SECTION 130.1
Any tribal member may petition the Tribal Court to have his or her name changed. A parent
or guardian of a child may petition on behalf of the child to have the child's name changed. Both
natural parents of the child must be given any opportunity to object to the change of name.
SECTION 130.2
If no objections are entered on the record by any interested party and all conditions are
fulfilled, the Court must grant the petition for a name change. If any interested person enters an
objection and within the Court's discretion to grant or deny the petition for change of name.
SECTION 130.3
The petitioner for a change of name must cause a notification of his or her intentions to
change name to be published in the Tribal Newsletter for one issue and in the Ashland Daily Press
for three issues. The notice must state the petitioner's present name and intended name and must
state the date and time of the Court hearing and where change will take place, and that any person
who objects will have an opportunity to raise his objections at that time.
CHAPTER 131 - FOSTER HOME LICENSING
SECTION 131.01 - PURPOSE
The purpose of this ordinance is to protect and promote the health, safety, and welfare of
children in foster care.
SECTION 131.02 - EXCEPTIONS TO RULES
The Tribal Council may make, or may delegate the authority to make, exceptions to any of
the rules for licensing foster homes when the Tribal Council is assured that granting such
exceptions, or the authority to make exceptions, is not detrimental to the health, safety or welfare of
children.
SECTION 131.03 - DEFINITIONS
(a) "Child" means a person under 18 years of age.
(b) "Foster Child" means a child placed for care in a home required to be licensed under
this chapter.
(c) "Foster Home" means a facility operated by a person or persons required to licensed
under this chapter.
(d) "Foster Parent(s)" means a person or persons who operate a facility required to
licensed under this chapter.
(e) "Guardian" means a person, appointed by a court, who has the right to make major
decisions affecting the child, including the right to consent to marriage, to enlistment in the armed
forces, to major surgery and to make recommendations as to adoption. In the absence of an
applicable order "guardian" means the child's natural mother and, if the child is a marital child or if
paternity has been established, the child's natural father.
(f) "Legal Custodian" means a person to whom a court has transferred a child's legal
custody who has the right to the care, custody and control of a child and the duty to provide food,
clothing, shelter, ordinary medical care, education and discipline for a child. In the absence of any
applicable order, "legal custodian" means the child's natural mother and, if the child is a marital
child or if paternity has been established, the child's natural father.
(g) "Licensee" means a person licensed under this chapter.
SECTION 131.04 - RIGHTS OF APPLICANTS AND LICENSEES
Applicants for license under this Chapter, and licensees shall have the following rights:
(a) The right to make application for license.
(b) The right to be evaluated objectively on the basis of this Chapter.
(c) The right to receive a license if applicant fully satisfies all requirements.
(d) The right to written notice and specification of grounds for revocation of license.
(e) The right to accept children for care if licensed.
(f) The right to refuse to accept children for care at their own discretion.
SECTION 131.05 - APPLICATION FOR LICENSE
(a) Any person seeking a license under this chapter shall make application on forms
prescribed by the Indian Child Welfare office. Married couples and couples living together but not
married shall both be parties to the application. Couples married but not living together shall have
their eligibility determined on a case by case basis.
(b) Foster parents wishing to continue to be licensed shall file a new application when:
(1) Their present license will expire within 30-60 days.
(2) They plan to move from the address specified on their present license within
30 days or less.
(3) Their legal status has changed within the last 30 days.
(4) They wish to have the conditions changed that are specified on their present
license.
(c) Persons already licensed through Ashland County and residing on the Bad River
Reservation may submit application to the Bad River Indian Child Welfare office for Tribal Foster
Home license. Such applications will be handled the same as license application for renewal of
license.
SECTION 131.06 - AGE OF FOSTER PARENTS
No applicant(s) may receive a license for the first time when one or both are younger than 21
years of age.
SECTION 131.07 - PERSONAL QUALIFICATIONS REQUIRED OF FOSTER PARENTS
(a) Foster parents shall be responsible, mature individuals of reputable character who
exercise sound judgment and display the capacity to provide good care for children. They shall give
sufficient information to enable the Indian Child Welfare office to verify whether or not they meet
these requirements.
(b) A minimum of 25 hours of training and/or meetings approved by the Indian Child
Welfare office per licensing period is required of foster parents.
SECTION 131.08 - HEALTH OF FOSTER FAMILY
(a) All members of the foster family household shall be in physical and mental health
that will not adversely affect the health of children received for foster care, or the quality and
manner of their care.
(b) At the time of first application for a license and each licensing period thereafter,
foster parents shall authorize their physician, or the Tribal Clinic Family Nurse Practitioner, to
submit a statement to Indian Child Welfare certifying that a physical examination was completed
and that the foster parents were essentially free from medical conditions which might endanger
foster children.
(c) If the Indian Child Welfare office has reason to believe that the physical or mental
health of any child or adult member of the foster family household might endanger children in care,
the Indian Child Welfare office may require that the foster parents (for themselves or on behalf of
their own children) or the adult family members in questions, shall authorize the submitting of a
statement from a qualified physician and, if required, a psychiatrist, certifying the condition of the
person.
SECTION 131.09 - FOSTER HOMES GENERAL REQUIREMENTS
(a) The home shall be so constructed, arranged and maintained as to provide adequately
for the health and safety of all occupants. It shall be of size and space, and shall have furnishings
and equipment to accommodate comfortably both the family and foster children in their care. The
Indian Child Welfare Office may require inspection of the home by fire, health, sanitation or safety
officials when in its judgment such expert opinion is needed to assist the Indian Child Welfare
office in making a decision about the safety of the home for the care of foster children.
(b) Potentially dangerous items such as, but not limited to, household poisons,
medicines, plastic bags, matches, knives and firearms shall not be kept where they are easily
accessible to children.
(c) Foster parents shall provide sufficient drawer and closet space to accommodate each
child's clothing, toys, and other belongings.
(d) The home shall have space for indoor play and access to outdoor play space.
SECTION 131.10 FOSTER HOME-SLEEPING ARRANGEMENTS
(a) Each foster child shall be provided with a separate bed, except that 2 brothers or 2
sisters may share a double bed. Each bed shall be of size as to insure comfort of the child, shall
have suitable springs in good condition, a clean and comfortable mattress with waterproof covering
when necessary and provided with suitable bedding adequate for the season.
(b) No foster child 6 years of age or older shall be permitted to share a bedroom with a
child of the opposite sex.
(c) Foster children shall not be permitted to sleep in any building, apartment or other
structure which is separate from the family home; nor shall any child be permitted to sleep in an
unfinished attic, unfinished basement, or in a hall or any other room which is normally used for
other than sleeping purposes. For purposes of this Chapter, a basement is a story whose floor line is
below grade at any entrance or exit and whose ceiling is not more than 5 feet above grade at any
such entrance or exit.
(d) At night a responsible adult shall sleep within call of foster children.
SECTION 131.11 - SUPERVISION OF CHILDREN
(a) Child training and discipline shall be handled with kindness and understanding.
(b) No child in care shall be subjected to spanking, unusual, severe or cruel punishment.
(c) No child in care shall be subjected to verbal abuse, derogatory remarks about him or
herself or members of his or her family, or to threats to expel the child from the foster home.
(d) No child shall be permitted to discipline any other child in care.
(e) No child shall be deprived of meals, mail or family visits as method of discipline.
SECTION 131.13 - WORK PERFORMED BY CHILDREN
Children in care shall have opportunities to assume responsibility for household duties or
chores appropriate to age, sex, health and ability. Such duties shall not be assigned as punishment,
or interfere with school, sleep, recreation, or study.
SECTION 131.14 - EDUCATION
Foster parents shall make every reasonable effort to see that children of school age in their
care attend school regularly unless otherwise excused by school officials. If the foster parents do
encounter problems, they shall contact the Indian Child Welfare office immediately.
SECTION 131.15 - MORAL, RELIGIOUS AND CULTURAL TRAINING
Foster parents shall provide for the moral training of children in care and shall make
opportunities available to each child in care for religious or cultural education and attendance at
services or functions compatible with his or her religious or cultural heritage.
SECTION 131.16 - NUTRITION
Food shall be provided to children in care in sufficient quantities and varieties, and shall
provide for essential nutrition and dietary needs.
SECTION 131.17 - CLOTHING
Foster parents shall see that funds provided by parents of foster care payments for the
purchase of clothing are used in such a way that children in their care are comfortably and
appropriately clothed within the limits of funds provided, and that children's clothing is kept in a
state of suitable repair and cleanliness.
SECTION 131.18 - RESPONSIBILITY OF THE FOSTER PARENTS WHEN ACCEPTING
FOSTER CHILDREN
(a) Foster parents shall keep the Indian Child Welfare office informed of the child's
progress while in their care. They shall inform the Indian Child Welfare office regarding care,
training and plans for the child whenever more than the day to day routine is involved.
(b) Foster parents shall notify the Indian Child Welfare office before taking or allowing
the child to go on vacation trips or visits to the child's relatives.
(c) Foster parents shall notify the Indian Child Welfare office as soon as possible of
emergencies involving the foster child. This includes serious illness or injury requiring medical
treatment, unauthorized absence from the home, or other situations of which prudence suggests the
Indian Child Welfare office be notified. This requirement in no way relieves foster parents from
first taking action, such as obtaining emergency medical treatment for the child before notifying the
Indian Child Welfare office.
(d) Foster parents shall allow the Indian Child Welfare office a minimum of 30 days in
which to make suitable plans for the child when the foster parents have requested the child's
removal from their home, unless an emergency requires faster action.
(e) Foster parents shall cooperate with the Indian Child Welfare office in seeing that an
appropriate relationship is maintained between the child and their relatives.
(f) Foster parents shall maintain in confidence all personal information regarding
children in their care, such as prior medical or family history revealed to the foster parents in
confidence.
SECTION 131.20 - RECORDS TO BE MAINTAINED BY FOSTER PARENTS
(a) The Indian Child Welfare office will provide the foster parents with a record of their
foster child's medical and school information. It is the responsibility of the foster parents to keep
such records updated during the care of the foster child.
(b) At the request of the Indian Child Welfare office, foster parents shall make available
for inspection medical and school records of children received by them for care.
SECTION 131.21 - NUMBERS OF CHILDREN IN HOME
The number of children foster parents may receive for care shall be determined by the Indian
Child Welfare office on a case by case basis.
SECTION 131.22 - LICENSES
(a) INVESTIGATION OF APPLICANT - GRANTING OF LICENSE
After receipt of application for a license, the Indian Child Welfare office shall investigate to
determine if the applicant meets all minimum requirements for a license. Upon satisfactory
completion of this investigation, the license shall be granted.
(b) PROVISIONS OF LICENSE
Each license shall bear the name of the person licensed, describe the premises included and
state the maximum number of children who can be received, their age and sex, date of issuance and
expiration date.
(c) EXPIRATION AND REVOCATION OF LICENSES
(1) All licenses issued by the Indian Child Welfare office shall be for a term not
exceed 2 years from the date of issuances. No license shall be transferable.
(2) Licenses may be revoked by the Indian Child Welfare office because the
licensee has substantially violated any provision of this Chapter, any condition of the license, or any
condition of any foster home placement agreement, or because the licensee fails to continue to meet
the requirements for a license.
(3) The Indian Child Welfare office shall give the licensee written notice of any
revocation and the grounds for the revocation. The written notice shall be given at least 30 days
prior to the revocation and the revocation shall take place only if the violation remains substantially
uncollected at the end of the 30 day notice period. The Indian Child Welfare office may remove at
any time for a reason any child placed in the foster parent's care.
(4) Any licensee who objects to the revocation of his or her license may appeal
the revocation to the Bad River Tribal Council. The appeal, including grounds for appeal, shall be
submitted in writing to the Tribal Chairman, with a copy to the Indian Child Welfare office, no later
than 15 days after the end of the 30 day notice period provided in Section 131.22(c)(3). The Indian
Child Welfare office shall have 15 days in which to respond in writing to the appeal. Such response
shall be submitted to the Tribal Chairman, with a copy provided to the licensee. The Tribal Council
shall consider the appeal in executive session. At its discretion the Tribal Council may invite oral
presentation from the licensee and the Indian Child Welfare office.
(d) RENEWAL OF LICENSE
A licensee may apply to renew his or her license by completing the license renewal form
prescribed by the Indian Child Welfare office.
(e) INSPECTION OF LICENSEES
The Indian Child Welfare office may visit and inspect each foster home licensed by
it, and for such purpose shall be given unrestricted access to the premises described in the license.
CHAPTER 134 - CURFEW
SECTION 134.1 - GENERAL PROVISIONS
(a) Purpose. The purpose of this code is to provide for a curfew for persons under
age 18 within the Bad River Reservation and enforce parental control over and responsibility for
persons under age 18.
(b) Authority. This code is enacted pursuant to Article VI, Section 1(q) of the Bad
River Tribal Constitution.
(c) Effective Date. This code shall take effect on the day following the date of
approval of this code by the Bad River Tribal Council.
SECTION 134.2 - DEFINITIONS
For the purpose of this code, the following terms shall have the meaning ascribed below:
(a) “Curfew hours” means for any minor under 18 years of age 10:30 p.m. until 5:00
a.m. of the following day on nights proceeding school days, and 11:30 p.m. until 5:00 a.m. of the
following day on nights not preceding school days; for any minor under 13 years of age 9:30 p.m.
until 5:00 a.m. of the following day.
(b) “Emergency” means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not limited to, a fire, a natural
disaster, an automobile accident, or any situation requiring immediate action to prevent serious
bodily injury or loss of life or serious damage to significant property.
(c) “Guardian” means a person appointed by any court to be guardian of a minor.
(d) “Minor” means any person under 18 years of age.
(e) “Parent” means a person who is:
(1) A natural parent, adoptive parent, or stepparent of another person, or
(2) At least 18 years of age and authorized by a parent or guardian to have the
care and custody of a minor.
(f) “Public Place” means any place to which the public or a substantial group o
the public has access and includes but is not limited to streets, sidewalks, highways, private
residences left open tot he public without the presences of adult supervision and the common areas
of tribal buildings.
(g) “Remain” means to:
(1) Linger or stay, whether on foot or in a vehicle, or
(2) Fail to leave premises when requested to do so by an owner or person in
control of the premises or a law enforcement officer.
(h) “Reservation” means the area within the external boundaries of the Bad River
Reservation.
(i) “Tribe” means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(j) “Law enforcement officer” means any officer of the Bad River Police Department.
SECTION 134. 3 - PROHIBITED ACTIVITIES
(a) It shall be unlawful for a minor to remain in any public place within the
Reservation during curfew hours.
(b) It shall be lawful for a parent or guardian of a minor to knowingly person, or by in
insufficient control allow, the minor to remain in any public place within the Reservation during
curfew hours.
SECTION 134.4 - EXCEPTIONS
The activities prohibited by section 134.3 shall not be unlawful in the following circumstances:
(a) When the minor is accompanied by the minor’s parent or guardian.
(b) When the minor is engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop,
(c) When the minor is involved in an emergency, and
(d) When the minor is attending official school activities, activities sponsored by a
religious or community organization or other cultural, educational or social events or is going to or
returning home from, without any detour or stop, such activity.
SECTION 134.5 - ENFORCEMENT AND PENALTIES
(a) Enforcement Procedure. Before taking any enforcement action under this chapter,
a law enforcement officer shall ask the apparent offender’s age and reason for being in the public
place. The officer shall not issue a citation under section 134.3 unless the officer reasonably
believes that an offense has occurred as provided in this chapter.
(b) Penalty for Violations. Any person found guilty of having violated section134.3 of
this chapter shall be subject to a civil forfeiture of no more than one thousand dollars ($1,000) and
may be required to perform community service. The period of community service shall not exceed
ninety (90) hours.
(c) The Bad River Tribal Court shall have jurisdiction over cases brought to enforce
this chapter. Proceedings shall be conducted in accordance with Bad River Tribal Court Code.
CHAPTER 135 - TRUANCY
Adopted by Resolution #8-24-99-327
SECTION 135 - GENERAL PROVISIONS
(a) Purpose. The purpose of this code is to required the regular attendance at school of
all school-age children living on the Bad River Reservation and all tribal children living off the
reservation attending school within the Bad River Reservation or Ashland School District.
(b) Authority. This code is enacted pursuant to Article VI, Section 1(q) of the Bad River
Tribal Constitution.
(c) Effective Date. This code shall take effect on the day following the date of approval
of this code by the Bad River Tribal Council.
(d) Interpretation. In its interpretation and application, the provisions of this code shall
be held to be minimum requirements and shall be liberally construed in favor of the tribe and shall
not be deemed as a limitation upon, or a repeal of any other tribal power or authority. The Tribe by
the adoption of this code does not waive its sovereign immunity in any respect.
(e) Severability. If any section, provision or portion of this code is adjudged to be
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this code shall not
be affected thereby.
(f) Applicability. This code shall apply to all tribal children living on the Bad River
Reservation and their parents or other persons having said tribal children in their care or custody or
under their control.
(g) Consent to Tribal Jurisdiction. The Bad River Tribal Court may also exercise its
authority and impose penalties under this section where the provisions of subsection F do not apply
provided that the person charged with the offense consents to the jurisdiction of the Tribal Court.
Consent must be knowing, intentional and voluntary. This section shall apply only to:
(1) Non-tribal children living on the Bad River Reservation and their parents or
other persons having said children in their care or custody or under their control; and
(2) Tribal children attending school within the Bad River Reservation or Ashland
School District living off the Bad River Reservation and their parents or other persons having said
tribal children in their care or custody or under their control.
SECTION 135.02 - DEFINITIONS
For the purpose of this code, the following terms shall have the meaning scribed below:
(a) “Adult” means any person 18 years of age or older who is not enrolled in the
Ashland School System.
(b) “Child” means any person who is less than 18 years of age, or any person who is
less than 19 years of age if attending the Bad River Tribal School, the Lac Courte Oreilles Tribal
School or Ashland School District.
(c) “Member” means a person enrolled in the Bad River Tribe.
(d) “Reservation” means the area within the external boundaries of the Bad River
Reservation.
(e) “School” means the Bad River Tribal School, the Lac Courte Oreilles Tribal School
or a school in the Ashland Public School District.
(f) “School Attendance” means physical presence of a child in school, and includes
attending scheduled classes during such hours and on such days as determined by the school or, for
students enrolled in Alternative Education Programs, attendance the place and during hours
scheduled by the school for the student, unless excused from such attendance by school policy or
state law.
(g) “School Attendance Officer” means an employee designated by a school board
under the Bad River Tribal Constitution, Lac Courte Oreilles Tribal Constitution or Wis. Stat.
Sec. 118.16 to deal with matters relating to school attendance and truancy.
(h) “School Attendance Policy” means the current policy for school attendance duly
adopted by the appropriate school board.
(i) “Tribal Child” means a child who is either (a) an enrolled member of the Tribe; or
(b) eligible for enrollment in the Tribe.
(j) “Tribal Court” means the Bad River Tribal Court.
(k) “Truancy” means any absence of part or all one or more days from school during
which the school attendance officer, or his agent, has not been notified of the legal cause of such
absence by the person having the absent pupil under his or her control during non-school hours.
“Truancy” also means intermittent attendance carried on for the purpose of defeating the intent of
the tribe’s and state’s attendance laws (Bad River Truancy section 135.3 and Wis. Stat. Sec.
118.5).
(l) “Habitual Truancy” means truant for five (5) days within ten (10) truancies within
any ninety (90) day school day period within a school year.
(m) “Student” means one who attends school in the Bad River Tribal School, Lac
Courte Oreilles School or Ashland School District.
(n) “Tribe” means the Bad River Band of Lake Superior Chippewa.
SECTION 135.3 - COMPULSORY SCHOOL ATTENDANCE
(a) School Enrollment Required. Except as excused under a school policy governing
school attendance or the state compulsory attendance law (Wis. Stat. Sec. 118.15), any person
having under their control a school aged child shall enroll the child in school.
(b) Requirement to Attend School. Except as excused under a school policy governing
school attendance or the state compulsory attendance law (Wis. Stat. Sec. 118.15), any person
having under their control a school aged child shall enroll the child in school.
(c) Truancy Prohibited.
(1) Truancy is prohibited.
(2) It shall be unlawful for any person to cause, assist, or enable a child to be
truant.
SECTION 135.4 - ENFORCEMENT AND PENALTIES
(a) The school attendance officer may contact the Home-School Coordinator, Indian
Child Welfare Worker, or other appropriate party to assist in the enforcement of the provisions of
this code.
(b) The school must document the following steps before the Tribal Court hears a
truancy petition:
(1) First Incident: The School Attendance Officer shall give verbal warning and
send a letter to the parent/legal guardian custodian and to the mentor (if appropriate).
(2) Second Incident: The School Attendance Officer is to contact the Home-
School Coordinator, Indian Child Welfare Worker or other appropriate party to set up and document
a meeting with the child and legal guardian/legal custodian. The purpose of the meeting shall be to
identify and resolve behaviors that are in violation of the provisions of this code through an
appropriate plan of action, which shall be agreed to and signed by all parties involved. The
following steps shall be required in developing the action plan:
(a) Provide an opportunity for educational counseling to the child to
determine whether a change in the child’s curriculum would resolve the child’s truancy and have
considered curriculum modification.
(b) Evaluate the child’s curriculum to determine whether learning problems may
be a cause of the child’s truancy and, if so, take appropriate action or make appropriate referrals.
(c) Conduct an evaluation to determine whether social problems may be the
cause of the child’s truancy and, if so, take appropriate action or make appropriate referrals.
(d) A copy of the plan of action shall be given to the parent/guardian and the
principal of the child. Included in the action plan shall be a schedule for consistent, timely review
to evaluate and monitor the effectiveness of said plan.
(3) Third Incident: Refer to Tribal Court. A checklist documenting evaluation
of the steps required in section must be submitted to the court upon referral. Once referred to Tribal
Court, the child’s parent(s)/legal guardian(s)/legal custodian(s) shall be summoned in accordance
with Bad River Tribal Court Code. If summoned to Tribal Court, appearance is mandatory by both
the child and the parent/legal guardian/legal custodian.
(4) The designated school official or their agent may issue citations to any child
who violates the Bad River Truancy Code, to appear in the Tribal Court.
(5) Each incident of truancy may constitute a separate offense.
SECTION 135.5 - PENALTIES
(a) A child or adult who violates this Chapter shall be subject to the following:
(1) Any child convicted of truancy under section shall be subject to a minimum
penalty of community service hours equal to the number of school hours truant, with a maximum
civil money penalty of $25.00 and/or seven (7) community service hours per incident of truancy.
(2) Any child who is convicted of aiding a child’s truancy shall be subject to a
penalty of not more than $50.00.
(3) Any adult who is convicted of aiding a child’s truancy shall be subject to a
penalty of not less than $35.00, but not to exceed $500.00.
(4) In addition to the imposition of civil forfeitures and community services
hours for violations of this chapter, the Tribal Court may impost other remedies, including but not
limited to: alcohol assessment and counseling, home detention, limitations on the use of public
facilities within the exterior boundaries of the Bad River Reservation.
(b) If the Tribal Court determines a child is habitually truant, the court may order the
Indian Child Welfare Department and/or Human Service Agencies to initiate an in-depth
investigation into the child’s background to determine if a child-in-need-of-care petition should be
filed.
(c) Nothing herein shall prohibit the referral of a tribal child to the Child Welfare office
for the filing of a child welfare petition under Chapter 125 of the Bad River Code of Laws. A child
welfare petition may be filed regarding any tribal child who has been truant for five (5) days or
more in any three (3) month period.
(d) The Tribal court shall have jurisdiction over case brought to enforce this code.
Proceedings shall be conducted in accordance with the Bad River Tribal Court Code.
Bad River Tribal Court Code
Section 3 - Chapter 145- Domestic and Family Violence Code
Adopted by Resolution # 10-03-01-161
Section 145.01 - Title, Statement of Purpose and Definitions.
A Title. This Code may be cited as the “Domestic and Family Violence Code.”
B. Statement of Purpose. The purpose of this Code is to:
1. Eliminate barriers to meeting the safety and other needs of victims of family violence;
2. To hold batterers accountable for their actions; and
3. To enhance the provision of services to victims and their batterers.
C. Construction. This Chapter shall be liberally construed to effect the purposes stated above
and shall be interpreted to comport with the customs and traditions of this Tribe. If tribal law,
customs and traditions are inconclusive in any matter arising under this chapter, then other tribal law,
federal law and, as a last resort, the law of the State of Wisconsin, may be used for guidance.
D. Definitions. As used in this Chapter the following terms shall have the meanings given
below:
Domestic and Family Violence
1. Domestic and family violence means:
a) intentional infliction of physical harm to a family or household member;
b) an act, word, gesture or any other behavior that places a family or
household member in fear of imminent physical harm;
c) intentional use of force, coercion, threat, intimidation, humiliation, or
confinement which results in mental or emotional harm to a family or household
member; or
d) causing a family or household member to engage involuntarily in sexual
activity by force, coercion, threat, intimidation, humiliation, confinement, or
administering alcohol or drugs to the family or household member without their
knowledge.
2. Imminent physical harm as used above refers to such physical harm that is close
or near at hand, that is impending, perilous, or on the point of happening. It does not require
that such physical harm be immediate or without delay after the behavior that places the
victim in fear.
Family or household member means:
1. adults and/or minors who are current or former spouses;
2. adults and/or minors who are living together or have lived together
and who have engaged in a sexual relationship;
3. adults and/or minors who are involved or have been involved in a
sexual or otherwise intimate, ongoing relationship including persons who are identified in the
community as boyfriend and girlfriend;
4. adult relatives who are living together or who have lived together;
5. adults and/or minors who have a child, including an unborn child, in
common regardless of whether the parents of the child have married or have lived together
at any time;
Exclusions. Domestic and family violence in the parent-minor child relationship is not covered
in this Code. The occurrence of domestic and family violence in that relationship is covered
in Chapter 125, the Children’s Code of this Tribe or through the juvenile and children's codes
of the State of Wisconsin.
Section 145.02 - Jurisdiction & Civil Nature of this Code.
A. Jurisdiction & Authority to Enact This Code. This Code is adopted pursuant to Article
VI, section 1(q) of the Bad River Band’s Constitution and pursuant to an exercise of this Tribe's inherent
sovereign authority.
B. Jurisdiction of the Court & Civil Nature of This Code. The jurisdiction of the Tribal Court shall
be civil in nature and shall include the power to issue all orders necessary to insure the purposes and
provisions of this Code are put into effect. This includes the power to enforce subpoenas, orders of
contempt, and any other orders as appropriate.
D. Availability of Criminal Penalties. The provisions of this Code do not replace the criminal
penalties and procedures available under state law for an act of domestic and family violence.
Section 145.03 - Civil Orders for Protection.
A. Who May Petition the Court. A petition to obtain an order for protection under this section may
be filed by:
1. A person who is subject to the jurisdiction of this Tribe's Court and who has been
a victim of domestic and family violence may file a Petition for an order for protection against
a family or household member who commits an act of domestic and family violence.
2. A parent, guardian, or other representative may file a Petition for an order for
Protection on behalf of a minor victim against the family or household member who commits an
act of domestic violence.
3. No filing fee, bond, or other payment shall be required from the victim for the filing
of a petition for an order for protection under this Code. If an alleged perpetrator has been
arrested for the offense of domestic violence, the Court or arresting law enforcement officer shall
advise the alleged victim of the right to file a petition under this section without cost.
B. Contents of the Petition.
1. The petition shall include membership status or any other information necessary
to establish jurisdiction of the Court; the petitioner's name and address at the time of the
incident of domestic and family violence; the name, address, and relationship of the family or
household member who is the respondent; a description of the specific facts and circumstances
justifying the relief requested; the relief requested; and the current location of the respondent,
if known.
2. The current location of the petitioner shall not be released by the Court except on
petitioner's written request.
3. The petition shall also state the nature of any other legal matter pending regarding
the petitioner or the respondent; for example, criminal charges, child protection proceeding, and
divorce.
4. The petition may include a request that the court arrange for law enforcement to be
present at the time of the hearing.
C. Duty of Court Personnel to Provide Forms & Clerical Assistance.
1. The Clerk of Court or other designated person shall provide to a person requesting
an Order for Protection;
a) a standard petition form with instructions for completion;
b) all other forms required to petition for an order for protection, such as those
needed for service of process;
c) clerical assistance in filling out the forms and filing the petition for an order
for protection; and
d) provide written notice to the victim identifying the nearest available provider
of shelter and advocacy services.
2. In order to facilitate enforcement under full faith and credit provisions of state law
the Clerk of Court or other designated person shall send an authenticated copy of the emergency
order for protection and the order for protection to the local law enforcement agency or agencies
and the circuit court clerk for the county where respondent is located within one business day of
the issuance of the order.
D. Emergency Orders for Protection.
1. The Court shall immediately grant an ex-parte emergency order for protection if,
based on the specific facts stated in the petition, there is reasonable grounds to believe that the
petitioner is in danger of domestic and family violence occurring prior to a hearing on the
petition. An allegation of a recent incident of domestic and family violence constitutes
reasonable grounds to believe the petitioner is in danger.
2. The emergency order for protection may include the following relief:
a) prohibit the respondent from committing or threatening to commit acts of
domestic and family violence against the petitioner and the petitioner's family and
household members;
b) prohibiting the respondent from contacting or communicating with the
petitioner directly or indirectly;
c) removing and excluding respondent from the petitioner's residence,
regardless of ownership;
d) removing and excluding respondent from the petitioner's place of
employment and other locations frequented by petitioner; and
e) such other relief as the Court deems necessary to protect and provide for
the safety of the petitioner and any designated family or household member.
3. The emergency order for protection shall be served with the notice of hearing on
the respondent and shall expire at the time of the hearing.
E. Notice to Respondent & Other Interested Parties. The Court shall cause an emergency order
for protection, along with notice of hearing, notice of rights and a copy of the petition, to be served on
the respondent immediately. Service must be made by posted notice if personal service cannot be
completed within twenty four (24) hours.
F. Hearing.
1. The Court shall hold a hearing on the petition for an order for protection within
seven (7) days of the filing date of the petition.
2. The Court may extend the time for a hearing once for up to fourteen (14) days upon
consent of the parties or upon finding that respondent has not been timely served a notice of
hearing.
G. Remedies Available in an Order for Protection.
1. The Court may grant the following relief in an order for protection if requested by
the petitioner and after notice and hearing, whether or not the respondent appears:
a) prohibit the respondent from threatening to commit or committing acts of
domestic or family violence against the petitioner;
b) prohibit the respondent from harassing, telephoning, contacting, or
otherwise communicating with the petitioner directly or indirectly, or through others;
c) remove and exclude respondent from petitioner's residence, or if
Respondent owns or leases the residence and the petitioner has no legal interest in the
residence, then the Court may order the respondent to avoid the residence for a
reasonable length of time until the petitioner relocates;
d) remove and exclude respondent from petitioner's place of employment at
any time petitioner is present;
e) remove and exclude respondent from other specified locations frequented
by petitioner;
f) remove and exclude respondent from specified public social events and
activities;
(g) award temporary custody or establish temporary visitation rights with regard to
minor children of the respondent on a basis which gives primary consideration to the
safety of the claimed victim of domestic violence and the minor children;
(h) provide for child support and temporary support for the person having
custody of the children in any temporary custody order;
i) award temporary use and possession of property of the respondent;
j) restrain one or both parties from transferring, encumbering, concealing, or
disposing of property except as authorized by the Court and require that an
accounting shall be made to the Court of all such transfers, encumbrances,
dispositions, and expenditures;
k) refer minors who are family or household members for assessments and
services through the Indian Child Welfare Department, health services program, or
other tribal program;
l) require respondent to participate in alcohol and other assessments and to
participate in treatment where the treatment program meets the State of Wisconsin's
batterer's treatment standards;
m) limit or prohibit respondent from using or possessing a firearm or other
weapon as specified by the Court;
n) require respondent to reimburse the petitioner or any other person for
any expenses associated with the domestic or family violence, including but not
limited to medical expenses, counseling, shelter, and repair or replacement of damaged
property;
o) require respondent participate in community service, such as cutting
wood or providing other services for elderly members of the Tribe;
p) require that notice of respondent's act(s) of domestic and family
violence be publicly posted;
q) notify the parties that willful violation of any provision of the order
constitutes contempt of court punishable by a fine or imprisonment of both and
constitutes a violation of this Chapter for which civil penalties may be assessed; and
r) any other relief as the Court deems necessary to protect and provide for
the safety of the petitioner and any designated family or household member.
2. An order for protection shall not contain any provisions which impose
requirements on a victim of domestic and family violence. The Court may recommend
services for the victim and shall verify that the victim is aware of locally available shelter
facilities.
3. The Court shall not grant a mutual order for protection to opposing parties.
4. The Court shall not deny a petitioner the relief requested solely because of a lapse
of time between an act of domestic or family violence and the filing of the petition.
H. Service of Order for Protection. Orders for protection are to be served personally upon
the respondent in Court or by a law enforcement officer. If the respondent cannot be located, the
order will be mailed by certified mail to the respondent’s last known address, and upon application
with the Court, notice will be posted.
I. Copy to Law Enforcement Agency. Each order for protection granted pursuant to
Section 145.03(D) of this Chapter and each order issued under Section 145.03(G) of this Chapter
shall be forwarded immediately to the local law enforcement agency or agencies and the circuit court
clerk for the county where the respondent is located.
J. Duration, Extension, and Modification of Orders for Protection.
1. The provisions of the order for protection shall remain in effect for the period of time
stated in the order, not to exceed two (2) years, unless extended by the Court at the request of
any party or the request of the Domestic Abuse Program.
2. An order for protection may be modified or withdrawn following notice and hearing,
on the Court's own motion or upon the request of either petitioner or respondent if;
a) assessments or treatments ordered by the Court have been completed;
b) respondent demonstrates behavioral changes which eliminate the risk of a
recurrence of acts of domestic and family violence as verified by treatment providers
or other independent sources identified by the Court; or the Court determines the safety
needs of the petitioner and other family or household members are provided for by the
modification or withdrawal of the order for protection.
3. If respondent is excluded from petitioner's residence or ordered to stay away
from petitioner, an invitation by the petitioner to do so does not waive or nullify an order for
protection.
K. Enforcement and Penalties for Violation. Where respondent has violated an order for
protection, the Court may order additional and other remedies as provided in Section G., above and may
impose such penalties as are deemed necessary by the Court given the severity of the violation of the
order. Penalties include, but are not limited to those available for contempt, fines, assessments of court
costs and fees, and exclusion from tribal offices and businesses.
L. Full Faith & Credit.
1. Any protection order that is consistent with subsection 2) of this section by the court
of one state or Indian tribe (the issuing state or Indian tribe) shall be accorded full faith and credit
by this Tribe and enforced as if it were the order of this Tribal Court.
2. A protection order issued by a state or tribal court is consistent with this subsection
if:
a) such court has jurisdiction over the parties and matter under the law of such
state or tribe; and
b) reasonable notice and opportunity to be heard is given to the person against
whom the order is sought sufficient to protect that person's right to due process. In the
case of ex parte orders, notice and opportunity to be heard must be provided within the
time required by the issuing state's or tribe's law, and in any event within a reasonable
time after the order is issued, sufficient to protect the respondent's due process rights.
3. A protection order issued by a state or tribal court against one who has petitioned,
filed a complaint, or otherwise filed a written pleading for protection against abuse by a
spouse or intimate partner is not entitled to full faith and credit if:
a) no cross or counter petition, complaint, or other written pleading was filed
seeking such a protection order; or
b) a cross or counter petition has been filed and the court did not make specific
findings that each party was entitled to such an order.
Section 145.04 - Intervention & Referrals.
A. Confidentiality for Victims.
1. A victim of domestic abuse may refuse to disclose and may prevent any volunteer
or employee of a program for victims of domestic abuse from disclosing, the content of oral
communication and written records and reports concerning the victim.
2. This privilege may be waived only by the victim. It must be in writing and must
identify what information may be disclosed, to whom, and for what purpose. Such a waiver is
not valid after thirty (30) days or after the victim revokes the waiver.
3. This privilege does not relieve a person from a duty imposed under the Indian Child
Protection and Family Violence Act, codified as Title 18, United States Code § 1167, or
Wisconsin Statutes Chapter 48 to report child abuse or neglect or from providing evidence
about child abuse or neglect in State Court pursuant to proceedings under Wisconsin Statutes
Chapters 48 and 938 and in Tribal Court under Chapter 125, Children’s Code.
4. These provisions on confidentiality for victims shall not prevent the disclosure of
information compiled about incidents of domestic and family violence which protects the identity
of the victim and family or household members of the victim.
B. Intervention for Batterers. Where services are provided for batterers pursuant to an order for
protection the batterer who is ordered into the program shall be required by the Court to sign the
following releases:
1. allowing the provider of services to inform the victim and victim's advocate
whether or not the batterer is in treatment pursuant to the order, whether or not the
batterer is in compliance with treatment provisions, and whether or not the safety of the
victim and family or household members of the victim is at risk;
2. allowing prior and current treating agencies to provide information about
the batterer to the service provider; and
3 . allowing the service provider to provide information about the batterer to relevant legal
entities including courts, parole and probation officers and child protective services.
Section 145.05 - Severability. If any part or parts, or the application of any part, of this chapter is held
invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tribal
Council hereby declares that it would have passed the remaining parts of this chapter even if it had known
that such part or parts or the application of any part would be declared invalid.
RULES OF EVIDENCE
CHAPTER 150 - GENERAL
SECTION 150.1 - SCOPE
These rules shall apply to all proceedings in Tribal Court. The Tribal Court, subject to the
decisions of the Court of Appeals, shall interpret and apply these rules. The policies and rationales
underlying the Federal Rules of Evidence and the Wisconsin Rules of Evidence may be cited as
persuasive authority, but the Federal Rules and Wisconsin Rules shall not be controlling.
SECTION 150.2 - RULINGS ON EVIDENCE
No appeal may be predicated on an evidentiary ruling unless a substantial right of a party is
affected and
(a) An objection or motion to strike is timely made, stating the specific ground of
objection, unless the specific ground was clear from the context; and
(b) In the case of a ruling excluding evidence an offer of proof in the form prescribed by
the court is made.
CHAPTER 151 - RELEVANCY
SECTION 151.1 - DEFINITION
"Relevant evidence" is any evidence tending to make the existence of any fact of consequence
more or less probable.
SECTION 151.2 - ADMISSIBILITY
Only relevant evidence is admissible.
SECTION 151.3 - EXCLUSION OF RELEVANT EVIDENCE - GENERAL RULE
Relevant evidence may be excluded if its admission would violate any other section of this
chapter, or if its probative value is substantially outweighed by the danger of unfair prejudice, or
confusion of the issues, or if it would be cumulative, a waste of time, or cause undue delay.
SECTION 151.4 - EXCLUSION OF RELEVANT EVIDENCE - SPECIFIC RULES
Evidence of the following is not admissible, even if relevant:
(a) Statements made in settlement negotiations or mediation, compromises, or offers to
compromise, when offered to prove liability or the lack thereof.
(b) Corrective measures taken after an event, which would have made the event less likely
to occur, when offered to prove negligence or culpability.
(c) Payments, offers to pay, and promises to pay for medical, hospital, or disability
expenses, when offered to prove liability.
(d) Pleas of no contest or subsequently withdrawn pleas of guilty, in any court, when
offered against the person making the plea, to prove liability.
(e) Existence of insurance against liability, or lack thereof, when offered to prove
negligence or culpability.
CHAPTER 152 - PRIVILEGES
SECTION 152.1 - GENERAL
(a) Except as provided by this section, the Indian Civil Rights Act, or the United States
constitution, as applicable, no person is privileged to refuse to be a witness, to refuse to disclose any
matter, to refuse to produce any object or writing, or to prevent another from doing any of the above.
(b) A confidential communication is one not intended to be disclosed to any third party
except the agents or colleagues of the person to whom the disclosure is made, in the course of
furthering the purpose for which the disclosure was made.
(c) A privilege may be asserted by the person making the communication, or by the person
making the communication, or by the person to whom the communication was made, on behalf of that
person, unless the person making the communication has validly waived the privilege.
(d) Any person making a communication may waive the privilege by so testifying in open
court.
(e) No inference shall be drawn from the assertion of a lawful privilege.
SECTION 152.2 - ATTORNEY-CLIENT PRIVILEGE
A client has a privilege to refuse to disclose and to prevent any other person from disclosing
any confidential communication between the client and the attorney or attorney's agent, made for the
purpose of obtaining legal assistance, except:
(a) When such communication was used to commit or plan a crime.
(b) When two or more parties claim some right through the same deceased client, and the
communication is relevant to the claim.
(c) When the communication is relevant to a claim by the client against the attorney or by
the attorney against the client.
(d) When the attorney attested to a document and a communication is relevant to an issue
related to the attested document.
(e) When an issue exists between two or more joint clients, and a relevant communication
to the attorney was made in their common interest by one of the clients.
SECTION 152.3 - HEALTH CARE PROVIDER-PATIENT PRIVILEGE
A patient has a privilege to refuse to disclose and to prevent any other person from disclosing
a confidential communication between the patient and a physician, registered nurse, licensed
psychologist, psychiatric social worker, or chiropractor, or any person reasonably believed by the
patient to be one of the above, made for the purpose of obtaining diagnosis or treatment of the
patient's physical, mental or emotional condition, except:
(a) When the physical, mental, or emotional health of a patient is relied on by the patient
as an element of his claim or defense.
(b) When the court orders a physical, mental, or emotional examination of the patient, and
the results of the examination, including any review of records conducted, are offered in the
proceeding for which the examination was ordered.
(c) When an examination of a physically or emotionally abused or injured child creates a
reasonable ground for an opinion that the condition was other than accidentally caused, or was
inflicted by another.
(d) When the results of chemical tests for intoxication or blood alcohol concentration are
offered.
SECTION 152.4 - HUSBAND-WIFE PRIVILEGE
A person has a privilege to prevent his or her spouse or former spouse from testifying against
him or her as to any confidential communication made by him or her to the other during the marriage,
except when both spouses are parties to the action.
SECTION 152.5 - SPIRITUAL ADVISOR PRIVILEGE
A person has a privilege to refuse to disclose and to prevent another from disclosing a
confidential communication to his or her spiritual advisor in the advisor's capacity as such.
SECTION 152.6 - HONESTY TESTING DEVICES
A person has a privilege to refuse to disclose, and to prevent another from disclosing, any oral,
written, or other communication made in the course of, and any results deriving from, any polygraph,
voice stress analysis, psychological stress evaluator, or other test purporting to test honesty, in which
the person was the test subject.
SECTION 152.7 - BALLOT
A person has a privilege to refuse to disclose and to prevent another person from disclosing
his or her vote in any secret ballot, unless the ballot was cast illegally.
CHAPTER 153 - WITNESSES
SECTION 153.1 - OATH
Prior to testifying, every witness shall indicate by solemn oath or affirmation, in a form
prescribed by the Tribal Court, that he or she shall testify truthfully. A child or other person who may
not understand the significance of an oath or affirmation may be allowed to testify if the court is
satisfied that the witness understands the difference between truth and falsity and understands that he
or she must tell the truth.
SECTION 153.2 - PERSONAL KNOWLEDGE
A witness may only testify as to those facts within his or her personal knowledge.
SECTION 153.3 - OPINIONS
A witness may testify as to an opinion or inference only to the extent that the witness's
observations, experience, education, and training qualify the witness to offer the opinion or inference.
SECTION 153.4 - JUDGE AS WITNESS
The judge presiding at a trial may not testify as a witness.
SECTION 153.5 - CHARACTER EVIDENCE
A witness's character for truthfulness may be attacked by evidence of reputation, opinion, or
the testimony of the witness on direct or cross-examination, and if so attacked may be supported by
evidence of the types listed above.
SECTION 153.6 - IMPEACHMENT BY CONVICTION OF CRIME
The credibility of a witness may be impeached by evidence of the witness's conviction of a
crime.
SECTION 153.7 - PRIOR STATEMENTS
(a) A witness examined about a prior statement made by him or her need not be shown the
statement during the examination, but the statement shall be shown to opposing counsel upon
completion of that part of the examination.
(b) Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the
witness was examined so as to give him or her an opportunity to explain or deny the statement, or as
the interests of justice require.
SECTION 153.8 - COURT CONTROL
(a) The court shall exercise control over the mode and order of interrogating witnesses to
avoid waste of time and to protect witnesses from harassment.
(b) The scope of cross-examination extends to all relevant matters. The court may limit
cross examination to those matters inquired into upon direct examination.
(c) Leading questions may not be used on direct examination except in introductory
matters, matters not in dispute, or as deemed necessary by the court to develop testimony. A party
may call an adverse party or a witness identified with him or her and interrogate him or her by leading
questions.
(d) The court may call witnesses on its own motion, subject to cross-examination by the
parties, and may interrogate witnesses.
SECTION 153.9 - EXCLUSION OF WITNESSES
At the request of a party, the court shall order witnesses excluded from the courtroom except
while testifying, shall order witnesses to be kept separate from each other, shall order witnesses not to
communicate with each other, and shall order such other measures as in the court's discretion shall
prevent undue influence or taint upon testimony.
CHAPTER 154. WRITINGS.
SECTION 154.1 - WRITINGS USED TO REFRESH RECOLLECTION
(a) A witness may refer to any writing if necessary or helpful to refresh his or her
recollection for the purpose of testifying, and any writing so referred to, either before or during
testimony, shall be made available to an adverse party upon conclusion of that part of the
examination.
(b) An adverse party may cross-examine the witness on the writing, and may introduce in
evidence those portions of the writing that relate to the witness's testimony.
(c) If a claim is made that for any reason the writing cannot be made available to an
adverse party, the judge shall examine the writing in camera and shall make such orders as justice
requires, including striking all testimony of the witness subsequent to the use of the writing.
SECTION 154.2 - RECORDED RECOLLECTION
Any writing shown to have been made by the witness when the matter was fresh in his or her
mind, and shown to reflect that knowledge correctly, concerning a matter about which the witness
now has insufficient recollection to enable him or her to testify fully and accurately, is admissible.
SECTION 154.3 - SPECIFIC WRITINGS
Writings of the character set forth in this section are admissible, subject to the authentication
requirements of Section 154.4.
(a) Records of regularly conducted activity. A memorandum, report, record, or data
compilation, in any form, of acts events, conditions, opinions, or diagnosis, made at or near the time
by, or from information transmitted by, a person with knowledge, all in the course of a regularly
conducted activity, as shown by the testimony of the custodian or other qualified witness, unless the
sources of information or other circumstances indicate lack of trustworthiness.
(b) Health care records.
(1) "Health care records" are those records maintained by a hospital, physician,
licensed psychologist, psychiatric social worker, or dentist.
(2) When witness unnecessary. A custodian or other qualified witness is
unnecessary if the party who intends to offer hospital records into evidence at a trial or hearing files
with the court at least 10 days before the trial or hearing an accurate, legible and complete duplicate
of the hospital records for a stated period, certified by the record custodian, and notifies all appearing
parties at least 10 days before the trial or hearing that such records for the stated period have been
filed.
(3) Subpoena limitations. Hospital records are subject to subpoena only if the
hospital is a party to the action, or if authorized by an ex parte order of a judge for cause shown and
upon terms, of if upon a properly authorized request for an attorney, the hospital refuses, fails, or
neglects to supply within 2 business days a legible certified duplicate of its records at a minimum
charge of $5 per request. The rate shall be 10 cents per record page and $2 per x-ray copy.
(c) Public records and reports. Records, reports, statements, or data compilations, in any
form, of public offices or agencies, setting forth (a) the activities of the office or agency, or (b)
matters observed pursuant to duty imposed by law, or (c) in civil cases and against the state in
criminal cases, factual findings resulting from an investigation made pursuant to authority granted by
law, unless the sources of information or other circumstances indicate lack of trustworthiness.
(d) Records of vital statistics. Records or data compilations, in any form, of births, fetal
deaths, deaths, or marriages, if the record thereof was made to a public office pursuant to
requirements of law.
(e) Records of religious organizations. Statements of births, marriages, divorces, deaths,
whether a child is marital or non-marital, ancestry, relationship by blood or marriage, or other similar
facts of personal or family history, contained in a regularly kept record of a religious organization.
(f) Marriage, baptismal, and similar certificates. Statements of fact contained in a
certificate that the maker performed a marriage or other ceremony or administered a sacrament, made
by a clergyman, public official, or other person authorized by the rules or practices of a religious
organization or by law to perform the act certified, and purporting to have been issued at the time of
the act or within a reasonable time thereafter.
(g) Family records. Statements of fact concerning personal or family history contained in
family Bibles, genealogies, charts, engravings or rings, inscriptions on family portraits, engravings on
urns, crypts, or tombstones, or the lime.
(h) Records of documents affecting an interest in property. The record of a document
purporting to establish or affect an interest in property, as proof of the content of the original record
document and its execution and delivery by each person by whom it purports to have been executed,
if the record is a record of a public office and an applicable statute authorized the recording of
documents of that kind in that office.
(i) Statements in documents affecting an interest in property. A statement contained in a
document purporting to establish or affect an interest in property if the matter stated was relevant to
the purpose of the document, unless dealings with the property since the document was made have
been inconsistent with the truth of the statement or the purport of the document.
(j) Statements in ancient documents. Statements in a document in existence 20 years or
more whose authenticity is established.
(k) Market reports, commercial publications. Market quotations, tabulations, lists,
directories, or other published compilations, generally used and relied upon by the public or by
persons in particular occupations.
(l) Learned treatises. A published treatise, periodical or pamphlet on a subject of history,
science or art is admissible as tending to prove the truth of a matter stated therein if the judge takes
judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the
treatise, periodical or pamphlet is recognized in his profession or calling as an expert in the subject.
(1) No published treatise, periodical or pamphlet constituting a reliable authority
on a subject of history, science or art may be received in evidence, except for impeachment on
cross-examination, unless the party proposing to offer such document in evidence serves notice in
writing upon opposing counsel at least 40 days before trial. The notice shall fully describe the
document which the party proposes to offer, giving the name of such document, the name of the
author, the date of publication, the name of the publisher, and specifically designating the portion
thereof to be offered. The offering party shall deliver with the notice a copy of the document or of the
portion thereof to be offered.
(2) No rebutting published treatise, periodical or pamphlet constituting a reliable
authority on a subject of history, science or art shall be received in evidence unless the party
proposing to offer the same shall, not later than 20 days after service of the notice described in par.
(a), serve notice similar to that provided in par. (a) upon counsel who has served the original notice.
He shall deliver with the notice a copy of the document or of the portion thereof to be offered.
(3) The court may, for cause shown prior to or at the trial, relieve the party from
the requirements of this section in order to prevent a manifest injustice.
(m) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or
upon a plea of guilty (but not upon a plea of no contest), adjudging a person guilty of a crime to prove
any fact essential to sustain judgment, or to impeach. The pendency of an appeal may be shown but
does not affect admissibility.
(n) Judgment as to personal, family or general history, or boundaries. Judgments as proof
of matters of personal, family or general history, or boundaries, essential to the judgment, if the same
would be provable by evidence of reputation.
(o) Former testimony. Testimony given as a witness at another hearing of the same or a
different proceeding, or in a deposition taken in compliance with law in the course of another
proceeding, at the instance or against a party with an opportunity to develop the testimony by direct,
cross-, or redirect examination, with motive and interest similar to those of the party against whom
now offered, by a witness who is now physically unavailable to testify, refuses to testify, or lacks
memory sufficient to testify on the subject.
SECTION 154.4 - AUTHENTICATION
(a) No writing, photograph, or other documentary evidence may be admitted unless
evidence is supplied sufficient to prove that the matter in question is what it purports to be.
(b) No extrinsic evidence of authenticity is required for any of the following:
(1) Public documents under seal. A document bearing a seal purporting to be that
of any tribe of or of the United States, or of any state, district, commonwealth, territory, or insular
possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a
political subdivision, department officer or agency thereof, and a signature purporting to be an
attestation or execution.
(2) Public documents not under seal. A document purporting to bear the signature
in his official capacity of an officer or employee of any entity included in sub. (1), having no seal, if
the public officer having a seal and having official duties in the district or political subdivision of the
officer or employee certifies under seal that the signer has the official capacity and that the signature
is genuine.
(3) Public documents of foreign countries. A document purporting to be executed
or attested in his official capacity by a person authorized by the law of a foreign country to make the
execution or attestation, and accompanied by a final certification as to the genuineness of the
signature and official position (a) of the executing or attesting person, or (b) of any foreign official
whose certificate of genuineness of signature and official position relates to the execution or
attestation or is in a chain of certificates of genuineness of signature and official position relating to
the execution or attestation. A final certification may be made by a secretary of embassy or legation,
consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular
official of the foreign country assigned or accredited or accredited to the United States. If reasonable
opportunity has been given to all parties to investigate the authenticity and accuracy of official
documents, the judge may, for good cause shown, order that they be treated as presumptively
authentic without final certification or permit them to be evidenced by an attested summary with or
without final certification.
(4) Certified copies of public records. A copy of an official record or report or
entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed
in a public office, including data compilations in any form, certified as correct by the custodian or
other person authorized to make certification, by certificate complying with sub. (1), (2) or (3) or
complying with any statute or rule adopted by the supreme court.
(5) Official publications. Books, pamphlets or other publications purporting to be
issued by public authority.
(6) Newspapers and periodicals. Printed materials purporting to be newspapers or
periodicals.
(7) Trade inscriptions and the like Inscriptions, signs, tags or labels purporting to
have been affixed in the course of business and indicating ownership, control of origin.
(8) Acknowledged and authenticated documents. Documents accompanied by a
certificate of acknowledgment under the hand and seal of rubber stamp of a notary public or other
person authorized by law to take acknowledgments or any public officer entitled by virtue of his
public office to administer oaths or authenticated or acknowledged as otherwise authorized by statute.
(9) Commercial paper and related documents. Commercial paper, signatures
thereon, and documents relating thereto to the extent provided by the Uniform Commercial Code.
(10) Health care records. Records filed with the court pursuant to Section 154.3(b).
(11) Subscribing witness's testimony The testimony of a subscribing witness is not
necessary to authenticate a writing that is otherwise admissible.
CHAPTER 155 - HEARSAY
SECTION 155.1 - DEFINITIONS
(a) Statement. A "statement" is (a) an oral or written assertion or (b) nonverbal conduct of
a person, if it is intended by him as an assertion.
(b) Declarant. A "declarant" is a person who makes a statement.
(c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while
testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
(d) Hearsay exclusions. A statement is not hearsay if:
(1) Prior statement by witness. The declarant testifies at the trial or hearing and is
subject to cross-examination concerning the statement, and the statement is:
(i) Inconsistent with his testimony, or
(ii) Consistent with his testimony and is offered to rebut an express or
implied charge against him of recent fabrication or improper influence or motive, or
(iii) One of identification of a person made soon after perceiving him; or
(2) Admission by party opponent. The statement is offered against a party and is:
(i) His own statement, in either his individual or a representative capacity,
or
(ii) A statement of which he has manifested his adoption or belief in its
truth, or
(iii) A statement by a person authorized by him to make a statement
concerning the subject, or
(iv) A statement by his agent or servant concerning a matter within the
scope of his agency or employment, made during the existence of the relationship, or
(v) A statement by a coconspirator of a party during the course and in
furtherance of the conspiracy.
(3) Any writing specified in Section 154.3.
SECTION 155.2 - HEARSAY RULE
Hearsay is admissible only if facts and circumstances indicate that it has a sufficiently high
degree of trustworthiness to justify its admission.
CHAPTER 156 - JUDICIAL NOTICE
SECTION 156.1 - ADJUDICATIVE FACTS
The court may at any time in a proceeding take judicial notice of an adjudicative fact that is
not subject to reasonable dispute in that it is either generally known within the territorial jurisdiction
of the court or is capable of accurate and ready determination by resort to sources whose accuracy
cannot reasonably be questions.
SECTION 156.2 - FOREIGN LAW
The court may take judicial notice of any foreign law properly authenticated.
SECTION 156.3 - LEGISLATIVE FACTS
This section does not control the taking of judicial notice of legislative facts.
CHAPTER 201 - POWERS OF TRIBAL WARDENS
SECTION 201.1 - WARRANTS AND PROCESS
Any tribal warden may execute and serve warrants and processes issued by the tribal court in
the same manner as any law enforcement officer of the State of Wisconsin may serve and execute
such state warrants and processes under state law.
SECTION 201.2 - STOP AND SEARCH
For the purpose of enforcing any natural resource ordinance of the tribe or such other
ordinance as the Tribal Council may direct, any tribal warden may stop and board any boat and stop
any automobile, snowmobile, or other vehicle, if the tribal warden reasonably suspects there is a
violation or breach of such ordinance. Any tribal warden may, with or without warrant, open, enter,
and examine all buildings, camps, vessels or boats, wagons, trailers, automobiles or other vehicles
snowmobiles, stages, tents, suit cases, valises, packages, and other receptacles and places where the
tribal warden has probable cause to believe that game, fish, or other natural products of the Bad River
Reservation taken or held in violation or breach of any tribal natural resource ordinance are to be
found.
SECTION 201.3 - ARREST OF MEMBERS
Any tribal warden may arrest, with or without a warrant, any tribal member detected in the
actual violation, or whom such warden has probable cause to believe guilty of a violation of any tribal
natural resource ordinance or such other tribal ordinance as the Tribal Council may direct, whether
such violation is punishable by criminal penalties or civil remedial measures, and may take such
member before the tribal court and make proper complaint.
SECTION 201.4 - CIVIL REMEDIAL ENFORCEMENT
Any tribal warden may issue a citation to any member or non-member if the tribal warden
reasonably believes that such person has breached a provision of any tribal natural resource ordinance
or such other ordinance as the Tribal Council may direct, and may seize and hold any property
authorized to be seized in such ordinance, pursuant to the civil remedial forfeiture provisions of the
Tribal Court Code.
POWERS OF TRIBAL WARDENS - ENACTED BY RESOLUTION NO 6-24-80-85
CHAPTER 300 - CONSERVATION; GENERAL PROVISION
SECTION 300.01 - WASTE
No member shall unreasonably waste, injure destroy, or impair natural resources while
engaging in the exercise of on-reservation hunting, fishing, trapping, or gathering rights, or in the
disposition of any animal or plant taken in such exercise, whether such disposition is on-reservation
or off-reservation, and whether such waste, injury, destruction or impairment is accomplished by act
or by omission.
WASTE ENACTED BY RESOLUTION #10-3-90-148
SECTION 300.02 - TRESPASS
(a) No member or non-member Indian shall trespass while hunting, fishing, or trapping,
snowmobiling, recreational vehicles, or any other activity on land of another, after having been
notified by the owner or occupant not to enter or remain on such land. Notification may be personal,
either orally or in writing, or by posting. Posting is accomplished if the owner or occupant places a
sign at least 11 inches square in at least two conspicuous places for every forty acres to be protected,
including the appropriate notice, the name of the person giving notice, and title of "owner" or
occupant: as appropriate.
(b) No non-member shall trespass for the purpose of hunting, fishing, trapping or
gathering, snowmobiling, recreational vehicles, or any other activity on lands owned either by the
Tribe, a tribal member, or the United States in trust for the Tribe or a tribal member.
TRESPASS ENACTED BY RESOLUTION #1-18-91-164
SECTION 300.03 - TAMPERING WITH EQUIPMENT OF ANOTHER
No member shall molest, disturb, tamper with or in any way otherwise interfere with any
hunting, fishing, trapping or gathering equipment or bait, used, set, or placed by another member
without that member's permission.
TAMPERING ENACTED BY RESOLUTION #12-5-90-153
SECTION 300.4. - ENDANGERED AND THREATENED SPECIES
No member shall take, transport, possess, process, or sell any plant or animal species
contained on either the federal (50 CFR Sections 17.11 and 17.12) or the State of Wisconsin (Wis.
Adm. Code NR 27.03) endangered or threatened species list, as may be amended from time to time,
or any species which the Tribal Council may declare as endangered or threatened, and no tag as
provided for in Chapter 305 shall be issued or affixed to the carcass or part thereof of any such
species.
ENDANGERED SPECIES ENACTED BY RESOLUTION #1-18-91-162
SECTION 300.50 - FORFEITURES
(a) Except as specifically provided in this section, a civil remedial forfeiture not to exceed
$1,000 may be assessed against any person for breach of any provision of this chapter.
(b) Except as specifically provided in this section, a civil remedial forfeiture not to exceed
$2,000 may be assessed against any person for a breach of any provision of this chapter, who has been
found to have breached the same provision at least once before in the five years proceeding the
violation.
(c) In addition to any other penalty herein, the Court may order a suspension or revocation
of any or all hunting, fishing and gathering rights.
FORFEITURES ENACTED BY RESOLUTION #1-18-91-163
CHAPTER 301 - HUNTING OF DEER
SECTION 301.1 - FINDINGS
The Tribal Council finds that the lands now comprising the Bad River Reservation were
traditional hunting grounds for the ancestors of the Tribe; that these lands were selected as a
Reservation because of their wealth of fish, game, and wild rice; that deer have been a nutritional
staple for members of the Tribe for generations beyond memory; that deer continue to provide a
substantial portion of the protein and other nutritional needs of the Tribe's members; that high
unemployment and cash-poor local economy indicate that deer will remain critical as a food source
for the Tribe's members; that pressure on the deer population by non-member sport hunting reduces
the availability of deer as a food source for members; that non-members flaunting of tribal
conservation laws has contributed to a decline in the reservation deer population; and that effective
regulation of both member and non-member hunting of deer is essential for the preservation of the
species in numbers sufficient to supply the economic and nutritional needs of the Tribe's members.
SECTION 301.2 - DEFINITIONS
(a) "Conservation Department" means the Conservation Department of the Tribe.
(b) "Member" means any person who is enrolled or is eligible for enrollment in the Tribe,
or who is recognized as a member of the Tribe by the Tribal Council.
(c) "Non-members" means any person who does not come within the definition of
member.
(d) "Reservation" means the Bad River Reservation.
(e) "Tribal Council" means the Tribal Council of the Tribe.
(f) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians of
the Bad River Reservation.
SECTION 301.3 - HUNTING PRESCRIBED
(a) No person shall hunt or take any deer within the reservation except during the open
season.
(b) No person shall hunt or take any deer within the reservation in excess of the limit
allowed.
SECTION 301.4 - SEASON, LIMITS
Open seasons and limits are established as follows:
Open Season Limit
(a) Member July 1 - January 31 None
(b) Non-member none n/a
SECTION 301.5 - REPORTING A KILL
(a) No member who takes a deer shall fail to comply with reporting of kill regulations as
established by the Conservation Department.
(b) No non-member who takes a deer shall fail to report the kill to the Conservation
Department within 72 hours of the kill.
SECTION 301.6 - EQUIPMENT AND METHODS
(a) No person shall, while hunting deer:
(1) Hunt with any means other than the use of a gun discharged from the shoulder
or a bow and arrow.
(2) Have in possession while hunting any poisoned, drugged, or explosive tipped
arrow.
(3) Have in possession while hunting any indecendiary type ammunition, except
hunter distress flares.
(4) Be in possession of handguns (any gun having a barrel less than 12 inches in
length) if under the age of 18 years unless supervised by an adult 18 years of age or older.
(5) Hunt with the aid of a dog.
(6) Use arrows that are not well sharpened broad head blades. Broad head blades
may not be less than seven-eights of an inch or more than one-half inches in width.
(b) No person shall, while hunting deer:
(1) Discharge a firearm on lands of another within 500 yards of a building devoted
to human occupancy without permission of the owner or occupant.
(2) Appropriate, molest, or disturb any deer or the carcass or part thereof which has
been lawfully reduced to possession by another without having that person's consent.
(3) Hunt with the use of an airplane, including the use of an airplane to spot, rally
or drive deer for hunters on the ground.
(4) Put out bait containing poison where it might cause the destruction of wild
animals or birds or possess poison while hunting or trapping.
(5) Place, operate, or attend, spread, or set any net, pitfall, spring gun, pivot gun, or
any other contrivance for the purpose of catching or which catch or take deer.
(6) Take or attempt to take any deer with the aid of any explosives.
(7) Train dogs by pursuing deer.
(8) Fail to make every reasonable effort to retrieve all deer crippled or killed.
SECTION 301.7 - LICENSING
No person shall hunt or take deer who does not have in his or her possession a valid license
issued to him or her by the Conservation Department, or who does not have or is not eligible to
receive a membership or enrollment card of the Tribe.
SECTION 301.8 - FORFEITURES
(a) The following civil remedial forfeitures may be assessed against any person for a
breach of the provisions of this chapter.
(1) For breach of any provision of Section 301.3, a forfeiture not greater than
$100.00.
(2) For breach of Section 301.5, a forfeiture not greater than $100.00.
(3) For breach of any provision of Section 301.6, a forfeiture not greater than
$100.00.
(4) For breach of Section 301.7, a forfeiture not greater than $100.00.
(b) The following civil remedial forfeitures may be assessed against any person for a
breach of the provisions of the chapter, and against whom a breach of the same provision is found to
have occurred at least once before:
(1) For breach of any breach any provision of Section 301.3, a forfeiture not
greater than $500.00.
(2) For breach of any provision of Section 301.5, a forfeiture not greater than
$500.00.
(3) For breach of any provision of Section 301.6, a forfeiture not greater than
$500.00.
(4) For breach of Section 301.7, a forfeiture not greater than $500.00.
SECTION 301.9 - SEIZURE AND FORFEITURE
(a) Any deer taken in violation of this chapter may be seized by the Conservation
Department and may be ordered forfeited.
(b) Any equipment used in the violation of this chapter maybe seized by the Conservation
Department and ordered forfeited.
SECTION 301.10. - SEVERABILITY
Should any section of this chapter be held to exceed the regulatory authority of the Tribe the
remainder hereof shall not affected thereby.
HUNTING OF DEER - ENACTED BY RESOLUTION NO. 9-2-81-12/SECTION 301.6(B)AMENDED BY RES. NO. 11-19-95-107B
CHAPTER 302 - TAKING OF WALLEYE
SECTION 302.1 - FINDINGS
The Tribal Council finds that the lands now comprising the Bad River Reservation were
traditional hunting and fishing grounds for the ancestors of the Tribe; that those lands were selected as
a Reservation because of their wealth of fish, game and wild rice; that walleye have been a nutritional
staple for members of the Tribe for generations beyond memory; that walleye continue to provide a
substantial portion of the protein and other nutritional needs of the Tribe's members; that high
unemployment and a cash-poor local economy indicate that walleye will remain critical as a food
source for the Tribe's members; that pressure on the walleye population by non-member sport fishing
reduces the availability of walleye as a food source for members; that the stocking activities of the
Tribe's fish hatchery have contributed significantly over the last several years to the reservation
walleye population; that non-member flaunting of tribal conservation laws have contributed to a
decline in the reservation walleye population; and that effective regulation of both member and
non-member taking of walleye is essential for the preservation of the species in numbers sufficient to
supply the economic and nutritional needs of the Tribe's members.
SECTION 302.2 - DEFINITIONS
(a) "Conservation Department" means the Conservation Department of the Tribe.
(b) "Member" means any person who is enrolled or is eligible for enrollment in the Tribe,
or who is recognized as member of the Tribe by the Tribal Council.
(c) "Non-member" means any person who does not come within the definition of member.
(d) "Reservation" means the Bad River Reservation.
(e) "To fish" means to use a hook and line, net, spear, or any other means to catch and take
fish.
(f) "Tribal Council" means the Tribal Council of the Tribe.
(g) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians of
the Bad River Reservation.
SECTION 302.3. - FISHING PRESCRIBED
(a) No person shall fish for or take any walleye within the reservation except during the
open season.
(b) No person shall fish for or take any walleye within the reservation in excess of the
limit allowed.
SECTION 302.4 - SEASONS, LIMITS
Open seasons and limits are established as follows:
(a) Member. In the Kakagon River system the open season shall be at all times other than
those posted by the Conservation Department at spawning season. In the Bad River system the open
season shall be year-round. There shall be no limit.
(b) Non-member. There shall be no open season in either the Kakagon or Bad River
systems.
SECTION 302.5. - REPORTING OF KILL
No person who takes walleye shall fail to comply with reporting regulations as established by
the Conservation Department.
SECTION 302.6 - LICENSING
No person shall fish for or take walleye who does not have in his or her possession a valid
license issued to him or her by the Conservation Department, or who does not have or is not eligible
to receive a membership or enrollment card of the Tribe.
SECTION 302.7 - FORFEITURES
(a) The following civil remedial forfeitures may be assessed against any person for a
breach of the provisions of this chapter.
(1) For breach of any provision of Section 302.3, a forfeiture not greater than
$100.00.
(2) For breach of Section 302.5, a forfeiture not greater than $100.00.
(3) For breach of Section 302.6, a forfeiture not greater than $100.00.
(b) The following civil remedial forfeitures may be assessed against any person for a
breach of the provisions of the chapter, and against whom a breach of the same provision is found to
have occurred at least once before:
(1) For breach of any provision of Section 302.3, a forfeiture not greater than
$500.00.
(2) For breach of any provision of Section 302.5, a forfeiture not greater than
$500.00.
(3) For breach of Section 302.6, a forfeiture not greater than $500.00.
SECTION 302.8 - SEIZURE AND FORFEITURE
(a) Any walleye taken in violation of this chapter may be seized by the Conservation
Department and ordered forfeited.
(b) Any equipment used in violation of this chapter may be seized by the Conservation
Department and ordered forfeited.
SECTION 302.9 - SEVERABILITY
Should any section of this chapter be held to exceed the regulatory authority of the Tribe, the
remainder hereof shall not be affected thereby.
TAKING OF WALLEYE - ENACTED BY RESOLUTION NO. 9-2-81-92
CHAPTER 303 - HARVESTING OF WILD RICE
SECTION 303.1. FINDINGS
The Tribal Council finds that the lands now comprising the Bad River Reservation were
traditional hunting, fishing, and gathering grounds for the ancestors of the Tribe; that these lands were
selected as a Reservation because of their wealth of fish, game, and wild rice; that wild rice has been a
nutritional staple for members of the Tribe for generations beyond memory; that wild rice continues
to provide a substantial portion of the protein and other nutritional needs of the Tribe's members; that
the annual harvest of wild rice is a traditional event of long-standing cultural importance; that high
unemployment and cash-poor local economy indicate that wild rice will remain critical as a food
source for the Tribe's members; that one predictable source of cash income for the Tribe's members is
the sale of wild rice to non-residents of the reservation; and that effective regulation of both member
and non-member harvesting of wild rice is essential for the preservation of wild rice in amounts
sufficient to supply the economic, nutritional, and cultural needs of the Tribe's members.
SECTION 303.2. - DEFINITIONS
(a) "Conservation Department" means the Conservation Department of the Tribe.
(b) "Member" means any person who is enrolled or is eligible for enrollment in the Tribe,
or who is recognized as a member of the Tribe by the Tribal Council.
(c) "Non-member" means any person who does not come within the definition of member.
(d) "Reservation" means the Bad River Reservation.
(e) "Tribal Council" means the Tribal Council of the Tribe.
(f) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians of
the Bad River Reservation.
SECTION 303.3. - RICING PRESCRIBED
No person shall engage in any ricing activity within the boundaries of the reservation except
during such times and except within such areas as the Conservation Department shall declare to be
open to ricing.
SECTION 303.4 - LICENSING
No person shall rice who does not have in his or her possession a valid license issued to him
or her by the Conservation Department, or who does not have or is not eligible to receive a
membership or enrollment card of the Tribe.
SECTION 303.5 - NOTICE AND POSTING
(a) The Conservation Department shall monitor the ripening of wild rice within the
reservation and shall give notice 24 hours before opening the first area of the season. Thereafter no
notice need be given before opening additional areas.
(b) The Conservation Department shall post signs indicating the limits of open areas.
SECTION 303.6. - MECHANIZATION PROHIBITED
No person shall use any mechanical means to harvest wild rice, nor shall any person operate
any boat motor or engine within the rice fields.
AMENDED BY RESOLUTION NO. 10-7-81-26
SECTION 303.7. - FORFEITURES
(a) Any person violating Sections 303.3, 303.4, or 303.6 of this chapter for the first time
shall be subject to a forfeiture of not more than $150.00.
(b) Any person violating Sections 303.3, 303.4, or 303.6 of this chapter who has been
previously found to have violated either Sections 303.3, 303.4, or 303.6 of this chapter or who is
subsequently found to have previously violated either Section 303.3, 303.4, or 303.6 of this chapter
shall be subject to a forfeiture of not more than $250.00.
SECTION 303.8. - SEIZURE AND FORFEITURE
(a) Any rice harvested in violation of this chapter may be seized by the Conservation
Department and ordered forfeited.
(b) Any equipment used in violation of this chapter may be seized by the Conservation
Department and ordered forfeited.
HARVESTING OF WILD RICE - ENACTED BY RESOLUTION NO. 9-2-81-12
CHAPTER 304. - TRAPPING ORDINANCE
SECTION 304.1 - PURPOSE
It is the purpose and intent of this ordinance to regulate the taking of fur bearers on the Bad
River Reservation. The Tribe believes it is important to provide an opportunity for its trappers to take
such animals as are necessary for cultural or economic purposes while still protecting the integrity of
the species. The Tribe also believes it is important to provide for a system which protects its
members from harassment and interference by non-Indians.
SECTION 304.2 - JURISDICTION
Any violation of this ordinance shall be referred to the Bad River Tribal Court.
SECTION 304.3 - SALE OF FUR
Any furs, either trapped or shot by a Bad River Tribal member on reservation, which shall be
sold to an authorized fur dealer or individual shall be tagged with the Bad River registration tag.
SECTION 304.4 - LIMITATION OF TAGS
Such tribal trapper/hunter who traps or kills certain tribally designated protected species shall
be limited to either one or two tags depending on the species. These species shall be established by
the Bad River Conservation Department. Additional tags may be distributed if the individual meets
the requirements set forth by the Conservation Department. The Tribe designates bobcat and fisher as
protected species for 1986-87.
SECTION 304.5 - PROHIBITIONS
No member shall tag or sell any fur pursuant to this system which was not trapped/killed by a
tribal member on the reservation. This shall not be construed to prohibit members from
trapping/killing game off reservation pursuant to an off reservation system.
SECTION 304.6. PENALTY
(a) A violation of sections 304.3 and 304.4 shall result in a minimum forfeiture of no less
than $50.00.
(b) A violation of section 304.5 shall result in a forfeiture of no less than $100.00.
(c) Community service may be assessed in addition to the penalties set forth in (b) or in
lieu of the penalties assessed in (a).
(d) Tags for any species including fish may be withheld upon failure to pay the set
forfeiture or with flagrant or multiple violations, tags will be withheld.
CHAPTER 304 ENACTED BY RESOLUTION #12-3-86-11+9
CHAPTER 305 - TAGGING
SECTION 305.1 - DEFINITIONS
(a) "Office" means the Rights Protection Office of the Bad River Band of the Lake
Superior Tribe of Chippewa Indians.
(b) "Reservation" means all lands within the exterior boundaries of the Bad River
Reservation.
(c) "Warden" means the Chief Conservation Officer of the Bad River Band of the Lake
Superior Tribe of Chippewa Indians or any of his deputies.
SECTION 305.2 - TAGGING REQUIRED
No person shall remove from the Reservation any fish or game that does not bear a tag issued
in conformity with the procedures established by Sections 305.3 and 305.4 herein.
SECTION 305.3 - ISSUANCE OF TAGS
(a) Any person authorized by treaty, tribal ordinance, or tribal license to fish, hunt, or trap
on Reservation lands may apply to the Warden for the issuance of tags.
(b) After inspection of the fish or game the applicant proposes to remove from the
Reservation, and upon payment by the applicant of an issuance fee, the Warden shall issue, attach,
and lock on each carcass or party thereof proposed for removal, a tag bearing a number and the words
"Bad River Tribe'.
(c) No tags shall be issued to any applicant for a number of carcasses or parts thereof
greater than the number the applicant is authorized to remove.
SECTION 305.4 - ISSUANCE FEES
(a) A schedule of issuance fees shall be compiled by the Office. Fees shall reflect the
costs incurred by the Office in procuring and distributing the tags.
(b) Persons eligible to receive tags may pre-pay for the number of tags which they are
authorized to receive or any portion thereof. The Warden may issue tags to an applicant who has so
pre-paid by deducting from the applicant's account the number of tags issued.
SECTION 305.5 - RECORDS
(a) Upon issuance of a tag, the Warden shall record in a record book the following
information:
(1) The date of issuance.
(2) The name and address of the person to whom issued.
(3) The species and a description of the fish or game tagged.
(4) The destination of the person to whom issued.
(5) The name of the issuing warden.
(b) The record book containing the information required by section 305.5(a) shall be
available to the public during regular working hours for inspection and duplication.
SECTION 305.6 - LAKE TROUT
Any tribal member who, fishing under his rights as a Bad River member, catches lake trout in
Lake Superior is required to obtain a tag for each fish, under any procedures specified by this chapter,
prior to his transportation of the fish off of the reservation, or his introduction of the fish into
off-reservation commerce.
SECTION 305.7. - FORFEITURES
(a) Any person violating Section 305.2 or Section 305.6 for the first time shall be subject
to a forfeiture of not more than $150.00.
(b) Any person violating Section 305.2 or Section 305.6 who has been previously found to
have violated the same section or who is subsequently found have previously violated the same
section shall be subject to a forfeiture of not more than $250.00.
TAGGING - ENACTED BY RESOLUTION NO. 11-5-80-132/AMENDED BY RESOLUTION NO. 11-18-82-01
CHAPTER 306. - MOOSE
SECTION 306.01. PROHIBITIONS
(a) No member of the Bad River Band of the Lake Superior Tribe of Chippewa Indians
may shoot, shoot at, or kill any moose on the Bad River Reservation (Reservation).
(b) No member may harass, molest, worry, or cause or permit an animal owned by him or
her to harass, molest or worry any moose on the Reservation.
SECTION 306.02. PENALTY
Any member found by the Bad River Tribal Court to have violated Section 306.01 (a) or (b)
may be ordered to forfeit not more than $2,500.00.
SECTION 306.03. EFFECTIVE DATE
The chapter is effective as of the date of passage.
SECTION 306.04. SUNSET
This chapter shall of no force and effect on and after August 15, 1995, unless renewed by the
Tribal Council.
CHAPTER 310 - CLOSED FISHING SEASON
SECTION 310.1 - PROHIBITING OF FISHING
The taking of fish by any means during the spawning season from the waters of the Kakagon
Sloughs, Wood Creek, and Bear Trap Creek, by members and non-members, is banned, except for the
fish needed by the Fish Hatchery located on the Bad River Reservation and other lawfully authorized
personnel in the performance of their duties, i.e. U.S. Fish and Wildlife Service.
SECTION 310.2 - POSTING
The exterior boundaries of the Bad River Reservation and any acquired lands outside of the
Reservation shall be posted as to the closure set forth in Section 310.1.
SECTION 310.3 - PENALTIES
(a) Any individual who violates this ordinance and does so for the first time shall be
punished by a fine of not more than one hundred dollars ($100.00).
(b) An individual who violates this ordinance, who has previously been found guilty of
violating this same ordinance, shall be punished by a fine of up to but not more than two hundred fifty
dollars($250.00).
SECTION 310.4 - RIGHT TO TRIAL
Any person accused of violating this ordinance shall be entitled to a trial in the Bad River
Tribal Court.
SECTION 310.5 - GAME WARDENS
This ordinance shall be enforced by Tribal Game Wardens to be appointed by the Tribal
Council.
SECTION 310.6 - SEIZURE
Game Wardens and other appointed officials are hereby authorized to seize and impound
weapons, fishing, trapping, and ricing gear and other implements used in such activities as evidence
together with any fish, game or rice as found in the possession of a person violating this ordinance in
order to utilize such in connection with prosecution.
SECTION 310.7. - FORFEITURE
The court may order all impounded weapons, gear, implements and fish, and rice forfeited, as
to any individual who does not appear in court at the time required or who is found by the court to
have committed a breach of this ordinance.
CHAPTER 315 - SETTING OF NETS
SECTION 315.1
Any nets set in any river, stream, or other navigable water within the boundaries of the Bad
River Reservation shall be sunk so as not to impede navigation.
SECTION 315.2
Any net in river, stream, or other navigable water within the boundaries of the Bad River
Reservation shall be marked with the name of the owner and the words "Bad River" or an
abbreviation thereof, indicating the tribal membership of the owner. Such marking shall be of an
indelible nature and shall be placed on a red or white buoy, jug or other floating device.
SECTION 315.3
Any person who sets a net in any river, stream, or other navigable water within the Bad River
Reservation shall check the net and remove all fish therefrom at least once within each twenty-four
hour period.
SECTION 315.4
Except as provided in Section 315.5, no person shall remove fish from the net of another
without authorization by the owner of the net. Any owner giving authorization shall so notify the Bad
River Conservation Office.
SECTION 315.5
Tribal conservation wardens may inspect any net found in any river, stream, or other navigable
waters within the Bad River Reservation. Any net which a warden reasonably suspects to be in
violation of Section 315.1, 315.2, or 315.3 of this ordinance may be immediately seized, including
any fish therein.
SECTION 315.6
For a first violation of Sections 315.1, 315.2, or 315.3 of this ordinance, a civil forfeiture not
to exceed $50.00 may be assessed, and the net used forfeited. For a second violation and any
violation subsequent thereto of Sections 315.1, 2 or 3, a civil forfeiture not to exceed $100.00 may be
assessed and the net used forfeited. For a violation of Section 315.4 of this ordinance a civil
forfeiture not to exceed $100.00 may be assessed. For a second violation and any violation
subsequent thereto of Section 315.4 a civil forfeiture of $200.00 may be assessed. In addition to the
forfeiture assessed for a violation of Section 315.4, the court may order restitution made to the person
whose net was subject to the unauthorized taking.
CHAPTER 320 - CLOSED DEER SEASON
SECTION 320.1 - PROHIBITION
(a) No member of the Bad River Band shall take, catch, kill, hunt, pursue, shoot, or trap,
by any means whatsoever, any deer within the boundaries of the Bad River Reservation during the
closed season.
(b) The closed season shall extend from midnight of the night of January 31 to midnight of
the night of June 30.
SECTION 320.2. - PENALTIES
(a) Any individual who violates this ordinance shall be assessed a civil forfeiture of not
more than $100.00.
(b) Any individual who violates this ordinance and who has once previously been found in
violation of this ordinance shall be assessed a civil forfeiture of not more than $250.00.
(c) Any individual who violates this ordinance and who has more than once previously
been found in violation of this ordinance shall be assessed a civil forfeiture of not more than $500.00.
SECTION 320.3
(a) Any weapons and other implements used in a commission of a breach of this
ordinance, and any game found in the possession of a person believed to be violating this ordinance
may be seized immediately and impounded.
(b) The court may order all impounded weapons, implements, and game forfeited as to any
individual who does not appear in court at the time required or who is found by the court to have
committed a breach of this ordinance.
SECTION 320.4.
This ordinance shall be posted for fifteen days at the Tribal Center and at the Conservation
Office and shall become effective on January 31, 1981.
Closed Deer Season - Enacted by Resolution No. 12-3-80-141/Amended by Resolution No. 7-1-81-200
CHAPTER 325 - COMMERCIAL FISHING REGULATIONS
CHAPTER 325 ENACTED BY RESOLUTION #3-7-84-59/AMENDED BY RESOLUTION
3-20-86-11/11-5-86-79/REPEALED AND RECREATED BY RESOLUTION #8-16-90-132
SECTION 325.1 - FINDINGS
The Tribal Council finds that the fisheries of the Bad River Tribe, both on the reservation and
in Lake Superior, constitute important communal resources possessed by the Tribe as a whole. The
Bad River Tribe has a long history of lake and river fishing and a long history of respect for the fish
its members pursue. Both before and after the treaty era, Bad River members fished for subsistence,
consuming some of the fish they caught, and selling, on a subsistence level, others. Tribal members
have also fished for market on a commercial scale, and the time is not so far past when commercial
fishing wharves lined the Bad River at Old Odanah, home port to member-owned fishing steamers.
The Tribe's interests in the fish of the reservation and of the Lake continue to today. Today's
interest is to see that the fish populations survive for harvest tomorrow, and into generations yet
unseen. The Tribe's interest is also to provide a source of subsistence - for home use consumption
and also for small scale market activity - to its members. Finally, the Tribe's interest is to provide a
stable, protected source for the livelihood of those of its members who pursue the Lake's fish on a
commercial scale.
To meet these interests, the Tribe has embarked on a cooperative management program with
the Red Cliff Band of Lake Superior Chippewas and the Wisconsin Department of Natural Resources.
It is only through the joint efforts of the three sovereigns with rights in the Lakes' resources that
effective regulation and equitable sharing of the resource can be achieved. This chapter is therefore
promulgated.
SECTION 325.2 - DEFINITIONS
(a) "Agreement" means the Lake Superior Management Agreement of April 7, 1986, as
amended by Amendment #1 of 1991.
(b) "Commercial licensee" means a tribal member who has purchased a commercial
license from the Conservation Department.
(c) "Conservation Department" means the Tribe's conservation department, including any
tribal warden or member of the biological staff.
(d) "Fish" under this chapter refers to any fish taken for commercial purposes.
(e) "Fisheries Office" means the Bad River Fisheries Office.
(f) "Fisherman" means any tribal member engaged in fishing whether a commercial
licensee or not.
(g) "Fishing" under this chapter is defined as taking a fish with a net.
(h) "Fishing day" means any day during the open season for commercial fishing of lean
lake trout and whitefish.
(i) "Immediate family" means, for purposes of this chapter only, spouse, mother, father,
son, daughter, step-son, step-daughter, grandparent, and grandchild.
(j) "Member" means an enrolled member of the Bad River Band of Lake Superior Tribe
of Chippewa Indians.
(k) "Reservation" means the Reservation of the Bad River Band of the Lake Superior
Tribe of Chippewa Indians.
(l) "State conservation warden" means a warden of the Wisconsin State Department of
Natural Resources.
(m) "Tagging" is defined as affixing a tag to a fish and locking it securely.
(n) "Tribal Council" means the governing body of the Bad River Band of the Lake
Superior Tribe of Chippewa Indians.
(o) "Tribal Court" means the Tribe's tribal court.
(p) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(q) "Valid tag" means a lean lake trout tag issued for use during the season in which it is
used, and used by one authorized to use it.
SECTION 325.3 - APPLICABILITY
The provisions of this chapter apply to all members, whether a commercial licensee or not,
fishing in the Wisconsin waters of Lake Superior.
SECTION 325.4 - NON-COMMERCIAL SPECIES
(a) No member may sell any fish of any of the following species: brown trout, brook
trout, rainbow trout, splake, coho salmon, Chinook salmon, Atlantic salmon, lake sturgeon,
smallmouth bass, northern pike, panfish, and, except as provided in (b), below, perch.
(b) A member harvesting perch as a small boat fisherman in the Chequamegon Bay within
one mile of the Reservation shore, pursuant to an assessment agreement with the Conservation
Department, may sell the perch so harvested.
SECTION 325.5 - LICENSES
(a) No member may fish commercially in the Wisconsin waters of Lake Superior without
a commercial fishing license unless he or she is an assistant on a commercial fishing boat whose
owner has a commercial fishing license.
(b) Upon application and payment of the license fee, and subject to subsection (c), below,
any member complying with this chapter shall be issued a commercial fishing license provided that
such person does not have his or her on-reservation or off-reservation fishing rights revoked or
suspended pursuant to a Tribal Court Order.
(c) There shall be a limited entry to large boat fishers. No more than seven large boat
licenses shall be issued in any one fishing year, with all license holders from the previous year having
priority over all other applicants.
(d) Fishing licenses shall be issued for one year from November 28 of each year and shall
not be transferred or altered.
(e) License classifications are as set forth below. License fees and maximum lean lake
trout tag allocations for each classification shall be set by resolution of the Tribal Council upon
recommendation of the Conservation Department and shall remain as set unless modified by further
resolution of the Tribal Council.
i. Large boat. In order to obtain a large boat license, a member must possess at
the time of application a boat in operational condition of at least 28 feet in length with a functional net
lifting device installed. A large boat license is valid only for use on the specific boat identified in the
member's application, except in case of temporary hardship or breakdown when the Fisheries Office
is notified of the alternate boat on which the license will be used. A licensee may request transfer of
the license to another boat in his possession at any time during the fishing year.
ii. Small boat III. In order to obtain a small boat III license, a member must
possess at the time of application a boat in operational condition.
iii. Small boat II. In order to obtain a small boat II license, a member must possess
at the time of application a boat in operational condition.
iv. Small boat I. In order to obtain boat license, a member must possess at the
time of application a boat in operational condition. No fee shall be charged for a small boat I license.
No more than 100 lean lake trout tags shall be issued annually to a small boat I licensee.
(f) No member shall participate in any transaction by which a license, lean lake trout tags,
effort allocation, or any interest therein, is practically transferred to a non-member.
SECTION 325.6 - MINIMUM SIZE LIMITS
No member shall sell any lean lake trout or whitefish less than 17 inches in length. Any fish
caught under 17 inches may only be used for home consumption or donated to the Tribe for charitable
or ceremonial purposes, or if alive, be returned to the water if permitted under Section 325.17(b).
SECTION 325.7 - NET MESH SIZE
No member shall fish in waters less than 35 fathoms deep using net with mesh size less than 4
¬ inches (stretch measure), except for home use purposes and in strict compliance with all home use
regulation, or except within one mile of shore of the Reservation.
SECTION 325.8 - NET DEPTH
(a) November 28 - November 30: No member shall set a net less than 12 fathoms deep.
(b) October 1 - November 27: No member shall set a net with mesh size less than 4¬"
stretch measure in waters less than 35 fathoms deep, except within one mile of shore of the
Reservation.
(c) No member shall set a net unless it is sunk sufficiently deep so as not to present a
hazard to navigation.
SECTION 325.9 - NET ATTENDANCE
(a) No member shall fail to lift any net he or she has set any less frequently than
(1) Once every 72 hours in open water less than 16 fathoms deep.
(2) Once every 120 hours in open water 16 to 35 fathoms deep.
(3) Once every 240 hours in open water more than 35 fathoms deep.
(4) Once every 120 hours in commercial ice fishing.
(b) Any member raising in extreme adverse weather as a defense to a charge under this
section assumes the burden of proving by clear and convincing evidence that extreme adverse weather
made compliance with this section unduly hazardous.
SECTION 325.10 - NET MARKING
(a) Each gang of nets shall be marked with a visible buoy on each end which shall display
the commercial fishing license number or the identification number of the fisherman who has set the
gang.
(b) Each gang of large mesh gill nets placed in waters less than 55 fathoms deep shall
include an informational tag on the outside buoy line ten feet below the water's surface or on a tag
placed in a secured pocket on the outside buoy flag. Each tag shall state the date and time on which
the gill net was set, the length of the gang of nets, the commercial fishing license number of the
fisherman, and the fisherman's initials.
SECTION 325.11 - CLOSED SEASON
No whitefish or lean lake trout shall be taken by a commercial licensee from October 1
through November 27 except for home use consumption and in strict compliance with all home use
regulations.
SECTION 325.12 - REPORTING
(a) Reporting periods shall end on alternating Fridays, with the first such period of each
fishing year ending on the second Friday of December. Each commercial fishing licensee shall
submit a report as prescribed by this section no later than 4:00 p.m. on the third working day after the
last day of each reporting period.
(b) Each commercial fishing licensee shall report to the fisheries office, on forms
prescribed by that office, the number of each kind of fish taken or killed in the fishing operation, the
kind and amount of fishing gear employed, the length of time (i.e. number of nights) each unit was
fished, verification of the number of fish sold, and any other data the Fisheries Office may require in
the performance of its duties. Catch and effort shall be reported by the date and by grid location.
(c) Reports shall be submitted for each reporting period regardless of whether or not any
fish were taken or any fishing done during the period. If no fish were taken or fishing done, that fact
will be reported.
(d) If two or more licensees fished together, the report shall be made by the vessel owner,
or in the case of ice-fishing or boats owned in common by two or more licensees, the reported catch
shall be divided among the licensees in any convenient manner.
(e) The Conservation Department may refuse the issuance of tags to any commercial
fishing licensee who has not filed a report as required by this section.
SECTION 325.13 - QUOTA ON LEAN LAKE TROUT
(a) The Fisheries Office, with the approval by resolution of the Tribal Council, shall set
the tribe's annual quota for lean lake trout, in cooperation with the Red Cliff Band of Lake Superior
Chippewas and the State of Wisconsin.
(b) The commercial fishery quota for lean lake trout shall be the tribe's quota minus 1,000
set aside for the home use fishery.
(c) The Fisheries Office, upon consultation with representatives from each commercial
license classification, shall divide the commercial fishery quota among the classifications and shall
issue tags to individual fishermen. The Fisheries Office shall reserve an ample number of tags for
small boat fishermen. The Fisheries Office May, at its discretion, reserve a portion of the quota and
withhold a quantity of tags for future distribution, and deny or limit the issuance of tags to individual
fishermen who, based on past performance and present capability, are unlikely to fully utilize them.
Any tags utilized by August 1 may be redistributed by the Fisheries Office to any big boat or small
boat fisherman, taking into account the maximum tag allocations to small boat fishermen, to assure
the tags' maximum utilization.
SECTION 325.14 - EFFORT LIMITATIONS
(a) No commercial licensee shall set net in excess of the effort allocated to him for the
fishing year.
(b) Each commercial licensee may submit, no later than five working days before the start
of the fishing year, harvest goal declarations for each of the year's three seasons. Tag and effort
allocation will be issued based on the fisherman's declaration. If a fisherman does not file a harvest
goal declaration, the fisheries office will assign a percentage of the fisherman's annual effort
allocation to each of the three seasons. Effort shall be allocated to individual licensees pursuant to the
Agreement and based upon the number of tags issued to the licensee under Section 325.13.
(c) Effort not used in season one will be carried over for each fisherman to season two,
and effort not used in season two will be carried over for each fisherman to season three, using the
formula set forth in Appendix C of this chapter.
(d) If not obtained personally from the fisheries office prior to the start of each season,
seasonal effort allocations for each licensee shall be sent by regular first class mail to the licensee's
address on file with the fisheries office and shall be deemed received by the licensee.
(e) No licensee may transfer any of his or her effort allocation to any other person except
by a written memorandum, signed by both the transferor and transferee, and dated and filed with the
Fisheries Office, prior to the transfer. No transfer or claim of transfer of fishing effort may be raised
as a defense in a prosecution for exceeding fishing effort, except where the written transfer was filed
prior to the date of the alleged offense. No transfer may be made to anyone other than a Bad River
commercial licensee.
SECTION 325.15 - REFUGES
(a) The following area refuges shall be closed to all fishing unless specifically provided
for in subparagraph (b):
i. Gull Island Shoals Refuge as set forth in Appendix A of this chapter. Closed
all year.
ii. Devils Island Refuge as set forth in Appendix A of this chapter. Closed all
year.
iii. Cat Island Seasonal Refuge as set forth in Appendix A of this chapter. Closed
from September 1 through November 27.
(b) The following fisheries shall be allowed under the following conditions in the refuges
set forth in (a):
i. Menominee can be fished from November 5 through December 5 employing
nets of mesh size no greater than 2 3/4 inches stretch measure within 7 fathoms of water adjoining
Michigan Island.
ii. Herring can be fished employing nets of mesh size no greater than 3 inches
stretch measure south of a line running northwesterly from the northern tip of Devils Island from
November 15 through January 15.
(c) Appendix A of this chapter is incorporated herein by reference, with the same force
and effect as if set out in full.
SECTION 325.16 - RESTRICTED AREAS
(a) The following areas are closed to net fishing except as provided under subparagraph
(b):
i. Minnesota-Iron River Area out to a depth of 35 fathoms described in Appendix
B, par. 5 of this chapter.
ii. Iron River-Cranberry River Area out to a depth of 15 fathoms described in
Appendix B, par. 4, of this chapter.
iii. Cranberry River-Quarry Point Area out to a depth of 12 fathoms, more
particularly described in Appendix B, par. 3, of this chapter.
iv. Siskiwit Bay from Quarry Point to Squaw Point, more particularly described in
Appendix B, par 1, of this chapter.
v. Port Superior Area out to a depth of 9 fathoms August 16 through May 31,
more particularly described in Appendix B, par. 6 of this chapter.
vi. Chequamegon Bay Area, more particularly described in Appendix B, par. 10 of
this chapter.
vii. Hagens Beach Area from June 1 through August 31, more particularly
described in Appendix B, par. 8, of this chapter.
viii. Saxon Harbor Area, more particularly described in Appendix B, par. 9, of this
chapter.
ix. Bark Bay Area, more particularly described in Appendix B, par. 2 of this
chapter.
x. Sand Cut Area, more particularly described in Appendix B, par. 7 of this
chapter.
(b) The restrictions in (a) are subject to the following exceptions:
i. Bark Bay shall be open from April 1 through May 31.
ii. Nets of mesh size are greater than 3 inches stretch measure shall be allowed in
waters greater than 15 fathoms, between the mouth of the Brule River and the mouth of the Iron River
from November 15 through December 31.
iii. Tribal members may harvest within 1« miles off the Reservation borders from
Chequamegon Point eastward to the eastern border of the Reservation.
iv. Saxon Harbor Area is open from ice out to Friday of Memorial Day weekend,
unless the tribe earlier reaches a harvest of 731 lean lake trout, in which case the Conservation
Department shall order the area closed, and no further fishing will be permitted.
v. Saxon Harbor Area is open from November 15 through December 15 for a
herring fishery employing nets no less than 2« inches and no greater than 3 inches stretch m
(c) Appendix B of this chapter is incorporated herein easure, at 14 fathoms or below. by
reference, with the same force and effect as if set out in full.
SECTION 325.17 - TAGGING OF LEAN LAKE TROUT
(a) All lean lake trout and siscowets of legal size taken by a commercial licensee
(including a subsistence fisherman who intends to introduce the fish into commerce) shall be tagged
in conformance with chapter 305, Bad River Ordinances, except that where in conflict, the provisions
of this chapter supersede those of chapter 305.
(b) All lean lake trout caught in gill nets in waters less than 55 fathoms deep shall be kept
and tagged, except that live lake trout caught from November 28 through March 30 may be returned
to the water.
(c) All lean lake trout harvested on open water shall be tagged before docking with a valid
tag issued to the fisherman.
(d) All lean lake trout harvested by a fisherman on ice shall be tagged prior to transport
with a valid tag issued to the fisherman.
(e) All lean lake trout which filleted prior to transport to the ultimate retail consumer shall
be accompanied by no fewer than one locked and cut tag for every two fillets.
(f) Extreme adverse weather or bodily injury is a defense to a charge of failure to tag. The
burden of proof by clear and convincing evidence is on any fisherman who raises as a defense
extreme adverse weather or bodily injury. Failure to use available means of notifying tribal wardens
in advance, and the fact that fish were dressed shall constitute prima facie evidence that the failure to
tag was not due to extreme adverse weather or bodily injury.
(g) No lean lake trout harvested in Michigan shall be docked in Wisconsin, unless tagged
with a valid tag issued to the fisherman showing the fish to be harvested in Michigan.
(h) No combined catch of Wisconsin and Michigan lean lake trout shall be docked in
Wisconsin.
(i) No member shall lift nets in the Wisconsin waters of Lake Superior with Michigan
lean lake trout on board.
(j) No member fishing in the Saxon Harbor Area shall have tags for Michigan lean lake
trout in his or her possession at the time.
(k) No member shall transfer any tags to another person unless
(1) that person is employed by the member is acting as an assistant of the member
and has not had his or her on-reservation or off-reservation fishing rights revoked or currently
suspended by the Tribal Court, or
(2) unless the transferor notifies the Conservation Department within five days of
the transfer, and the person to whom the tags are transferred is a member, possessing a large boat
license under this chapter, and has not had his or her on-reservation or off-reservation fishing rights
revoked or currently suspended by the Tribal Court.
(l) No member shall use tags for lean lake trout on any boat other than one owned by a
member of the Tribe.
SECTION 32518 - HOME USE
(a) All provisions of this chapter apply to home use fishermen unless by their terms or by
inconsistency with a specific provision of this section they do not apply.
(b) Net mesh size: No tribal member fishing for home use shall use net with size greater
than 2 3/4 inches (stretch measure) and less than 4« inches (stretch measure).
(c) Net length:
i.. From November 28 through September 30, no member shall set more than a
total of 800 feet of net at any time.
ii. From October 1 through November 27, no member shall set more than a total
of 500 feet of net at any one time.
(d) Net placement: From October 1 through November 27, no member shall place any net
part of which extends more than 1,320 feet from the shoreline into waters adjacent to the Reservation.
(e) No members may sell any fish harvested pursuant to the provisions of this section.
(f) A commercial licensee may not fish home use nets unless specifically authorized by
the tribe's fisheries specialist. Any home use nets so authorized must be marked pursuant to Section
325.10, and in addition bear the words "home use". In no case may a commercial licensee fish
commercial and home use nets at the same time.
SECTION 325.19 - BIOLOGICAL SAMPLING
(a) The catch of all fishermen is subject to reasonable sampling by the Conservation
Department, or by employees of the Great Lakes Indian Fish and Wildlife Commission.
(b) Notwithstanding the provisions of any other section of this chapter, the Conservation
Department may, by written authorization, and under the terms and conditions established by it,
permit assessment fishing by any commercial licensee at any specified time and place.
(c) If sampling requires taking legally harvested fish or impairs their market value, the
fisherman shall be reimbursed the reasonable value of the loss.
SECTION 325.20 - ASSISTANTS
(a) No person who is not a member of a Chippewa tribe with fishing rights in Lake
Superior shall participate in the taking of any treaty protected fishery resource, and no member shall
be a party to such taking by a nonmember, except as specifically provided by this section.
(b) Members of the immediate family of a tribal member may assist the tribal member, in
his or her presence, in the commercial taking of treaty protected fish in Lake Superior.
SECTION 325.21 - ENFORCEMENT
(a) No fisherman shall prevent the Conservation Department from inspecting nets and
vessels used in his or her fishing operation, or any fish taken by him or her upon the request of the
Conservation Department. Fishermen shall similarly allow state wardens to inspect when they are
accompanying a representative of the Conservation Department.
(b) The acceptance of a license, identification number, or lean lake trout tags constitutes
the consent of the fisherman to inspections as provided in subparagraph (a), above.
(c) No fisherman shall refuse a demand by the Conservation Department to allow
boarding and search, or to search items used in ice fishing, or to search a motor vehicle if the
Department has probable cause to believe that the fisherman has violated on that day a provision of
this chapter or that a violation is then occurring, nor shall any fisherman refuse to allow the
participation of any state warden in any such boarding or search when done under the direction of the
Conservation Department or pursuant to subsection (f).
(d) No fisherman shall refuse the demand of the Conservation Department that the
fisherman proceed to a port designated by the Department, if such port is within two hours travel
time, for the purpose of boarding and inspection.
(e) No fisherman shall refuse an order of a state conservation warden to remain on site
until the arrival of the Conservation Department, if the state warden requests permission to search the
vessel, the fisherman refuses, and the state warden informs the fisherman of his or her reasons for
believing that a violation has occurred and of his or her efforts to contact tribal authorities.
(f) No fisherman shall refuse to allow state conservation warden to board and search his
boat if the Conservation Department is unable to arrive at the boat within 1« hours of contact by the
state warden, or within « 1 hour of the fisherman's arrival in port pursuant to an order under
subparagraph (d), above.
(g) No fisherman shall refuse to allow a state conservation warden to search on the ice, or
to search off-reservation a motor vehicle, provided the warden has probable cause to believe that a
violation has occurred or is occurring and that evidence thereof may be found by such search, and
provided further that the warden is unable to contact and secure tribal authorities to conduct such
search.
(h) No member shall resist or interfere with any lawful inspection, search or seizure by the
Conservation Department or a state conservation warden.
(i) Seizure is permitted of any evidence of a suspected violation found pursuant to any
search authorized by law, and of any gear set or found in an area where such gear is illegal under this
chapter.
(j) Wisconsin State Department of Natural Resources Wardens are hereby deputized to
enforce the provisions of this chapter, and to cite members in Tribal Court for violation.
(k) Red Cliff tribal wardens and Great Lakes Indian Fish and Wildlife Commission
wardens are hereby deputized to enforce the provisions of this chapter and to cite members in Bad
River Tribal Court for violation. Reference in this section to the Conservation Department shall also
include Red Cliff and Great Lakes Indian Fish and Wildlife Commission wardens.
SECTION 325.22 - PENALTIES
(a) The Bad River Tribal Court shall have exclusive jurisdiction of all violations of this
ordinance.
(b) Unless otherwise provided, the Court may impose the following maximum penalties
for each violation of this chapter:
i. A forfeiture not to exceed $5,000.00.
ii. Suspension or revocation of any commercial fishing license for a period not to
exceed one year.
iii. Suspension of off-reservation fishing rights for a period not to exceed one year.
iv. Denial of lean lake trout tags for a period not to exceed one year.
v. Forfeiture of all fish taken illegally and any proceeds therefrom obtained under
par. (e) below. The Court shall order the distribution of any fish so forfeited so that neither the fish
nor the proceeds of any sale thereof inures to the benefit of the member from whom seized, his agents
or his immediate family members.
(c) For any violation of Section 325.21, the Court shall impose a minimum penalty of a
commercial license suspension.
(d) For any violation of Section 325.21, when the member has been convicted for a
previous violation within a five year period, the Court shall impose a minimum penalty of a
commercial license suspension for not less than 30 fishing days.
(e) The conservation department shall sell any fish seized under this chapter, after first
securing whatever evidence is required for the prosecution of any citations related to the seizure. The
Conservation Department shall endeavor to obtain the fair market value of the fish seized, but no
liability shall attach to the Department if it makes a good faith effort to obtain such value but fails to
do so. The proceeds of any such sale shall be held as segregated funds until the court issues an order
as to their disposition. Any warden of the Red Cliff Tribe, the Great Lakes Indian Fish and Wildlife
Commission or the Wisconsin Department of Natural Resources seizing fish under this chapter, shall
immediately contact the Conservation Department to receive direction under this section.
(f) In any case in which the court orders a money forfeiture, the court shall set a date by
which the forfeiture shall be paid, and if the forfeiture is not paid by such date, shall suspend all
off-reservation hunting and fishing rights until the forfeiture is paid.
(g) All forfeitures not paid when due shall accrue interest at the rate of 1« percent per
month on the unpaid balance, the first month's interest to be due on the day following the initial due
date, and each subsequent month's interest accruing on the same day of each month thereafter.
APPENDIX A - REFUGES
(1) GULL ISLAND REFUGE defined as all waters bounded by a line from the
southernmost point of Outer Island in a straight line and a southerly direction to the Gull Island light
and then south to the northernmost point of Michigan Island proceeding in a southerly direction
following the shoreline of Michigan Island to the Michigan Island light, thence southerly towards the
center of the mouth of the Bad River in Ashland County to latitude 46ø 40', thence due east to the
Michigan state line; thence northerly along the state line to a point due east of the southerly tip of
Outer Island; from that point due west to the southernmost point of Outer Island, the place of
beginning excluding those waters within two miles of Outer Island; except that licensed commercial
fishers may fish all the area within these external boundaries wherein the lake bottom lies at a depth
of 35 fathoms (210 feet) or more; and except in those included waters less than 7 fathoms in depth
which immediately adjoin Michigan Island gill nets with a mesh size from 2-3/4" or less stretch
measure may be used from November 5 to December 5 for the taking of Menominee whitefish.
(2) DEVILS ISLAND REFUGE defined as all waters wherein the bottom lies at a depth of
less than 35 fathoms northerly from a line beginning two miles north of the Outer Island light and
extending westerly to the north end of North Twin Island, thence along the shoreline to the south end
of North Twin Island, thence southwesterly to the north end of South Twin Island, thence northerly to
the north end of Rocky Island, thence along the north shoreline to the northwest point of Rocky
Island, thence northwesterly to the south end of Devils Island, thence along the shoreline to the north
end of Devils Island, thence westerly to a point 2.5 Statute miles north of the York Island Shoal bell
buoy.
(3) CAT ISLAND SEASONAL REFUGE defined as all waters bounded by a line
extending from a point two miles north of the Outer Island light to the northern end of North Twin
Island, along the shoreline to the southernmost end of North Twin Island, thence southwest to the
north end of South Twin Island, along the shoreline to the southernmost end of South Twin Island,
thence easterly to the north end of Cat Island, thence along the shoreline to the eastern most point Cat
Island, thence northeasterly to the Outer Island light, thence due north to the place of beginning,
September 1 to November 28.
APPENDIX B - RESTRICTED AREAS
(1) All waters of Siskiwit Bay bounded by the shoreline and a line extending from Roman
Point to Squaw Point.
(2) All waters of Bark Bay bounded by the shoreline and a line extending from Roman
Point to Bark Point, except from April 1 through May 31.
(3) All waters from a line extending due north from the mouth of the Cranberry River at
Herbster, easterly to the Bark Point - Roman point line wherein the bottom lies at a depth of less than
12 fathoms.
(4) All waters from a line extending due north from the mouth of the Iron River, easterly
to a line extending due north from the mouth of the Cranberry river at Herbster, wherein the bottom
lies at a depth of less than 15 fathoms.
(5) All waters from a line extending due north from the mouth of the Iron River, westerly
to the Wisconsin-Minnesota state line wherein the bottom lies at a depth of less than 35 fathoms,
except that from November 15 through December 31 gill nets of 3" or less stretch measure may be
used in that portion greater than 15 fathoms in depth, east of a line extending due north from the
mouth of the Brule River.
(6) All waters from a line extending due east from the breakwall light at Port Superior,
southerly along the shoreline to Houghton Point, wherein the bottom lies at a depth of less than 9
fathoms, and those waters within one mile of the mouth of any stream along this shoreline except
from June 1 through August 15.
(7) All waters bounded by a line beginning at the Chequamegon Point light on the western
end of Long Island extending northeasterly to the southernmost point of Madeline Island, thence due
east to the western boundary of Gull Island Shoals refuge, thence southerly along the refuge boundary
to latitude 46ø 40', thence due west to the mainland shoreline, thence northwesterly along the
shoreline to the place of beginning, except within one and one-half mile of the mainland shoreline in
Ashland County.
(8) All waters east of Madeline Island between a line extending due east from the
southernmost tip of Madeline Island to the western boundary of the Gull Island Shoals refuge and a
line extending from the east end of Hagen Road to the western boundary of the Gull Island Shoals
refuge from June 1 through August 31.
(9) Saxon Harbor area defined as all waters bounded by a line beginning at the mouth of
Graveyard Creek extending due north to the southern boundary of the Gull Island Shoals refuge,
thence due east to the Wisconsin-Michigan State line, thence southwesterly along the
Wisconsin-Michigan State line to the mouth of the Montreal River, thence westerly along the
mainland shoreline to the place of beginning.
(10) All waters of Chequamegon Bay bounded by the shoreline and a line extending from
the easterly most tip of Houghton Point, Bayfield County to the Chequamegon Point light on the
western tip of Long Island, Ashland County.
APPENDIX C - CALCULATION OF SEASONAL EFFORT LIMITATIONS
The following formulas will be used to calculate seasonal effort limitations based upon
seasonal CPE's and the total number of fish available at the onset of each season.
SEASON 1
Available Individual Quota
------------------------------x 1,000 = Season 1 Effort Limitation
Season 1 CPE
SEASON 2
Unused effort from season 1
------------------------------x Season 1
1,000 CPE
------------------------------x 1,000 = Season 2 Effort Limitation
Season 2 CPE
SEASON 3
Unused effort from Season 2
----------------------------- x Season 2
1,000 CPE
-----------------------------x 1,000 = Season 3 Effort Limitation
Season 3CPE
Season 2 and 3 effort shall be additionally reduced if the actual jointly monitored CPE for the
prior season of that same fishing year exceeds the projected CPE (calculated pursuant to Paragraph 19
of the Agreement) by more than 50%. In that instance, the Season 2 and 3 effort reductions calculated
above shall use the actual CPE calculated pursuant to Paragraph 22 of the Agreement. Any unused
portion of fish reserved for home use under Section 325.13 can be reallocated to the commercial
component of the fishery later than August 1. When and if home use fish are reallocated to the
commercial fishery, a sum of 100 fish will be retained from the available balance for home use
activity during the remainder of the quota year. The following formula will used to calculate effort
limitations for utilization of reallocated home use fish.
Available balance - 100
------------------------- x 1,000 - Effort Limitation for
Season 3 CPE Reallocated Home Use Fish
The effort limitation for reallocated home use fish will then be allocated among individual
licensees.
CHAPTER 326 - COMMERCIAL FISHING IN THE WESTERN MICHIGAN WATERS OF
LAKE SUPERIOR
SECTION 326.01 - TITLE
This chapter shall be known as the Bad River Western Michigan Waters of Lake Superior
Commercial Fishing Ordinance.
SECTION 326.02 - AUTHORITY
This chapter is enacted pursuant to Article IV, section 1(y) of the tribe's constitution.
SECTION 326.03 - EFFECTIVE DATE
This ordinance shall be effective from the date adopted by the Tribal Council.
SECTION 326.04 - INTERPRETATION
The provisions of this ordinance shall be interpreted and applied as minimum requirements
applicable to tribal members, and shall be liberally construed in favor of the Tribe. The provisions
shall not, however, be deemed a limitation or repeal of any other tribal power or authority.
SECTION 326.05 - REPEAL OF INCONSISTENT TRIBAL ORDINANCES
All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the
extent that this ordinance imposes greater restrictions than those contained in any other tribal
ordinance, the provisions of this ordinance shall govern. All other tribal ordinances regulating
commercial fishing not inconsistent with the provisions of this ordinance apply to commercial fishing
in the subject waters of this ordinance.
SECTION 326.06 - SEVERABILITY AND LIABILITY
If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by
a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby and
shall remain in full force and effect. The Tribe further asserts immunity on its part and that of its
agencies; employees, and/or agents from any action or damages that may occur as a result of reliance
upon and conformance with this ordinance.
SECTION 326.07 - DEFINITIONS
(a) "Agreement" means the 1989-90 Michigan Waters of Lake Superior Agreement,
signed by the Bad River, Red Cliff and Keweenaw Bay Tribes, as amended December 7, 1989,
November 26, 1990, and from time to time thereafter.
(b) "Big Boat" means a boat 28 feet in length or greater, equipped with a motorized net
lifter.
(c) "Cooperating Tribe" means any of the Bad River Band of the Lake Superior Tribe of
Chippewa Indians, the Keweenaw Bay Indian Community, and the Red Cliff Band of Lake Superior
Chippewas if it has adopted an ordinance implementing the Agreement.
(d) "Fishing year" means the period beginning November 27 and ending the following
November 26.
(e) "Grids" means the statistical reporting grids established by the Great Lakes Indian Fish
& Wildlife Commission.
(f) "Licensee" means a member authorized to fish under subsection 326.09 of this
ordinance.
(g) "Map 8" means Map 8 attached to the Agreement, which map is incorporated by
reference herein.
(h) "Member" means a member of the tribe.
(i) "Tribal conservation department" means the tribe's conservation department.
(j) "Tribal Council" means the tribe's governing body.
(k) "Tribal Court" means the tribe's court.
(l) "Tribe" means Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 326.08 - SUBJECT WATERS
The provisions of this ordinance apply to that area of Lake Superior located within the
territory of the State of Michigan ceded by the Treaty of 1842, 7 Stat. 591.
SECTION 326.09 - AUTHORIZED TO FISH
(a) No member shall fish in the subject waters without tribal license. Any member
applying for a license shall show to the satisfaction of the Conservation Department that he or she
possesses a big boat in operating condition. A license shall allow the licensee to operate only one
boat at a time in the subject waters. No more than six licenses shall issued for the subject waters.
(b) The use of assistants is regulated by Section 325.19, Bad River Ordinances.
(c) Each hour or part thereof that a member fishes is in violation of this section shall be
deemed a separate violation.
SECTION 326.10 - LAKE TROUT QUOTA
(a) For each fishing year, the Tribal Council shall issue an individual lake trout tag
allocation to each licensee and shall authorize the distribution of lake trout tags to the licensees in
numbers corresponding thereto. Quotas shall be set pursuant to the Agreement.
(b) Each lake trout taken shall be tagged before being removed from the permittee's boat.
(c) No person shall remove the lake trout tag required under this section prior to ultimate
preparation for consumption.
SECTION 326.11 - CLOSED SEASON
(a) The fishing season for lean lake trout and whitefish shall be closed from 11:59 p.m.
October 31 to 11:59 p.m. November 27.
(b) There is no closed season for chub, herring, or siscowet fishing in water 35 fathoms or
deeper.
SECTION 326.12 - CLOSED AREAS
No member shall fish in any of the following closed areas as described.
(a) Grids 1511, 1512 and 1413 from Memorial Day to December 31 for lean lake trout and
whitefish.
(b) All areas south of the line between East Entry and Point Abbaye.
(c) The following areas are closed to all fishing during the month of October:
(1) Copper Harbor: no fishing within a two mile radius of the navigation light at
Copper Harbor.
(2) Buffalo Reef: no fishing within a two mile radius of Loran C coordinates
8920-x-31856.4, 8920-y-46687.9.
(3) Traverse Island: no fishing within a two mile radius of the Island.
(4) Huron Islands: no fishing within a two mile radius of any of the islands which
constitute the Huron Islands.
(5) Union Bay: no fishing in less than 50 ft. of water within a two mile radius.
(6) Eagle River Shoals: no fishing in less than 25 feet of water within a two mile
radius; and
(7) Big Bay Reef: no fishing in less than 25 feet of water within a two mile radius
(map 7).
(d) Within a « mile radius of the mouth of each of the following rivers and streams, from
April 15 through May 15, and from October 15 through November 15:
Unit Number (Map 8) River or Stream
MI-2 82 Montreal River
79 Black River
78 Presque Isle River
Unit Number (Map 8) River or Stream
77 Little Carp River
76 Big Carp River
71 Big Iron River
58 Ontonagon River
56 Firesteel River
MI-3 55 West Sleeping River
54 East Sleeping River
53 Misery River
51 Elm River
50 Graveret River
MI-4 36a Tobacco River
36b Traverse River
22 Falls River
19 Silver River
18 Slate River
17 Ravine River
14 Huron River
13 Little Huron River
MI-5 11 Salmon Trout River
8 Little Iron River
7 Big Garlic River
6 Little Garlic River
5 Harlow Creek
3 Dead River
2 Carp River
1 Chocolay River
SECTION 326.13 - SIZE LIMITS
No member shall sell any lake trout or whitefish that is less than 17 inches length.
SECTION 326.14 - GEAR LIMITATIONS
(a) Gill nets of 4« inch stretched mesh and larger (used for lake trout, siscowet trout,
salmon, and whitefish) and gill nets of 2-3/8 to 3 inch stretched mesh (used for herring, menominees,
and chubs) shall be legal commercial gear.
No other nets stretched mesh size shall be allowed.
(b) No licensee shall set more than 12,000 ft. of large mesh gill nets (4« inch and larger)
with a 5% variance in all waters less than 35 fathoms. In waters over 35 fathoms, no licensee shall set
more than 20,000 ft. of large mesh gill net.
(c) No licensee shall set net within ¬ mile of another's nets.
(d) Nets shall be marked as provided in Section 325.10, Bad River Ordinances.
SECTION 326.15 - NON-COMMERCIAL SPECIES
No member may sell any fish of the following species: rainbow (steelhead) trout, brook trout,
or sturgeon.
SECTION 326.16 - REPORTING
(a) Each permittee shall report the names and addresses of all individuals fishing or
helping on his boat to the tribal conservation department.
(b) All commercial fishermen fishing in Michigan waters shall be required to submit
monthly catch reports by the 15th day of the following month to a specific designee for each tribe
who will forward the information once a month to the Great Lakes Indian Fish and Wildlife
Commission, P.O. Box 9, Odanah, Wisconsin 54861. Fishermen are required to report for each day
of fishing the location of lift (statistical grid), length of net lifted, mesh size of gill nets lifted, depth of
nets, poundage of each fish species caught and sold, and names of identification numbers of
individuals fishing with the licensee.
SECTION 326.17 - DEPUTIZATION
Conservation wardens of the Great Lakes Indian Fish and Wildlife Commission are hereby
deputized by the Tribal Council to enforce the terms of this ordinance against members.
SECTION 326.18 - COOPERATION WITH WARDENS, BIOLOGISTS
(a) No member shall refuse to allow a conservation warden to enter upon and inspect his
boat, gear, and catch, nor refuse to allow a biologist employed by any of the cooperating tribes or the
Great Lakes Indian Fish and Wildlife Commission to enter upon his boat and take reason fish
samples.
(b) The tribal biologist or those of the Great Lakes Indian Fish and Wildlife Commission
may direct any licensee to fish in a specified area in order to obtain a systematic survey of the fishery
throughout the subject waters. Any licensee so directed shall comply therewith.
SECTION 326.19 - TRIBAL COURT
The Tribal Court is hereby authorized to adjudicate all matters arising under this ordinance,
pursuant to the provisions of the Tribal Court Code.
SECTION 326.20 - SCHEDULE OF MONEY PENALTIES; NO CONTEST
The tribal court may adopt a schedule of forfeitures to be imposed by the court upon the
receipt of an admission that a violation of this ordinance has occurred, which may be done either in
person or in writing. This schedule is not binding as to forfeitures assessed by the Court after
adjudicating a violation.
SECTION 326.21 - PENALTIES
Any member found by the tribal court to have violated a provision of this ordinance shall be
subject to the following penalties:
(a) For a violation of any provision of this ordinance, a forfeiture of not more than
$5,000.00
(b) For a violation of any provision of this ordinance, a suspension or revocation of any
license issued under this ordinance, and of any other off-reservation hunting or fishing privileges.
(c) For a violation of any provision of this ordinance, forfeiture of any fish taken in
violation of such section or of equipment used in the violation of such section or forfeiture of any
proceeds from the sale or other trade of such fish or equipment.
SECTION 326.22 - COLLECTION OF MONEY PENALTIES
Enforcement of the penalties imposed by Section 326.20, 326.21(a), or 326.21(c) of this
ordinance may be had through the collection of penalties from funds of the violator held by the Tribe,
through the imposition of community service work requirements in lieu of money payment, through
debt collection mechanisms of courts of other jurisdictions or through any other method authorized by
tribal ordinance or state law.
SECTION 326.23 - JURISDICTION
This tribal court shall have jurisdiction
(a) to determine the validity of this chapter, and
(b) over any action arising from the implementation of this chapter.
CHAPTER 326 ENACTED BY RESOLUTION #5-8-85-179/REENACTED BY RESOLUTION 1-18-91-161
Chapter 327 – Bad River Lake Superior Commercial Fishing Vessel
Safety Regulations
Adopted by Resolution 5-10-00-414
Section 327.1 Commercial Fishing Vessel Safety Regulations.
(a) Purpose and Applicability. The purpose of this Chapter 327 is to protect members
engaged in commercial fishing activities pursuant to the rights reserved by the Tribe in
the Treaty of 1842, 7 Stat. 591, and the Treaty of 1854, 10 Stat. 1109. The provisions
of this Chapter 327 apply to any vessel engaged in commercial fishing activities in
Lake Superior that is owned or operated by a tribal member who possesses a
commercial fishing license or permit from the Tribe. No member shall fail to comply
with any requirement set forth in this Chapter 327.
(b) Relationship to Agreement with Coast Guard. This Chapter 327 shall be construed
consistent with the purposes and provisions of the proposed Memorandum of
Understanding between the Bad River Band of the Lake Superior Tribe of Chippewa
Indians and the United States Coast Guard, as may be amended from time to time,
should the Memorandum of Understanding be ratified by the Tribe. Upon its
ratification, the Memorandum of Understanding shall be incorporated by reference
herein as if set forth in its entirety.
(c) Definitions. For the purposes of this Chapter 327, the following terms mean:
(1) “Commercial Fishing Vessel” or “Vessel” – A boat owned or operated by a
tribal member that is engaged in commercial fishing activities under tribal
license or permit.
(2) “Commercial Fishing Activities” – Any activity undertaken while a tribal
member is operating a commercial fishing vessel for the purpose of harvesting
fish under a tribal commercial fishing license or permit.
(3) “Conservation Department” – The Tribe’s conservation department, including any
any tribal warden or member of the biological staff.
(4) “Serviceable” – Any required equipment or device must be in good working
order and ready for immediate use, and must be have been inspected, cleaned,
repaired and/or tested in accordance with manufacturer guidelines and Coast
Guard rules.
Section 327.2 Inspections.
The Bad River Conservation Department is authorized to conduct commercial fishing vessel
inspections as follows:
(a) Who May Conduct Inspections. Only those persons who have been qualified by the
United States Coast Guard may conduct inspections. The Bad River Conservation
Department may authorize inspections by persons who are not department employees
if they are Coast Guard qualified.
(b) Purpose of Inspection. The purpose of the inspections is to ensure that commercial
fishing vessels are in compliance with the requirements of this Chapter 327. The
inspections may also ensure that vessels are in compliance with the requirements of
Coast Guard regulations that go beyond the specific provisions of this Chapter 327.
The Bad River Conservation Department shall develop an inspection form that is
designed to obtain the information necessary to achieve these purposes.
(c) Proof of Inspection. Proof of inspection shall be demonstrated by a completed
inspection form that is retained by the Bad River Conservation Department and by a
Coast Guard approved decal that is affixed to the vessel’s outer hull. The decal may
be the same decal that the Coast Guard uses. Any vessel for which an exemption has
been requested pursuant to Section 327.3, below, shall not be issued a decal until the
exemption request has been acted upon. The decal must be removed upon transfer of
the vessel’s ownership.
(d) Mandatory Dockside Inspections. A vessel must be inspected:
(1) Within the first 12 months after the effective date of this Chapter 327 and at
least once every 24 months thereafter;
(2) Any time the member wishes to seek an exemption from one of the
requirements of this Chapter 327 in accordance with the provisions of Section
327.3, below;
(3) As requested by the Bad River Conservation Department or as ordered by the
tribal court; and
(4) Within 12 months after the tribal member obtains ownership or otherwise first
uses it for commercial fishing activities.
(e) Voluntary Dockside Inspections. A member may request a voluntary dockside
inspection for the purpose of obtaining an inspection decal. No citation may be issued
because a vessel fails to pass a voluntary inspection. However, citations may be issued
for any non-complying vessel that is detected during routine law enforcement
activities.
Section 327.3 Exemptions.
(a) Exemption Requests. During any inspection, a member may request an exemption
from any requirement of this Chapter 327. The inspection form shall indicate that an
exemption request has been made and the inspector shall promptly notify the Bad
River Conservation Department of the request.
(b) Processing Exemption Requests. The Bad River Conservation Department shall
submit the exemption request to the United States Coast Guard. The department and
the member shall provide the information requested by the Coast Guard that is
necessary to respond to the request.
(c) Issuing An Exemption. A Coast Guard exemption constitutes a tribal exemption. If
the Coast Guard does not grant the requested exemption, there is no exemption from
the requirements of this Chapter 327.
(d) Exemption Letter. The Exemption Letter issued by the Coast Guard constitutes proof
of the exemption. A copy of the Exemption Letter must be carried on the vessel at all
times.
(e) Complying With An Exemption. A vessel must be operated in compliance with the
requirements and conditions of an exemption. Any violation of an exemption is a
violation of this Chapter 327.
Section 327.4 Navigation Lights.
A commercial fishing vessel must have navigation lights of the type and located on the vessel
as specified in Coast Guard navigation rules . The lights must be illuminated between sunset
and sunrise and at other periods of reduced visibility (such as fog, rain or haze) as the Coast
Guard navigation rules require:
Vessel Side Lights Masthead and/or Stern Light
39.4 feet and less Red and green sidelights that
are visible from dead
ahead and to 22½ degrees
to either side of the
vessel’s beam
Either: All around white light
Or: Stern light and masthead light that
shows from dead ahead to 22½ degrees
abaft the beam on either side
Longer than 39.4 Feet Same as above Stern Light and masthead light that
shows from dead ahead to 22½ degrees
abaft the beam on either side
Section 327.5 Sound Signals.
The following sound signals must be used as required by Coast Guard navigation rules, such
as when there is reduced visibility or to avoid collision:
All Vessels A horn (such as a hand held air horn), whistle, or
similar sound producing device
40 feet or longer Also must carry a bell
Section 327.6 Life Preservers/Immersion Suits.
(a) Personal Flotation Devices (PFDs). Each vessel must carry at least one Coast Guard
approved life preserver (Type I, II or III) of the proper size for each person on board. A
Type V Hybrid life preserver may be substituted if it is worn when the vessel is underway
and the wearer is not in an enclosed space.
(b) Immersion Suits. Each vessel must carry at least one Coast Guard approved immersion
suit of the proper size for each person on board.
(c) Other Immersion Suit/PFD Requirements. Each immersion suit and wearable PFD must:
(1) be in serviceable condition;
(2) have a personal flotation device light (Coast Guard approved series 161.012) attached
to the front shoulder area;
(3) have Coast Guard approved Type I or II retroreflective material attached as required by
Coast Guard regulations;
(4) be marked with the name of the vessel, or the owner of the device, or the individual to
whom it is assigned; and
(5) be stowed so that it is readily accessible to the individual for whom it is intended.
Section 327.7 Ring Life Buoy.
Each vessel must carry at least one serviceable orange 24 inch ring life buoy (Type IV PFD)
with 60 feet of line attached, except that a vessel that is at least 16 feet but less than 26 feet
long may substitute one throwable cushion. Each ring life buoy must be marked with the
name of the vessel and with Coast Guard approved Type II retroreflective material.
Section 327.8 Survival Craft Required For Certain Vessels.
(a) Required Floatation Equipment. Certain vessels must carry Coast Guard approved
floatation equipment, called a “survival craft,” that can be used like a life raft if a vessel
must be abandoned.
(1) Minimum Requirement.
Less Than 36 Feet Long Buoyant Apparatus is required when:
• Crew of 4 or more persons anywhere on
Lake Superior, or
• Crew of 3 or fewer persons and more than
12 miles from the shore of the mainland or
an island.
36 Feet or Longer Buoyant Apparatus is required when:
• Crew of 3 or fewer persons and less than 12
miles from the shore of the mainland or an
island.
Inflatable Buoyant Apparatus is required when:
• Crew of 4 or more persons anywhere on
Lake Superior, or
• Crew of 3 or fewer persons and more than
12 miles from the shore of the mainland or
an island.
“Buoyant Apparatus” means a Coast Guard approved floatation device (other than a
lifeboat, life raft or personal floatation device) that is designed to support a specified
number of persons in the water, and is constructed so that it retains its shape and requires
no adjustment or preparation for use. The types of buoyant apparatus generally in use are
the box-float type and the peripheral-body type.
“Inflatable Buoyant Apparatus” means a Coast Guard approved buoyant apparatus that
depends on inflated compartments for buoyancy and is designed to support a specified
number of persons completely out of the water.
“Crew” includes the people engaged in the commercial fisheries activities and not
biologists, enforcement personnel or others performing natural resource management or
regulatory duties.
(2) Substitutions. Other Coast Guard approved survival craft may be used in place of a
buoyant apparatus to satisfy this requirement. These are: lifeboats, inflatable life rafts,
inflatable buoyant apparatus and life floats. In addition, a boat (such as a skiff or other
small open vessel), called an “auxiliary craft,” that is carried on board and that is integral
to and necessary for normal fishing operations may be used instead of a survival craft.
(b) Other Requirements. A survival craft must be readily accessible during an emergency,
capable of holding all crew members on board and stowed so as to float free if the vessel
sinks. Where an auxiliary craft that is substituted has a Coast Guard required capacity
plate, it must not be loaded in excess of the rated capacity.
Section 327.9 Visual Distress Signals.
Each vessel must have the indicated distress signals (note: the numbers in parentheses indicate
the Coast Guard approved devices that satisfy the requirement):
More Than 3 Miles From Coastline 3 parachute flares (160.136 or 160.036),
6 hand flares (160.121 or 160.021), and
3 smoke signals (160.122, 160.022 or 160.037)
3 Miles or Less From Coastline Night: 1 S.O.S. electric light (161.013) and
Day: 1 Flag (160.072) or
3 approved flares for both day and night (such as
hand flares or parachute flares)
Section 327.10 EPIRBs.
Vessels operating beyond 3 miles from the coastline must carry an emergency position indicating
radio beacon (EPIRB) properly licensed by the Federal Communication Commission as follows:
Less Than 36 Feet Long 406MHz Category I or II
36 Feet or Longer 406MHz Category I
The EPIRB must be tested at least once every month and registered with the National Oceanic
and Atmospheric Administration (NOAA).
Section 327.11 Fire Extinguishers.
Required Coast Guard approved fire extinguishers that must be in serviceable condition are:
Less Than 26 Feet Long
Exception
1 B-I portable
None required for vessels less than 26 feet long
if flammable gases or vapors cannot be trapped
in the boat (such as with an open boat and
outboard motor)
26 Feet to Less Than 40 Feet Long
40 Feet or Longer
2 B-I portables or
1 B-II portable
3 B-I portables or
1 B-II portable and 1 B-I portable
Section 327.12 Backfire Flame Control.
Gasoline engines must have backfire flame control; exception: not necessary for outboard
motors and for engines that are located where there is a free flowing exchange of air (for
example, where forced ventilation is not necessary).
Section 327.13 Illegal to Dump Garbage.
Garbage may not be dumped into the water (note: fish entrails are not considered garbage).
Section 327.14 Jurisdiction, Enforcement and Penalties.
(a) Tribal Court Jurisdiction. Jurisdiction over all matters arising under this Chapter 327 shall
be with the tribal court which shall adjudicate in accordance with the Tribal Court Code all
questions, complaints and alleged violations involving the provisions of this Chapter 327.
(b) Enforcement. The Tribal Conservation Department is empowered to enforce the
provisions of this Chapter 327.
(1) The Conservation Department shall have the authority to:
(i) Subject to subsection (2), conduct routine inspections of vessels utilized by a
person in a commercial fishing activity authorized by the Bad River Code of
Laws;
(ii) Execute and serve warrants and other process issued by the Tribal Court in
accordance with applicable law;
(iii) Stop and board any commercial fishing vessel and auxiliary boats or vessels for
the purposes of determining its compliance with requirements of this Chapter
327;
(2) Tribal Wardens shall also have the authority to:
(i) Undertake investigations, gather evidence and issue citations as provided by
tribal law; and
(ii) Issue a citation on a form approved by the Tribal Court to any person who is
regulated by the provisions of this Chapter upon reasonable belief that such
person has violated or breached a provision of this ordinance;
(iii) Seize and hold subject to the order of the Tribal Court any alleged property
which such person reasonable believes may be needed as evidence in
connection with the institution of proceedings in tribal court or any property
otherwise authorized to be seized by the provisions of this ordinance.
(vi) Terminate the voyage of any vessel that is lacking required safety equipment or
is otherwise being operated in an unsafe or illegal manner so as to present
unreasonable risk to people or property.
(3) The inspections authorized by subsections (1)(a) and (2)(a) shall be conducted in a
manner and at such times and locations as are reasonable and appropriate in the
ordinary course of routine enforcement activities.
(4) No fisherman shall prevent the Conservation Department from boarding and inspecting
vessels used in his or her fishing operation, upon the request of the Conservation
Department.
(5) No fisherman shall refuse the demand of the Conservation Department that the
fisherman proceed to a port designated by the Department, if such port is within two
hours travel time, for the purpose of boarding and inspection.
(6) No member shall resist or interfere with any lawful inspection, search or seizure by the
Conservation Department.
(7) The acceptance of a license, identification number, or lean lake trout tags constitutes
the consent of the fisherman to inspections as provided in this Chapter 327.
(8) Great Lakes Indian Fish and Wildlife Commission Wardens are hereby deputized to
enforce the provisions of this chapter and to cite members in Bad River Tribal Court
for violations of this chapters. Reference in this section to the Conservation
Department or Tribal Wardens shall also include Great Lakes Indian Fish and Wildlife
Commission Wardens.
(c) Penalties. The penalties for violating a section of this Chapter 327 shall be as follows:
(1) Any person who, for himself or herself, or by his or her agent or employee, or who as
an agent or employee of another, violates this ordinance, shall be liable as follows for
each violation of this chapter:
(i) A civil forfeiture of not to exceed $5,000.00;
(ii) A revocation or suspension of his or her commercial fishing licence for a period
of time not to exceed one year;
(iii) Suspension of off-reservation fishing rights for a period not to exceed one year;
(iv) Denial of lean lake trout tags for a period not to exceed one year;
(v) A civil remedial forfeiture of any property, including boats, motors, fishing
equipment, or other property incidental to the commission of the violation of this
ordinance;
(vi) The court may order a natural resources assessment not to exceed 75% of the
amount of the civil remedial forfeiture; and
(vii) Appropriate court costs within the discretion of the court.
(2) Enhancement of Forfeiture and Penalties. Upon conviction of any member for a
violation of this ordinance when such person has been convicted of a previous violation of
this ordinance within a period of five years, the court may enhance any civil remedial
forfeiture or other penalty as the court deems appropriate and the court shall impose a
minimum penalty of a commercial fishing license suspension of not less than 30 fishing
days.
(3) In any case in which the court orders a money forfeiture, the court shall set a date by
which the forfeiture shall be paid, and if the forfeiture is not paid by such date, shall
suspend all off-reservation hunting and fishing rights until the forfeiture is paid.
(4) All forfeitures not paid when due shall accrue interest at the rate of 1 ½ per cent per
month on the unpaid balance, the first month’s interest to be due on the day following the
initial due date, and each subsequent month’s interest accruing on the same day of each
month thereafter.
(5) Schedule of Money Penalties; No Contest. The Tribal Court, in consultation with the
Tribe’s governing body, may adopt a schedule of forfeitures to be imposed by the Court
upon the receipt of an admission that a violation of this ordinance has occurred, or a plea
of no contest, which may be done either in person or in writing. This schedule shall not
bind the Court as to forfeitures assess by the Court after adjudicating a violation where the
defendant has entered a plea of not guilty.
(6) Collection of Money Penalties. Enforcement of the money penalties imposed pursuant
to this ordinance may be had through the collection of penalties from funds of the violator
held by the Tribe, through the imposition of community service work requirements in lieu
of money payment, through debt collection mechanisms of the courts of other
jurisdictions, or through any other method authorized by law.
(d) Vessel Use Restriction. No vessel may be used for commercial fishing activities that the
Tribal Court has found to violate this Chapter 327 until documentation has been provided
to the Court that the violation has been remedied.
CHAPTER 327 - SLOUGHS PROTECTION
SECTION 327.1 - TITLE
This ordinance shall be known as “The Bad River Band Sloughs Protection Ordinance”
SECTION 327.2 - AUTHORITY
This ordinance is enacted pursuant to Article VI, Section 1(t) of the Bad River Tribal
Constitution.
SECTION 327.3 - EFFECTIVE DATE
This ordinance shall be effective as of the date on which it is adopted by the Bad River Tribal
Council, and shall remain in effect unless and until superseded by future ordinance(s).
SECTION 327.4 - DEFINITIONS
(a) “Bad River NRD” means the Natural Resources Department of the Bad River Band of the
Lake Superior Tribe of Chippewa Indians.
(b) “Boat” or “Vessel” means every description of water craft used or capable of being used as
a means of transportation on water, including but not limited to motorboats, canoes, jet-skis,
seaplanes, and fishing rafts.
(c) “Fishing” means any activity the purpose or effect of which is to capture, kill or take fish.
The term “fishing” includes but is not limited to activities involving the use of a hook and line, net, or
spear.
(d) “Growing Season” means the period between the time that submergent vegetation begins
to grow and the time in which it ceases to grow (generally May 15 through September 15, unless
otherwise determined by the Bad River NRD).
CHAPTER 330 - REGULATING MEMBERS FROM ASSISTING NON INDIANS ON THE
RESERVATION WITH FISHING, HUNTING TRAPPING AND RICING
CHAPTER 330 ENACTED BY RESOLUTION #2-5-86-2
SECTION 330.1 - TITLE
This ordinance shall be known as the Bad River Members Assisting Non Indians on the
Reservation Ordinance.
SECTION 330.2 - AUTHORITY
This ordinance is enacted pursuant to Article IV, Section 1 (t) of the Bad River Tribal
Constitution.
SECTION 330.3 - EFFECTIVE DATE
This ordinance shall be effective on the date adopted by the Bad River Tribal Council.
SECTION 330.4 - DEFINITIONS
(1) "Conservation Department" means the Conservation Department of the Tribe.
(2) "Fishing" means using a hook and line, net, spear, or any other means to catch and take
fish.
(3) "Hunt" means to shoot, shoot at, pursue, take, catch, or kill, any animal on-reservation, but
does not include the recovery of any animal which has already been lawfully reduced to possession.
(4) "Member" means any person who is enrolled or is eligible for enrollment in the Tribe, or
who is recognized as a member of the Tribe by the Tribal Council.
(5) "Non-member" means any person who does not come within the definition of member.
(6) "Reservation" means the Bad River Reservation.
(7) "Trapping" includes the taking, or the attempting to take, of any wild animal by means of
setting or operating any device, mechanism or contraption that is designed, built or made to close
upon, hold fast, or otherwise capture a wild animal or animals.
(8) "Tribal Council" means the Tribal Council of the Tribe.
(9) "Tribe" means the Bad River Band of Lake Superior Tribe of Chippewa Indians of the Bad
River Reservation.
(10) "Trust Land" means any land held in trust by the federal government for the use of the
Bad River Tribe and its members. This does not include individually owned fee land not in trust.
SECTION 330.5 - PROHIBITION
No member shall assist, encourage or accompany any non-Indian with hunting, fishing, ricing
or trapping on trust land within the exterior boundaries of the Bad River Reservation.
SECTION 330.6 - PENALTY
(1) The penalty for a violation of any provision of this ordinance shall be
(a) a forfeiture not to exceed $500.00; or
(b) community service to be set by the court; or
(c) both (a) and (b) above.
CHAPTER 331 - RESIDENT NON-MEMBER INDIAN PERMITS
SECTION 331.1 - DEFINITIONS
Terms used in this chapter shall have the same meaning as in Chapter 330.
SECTION 331.2 - PERMITS AUTHORIZED
Upon application to the Conservation Department, a non-member Indian residing on the
Reservation who is married to a member or who has a child who is a member and for whose support
the non-member is obligated, may be issued a permit allowing the non-member to hunt deer on the
reservation, for the consumption of the non-member and the non-member's immediate family. Such
permit shall be valid only for the period July 1, through December 31 of the year in which the permit
is issued.
SECTION 331.3 - WAIVER AND CONSENT REQUIRED
No permit shall be issued under Section 331.2 unless the applicant signs a statement
irrevocably waiving any objection to the applicability of the Bad River Tribe's civil laws, and to the
civil jurisdiction of the Bad River Tribal court over any violation the applicant may be alleged to
commit. The applicant shall further affirmatively give his irrevocable consent to the civil jurisdiction
of the Tribal Court over any offenses the applicant may be alleged to commit.
SECTION 331.4 - AUTOMATIC LAPSE OF PERMIT
Any permit issued under Section 331.2 shall automatically cease to have any force and effect
upon any of the following conditions:
(1) The permittee removes from residence on the reservation.
(2) The permittee ceases to have a spouse or child who is a member and for whose support he
is obligated.
(3) The permittee purports to revoke his waiver or consent as required by Section 331.1.
SECTION 331.5 - PROHIBITIONS
(a) No non-member resident Indian shall hunt, fish, trap, or gather on the Reservation without
a permit as provided in Section 331.2.
(b) No non-member Indian shall hunt, fish, trap, or gather after any permit issued to him or
her shall have lapsed pursuant to Section 331.4.
(c) No non-member Indian shall violate any terms of any permit issued to him or her pursuant
to Section 331.2.
(d) No non-member shall make any false representation on his or her application for a permit
under Section 331.2.
SECTION 331.6 - FORFEITURES
For any violation of this chapter, a non-member may be subject to a civil forfeiture not to
exceed $500 and revocation of all hunting, fishing, trapping, and gathering privileges.
SECTION 331.7. - NON-MEMBER ASSISTANCE
The prohibition contained in Section 330.5 shall not apply to any non-member resident Indian
possessing a permit issued under Section 331.2.
CHAPTER 350 BOAT REGISTRATION
SECTION 350.1 - PURPOSE
The purpose of this chapter is to provide for boater safety and law enforcement by requiring
tribal boat registration of all boats operated by tribal members on waters within the Bad River
Reservation.
SECTION 350.2 - REGISTRATION REQUIRED
No tribal member shall operate a boat on any waters within the Bad River Reservation unless
such boat has been registered with the tribe and displays its registration number as provided by
Section 350.8, and has on board the registration certificate as provide by Section 350.9.
SECTION 350.3 - EXEMPTIONS
A boat is exempt from the registration requirements of this chapter if it is:
(a) Registered and covered by a valid certificate of number issued by the State of Wisconsin.
(b) A non-motorized boat which is not a sailboat.
(c) A non-motorized boat which is a sailboat but which is either 12 feet in length or less or is
a sailboard.
(d) Covered by a valid certificate number issued under federal law, or a federally approved
numbering system of a state other than Wisconsin, with the identification number properly displayed
on each side of the forward half, but only if the boat has been in the state of Wisconsin less than 60
consecutive days, and is not the state of principal use of the boat.
(e) Operated within a period of 15 days after application for tribal or state of Wisconsin
registration has been made and the required fee paid, and if the proof of application is carried on
board.
(f) Is a federally documented vessel which is a commercial fishing boat licensed under
Section 29.33, Wis. Stats.
SECTION 350.4 - REGISTRATION PERIOD
The registration period runs for two years, commencing on April 1 of the year in which the
registration is obtained, and ending on March 31 of the second year after issuance. A registration is
valid only for the period for which it is issued.
SECTION 350.5 - FEES
The fee for any boat registration under this chapter for all or any part of the registration period
shall be $3.00, which must be paid prior to the acceptance of an application for registration or the
issuance of registration.
SECTION 350.6 - APPLICATION FOR REGISTRATION
The tribal conservation department shall obtain the following information, on forms
developed by it for this purpose, from any tribal member applying to register a boat.
(a) Name of owner.
(b) Address of owner, including ZIP code.
(c) Whether the vessel will be solely used on the Bad River Reservation.
(d) Whether the vessel is used for subsistence, pleasure, rent or lease, dealer or manufacturer
demonstration, commercial passenger carrying, commercial fishing, or other commercial use.
(e) Manufacturer's hull identification number (if any).
(f) Make of vessel.
(g) Year vessel was manufactured.
(h) Overall length of vessel.
(i) Whether vessel is an open boat, cabin cruiser, houseboat, or other type.
(j) Hull material.
(k) Whether propulsion is inboard, outboard, inboard-outboard, or sail.
(l) Whether fuel is gasoline, diesel, or other.
(m) The number previously issued by an issuing authority for the vessel, if any.
(n) The signature of the owner.
SECTION 350.7 - ISSUANCE REGISTRATION CERTIFICATE AND NUMBER
(a) The conservation department shall issue a registration certificate and registration number
to any tribal member properly completing the application as prescribed by Section 350.6, and paying
the fee prescribed by Section 350.5.
(b) The registration certificate shall contain the following information:
(1) Number issued to the vessel.
(2) Expiration date of the certificate.
(3) A statement that the vessel will be solely used on the Bad River Reservation.
(4) Name of the owner.
(5) Address of owner, including ZIP code.
(6) Whether the vessel is used for subsistence, pleasure, rent or lease, dealer or
manufacturer demonstration, commercial passenger carrying, commercial fishing or other commercial
use.
(7) Manufacturer's hull identification number (if any).
(8) Make of vessel.
(9) Year vessel was manufactured.
(10) Overall length of vessel.
(11) Whether the vessel is open boat, cabin cruiser, houseboat, or other type.
(12) Hull material.
(13) Whether the propulsion is inboard, outboard, inboard-outdrive, or sail.
(14) Whether the fuel is gasoline, diesel, or other.
(c) A certificate of number issued to a vessel that has a manufacturer's hull identification
number assigned, may omit items 8 through 14 of paragraph (a) of this section if the manufacturer's
hull identification number is plainly marked on the certificate.
(d) The number issued shall be of following form: Two capitol letters, (BR) followed by four
numerals followed by two capital letters, not to include the letters I, O, or Q.
(e) A registration decal shall be issued by the conservation department with the registration
certificate.
SECTION 350.8 - DISPLAY OF NUMBER AND DECAL
Each number required by Section 350.7 must:
(a) Be painted on or permanently attached to each side of the forward half of the vessel except
as allowed by paragraph (b) or required by paragraph (c) of this section.
(b) Be in plain vertical block characters not less than 3 inches in height.
(c) Contrast with the color of the background and be distinctly visible and legible.
(d) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number
other than "1" between the letter and number groupings (Example: BR 5678 EF or BR-5678-EF); and
(e) Read from left to right.
(f) On vessels so configured that a number on the hull or superstructure would not be easily
visible, the number must be painted on or attached to a backing plate that is attached to the forward
half of the vessel so that the number if visible from each side of the vessel.
(g) The certification decal must be permanently affixed and displayed on each side of the
vessel, 3 inches to the rear of and directly in line with the number.
SECTION 350.9 - LOCATION OF REGISTRATION CERTIFICATE
No person may use a vessel to which this chapter applies unless the registration certificate
prescribed by Section 307 is carried on board in such a manner that it can be handed to a person
authorized under Section 350.10 to inspect it.
SECTION 350.10 - INSPECTION OF REGISTRATION CERTIFICATE
Each person using a vessel to which this chapter applies shall present the registration certificate
prescribed by Section 350.7 to any Federal, Tribal, State or local law enforcement officer for
inspection at his or her request.
SECTION 350.11 - OTHER NUMBERS PROHIBITED
No person may use a vessel to which this chapter applies that has any number that is not issued
by the tribe for that vessel on its forward half.
SECTION 350.12 - DUPLICATE REGISTRATION CERTIFICATE
If a registration certificate is lost or destroyed, the person whose name appears on the certificate
as the owner may apply for a duplicate certificate by submitting to the tribe:
(a) An application on a form prescribed by the tribal conservation department; and
(b) A fee of $2.00.
SECTION 350.13 - NOTIFICATION OF CHANGES TO TRIBE
A person whose name appears as the owner of a vessel on a registration certificate shall, within
15 days, notify the tribal conservation department in writing of:
(a) Any change in his or her address.
(b) The theft or recovery of the vessel.
(c) The loss or destruction of a valid registration certificate.
(d) The transfer of all or part of his or her interest in the vessel; and
(e) The destruction or abandonment of the vessel.
SECTION 350.14 - VALIDITY OF REGISTRATION CERTIFICATE
(a) Except as provided in paragraphs (b), (c), (d) and (e) of this section, a registration
certificate is valid until the date of expiration prescribed by the Tribe.
(b) A registration certificate issued by the tribe is invalid after the date upon which:
(1) The vessel is documented or required to be documented under Part 67 of Title 46, Code
of Federal Regulations.
(2) The person whose name appears on the registration certificate as owner of the vessel
transfer all of his or her ownership in the vessel; or
(3) The vessel is destroyed or abandoned.
(c) A registration certificate issued by the tribe is invalid if:
(1) The application for the registration certificate contains a false or fraudulent statement;
or
(2) The fees for the issuance of the certificate are not paid.
(d) The certificate is invalid when the person whose name appears on the certificate
involuntarily loses his interest in the numbered vessel by legal process.
(e) The registration certificate is invalid for use of the boat on waters outside the Bad River
Reservation.
SECTION 350.15 - SURRENDER OF A REGISTRATION CERTIFICATE
A person whose name appears as the owner of a vessel on a registration certificate shall
surrender the certificate to the conservation department within 15 days after becomes invalid under
paragraph (b), (c), or (d), or Section 350.14.
SECTION 350.16 - REMOVAL OF NUMBER
The person whose name appears on a registration certificate as the owner of a vessel shall
remove the number and registration decal from the vessel when:
(a) The vessel if documented by the Coast Guard.
(b) The registration certificate of number is invalid under paragraph (c) of Section 350.14.
(c) The vessel is no longer solely used on the Bad River Reservation.
SECTION 350.17 - DECAL RESTRICTION
No person shall deface, change, modify, or transfer to any other boat any registration decal.
SECTION 350.18 - REGISTRATION CERTIFICATE RECORDS
The conservation department shall on the first working day of each month, or more frequently,
supply copies of all registration certificates (including renewals) issued during the preceding month to
the Director, Northwest District, Wisconsin Department of Natural Resources. The Wisconsin
Department of Natural Resources, the United States Coast Guard, and other state, federal, or local law
enforcement agencies shall receive registration information from the conservation department upon
request.
SECTION 350.19 - ADJUDICATION
Any violation of this chapter shall be heard in Bad River Tribal Court.
SECTION 350.20 - PENALTIES
For any violation of this chapter, the Court may assess a forfeiture of not more than $50 for the
first offense and not more the $100 upon conviction of the same offense a second or subsequent time
within one year.
CHAPTER 350 ENACTED BY RESOLUTION #4-22-88-152/REPEALED AND REEACTED BY RESOLUTION
#5-2-90-109
CHAPTER 351 - SNOWMOBILE REGISTRATION
SECTION 351.1 - PURPOSE
The purpose of this chapter is to provide for snowmobile owner and operator safety and
identification by requiring tribal registration of all snowmobiles operated by tribal members within the
Bad River Reservation.
SECTION 351.2 - REGISTRATION REQUIRED
No tribal member shall operate, and no member who is an owner shall give permission for the
operation of any snowmobile, within the Reservation unless the snowmobile is registered with the
department and displays registration decals pursuant to this chapter or is exempt from registration.
SECTION 351.3 - EXEMPTIONS
A snowmobile is exempt from registration if it is:
(a) Covered by a valid registration in the State of Wisconsin, or
(b) Covered by a valid registration on another reservation or in another state, province or
country, provided there is some identification of registration displayed on the snowmobile and it has
not been on the Reservation for more than 15 consecutive days.
(c) Used exclusively for racing on a raceway facility.
SECTION 351.4 - REGISTRATION PERIOD
A snowmobile registration certificate is valid for 2 years beginning the July 1 prior to the date
of application if registration is made prior to April 1 and beginning the July 1 subsequent to the date of
application if registration is made after April 1, and ending on June 30, two years thereafter.
SECTION 351.5 - FEES
The fee for the issuance or renewal of a registration certificate is $12. There is no fee for the
issuance of a registration certificate to the Tribe.
(a) For the issuance of a duplicate registration certificate, a fee of $1 shall be paid to the
department.
(b) Upon transfer of ownership of a snowmobile for which a registration certificate has been
issued, the seller shall, at time of sale, deliver the assigned certificate to the purchaser.
(c) The purchaser shall complete the application for transfer and cause it to be mailed or
delivered to the department within 10 days from the date of purchase. A fee of $5 shall be paid for
transfer of a current registration certificate.
(d) Whenever a snowmobile is junked, the owner shall return the certificate of registration to
the department marked "junked".
SECTION 351.6 - ISSUANCE OF CERTIFICATE AND DECALS
(a) Upon receipt of the required fee, and a completed application on forms prescribed by the
department, the department shall issue to the applicant a registration certificate stating the registration
number, the name and address of the owner, and other information the department deems necessary.
The department shall issue 2 registration decals per snowmobile. The decals shall be no larger than 3
inches in height and 6 inches in width and shall contain reference to the Tribe, the department and the
expiration of the registration.
(b) If a certificate or registration decal is lost or destroyed, the owner may apply for a duplicate
on forms provided for by the department accompanied by a fee of $1. Upon receipt of a proper
application and the required fee, the department shall issue a duplicate certificate or registration decal
to the owner.
SECTION 351.7 -DISPLAY OF REGISTRATION DECALS
(a) The owner of the snowmobile shall attach the registration decals to the snowmobile in a
prominent place, and shall maintain the registration decals in a legible condition at all times. Decals
shall be no larger than 3 inches in height and 6 inches in width. Registration decals are to be applied
on both sides of the cowling of the snowmobile.
(b) The registration certificate or, for owners who purchase a snowmobile and who have
received an approved application for registration receipt validated by the department but who have not
yet received the registration certificate, the approved application for registration receipt, shall be in the
possession of the user of the snowmobile at all times.
(c) The registration certificate or, for owners who purchased a snowmobile and who have
received an approved application for registration receipt validated by the department but who have not
yet received the registration certificate, the approved application for registration receipt, shall be
exhibited, upon demand, by the user of the snowmobile for inspection by any person authorized to
enforce this chapter as provided under Section 351.10.
(d) A person may operate a snowmobile without having the registration decals displayed as
provided under par. (a) if the owner has received an approved application for registration receipt
validated by the department and if the user of the snowmobile complies with pars. (b) and (c).
SECTION 351.8 - CHANGE OF ADDRESS
Whenever the owner of a registered snowmobile changes his address he shall within 15 days
thereafter notify the department in writing of his new address and of the registration numbers awarded
to him. At the same time he shall endorse his new address on his registration certificate.
SECTION 351.9 - DEPARTMENT DUTIES
(a) The department shall on the first working day of each month, or more frequently, supply
copies of all registration certificates, including renewals, and notification of all cancellations,
suspensions, revocations, changes of address and transfers, to the Wisconsin Department of Natural
Resources, the Wisconsin Department of Transportation, and the Ashland County Sheriff's
Department.
Each such agency shall receive current registration information upon request made to the department.
(b) The department shall provide to any qualifying applicant who properly completes a
registration application and pays the fee required, a receipt of approved application to be used as proof
of registration pending delivery to the applicant of the certificate of registration and registration decals.
(c) No earlier than May 1 and no later than June 1 of each year the Department shall mail to
each owner of a registered snowmobile a 2 part renewal application. If the owner wishes to renew the
registration, the owner shall complete and sign one portion of the renewal application and return that
portion and the proper fee to the department. The owner shall complete and sign the other portion of
the renewal application. The owner shall destroy this portion of the renewal application upon receipt
of the registration certificate and decals.
SECTION 351.10 - ENFORCEMENT
(a) The department, the Wisconsin Department of Transportation, and the Ashland County
Sheriff's Department are authorized to enforce the provisions of this chapter and to cite members for
violation thereof into Tribal Court, using the tribal natural resources citation form then approved or the
state uniform citation form then approved.
(b) No person operating a snowmobile shall refuse to stop after being requested or signaled to
do so by an officer of any department listed in Section 351.10(a).
SECTION 351.11 - PARTIES TO A VIOLATION
(a) Whoever is concerned in the commission of a violation of this chapter for which a
forfeiture is imposed is a principal and may be charged with and convicted of the violation although he
or she did not directly commit it and although the person who directly committed it has not been
convicted of the violation.
(b) A person is concerned in the commission of a violation if the person:
(a) Directly commits the violation;
(b) Aids and abets the commission of it; or
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or
otherwise procures another to commit it.
SECTION 351.12 - ADJUDICATION
Any violation of this chapter shall be prosecuted in Tribal Court.
SECTION 351.13 - PENALTIES
For any violation of this chapter, the court may assess a forfeiture of not more than $250.00.
SECTION 351.14 - DEFINITIONS
As used in this chapter, the following terms, shall be defined as follows:
(a) "Department" shall mean the Bad River Natural Resources Department.
(b) "Junked" shall mean dismantled for parts or scraped.
(c) "Member" shall mean an enrolled member of the Bad River Band of the Lake Superior
Tribe of Chippewa Indians.
(d) "Reservation" shall mean all lands and waters within the exterior boundaries of the Bad
River Reservation.
(e) "Snowmobile" shall mean any engine-driven vehicle of a type which utilizes sled type
runners, or skis, or an endless belt treat or any combination of these or other similar means of contact
with the surface upon which it is operated, but does not include such vehicles which are either manually
propelled or driven by a motor of 4 horsepower or less and operated only on private property.
(f) "Tribal Court" shall mean the court of the Bad River Band of the Lake Superior Tribe of
Chippewa Indians.
CHAPTER 352 - ALL TERRAIN VEHICLE REGISTRATION, SAFETY AND OPERATION
STANDARDS. (ATV)
SECTION 352.1 - PURPOSE AND APPLICABILITY
Section 352.1.1 - Purpose.
The purpose of this chapter is to provide for all ATV owner and operator safety, usage and
registration, and to protect the environment and the general safety of the public on the Bad River
Reservation.
Section 352.1.2 - Applicability.
Section 352.2 of this chapter shall apply to all Tribal member owners of ATV’s located within
the boundaries of the Bad River Reservation. All remaining sections of this ordinance shall apply to all
owners and operators, whether Tribal members or non-members, within the boundaries of the Bad
River Reservation.
SECTION 352.2 -REGISTRATION
Section 352.2.1 - Registration Required.
No tribal member shall operate, and no member who is an owner of an ATV shall give
permission for the operation of any ATV, within the exterior boundaries of the Reservation unless the
ATV is registered with the Bad River Natural Resources Department and displays registration decals
pursuant to this Chapter or is exempt from registration as is provided at Section 352.2.2.
Section 352.2.2 - Exemptions.
An ATV is exempt from registration as is provided for at Section 351.2 if it:
(a) Carries a valid registration from the State of Wisconsin:
(b) Carries a valid registration from another recognized Reservation or from another State,
province or Country, and such registration and identification is displayed on the ATV and it
has not been on the reservation for more than 15 days;
(1) If any ATV is registered as provided in (b) B. above, after 15 days within the exterior
boundaries on the Reservation it just be licensed under this Chapter; or
(c) Used exclusively for racing on a raceway facility.
Section 352.3 - Issuance of Certification of Registration and Decals.
(a) The Department is authorized to draft appropriate application forms, registration forms and
certificates and decals to carry out the purpose of this ordinance.
(b) The Department is authorized to charge a fee that will cover the cost of assuring compliance
with this ordinance both as to administration and enforcement. Such fee shall be set at $5.00.
(c) Upon receipt of a completed application form, and the required fee, the department shall
issue to the applicant a registration certificate which will contain the name, address of the owner of the
vehicle, the identification number from the vehicle and the registration number issued to that vehicle.
(d) Each vehicle shall be issued two decals showing that it is registered, which shall state the
expiration date for the registration.
(e) If the registration certificate or decals are lost or destroyed, the owner of the ATV may apply
for a duplicate to be issued upon payment to the Department of the required fee of $5.00.
(f) Whenever an ATV is junked, the owner shall return the Certificate of Registration to the
Department clearly marked “JUNKED”.
(g) All fees collected under this section shall be used to defray the administrative costs of
operating the program, and for safety education of the ATV’s.
Section 352.4 - Waiver of fees.
There is no fee for the issuance of a registration certificate to the Tribe, but the Tribe shall
display such decals correctly on its vehicles.
Section 352.5 - Ownership Transfer of Vehicle.
(a) Upon transfer of ownership of an ATV for which a registration certificate has been issued by
the Department, the seller shall at the time of sale deliver to the purchaser the current registration
certificate.
(b) The purchaser shall complete an application for transfer of registration and cause it to be
mailed or delivered to the Department within 10 days from the date of purchase. A transfer fee shall be
charged by the Department. Such transfer fee shall be $5.00.
Section 352.2.6 - Registration Period.
An ATV registration certificate is valid for two (2) years beginning the 1st of July. The
registration period ends on 30 June, two years after issuance, and such expiration date shall be clearly
stated on the decals.
Section 352.2.7 - Display of Registration Decals.
The owner of the ATV shall attach the registration decal to the ATV on the right and left side of
the gasoline tank, and shall maintain the registration decals in a legible condition at all times.
Section 352.2.8 - Change of Address.
Whenever the owner of a registered ATV changes their address, they shall, within 15 days
thereafter, notify the Department in writing of their new address and of the registration numbers on any
vehicles registered under this Chapter. At the same time, they shall write their new address on their
registration certificate.
SECTION 352.3 - RULES OF OPERATION
SECTION 352.3.1 General rules of Operation
(a) No person shall operate an ATV in the following manner or under the following
circumstances.
(1) At the rate of speed that is unreasonable or improper under the circumstances.
(2) At any time and at any place within the Reservation boundaries at the speed of 55
miles per hour at any time or 40 miles per hour between sunset and sunrise.
(3) In any careless way so as to endanger the person or property of another.
(4) Without complying with all stop signs, yield signs or other regulatory signs that are
located along ATV corridors that are open to public. On the private property of another without consent
of the owner or lessee. Failure to post private property does not imply consent for ATV use.
(5) Between the hours of 10:30 p.m. and 7 am when within 150 feet of a dwelling at the
rate of speed exceeding 10 miles per hour or less.
(6) On the frozen surface of public waters within 100 feet of a person not in or upon a
vehicle or within 100 feet of a fishing shanty unless operated at the speed of 10 miles per hour or less.
(7) On a recreation or play area, unless specifically designated by the Tribal Council for
ATV recreational purposes, except for the purpose of serving the area, crossing at places where marked
or after stopping and yielding the right-of-way.
(8) On or across a cemetery, burial ground, school or church property without consent of
the owner.
(9) On Tribal lands without the consent of the tribal governing body or Indian owner.
For the purposes of this paragraph, “Tribal lands” means lands owned by the United States and held for
the use and benefit of the Bad River Tribe or individual Members and any lands owned by the Tribe or
individual members. Failure to post Indian Lands does not imply for consent of ATV use. The Tribal
Council by this Chapter hereby grants permission to Tribal Members to operate ATVs on lands owned
in fee by the Tribe or held in trust for the Tribe unless otherwise posted, except for in Residential Areas
between dwellings and across common areas.
(10) ATVs may only be operated in residential areas outside roadways to gain
immediate access to a dwelling or to exit from a dwelling to a roadway. ATVs shall not be operated
between dwellings or across common areas unless on a posted and maintained trail or route.
SECTION 352.3.2 Trails
(a) Operators of ATVs on any trails within the reservation boundaries shall operate the ATV
in a safe and prudent manner and shall not disturb or harass wildlife or plant life.
(b) No persons shall operate an ATV open any trail within the Reservation boundaries at a
speed in excess of that which is safe under the existing conditions, however such speed shall in no
circumstances exceed 55 miles per hour at any time and 40 miles per hour between sunset and sunrise
and during weather conditions which limits visibility or creates wet, snow covered, or slippery road
conditions.
(c) While operating on trails, no person shall exceed the posted speed limits for roads in the
community in which the trail is located.
SECTION 352.3.3 Roadways and Highways
(a) No person may operate an ATV upon any part of U.S. Highway 2.
(b) Persons may operate an ATV only in the following manner on any highway or roadway as
otherwise authorized by law:
(1) Directly across any roadway, but only after stopping and yielding the right-of-way to
all vehicles approaching on the roadway. Crossing under this subdivision may be made only at a place
where no obstruction prevents a quick and safe crossing. For purposes of this subdivision, “obstruction”
includes but is not limited to impairment of view and dangerous roadway condition.
(2) On the roadway of highways to cross a bridge, culvert or railroad right-of-way unless
posted by the maintaining authority, but shall yield the right-of-way to all vehicular traffic.
(3) On highways which have been designated as routes and which are required to be
marked.
(4) On a portion of the roadway or shoulder of a highway for a purpose of residential
access or for the purpose of access from lodging if the Tribal Council permits by posting for that
portion of the highway. An ATV operated on a portion of the roadway or shoulder of the highway under
this subdivision shall observe posted roadway speed limits.
(c) ATVs may be operated adjacent to a roadway with due regard to safety in the following
manner:
(1) Along U.S. Highway 2 state and country high-ways at a distance of 10 or more feet
from the roadway.
(2) Along Tribal roads outside of the roadway.
(3) During daylight hours travel may be in either direction regardless of the flow of
vehicular traffic.
(4) At night travel shall conform to the direction of vehicular traffic in the nearest lane
unless:
(a) The ATV trail is located at least 40 feet from the roadway, or is separated from the
roadway by a head lamp barrier; and
(b) The use of the ATV trail is approved by the Tribal Council with respect to ATV trails
located near or crossing highways.
(5) Whenever it is impracticable to gain immediate access to an area adjacent to a highway
where an ATV is to be operated, the ATV may be operated adjacent and parallel to the roadway for the
purpose of gaining access to and from the area of operation.
Loading or unloading of the ATV shall be accomplished with due regard to safety at the nearest
practical point to the area of operation.
(6) ATVs traveling adjacent to a roadway shall observe posted roadway speed limits, except
no ATV may be operated in excess of a speed of 55 miles per hour at any time or 40 miles per hour
between sunset and sunrise.
(7) On gravel roads, no person shall operate an ATV in excess of 40 miles per hour with no
passengers, and no person shall operate an ATV in excess of 20 miles per hour when carrying one or
more passengers. Carrying of passengers id subject to section352.4.1(c).
(d) ATVs may be operated for emergency purposes on any highway during a period of
emergency when so determined by the Tribal Conservation Department, Tribal Police Chief, or Tribal
Council.
(e) A law enforcement officer or Conservation Warden may operate an ATV on a
highway in performance of his or her official duties.
(f) Under no circumstances, except as provided in this section, is a ATV to be operated
on the main-traveled portion of the highway or on the plowed portion during the winter.
SECTION 352.3.4 Community Specific Operator Rules.
The following restrictions shall apply in addition to and taking precedence over other provisions in this
Chapter to all ATV operation in the following communities: Birch Hill, Frank’s Field, Aspen Estates,
New Odanah, and Caville Road.
(a) No persons shall operate an ATV off road or trail except for entering onto from a
home or exiting from the trail to a home.
(b) No persons shall exceed a speed of 10 miles per hour when operating an ATV to enter
a trail from a home or to exit from the trail to a home between the hours of 10pm and 7:30am
(c) All ATVs operated within these communities must have a working motor with a spark
arrestor.
SECTION 352.3.5
Go-Carts: Go-Carts shall only be operated on specifically designated go-cart recreational
facilities or on fee land owned or managed by the operator or his or her immediate family.
SECTION 352.4 General Safety Rules
Section 352.4.1 Passengers and Age of Operators and Passengers
(a) No person under the age of 12 shall be permitted to operate ant ATV under any
circumstances other than on land under the ownership or management and control of the person’s
immediate family. Management and control includes land leased through the Tribe or Housing
Authority by the persons immediate family.
(b) Persons on an ATV under the age of 18 shall be required to wear an approved helmet.
(c) Unless an ATV vehicle id designed to carry more than two persons, only one person
shall ride with the driver of a vehicle. Any driver of a vehicle which permits more than one person to
ride with him, and/or if the rider is under the age of 16 and does not on a helmet shall be guilty of a
violation of this Chapter and fined in the amount of $200.
(d) A person who is at least 12 years of age but under 16 years of age may not operate an
all-terrain vehicle unless he or she holds a valid all-terrain safety certificate or is accompanied by a
person over 18 years of age if the two people are on the same vehicle. A person who is at least 12 years
of age but under 16 years of age who hold an all-terrain safety certificate shall carry it while he or she
operates an all-terrain vehicle and shall display it to a law enforcement officer on request.
SECTION 352.4.2 Safety Equipment
(a) Any person who operates an all-terrain vehicle during hours of darkness or during the
daylight hours on any road or on any highway right-of-way or during any weather condition which
limits visibility of driver or other’s ability to see ATV, is required to display a lighted head lamp and
tail lamp on the all-terrain vehicle.
(1) The head lamp on the ATV is required to display a white light of sufficient illuminating
power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the
ATV: and
(2) The tail lamp on an ATV is required to display a red light plainly visible of darkness from
a distance during hours of darkness from a distance of 500 feet to the rear.
(b) Every all-terrain vehicle is required to be equipped with at least one brake operated
either by hand or by foot.
(c) Every all-terrain vehicle is required to be equipped with a functioning muffler to
prevent excessive or unusual noise and with a functioning spark arrester of type approved by the U.S.
forest service.
SECTION 352.4.2 Operation of ATV While Under the Influence of Intoxicants
(a) No person may operate an ATV while under the influence of an intoxicant to a
degree which renders him or her incapable of safe operation of an all-terrain vehicle.
(b) No person may engage in the operation of all-terrain vehicle while the person has a
blood alcohol concentration of 0.1% or more by weight of alcohol in his or her blood. No person may
engage in the operation of an all-terrain vehicle while the person has 0.1 grams or more of alcohol in
210 liters of his or her breath.
(c) If a person has not attained the age of 21, the person may not engage in the operation
of all-terrain vehicle while he or she has a blood alcohol concentration of more than 0.0%; or more than
0.0 grams of alcohol in 210 liters of his or her breath.
SECTION 352.4.Owner’s Liability for Other’s Operation/
Parental Liability for Actions of Children
(a) The registered owner shall be liable for violations of this ordinance committed by
minor.
(b) No owner or other person having charge or control of an ATV may knowingly
authorize or permit any person to operate the ATV if the person is prohibited from operating an ATV
under this Chapter, if the person is incapable of operating an ATV because of physical or mental
disability or if the person is under the influence of an intoxicant.
SECTION 352.5 This section is reserved for future use.
SECTION 352.6 Right of Way.
The operator of an ATV shall slow the vehicle to a speed not to exceed 10 miles per hour and yield the
right-of-way when traveling within 100 feet of a person who is not in or on a ATV.
SECTION 352.7 Restricted Area
SECTION 352.7.1 Areas Closed to ATV Operation.
This section is reserved for future use.
SECTION 352.7.2 Tribal Council Emergency Closure Declaration.
(a) The Tribal Chairman, upon recommendation of the Bad River Natural Resources
Department or the Bad River Police Department, in the interest of public safety and/or preservation of
natural resources, may declare any area within the boundaries of the Reservation as closed to ATV
operation.
(b) Such closure shall be effective immediately upon the Tribal Chairman issuing such
declaration, but shall be approved by the Tribal Council at the next scheduled Tribal Council meeting at
which the Tribal Council shall continue or discontinue the closure
(c) The closure shall continue until the Tribal Council removes such closure from the area by
motion.
(d) Posting of the closure in the Tribal Administration and Natural Resources Department, as
well at the primary access point for the closed area shall serve as sufficient notice of the closure.
SECTION 352.8 Enforcement of this Chapter.
(a) Bad River Tribal Wardens and the Bad River Police Department are authorized to enforce
this ordinance and to cite parties violating this ordinance into Tribal Court, using the Tribal Natural
Resource Department citation form then approved or the state uniform citation form then approved.
(b) No person operating an ATV shall refuse to stop after requested or signaled to do so by an
officer of any department listed in Section 352.9(a).
SECTION 352.9 Adjudication.
Violation of this ordinance shall be adjudicated in the Bad River Tribal Court pursuant to the rules and
procedures promulgated in the Bad River Tribal Court Code.
SECTION 352.10 Penalties.
SECTION 352.10.1 The penalties for violation of any provision of this chapter shall be as follows:
(a) a civil forfeiture of not to exceed $500.00;
(b) performance of community service, as determined by the Tribal Court;
(c) both (a) and (b) above.
SECTION 352.10.2
Any ATV or other equipment used in violation of this chapter may be seized by the any Officer
authorized to enforce the ordinance and order forfeited by the Tribal Court.
SECTION 352.10.3
Neither the imposition of a penalty as provide for above, nor satisfaction of the terms of such penalty,
shall constitute a waiver or release from any additional civil or criminal liabilities, including but not
limited to liability for damages to natural resources.
SECTION 352.11 Information Exchange
SECTION 352.11.1
To State of Wisconsin. Pursuant to the Tribe’s ATV Reciprocal Registration Agreement with the State
of Wisconsin, the Department shall on the first working day of each month, or more frequently, supply
copies of all registration certificates, including renewals, and changes of address and transfers to the
Wisconsin Department of Natural Resources, and the Wisconsin Department of Transportation and the
Ashland County Sheriff’s Department. Each such agency shall receive current registration information
upon request made to the Department.
SECTION 352.11.2
To The Applicant. The Department shall provide to any qualifying applicant who properly completes a
registration application and pays the fee required, a receipt of approved application to be used as proof
of registration pending delivery to the applicant of the registration and registration decals.
SECTION 352.12 Natural Resource/Conservation Code Ordinance.
This shall be considered a natural resource/conservation code ordinance for the definition of such under
the Tribal Code.
SECTION 352.13 Definitions
SECTION 352.13.1 Terms as used in this Chapter are defined as follows:
(a) “Alcohol beverages” means fermented malt beverages and intoxicating liquor.
(b) “All-Terrain Vehicle” or “ATV” shall mean an engine-driven device which has a net
weight of 700 pounds or less, which has a width of 38 inches or less, which is equipped with a seat
designed to be straddled by the operator and which is designed to travel on 3 or more low-pressure tires.
A low-pressure tire which has a minimum width of 6 inches, which is designed to be mounted on a rim
with the maximum diameter of 12 inches and which is designed to be inflated with an operating
pressure not to exceed 6 pounds per square inch as recommended by the manufacture.
(c) “Approved helmet” means a helmet which is certified to meet the standards set by
49CFR 571.218 and which has the chin strap properly fastened.
(d) “Department” shall mean the Bad River Natural Resources Department.
(e) “Junked” shall mean an ATV which is not operational and has been dismantled for
parts and scraps.
(f) “Intoxicating liquor” means all ardent, spirituous, distilled, or vinous liquors, liquids or
compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing
0.5% or more of alcohol by volume, which are beverages, but does not include
“fermented malt beverages”.
(g) “Legal drinking age” means 21 years of age.
(h) “Member” shall mean an enrolled member of the Bad River Band of the Lake Superior
Tribe of Chippewa Indians.
(i) “Operate” means to exercise the physical control over the speed or direction of an allterrain
vehicle or to physically manipulate or activate any of the controls of an all-terrain vehicle
necessary to put it in motion.
(j) “Operation” means the exercise of physical control over the speed or direction of an
all-terrain vehicle or the physical manipulation or activation of any of the controls of an
all-terrain vehicle.
(k) “Owner” means a person who has lawful possession of an all-terrain vehicle by virtue
of legal title or equitable interest in the all-terrain vehicle which entitles the person to possession of the
all-terrain vehicle.
(l) “Person” means natural person, sole proprietorship, partnership, corporation or
association, and includes any member of the Bad River Tribe and any non-member of this Tribe who is
operating an ATV within the exterior boundaries of the reservation.
(m) “Recognized Reservation” shall mean any Reservation of any Federally Recognized
Indian Tribe recognized by Department of the Interior, Bureau of Indian Affairs.
(n) “Reservation” shall mean all lands and waters within the exterior boundaries of the
Bad River Reservation.
(o) “Tribal Court” shall mean the Court located on the Bad River Reservation under the
authority of the Bad River Band of Lake Superior Chippewa Indians Constitution.
(p) “Underage person”a person who has not attained the legal drinking age of 21 years of
age.
CHAPTER 360 - DOG CONTROL
SECTION 360.1 - FINDINGS
The Tribal Council finds:
(a) Dogs which are not under the care and control of a particular owner are a serious hazard to
personal safety, private property, and wildlife on the Bad River Reservation.
(b) Dogs which are not under the care and control of a particular owner often lack appropriate
care.
(c) There exists on the Bad River Reservation a population of dogs which are at times
uncontrolled and which lacks appropriate shots.
(d) Dogs which are owned by individuals are sometimes engaged in threatening, harmful, or
destructive acts.
SECTION 360.2 - DEFINITIONS
(a) "At large" means off the premises of the owner or some other person caring for the dog, and
not under the control of the owner or some other person.
(b) "Court" means the Bad River Tribal Court.
(c) "Isolation facility" means a pound, shelter, or veterinary hospital which is equipped with a
pen or cage which isolates the animal from contact with other animals.
SECTION 360.3 - TAGS REQUIRED
(a) Any owner of any dog shall securely affix to the dog's collar a rabies vaccination tag issued
by a veterinarian, which bears the date of the current year, or either of the two previous years.
(b) Any owner of any dog shall obtain from the tribal natural resources department or health
department, and securely affix to the dog's collar a valid tribal dog license. A reasonable fee may be
charged for the license.
SECTION 360.4 - DOGS NOT TAGGED
(a) Any dog at large that does not bear on its collar both of the tags required under Section
360.3 shall be considered ownerless.
(b) Any ownerless dog may be destroyed by the tribal natural resources or health department,
whether or not it is a dog causing harm under Section 360.5.
SECTION 360.5 - UNLEASED DOGS AND DOGS CAUSING HARM
(a) An "unleased dog" is a dog that is neither confined within a building, kennel, or fenced yard,
nor secured by a leash, chain, or rope attached at one end to the dog's collar or harness and either
attached at the other end to an immovable fixture, or held at the other end by a responsible person.
(b) A "dog causing harm" is a dog that is"
(1) At large, or
(2) Causing or threatening to cause personal injury, destroying or harming personal property,
fighting with another dog, or running wildlife or domestic stock.
(c) A dog causing harm that is not ownerless may be destroyed.
(d) A dog causing harm that is not ownerless, or an unleashed dog found within 100 feet of any
dwelling may be impounded by the tribal natural resources or health department..
(e) A dog that is impounded shall be held for 48 hours. After 48 hours if the dog's owner has
not claimed it, the dog may be destroyed.
(f) A dog that is impounded may be claimed by its owner upon payment of the impoundment
fee of $12.00 for each 24 hour period or part thereof that the dog is impounded.
(g) The owner of any dog causing harm shall be subject to the following penalties:
(1) A forfeiture not to exceed $5,000 for each incident of harm.
(2) An order of restitution to any person harmed by the dog.
(3) A dog causing serious injury to a person or livestock, found by the court to have caused
serious injury to a person or livestock once previously, which injury the owner had notice of prior to the
second injury, may be ordered by the court to be destroyed.
(h) The owner of an unleased dog shall be subject to a forfeiture not to exceed $200.00 for a
first offense, and a forfeiture not exceed $500.00 for any subsequent offense.
(i) Any person who has been harmed by a dog, whether or not the dog is a dog causing harm
under Section 360.5(a), may proceed in tribal court against the owner of the dog for damages.
Reasonable attorney fees shall be awarded to a successful plaintiff in any such action. Double damages
shall be awarded to any successful plaintiff in any such action if the dog previously caused harm to a
person, livestock, or property and if the owner had notice of such harm prior to the injury that is the
subject of the action.
(j) Except as provided for Section 360.6, any animal that is impounded and that may be
destroyed under this section may be made available for adoption upon payment of posted fees and under
procedures adopted by the tribal natural resources and health departments.
SECTION 360.6 - RABIES CONTROL
(a) An officer of the tribal natural resources or health department shall order quarantined any
dog or cat if there exists reason to believe the dog or cat has bit a person, is infected with rabies, or has
been in contact with a rabid animal. If the dog or cat cannot be captured after a serious effort, the dog
or cat may be killed. The officer shall attempt to kill the dog or cat in a humane manner and in a
manner which avoids damage to the head.
(b) Unless a valid certificate of vaccination evidences that an animal to be quarantined is
currently immunized against rabies, all quarantined animals shall be delivered to an isolation facility as
soon as possible. A currently immunized animal may be quarantined at the owner's house.
(c) Quarantined animals shall be treated as follows:
(i) Health risk to humans. If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall
keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after
the incident occurred. In this paragraph, "supervision of a veterinarian" includes, at a minimum,
examination of the animal on the first day of isolation, on the last day of isolation and on one
intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or
cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the
observation period.
(ii) Risk to animal health.
(a) If a dog or cat is ordered to be quarantined because there is reason to believe that the
animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against
rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for
180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after
the exposure to the rabid animal.
(b) If a dog or cat is ordered to be quarantined because there is reason to believe that the
animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days.
The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a
rabid animal.
(iii) Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines
that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the
veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer
who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane
manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to
have bitten a person, the veterinarian shall notify the person or the person's physician.
(d) Any officer killing an animal under this section shall deliver the carcass to a veterinarian.
(e) The owner of an animal is responsible for all expenses incurred in the application of this
section.
SECTION 360.7 - STANDARDS
(a) Any officer destroying a dog shall do so in a humane and proper manner and shall dispose of
the carcass in a safe and sanitary manner.
(b) Any dogs impounded shall be kept in clean and dry location, protected from the elements,
shall be provided with adequate food and water.
CHAPTER 375 - SOLID WASTE RECYCLING AND DISPOSAL
SECTION 375.1 - FINDINGS
The Tribal Council finds that suitable solid waste disposal sites are not easily located. Those
that are must be used in the most efficient manner. Items that can be recycled and thus kept out of
landfills should be recycled. Inefficient, inappropriate, and unsanitary disposal of solid waste can have
adverse impacts on the land and waters of the Bad River Reservation.
SECTION 375.2 - AUTHORITY
This chapter is promulgated pursuant to Article VI, Section 1(j), (m), (q) and (w), of the Bad
River Constitution.
SECTION 375.3 - APPLICABILITY
This chapter applies to the activities on the Bad River Reservation of members and
non-members of the Tribe, and residents and non-residents of the Reservation.
SECTION 375.4 - DEFINITIONS
(a) "Collection Site" means any place designated by the Tribal Council as the site where solid
wastes may be presented, and includes transfer stations.
(b) "Collector" means any natural or legal person, and that person's employees and agents, who
gathers from another person that person's solid waste.
(bm)“Computers and Computer Accessories” means all computer components, including but
not limited to monitors, central processing units (CPU’s), keyboards, printers, scanners, and any and all
accessories to the computer, whether used for household, government, educational or commercial
purposes. Computers and Computer Accessories which are not recycled shall be considered hazardous
waste.
(c) "Hazardous waste" means any solid, liquid, or mixed waste or combination of wastes, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose a
substantial presence or potential hazard to human health or the environment when improperly treated,
managed, or which may cause or significantly contribute to an increase in serious irreversible, or
incapacitating reversible, illness; including but not limited to nuclear waste or nuclear products, and
petroleum, natural gas, or synthetic gas products.
(cm)“Major Appliance” or “White Goods” means a residential or commercial air conditioner,
clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler,
dehumidifier, water heater or stove.
(d) "Non-resident" means any person who does not have a permanent place of abode on the
Reservation, except as hereafter provided. Non resident does not mean any temporary or seasonal
resident, for purposes of solid waste generated at the temporary or seasonal residence, and does not
mean any place of business, for purposes of solid waste general at the business.
(e) "Reservation" means the Bad River Reservation.
(f) "Solid waste" means all waste, garbage, rubbish, offal, trash and other discarded solid waste
materials resulting from residential, commercial, agricultural, industrial, community, and other human
activities, including liquid waste contained within solid waste, and including hazardous waste, but does
not include sewage and human wastes.
(g) "Transfer station" means any facility approved by the Tribal Council for the purpose of
collecting, transporting, and disposing of solid waste.
(h) "Tribal Council" means the Tribal Council of the Tribe.
(i) "Tribal Court" means the Tribal Court of the Tribe.
(j) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 375.5 - SOLID WASTE STORAGE
(a) Solid wastes within the reservation boundaries shall be handled, stored, collected,
transported, transferred, processed and disposed of in accordance with the provisions of this Chapter.
(b) The owner or occupant of any premises, business establishment, or industry shall be
responsible for the sanitary storage of all solid waste accumulated at the premises, business
establishment or industry.
(c) Solid waste shall be stored in durable, rust resistant non-absorbent, water tight, rodent proof,
and easily cleanable containers with a close fitting insect-tight cover with adequate handles or bails to
facilitate handling.
(d) Recyclables, as defined in Section 375.7(b), may be stored in the bin designated for that
purpose, as provided for in Section 375.7(d).
(e) Non-recyclables, as defined in Section 375.7(c), may be stored in bags designated for that
purpose, as provided for in Section 375.7(e).
(f) Unless otherwise provided for in a written rental agreement or lease, the tenant of any single
unit detached residence and the landlord of any multi-unit residence shall be responsible for the
provision and maintenance of containers as specified in paragraph (c), above.
SECTION - 375.6 - SOLID WASTE DISPOSAL
(a) No personal shall leave, deposit, or dump solid waste anywhere within the reservation
except at designated solid waste collection sites. Sites shall be designated by the Tribal Council and
locations of such shall be published and posted.
(b) No non-resident shall dispose of solid waste anywhere within the Reservation.
(c) No person shall dispose of any solid waste generated outside the boundaries of the
Reservation on any lands, dumping sites, or landfill within the boundaries of the Reservation.
(d) No person shall dispose of solid waste on any private or public residential property, where
disposal of such wastes will cause a public nuisance or health hazard, by causing foul odors to escape or
by infestation of insects or rodents.
(e) No person shall deposit solid waste from any stopped or moving vehicle onto any state,
county, town, or tribal highways, roads, or right of ways.
(f) No person shall release any hazardous waste within the Reservation, "release" meaning any
spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, or causing or allowing any of the above.
(g) No person shall dispose of any solid waste at a designated solid waste collection site except
in the bin, container, or area specifically designated for the particular type of solid waste disposed.
(h) No person shall dispose of any solid waste at a designated solid waste collection site except
in the manner provided by this chapter.
(i) No person shall dispose of any solid waste at a designated solid waste collection site except
during the hours when such site is open to accept solid waste.
(j) No person shall dispose of any sewage or human waste except into a community sanitary
sewage system or individual sanitary system constructed and operated according to Indian Health
Service specifications on Indian owned land, or state of Wisconsin specification on non-Indian owned
land, or except into an enclosed pit in operation and used on the date of passage of this chapter.
SECTION 375.7 - SOLID WASTE COLLECTION
CHAPTER 375 ENACTED BY RESOLUTION #10-5-90-146
(a) All solid waste presented to the Tribe for collection, either at curbside or at a designated
solid waste collection site, shall be treated as provided by this section.
(b) "Recyclables" means
(1) Glass containers
(2) Metal cans
(3) Newspaper
(4) Cardboard
(5) Plastics, HDPE and PET only
(6) Aluminum cans
(7) Motor oil
(8) Major appliances, except microwave ovens from which the capacitor have been removed
and disposed of off-reservation in compliance with community or county clean-sweep programs.
(9) Computers and computer accessories.
(c) "Non-Recyclables" means all solid waste not listed in subsection (b), above, excluding
hazardous waste.
(d) Recyclables shall be prepared for collection as follows:
(1) Glass containers: Lids shall be removed; interior shall be rinsed out.
(2) Metal cans: Interior shall be rinsed out.
(3) Newspapers shall be bundled and tied with string or placed in a brown paper bag.
(4) Cardboard shall be flattened, tape and labels removed, and pieces sized no greater than
24 inches x 24 inches.
(5) Plastic. Caps shall be removed and interior rinsed out.
(6) Aluminum cans. Interior shall be rinsed out.
(7) Motor oil shall be placed in a nonbreakable container with a tight fitting cap.
(8) Major appliances or White Goods: Recycling and Solid Waste Department shall be
contacted to arrange for proper pick-up or drop-off and handling. A fee to cover Department costs may
be charged for pick-up or drop-off at times other than designated spring clean-up.
(9) Computers and Computer Accessories: Recycling and Solid Waste Department shall be
contacted after options in sec. 375.7(d)9.A. are exhausted to arrange for proper pick-up or drop-off and
handling. A fee to cover Department costs of recycling Computers and Computer Accessories may be
charged.
(9).A Disposers of Computers and Computer Accessories shall, prior to recycling them
through the Bad River Recycling and Solid Waste Department, attempt to reuse or recycle the computer
through reuse, donation, resale, materials exchange, or through a computer recycler. Information on
material exchange or computer recyclers may be obtained from the Bad River Recycling and Solid
Waste Department.
(e) Recyclables shall be placed in the bin provided by the Tribe for that purpose and set out at
curbside for pickup on the regular solid waste collection day. Recyclables transported to a designated
solid waste collection site shall be sorted and disposed of according to the designations at the site.
(f) Non recyclables shall be disposed of only in bags purchased from the Tribe and specially
designated for that purpose.
(g) No person shall dispose of recyclables in bags designated for the disposal of
non-recyclables.
(h) No designated solid waste collection site operated by the Tribe, no transfer station operated
by the Tribe, and no collector transporting solid waste to a solid waste collection site or transfer station
operated by the Tribe shall collect any solid waste in any bags designated for non-recyclables if the bag
contains any recyclables.
(i) After written warning, any collector transporting solid waste to a solid waste collection site
or transfer station operated by the Tribe may suspend the collection of all solid waste from any
household or other collection site if any provision of this chapter is violated at that site, until
compliance with this chapter is shown.
(j) The Solid Waste Administrator shall fix the fee to be charged for the bags designated for
non-recyclables. Such fee shall be based on the amount necessary to cover the operating and capital
costs of all solid waste collection facilities and systems.
(k) The Solid Waste Administrator shall fix the fee to be charged for the deposit of
non-recyclable solid waste that is not contained in bags designated for such use, included but not
limited to furniture, white goods, tires, and demolition materials.
SECTION 375.8 - ENFORCEMENT
(a) The Solid Waste Administrator, all tribal law enforcement and conservation enforcement
personnel shall be empowered to enforce this chapter.
(b) Actions for violations of this chapter may be commenced in tribal court by conservation
citation or by summons and complaint.
(c) Violation of any provision of this chapter may be punished or remedied by a civil forfeiture
not to exceed $1,000. Each day of any continuing violation may be charged as a separate violation, and
a separate forfeiture may be imposed.
(d) In addition to a civil forfeiture, any personal property, including vehicles and other
equipment, which has been used in connection with the violation of this chapter may be seized and
forfeited pursuant to the appropriate sections of the Tribal Court Code.
(e) Nothing herein shall prevent the Tribe from bringing suit against any violator of this chapter
for money damages for harm to any tribal resource caused by the violation, or for injunctive relief.
(f) Any person may bring suit in tribal court to enjoin a violation of this chapter.
SECTION 375.9 - ADMINISTRATOR
(a) The Solid Waste Administrator shall be responsible for the administration of this chapter
and of any tribal solid waste collection facilities or systems.
(b) This chapter is effective upon passage by the Tribal Council, posting on the Reservation, and
publication in the Ashland Daily Press.
SECTION 375.10 - SEVERABILITY AND NON-LIABILITY
If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this Chapter will not be affected thereby. The Tribe
declares there is no liability on the part of the Tribe, its agencies, or employees for damages that may
occur as a result of reliance upon or conformance with this Chapter. The Tribe, by adoption of this
Chapter, does not waive sovereign immunity in any respect.
CHAPTER 376 - OPEN BURNING, BURN BARREL AND FIRE PREVENTION
ORDINANCE
Adopted by Resolution 16-1-03-149
(a) Purpose. The burning of household and other waste can cause severe health problems,
pollute the air, soil, and water, and pose a fire danger to the surrounding area. The purpose of this
ordinance is to control and monitor the setting of fires and open or barrel burning within the exterior
boundaries of the Bad River Reservation by any person in order to protect the welfare, peace, safety,
environment, and property of the Bad River reservation and it’s Tribal Membership.
(b) Scope. This ordinance applies to all open and burn barrel fires within the exterior
boundaries of the Bad River Reservation.
SECTION 376.2 Definitions.
(a) “Acceptable Burn Barrel” shall mean a metal drum of at least 55 gallon volume, which:
(1) Has been placed upon blocks made of a material that will not cause the barrel to tip
or cause the ground to burn.
(2) Has air vents of approximately “pea size” on the sides and bottom,
(3) Is covered by a screen of not to exceed 1/4 inch mesh, and
(4) Has been inspected by the Natural Resources Department or Fire Warden.
(b) “Burning Barrel” shall mean any fire contained in a barrel or other type of containment
where the products of combustion are emitted directly into the outdoor atmosphere and are not directed
through a stack or chimney, incinerator or other similar device and the purpose of the fire is not for
cooking or to provide heat to dwelling.
(c) “Brush” shall mean woody debris commonly associated with land clearing of all types
such as landscaping, trail clearing a and general yard maintenance. Additional materials which may fall
into this category are clean lumber from demolition (containing no paint, stain, or preservative), leaves,
bark and other woody scraps from various activities.
(d) “Construction/Demolition Material” shall mean wood and non-wood products
commonly associated with the demolition of structures, including but not limited to; shingles of all
types, insulation of all types, gypsum board, tar paper, metal plumbing, ductwork, wiring, and
chemically-treated wood of all types.
(e) “Forest Fire” shall mean uncontrolled, wild, or running fires occurring on forest,
marsh, field, cut-over, or other lands within the boundaries of the Bad River Reservation.
(f) “Hazardous Waste” shall mean any commercial chemical substance designed pursuant
to the Federal Water Pollution Control Act, under 33 U.S.C. Section 1321(b)(2)(A); any hazardous air
pollutant listed pursuant to the Clean Air Act, under 42 U.S.C. Section 7412; any hazardous waste
defined under the Resource Conservation and Recovery Act, 42 U.S.C.
Section 6901 et seq. As amended, and any other substance which constitutes a hazardous waste under
tribal, state, or federal law.
(g) “Kitchen Garbage” shall mean animal and vegetable waste resulting from the
handling, preparation, cooking, and/or consumption of foods.
(h) “Non-recyclable Material” shall mean Pyrex glass, window glass, light bulbs, mirrors,
broken glass, china, Styrofoam and melamine type plastics, waxed paper, waxed cardboard, soiled
paper, garbage, bottle or jar caps and any material for which there is no destination point for
reclamation or processing.
(i) “Open Burning” shall mean any fire wherein the products of combustion are emitted
directly into the outdoor atmosphere and are not directed through a stack or chimney, incinerator or
other similar device. “ Open Burning” includes, but is not limited to, brush burning.
(j) “Owner” shall mean the person(s) or entity(ies) which hold legal or benefical title to
a burn barrel or property and the person(s) or entity(ies) which have or exercise possession of a burn
barrel or property. Owner also means landlord and lessee.
(k) “Recyclable Material” shall mean brown, clear, and green container glass, aluminum
cans, steel containers, bi-metal containers, plastics containers with #1 thru #7 inside a triangle on the
bottom, corrugated cardboard, newspaper, magazines, mixed paper, office paper, used motor oil,
vehicle tires, and any other material for which there is a destination point named for reclamation or
processing or listed as recyclable material in the Bad River Solid Waste Ordinance.
SECTION 376.3 General Provisions
(a) Within the exterior boundaries of the Bad River Reservation, it shall be unlawful for
any person to set any fire unless it shall be attended at all times and she or he has first obtained a
Burning Permit from a Fire Warden duly appointed and designated by the Bad River Tribal Council,
except for:
1. When a fire is set and designed solely for warming the person or cooking food;
2. When a fire is set for ceremonial purposes.
(b) Warming and Cooking Fires. Any person who sets a fire solely for warming the
person or cooking food shall extinguish such fire before leaving it, and upon failure to do so will be in
violation of this Ordinance.
(c) Ceremonial Fires. Any person who lights a fire for ceremonial purposes shall
ensure that precautions are taken to prevent the spread of the fire outside the intended area and that the
fire is attended at all times until it has extinguished itself.
(d) Windy Conditions. Except for ceremonial purposes where adequate fire safety
precautions are taken, no burning shall occur when wind speeds exceed 10 miles per hour or when wind
conditions are such that sparks or embers from the fire may be spread outside the parameters listed in
subsection 376.6 for safe containment of the fire.
(e) Adequate provision shall be made to prevent fire from spreading(garden hose or
other sufficient source of water, shovels, dirt, etc.).
(f) Fires shall be constantly attended by a competent person until the fire is completely
extinguished( fire remains are cold).
(g) Fires must be completely extinguished before you leave( fire remains must be cold).
SECTION 376.4 Permit Application and Issuance.
(a) Permit Application. Permits may be obtained from the Bad River Fire Warden
during normal business hours after filing of an application which may be obtained from the Bad River
Fire Warden. The application shall contain at least the following information:
1. Name, physical address, and phone number of person responsible for the burn.
2. Responsible persons who may be attending the burn.
3. Location of the burn(Fire warden may, at his or her option, require an inspection of
the site by the Natural Resources Department of the Fire Department).
4. The signature of the applicant stating the following:
(A) that he or she has been given educational material regarding the environmental
and health hazards of open burning,
(B) Has read and understood the material, and
(C) Has had an opportunity to ask questions of the Fire Warden about the burning
regulations.
(b) Permit Issuance. Permits issued pursuant to this section shall include but not be
limited to restrictions concerning: time of day, location, minimum required precautionary measures, and
the length of the burning period of the permit.
(c) No fee shall be charged for a burn permit.
(d) If the permit is for a burn barrel, the burn barrel must be considered an acceptable
burn barrel and inspected and approved by the Natural Resources Department or the Fire Warden prior
to issuance of the permit.
(e) Burn permits for burn barrels shall expire upon on May 31 of each year.
(f) Burn permits for open burns expire upon competition of the open burn, but in no
case beyond 30 days from the date of issuance of the permit. Subsequent burns at the same location
require separate permits.
SECTION 376.5 Permit Considerations
Burning permits shall be issued only after a determination by the Fire Warden that the danger to the
resources will be minimized by allowing the permittee to burn if he or she complies with the conditions
of the permit and takes all reasonable precautions to prevent the escape of the fire.
SECTION 376.6 Permitted Burning
(a) Open Burning
1. Brush burning shall be limited to wood products only, which includes only twigs, brush,
leaves, grass, and untreated, unpainted sawn wood or those items defined as brush, above.
2. No construction/demolition materials or household garbage may be burned.
3. No chemically or creosote treated wood may be burned.
4. No woody materials which may be contaminated with other construction materials,
including but not limited to: tar paper, insulations of all types, shingles, gypsum board, paint and other
wall treatments, may be burned.
5. No recyclable materials as defined in this ordinance may be burned.
6. The burning of objectionable materials such as rubber, roofing, or any material which can
damage the property of other is prohibited.
7. No open fires shall be kindled within fifty feet (50') of any property line, public right of
way, building, fence, or combustible growth or material other than that intended to be burned.
8. Burn piles may be no larger than five feet by five feet five feet (5' by 5' by 5').
9. Burning of uncut grass, brush, or vegetation (running fire) ir prohibited, except by special
permit issued for exceptional circumstances only after inspection of the proposed burn site and
agreement with the proposed burn by the Bad River Fire Warden and Natural Resources Department.
10. Burning after dusk or before dawn in prohibited. Open burning hours from May-October
will be from 6:00 AM to 8:00 PM.
11. Burning is prohibited at all times when a general fire permit ban is in effect, as declared by
the Bad River Fire Warden.
(b) Barrel Burning
1. Barrel burning shall be limited to burning in an acceptable burn barrel the burning of small
woody debris and soiled or other non-recyclable paper.
2. No recyclable materials as defined may be burned.
3. No demolition materials as defined may be burned.
4. No material identified in376.6(a) 2-6 may be burned
5. Barrels must be covered while burning with a screen which will hold down flying ash. The
screen must be in sound condition and have a mesh size no larger than one-quarter inch (1/4").
6. The barrel must not be contaminated with paint, oil, gasoline, or other potentially harmful
or noxious substance.
7. Barrels must be continually observed by a responsible person during the burning process
and completely extinguished before being left.
8. All barrel burning must be done after the hours 6:00 pm local time, except for when snow
cover is sufficient, burning may be done at any time.
9. Burn barrels must be located in a ten foot (10') clear area, a minimum of twenty-five feet
(25') from buildings and combustibles.
SECTION 376.7 Prohibited burn items.
(a) Disposable Diapers
(b) Oil
(c) Gasoline
(d) Paint
(e) Plastics (including but not limited to Styrofoam and melamine type plastics)
(f) Household trash or garbage ( including kitchen garbage)
(g) Cardboard
(h) Non-recyclable paper containing plastic, paint, or other matter which is noxious when
burned
(i) Dead animals not being processed or cooked as food products
(j) Any material that emits dense smoke or obnoxious odors
(k) Thermometers containing mercury
(l) Any item known to contain mercury or lead (including batteries)
(m) Tires
(n) Construction/Demolition material, except for wood scraps with no paint, stain, chemical
treatment or other contaminants
(o) Hazardous Wastes
SECTION 376.8 Special Authority to Restrict Burning
This Chapter includes the authority for the Bad River Fire Warden to restrict and forbid the
setting of any type of fire or burning within the exterior boundaries of the Bad River Reservation, by
any person, when there is a dangerously dry season. Setting of fire or burning in this particular Section
will include but will not be limited to the burning of paper or garbage, burning of leaves, campfires,
outside cooking units, etc. The only exceptions will be those homes where a stove or appliance is
located outside the home which is needed in the preparation of food or for heat and for ceremonial uses
when the Fire Warden is notified of the general location of the fire and can assure that proper fire safety
precautions have been met. Proper notice will be given to the public when this restriction goes into
effect by the following notification:
(a) Posting of notices at the Tribal Offices, Fire Hall, Bad River Natural Resources
Department and at least one tribal enterprise, and
(b) At the option of the Fire Warden, announcement on one or more local radio stations.
SECTION 376.9 General Responsibility and Liability/Negligent Handling of ant Material
Which Might Cause a Forest Fire.
(a) General Responsibility and Liability. It is the responsibility of the owner of any land
upon which a burn is conducted or the owner of a burn barrel in which burning is conducted, as well as
any individual, with or without a permit issued under this chapter, to ensure that his or her fire is
adequately contained and does not pose a threat to the safety of his or her own person and property and
that of all others which may be harmed by the act of burning. Any private individual, including owners,
with or without a permit issued pursuant to this chapter, shall be liable for any injury or property
damaged by the act of burning or failure to take adequate precautions to prevent injury and damage due
to his or her burning.
(b) Forest Fire. Any person who would start, kindle, or otherwise encourage a forest fire
through the careless use of smoking materials, fireworks, campfires, motorized equipment, flammable
substances, or any other material or item of equipment shall be in violation of the Section of the
Ordinance.
376.10 Public Nuisance
Any private individual affected by another private individual’s burning is authorized by this
Chapter to bring a private citizen suit under this section to abate damages due to smoke or fire
conditions which create a nuisance, or visual, or odor problems or to recover damages for injury or
property damage caused by another private individual’s fire.
(a) Initiation of a citizen suit shall not prohibit or limit the right of the Tribe to initiate
enforcement action under this section, nor shall it require the Tribe to take enforcement action.
(b) This chapter does not provide a right of action for a citizen suit against the Tribe or any
Tribal entity for any reason.
376.11 Effective Date and Severability
(a) Effective Date. This ordinance shall be effective upon the date of adoption by resolution
of the Bad River Tribal Council, until amended or otherwise expressly invalidated by the Tribal
Council.
(b) Severability. If any section, provision, or portion of this Ordinance id judged
unconstitutional or invalid by the Bad River Tribal Court, the remainder of this Ordinance shall not be
affected.
376.12 Enforcement/Evidence
(a) The Bad River Fire Warden and Fire Department, Conservation Wardens and the Bad
River Police Department are authorized to issue citations for violation of this Chapter.
(b) The Bad River Fire Warden and Fire Department, the Bad River Conservation Wardens,
and the Bad River Police Department may issue immediate cease and desist orders for suspected
violations or when burning appears to create unsafe condition. Such cease and desist orders may be
issued regardless of wether a permit has been issued or wether a citation has been issued. The cease and
desist order shall expire within 36 hours of issuance if a citation is not
issued.
(c) The Bad River Fire Warden, Fire Department, the Bad River Conservation Wardens, and
the Bad River Police Department are authorized to enter private property, tribal, trust, allotted, or leased
property at all times to inspect all outdoor fires.
(d) Citations for violations shall include, but not be limited to the following: an affidavit of a
member of the Bad River Fire Wardens, or the Fire Department, the Bad River Conservation wardens,
or the Bad River Police Department stating the conditions occurring during the burn or the manner of
material being burned; or photographs of the burn site and material being burned when accomplished by
an affidavit describing the date, time, location of the fire, the ownership, if known, of the barrel, and
any other relevant conditions.
376.12 Jurisdiction/Penalties
(a) The Bad River Tribal Court shall have jurisdiction to hear all matters prosecuted pursuant
to this Chapter, including citizen suits.
(b) The Bad River Tribal Court may impose any of the following penalties for violations of
this Chapter, singly or in any combination:
1. Immediate injuction against burning;
2. Restitution for damages caused by violations, including damages for any harm to any
tribal resources;
3. A civil forfeiture of not to exceed $1,000.00. Each day of any continuing violation
may be charged as a separate violation and separate forfeiture may be imposed;
4. In addition to a civil forfeiture, any personal property, including vehicles and other
equipment, which has been used connection with the violation of this chapter may be seized and
forfeited pursuant to the appropriate sections of the Tribal Court Code. Seizure of burn barrels or other
items which are too hot to move may be effected by posting a copy of the citation on or near the item
seized until the item has cooled sufficiently for removal.
(c) Citizen suit damages are separate from and may be in addition to and may duplicate any
damages requested by the tribe under this Section.
CHAPTER 403 - TRIBAL LEASES
CHAPTER 403 ENACTED BY RESOLUTION # /AMENDED BY RESOLUTION 6-2-82-88
SECTION 403.1 - PURPOSE
The purpose of this chapter is to provide for the public health, safety, and welfare by
establishing an orderly procedure for the residential leasing of tribal land to tribal members.
SECTION 403.2 - AUTHORITY
This chapter is adopted pursuant to Art. VI, sec. 1 (c) and (w), Bad River Constitution.
SECTION 403.3 - MAXIMUM LOT SIZE
No lease of tribal land to a tribal member for residential purposes shall exceed three acres in
size.
SECTION 403.4 - PROCEDURE ESTABLISHED
No agreement for the residential leasing of tribal land to a tribal member shall be entered into
except as provided in this chapter.
SECTION 403.5 - ADMINISTRATOR'S DUTIES
The administrator of this chapter shall be responsible for assisting applicants with applications,
for making all necessary inter-departmental and inter-agency contracts with regard to particular
applications, for certifying to the Tribal Council or denying all lease applications based on the standards
provided in this chapter, for maintaining the Official Lease Map, and for executing all other tasks
specifically assigned to him by this chapter.
SECTION 403.6 - ADMINISTRATOR ESTABLISHED
The Environmental Health Community Health Representative shall serve as the administrator of
this chapter.
SECTION 403.7 - PROCEDURE
(a) Application. The administrator shall make lease site application forms available to any
tribal member seeking a residential lease. An applicant seeking a residential lease site shall complete
an application on the form provided him by the administrator. The applicant may list in order of
priority up to three desired lease sites. The applicant shall describe the lease sites as completely as
possible and shall include a legal description if available. If necessary for adequate identification the
administrator shall make a visit with the applicant to the proposed lease sites.
(b) Legal Description. If the applicant is unable to supply a complete legal description of any
proposed lease site, the administrator shall request one from the Bureau of Indian Affairs before
proceeding further in the certification process for that site.
(c) Zoning. The administrator shall check the proposed lease site against the Official Zoning
Map, the Official Lease Map, and the Official Forestry Map, and shall verify on the application that the
site is tribal property, is not otherwise leased, is within a residential district, is independent of
shoreland/wetland restrictions, and is outside the boundaries of any forestry development project. If the
site is encroached by shoreland/wetland restrictions but is partially usable for residential site, the
administrator shall so note on the application and inform the applicant. The applicant may then choose
to have the administrator continue the certification process of the site so encroached, or may request the
administrator to proceed with the certification process on an alternate site.
(d) Flood Plain. The administrator shall check the proposed site against the Official Flood Map.
If the site is within a 100 year flood plain the administrator shall so note on the application and inform
the applicant. The applicant may then choose to have the administer continue the certification process
of the site or may request the administrator to proceed with the certification process on an alternate site.
If the applicant directs the administrator to proceed with the certification process of the flood plain site,
the applicant shall sign a statement declaring that he is aware that he will be ineligible for tribal or
Indian Health Service assistance in the installation of sewer and water facilities. The site shall not,
however, be denied certification solely because it is within a 100 year flood plain.
(e) Percolation. The administrator shall refer a site not within a flood plain and meeting the
criteria specified in Section 403.7(c) to the Indian Health Service to perform a percolation test and to
determine the feasibility of locating at the site a private sewer disposal system and well meeting the
requirements of Chapter 402. Based on Indian Health Service reports and recommendations the
administrator shall determine if the site is suitable for an approved private sewer disposal system and
well under Chapter 402. For sites within a flood plain, the applicant shall privately secure and convey
to the administrator the information required by this subsection.
(f) Certification - Denial. If the proposed site fails to prove suitable under Section 403.7(e), the
site shall be denied certification, the applicant shall be so informed, and the administrator shall
commence the certification process for an alternative site listed on the applicant's application, or shall
consult the applicant to determine his wishes.
(g) Certification - Granted. If the proposed site is found suitable for a private sewer system and
well under Section 403.7(e), the administrator shall instruct the Bureau of Indian Affairs to prepare a
lease for the site. The lease shall specify the type of private sewer disposal system permitted at the site.
(h) Tribal Council Approval. The administrator shall submit to the tribal council for approval
the completed lease application, the lease prepared by the Bureau of Indian Affairs, and a draft
resolution approving the lease. If the Tribal Council approves the lease resolution, the administrator
shall submit all necessary papers to the Bureau of Indian Affairs for execution and recording.
(i) Recording on Official Lease Map. Upon execution and recording of the lease, the
administrator shall record on the Official Lease Map the approved lease site, and shall set down the
verbal information as required by Section 403.8.
(j) Appeal of Administrator Denial. Any denial of lease-site certification made by the
administrator may be appealed to the Tribal Council by submitting to the Council the lease application,
the administrator's denial of certification and a statement of reasons why the denial should be
overridden. The Council in determining any appeal shall apply the provisions of this chapter and
Chapters 401 and 402. For purposes of appeal any failure by the administrator to certify or to proceed
further in the certification process because of a 403.7(c) conflict or 403.7(e) failure shall be construed
as a denial.
SECTION 403.8 - OFFICIAL LEASE MAP
The administrator shall maintain the Official Lease Map of the Bad River Tribe. The Map shall
have no legal effect but shall be used as an administrative tool to locate, identify, and pictorially record
lease sites. The Map shall not be altered except by the Administrator upon the execution or expiration
of a lease. The Map shall contain, along with a pictorial representation of each site, the following
information for each site: Name(s) of lessee(s); date of execution and term of each lease, legal
description of each site, and yearly monetary consideration for each lease. The Map shall be available
for inspection to Tribal members and the administrator's office, in his presence during regular business
hours.
SECTION 403.9 - FLOW CHART
The flow chart attached to this chapter as Appendix A is intended to provide a graphic
representation of the procedures prescribed herein. It is not a part of this chapter and is of no legal
effect. In any case of conflict between the procedures as depicted on the flow chart and the procedures
described in this chapter, the latter shall be controlling.
SECTION 403.10 - APPLICATION FORM
The application form attached to this chapter as Appendix B shall be the official application
form for residential leases for tribal members. The application form may be modified by the
administrator provided such modification is submitted to the Tribal Council for review at the next
subsequent regular Tribal Council meeting.
SECTION 403.11 - EFFECTIVE DATE
This chapter shall be effective on the date following Tribal Council approval.
SECTION 403.12 - TERMINATION OF LEASES
Any lease executed hereunder may be terminated for violation thereof, in accordance with 25 CFR Part
131.Without implying limitation by enumeration, it is expressly stated that ground for termination of
any residential lease executed hereafter shall be lessees failure to construct and complete permanent
residential improvements within a period of two years from the date of the lease.
CHAPTER 405 BAD RIVER UTILITIES
SECTION 405.1 Purpose
The purpose of the Bad River Utility Department will be to manage, operate, and maintain utility
systems of the Bad River Indian Tribe.
SECTION 405.2 Place of Business
The Utility Department will maintain an office in New Odanah, Wisconsin. It’s address will be:
Bad River Utility Department
P.O. Box 39
Odanah, WI 54861
SECTION 405.3 Services Offered
A. Water Services: The Utility Department is responsible to provide safe, adequate water for a
fee to those houses connected to the mainlines of community water systems. Responsibility for
maintenance will include water sources, storage tanks, controls, mainlines, valves and hydrants, and
services lines to curb stops only. The service line from the curb stop to the house and interior house
plumbing are the responsibility of the customer.
B. Sewerage Service: The Utility Department is responsible to provide sanitary disposal of
domestic waste for a fee to those houses connected to the mainlines of community sewerage systems.
Responsibility for maintenance will include treatment facilities, pumping stations, mainline and
manholes, and service lines to the property lines only. The service line to the house and interior house
plumbing are the responsibility of the customer.
C. To ensure the provision of adequate water and sewerage service to its customers, the Utility
Department will retain qualified personal on duty or on call at all times. The Department will respond
quickly to breakdown and other emergencies.
D. Other Services: The Utility Department may agree to perform under contract with
governmental, tribal, or private bodies construction or operating and maintenance services.
SECTION 405.4 Systems Covered
The Utility Department will develop and follow a regular schedule of maintenance services for
each water and sewage system. These services will include, but not be limited to, the following:
A. Water Systems
1. Inspect and operate valves and hydrants.
2. Inspect and repair water mains for leaks and damage.
3. Flush water lines.
4. Inspect storage tanks and level indicators.
5. Adjust and service controls.
6. Insure proper residuals of chlorine and fluoride in the system.
B. Sewerage Systems
1. Flush sewer mains.
2. Remove debris for manholes.
3. Control weeds and erosion at lagoons.
4. Inspect and service lift station and mechanical aerators.
SECTION 405.6 Rate Schedule
This section may be amended as necessary as an Attachment A to this ordinance by Resolution
of the Tribal Council. On the date of renumbering of this ordinance as Chapter 405, the rates are as
follows:
A. Residential
1. Water Service
2. Sewer Service
3. Re-connection after shut-off
B. Water and Sewer Monthly Charges for Commercial/Administrative Buildings
1. Administration Building $450.00
2. Clinic $125.00
3. Casino $350.00
4. New Odanah Fire hall $ 50.00
5. Birch Hill Fire hall $ 50.00
6. Bad River Day Care $125.00
7. Bad River Head Start $125.00
8. Bad River Tribal Garbage $ 50.00
9. Bad River Tribal Center $150.00
10. Bad River Heritage Building $ 50.00
11. Bad River Lodge $300.00
12. Bad River Warehouse $ 50.00
13. Community Center $125.00
14. Bad River Housing Authority $4175.00
B. Reconnection Charge after shut-off $ 40.00
SECTION 405.7 Billing and Collection
A. The Utility Department will maintain a complete and up-to-date record of all customers
served by those systems operated by the Department. Additions and deletions will be made as soon as
the Department learns of change.
B. The Utility Department will type and mail to each customer his bill for services on the 1st
dat of the month. Payment will be due on the 10th day of the month. Non-payment by the 20th day of
the month will be cause for the Utility Department to shut off the customer’s water services. 10% will
be added to any delinquent bills.
C. Customers may make payments by cash, check or money order to the department at its
office in New Odanah, Wisconsin.
D. Customers who live in houses managed by the Tribal Housing Authority will continue to
make water and sewer payments as part of the rent or house payment. The housing Authority collecting
the payments then will pay the Utility Department for its housing occupants. The Housing Authority
will receive a receipt for this payment.
E. If a customer’s water service is discontinued he/she must pay all of this delinquent charges
plus the re-connection fee before the Department will restore his water service.
SECTION 405.8 Enforcement
A. The Utility Department is hereby authorized by the Bad River Tribal Council to collect fees
for service and to shut off services for non-payment.
B. The Utility Department shall enforce its regulations and fee collections by shutting off
water services and any and all violators and delinquent bill-payers. The Utility Department shall not
seek to attach customer’s property, nor seek to have fines assessed by Tribal Court, except in limited
cases of blatant or continued abuses or destruction of property.
SECTION 405.9 Bookkeeping and Handling of Funds
A. The Utility Department will follow normal tribal procedures for bookkeeping and
banking. The Department will have a separate banking account set up at an area bank. The Utility
Department will follow normal tribal procedures for book keeping and banking. The Department will
have a separate banking account set up at an area bank. The Utility Department will make available to
the Tribal Council a monthly accounting of the Departments funds.
B. Actual handling of the Utility Department’s funds will be performed by thr Tribal
Treasurer, or his/her designated agent.
C. All accounts and leaders of the Utility Department shall be available for audit at any time
by the Tribal Council.
D. Reserve Accounts. The Utility Department shall cause to be established and maintained the
following reserve accounts, funded through collection of Utility rates:
1. Sludge Disposal Reserve Account: An amount estimated to meet the needs for periodic
final disposal of sludge through duly licensed land application methods or other means of legal
disposal.
2. System Maintenance Reserve Account: An amount estimated to meet the needs of
routine maintenance of the systems and replacement of parts as necessary.
Section 405.10 Management
A. The department will establish a job description for the Water and Sewer Maintenance
Worker which will authorize him/her to execute the Bad River Utility Department Plan of Operation.
B. The Water and Sewer Maintenance Worker will manage the daily operations of the utility
Department. He/She shall establish an orderly functioning of the office and operation and maintenance
of the utility systems.
C. Job description for all employees will be developed by the Utility systems.
Section 405.12 Mandatory Hook-Up
A. The owner or lessee of each parcel of land adjacent to a sewer main on which there exists a
building useable for human habitation or in a block through which such system is extended, shall
connect to such system with 90 days of notice in writing from the Utility Department. Upon failure to
do so, the Utility Department may cause such connection to be made an bill the property owner or
lessee for th costs hook-up.
B. If such costs of hook-up are not paid within 30 days, notice shall be made to the owner or
lessee the Utility Department intends to seek a redress in the Bad River Tribal Court, notwithstanding
subsection 405.8B, for recovery of the costs hook-up. The Utility Department shall not seek to attache
the owner or lessee’s property, or seek to have fines assessed by the Bad River Tribal Court, except in
limited cases of blatant or continued abuses or destruction of property.
C. Within 30 days of issuance of such notice, the owner or lessee may file a written statement
with the Utility Department proposing a payment plan, not to exceed 2 years from the date of notice, by
which the costs of hook-up will be paid by the owner or lessee. The Utility Department shall accept
such payment plan unless it is determined to be unreasonable or does not provide for full recovery of
the costs of hook-up. If the payment plan is accepted, the Utility Department shall notify the owner or
lessee in writing within 30 days, shall institute the payment plan at the time of notice is issued, and shall
refrain from seeking redress in the Tribal court unless and until the owner fails to follow the payment
plan from the utility Department.
D. This chapter ordains that the failure to connect to the sewer system is contrary to the minimum
health standards of the Bad River Band of Lake Superior Tribe of Chippewa Indians and fails to assure
preservation of the health, comfort, and safety of the Bad River Reservation population and
environment
Section 405.13 Emergency Plan
The Utility Department shall develop and maintain an Emergency Plan for the Bad River
Water/Wastewater System. The most recent copies of the Emergency Plan shall be maintained at the
Utilities Department, the Tribal Operations Manager, the Bad River Fire Department, and the Bad River
Police Department.
405.14 Amendments or Revisions
The Plan of Operation may be amended by a simple majority of Tribal Council members in
attendance at a meeting called for that, purpose and thereafter by the Bad River Tribal Council as
provided by law.
APPENDIX B TO CH. 403
BAD RIVER ORDINANCES
BAD RIVER TRIBE
RESIDENTIAL LEASE SITE APPLICATIONS
(1) Applicant(s) Name: ___________________________________________________
(2) Address:__________________________________________
Phone: ____________
(3) Please describe the residential lease site(s) desired. Listing more than one site may
expedite approval if your first choice is denied. If you list more than one site please do so in the
order in which you desire them. If you know a complete or partial legal description of the site(s) you
are listing, please provide it:
(a) First Choice:
(b) Second and third choices (optional):
(4) I (we) hereby make application for the above lease site to be used for residential purposes.
_____________________________ _______________________________
Signature Date
____________________________ ________________________________
Signature Date
________________________________________________________________________
FOR OFFICE USE
(5) Legal description complete? Yes _____ No ______
BIA contacted for description: Date ________________
Complete description:
(6) (a) Zoning Map: Tribal property? Yes ______ No ______
If no, inform applicant. Recommend for second choice.
(b) Zoning Map: State district: __________________________________________
(c) Zoning Map: Shoreline/Wetland encroachments on site?
Yes______ No ______ If yes, describe type and extent:
(d) Lease Map: Conflict with existing lease?
Yes ______ No ______
(e) Forestry Map: Conflict with forestry project?
Yes ______ No ______
(7) If answer to 6(c) is yes, inform applicant. Does applicant wish to proceed or to go to second
choice ?
(8) If answer to 6(b) is not residential or if answer to 6(d) or 6(e) is yes, inform applicant,
recommend second choice. Applicant informed: Date________________
(9) Flood plain map: Within flood plain? _________________________
If yes, inform applicant. Date ________________________
Does applicant wish to proceed or go to second choice.?
Proceed _________________ Second Choice _________________________
If proceed, applicant(s) must sign the following statement:
I (we) ___________________________________, have been informed by the Bad River Lease
Administrator that the residential lease site I (we) am (are) seeking is within a flood plain and
understand that the site will be ineligible for assistance from the Indian Health Service or the Tribe for
in installing or maintaining any sewer or water facilities.
________________________________ ____________________________
Applicant Date
________________________________ ____________________________
Applicant Date
(10) Perc Test: Outside flood plain: Referred to IHS date __________________
Within flood plain: Applicant informed of information required.
Date ___________
(11) Results:
(12) Type(s) of private sewer disposal systems permitted on site:
(13) (a) Denial. The lease site described in line 5 of this application is denied certification
for the following reasons:
________________________________ ____________________________
Lease Administrator Date
Applicant informed:
Action taken: Second Choice_______________ Appeal___________________
Other__________________________
(b) Certification. I, ___________________________, the Bad River Lease
Administrator, certify that the lease site described in line 5 of this application meets all
the standards for issuing a residential lease as prescribed by Chapter 403, Bad
River Ordinances.
_______________________________ _______________________________
Lease Administrator Date
(14) Referred to BIA for lease preparation: Date ___________________
(15) Referred to Tribal Council for approval: Date _____________________
(16) Tribal Council action: Approve_______________ Disapprove______________
Date _______________________
(17) Applicant informed of Tribal Council action:
Date_____________________
(18) Papers forwarded to BIA for execution and recording. Date__________________
(19) Lease executed.
Date_______________________
Attach copy of executed lease.
(20) Official Lease Map modified.
Date________________________
SUPPLEMENTARY FORM FOR ALTERNATIVE SITE APPLICATION
(1) Name of applicant(s):_______________________________________________
(2) Address:______________________________________ Ph. # _______________
(3) Date of Application: ________________________________
(4) Second Third Choice (cross out one).
(5) Complete legal description of proposed site:
(6) I (we) hereby make application for the above lease site(s) to be used for residential
purposes.
________________________________ ______________________________
Signature Date
________________________________ ______________________________
Signature Date
________________________________________________________________________
FOR OFFICE USE
(7) Legal description complete? Yes _______ No ______
BIA contacted for description: Date ____________________
Complete description:
(8) (a) Zoning Map: Tribal property? Yes ______ No _______
If no, inform applicant. Recommend next choice.
(b) Zoning Map: State district:_____________________________________
(c) Zoning Map: Shoreline/Wetland encroachments on site?
Yes______ No______ If yes, describe type and extent:
(d) Lease Map: Conflict with existing lease? Yes______ No______
(e) Forestry Map: Conflict with forestry project? Yes______ No______
(9) If answer to 6(c) is yes, inform applicant. Does applicant wish to proceed or to go to
next choice?
Proceed ______ Next choice
(10) If answer to 6(b) is not residential or if answer to 6(d) or 6(e) is yes, inform
applicant, recommend next choice.
Applicant informed: Date__________________
(11) Flood plain map: Within flood plain? _________________________________
If, yes, inform applicant. Date: ______________________
Does applicant wish to proceed or go to next choice?
Proceed______ Next choice
If proceed, applicant(s) must sign the following statement:
I (we) _________________________________________, have been informed by the Bad River Lease
Administrator that the residential lease site I (we) am (are) seeking is within a flood plain and
understand that the site will ineligible for assistance from the Indian Health Service or the Tribe in
installing or maintaining any sewer or water facilities.
_____________________________ _____________________________
Applicant Date
_____________________________ ______________________________Applicant
Date
(12) Perc Test: Outside flood plain: Referred to IHS. Date___________________
Within flood plain: Applicant informed of information required.
Date_______________
(13) Results:
(14) Type(s) of private sewer disposal systems permitted on site:
(15) (a) Denial. The lease site described in line 7 of this application is denied certification
for the following reasons:
___________________________ ____________________
Lease Administrator Date
Applicant informed_______________________________
Action taken: Next choice__________________________ Appeal_______________
Other________________________________
(b) Certification. I, _____________________________ the Bad River Lease
Administrator, certify that the lease site described in line 7 of this application meets all the
standards for issuing a residential lease as prescribed by Chapter 403, Bad River Ordinance.
______________________________ ________________________
Lease Administrator Date
(16) Referred to BIA for lease preparation:
Date________________________
(17) Referred to Tribal Council for approval
Date_________________________
(18) Tribal Council action: Approve________ Disapprove________
Date_________________________
(19) Applicant informed of Tribal Council action
Date_________________
(20) Papers forwarded to BIA for execution and recording.
Date__________________
(21) Lease executed
Date____________________
Attach copy of executed lease.
(22) Official Lease Map modified
Date_________________
INTERIM LAND USE CONTROLS
INTERIM LAND USE ENACTED BY RESOLUTION NO. 3-4-81-166
ENACTED BY RESOLUTION NO. 3-4-81-166/AMENDED BY RESOLUTION NO. 9-2-81-14
SECTION 1. - STATEMENT OF POLICY
The Bad River Tribal Council recognizes that the land within its jurisdiction represents a unique
confluence of cultural, historical, and environmental resources. Home to the ancestors of the Bad
River Band for over three centuries, the land is an irreplaceable habitat for the wealth of fish,
waterfowl, and mammal life from which the Chippewa Indians have traditionally derived their
sustenance. Where the rivers widen, wild rice stands stretch out to the high ground and down to the
Lake, and contribute to a delicate ecosystem about with life. Upstream, the Bad River Falls are the site
of pictographs created by the ancestors of those Indians who still fish the Falls today. Throughout the
territory traditional burial grounds are scattered, spiritual wellsprings of the Bad River Band and visible
reminders of the Band's ancient attachment to the area now known as the Bad River Reservation.
Reminders of man's more recent and continuing impact on the land are also visible. Wrought by
tribal members and non-members alike, sometimes beneficial to the Bad River Band and sometimes
not, sometimes in harmony with the land and sometimes not, these artifacts are lasting mementos of
man's presence. Timber sites, roads, utility rights-of-way, government buildings, stores, houses,
taverns, motels, hunting shacks, quarries, dumps, mills - all have left a mark of more or less
permanence whether appropriately placed and productively used or not.
The Bad River Tribal Council, aware of its responsibility to guard for future generations the
enjoyment of the resources that so many past generations of Chippewa Indians have enjoyed, is equally
aware of increasing pressures on those resources. The demand for wooded and shoreline land is rapidly
growing, as greater numbers of the general population seek sites for homes, vacation sites, and
commercial development. Meanwhile the Bad River Band seeks an improved economic base to
establish the financial security of itself and its members.
In limited areas the Band currently has the capability of controlling development. Tribal
members have requested leases of tribal land in delicate areas to establish home sites for their families.
The Council has denied these leases and by doing so has preserved these lands, to the immediate
detriment of some tribal members.
The Council cannot, however, control the development of the reservation solely in its capacity
as lessor. Regrettably, through the unwise actions of the United States government in previous years,
much of the Reservation lands are no longer in tribal hands. Either as restricted allotments or as
fee-title land, this property is beyond the proprietary control of the Band. Only through the exercise of
the Band's regulatory authority can the majority of Reservation lands be subject to controlled, planned
development, to the mutual reciprocal benefit of all.
The development of a land use plan, encompassing the 125,000 acres that constitute the Bad
River Reservation, cannot spring full-blown overnight. On the other hand, developmental pressures
will not cease while the Council deliberates. In order therefore to forestall any action which may limit
the Band's regulatory prerogatives, in order to notify those with an interest in any Reservation lands that
a comprehensive land use plan is under consideration, in order to establish a process for the creation of
such a plan, and in order to establish interim controls pending the approval of such a plan, this
ordinance is adopted.
SECTION 2 - DEFINITIONS
SECTION 2.1
"Activity" means any unskilled, semi-skilled, technical or professional labor performed by any
person, including the employees of a corporation, during any eight-hour period.
SECTION 2.2
"Commission" means the Interim Land Use Commission consisting of the Tribal Planner and
two other members of the Bad River Band appointed by the Tribal Chairman.
SECTION 2.3
"Committee" means the Land Use Committee.
SECTION 2.4
"Council" means the Tribal Council of the Bad River Band of Lake Superior Chippewa Indians.
SECTION 2.5
"Land Use Change" means any topographical or use change leading to commercial or industrial
development, including the commercial logging of lands not held primarily for that purpose on March
4, 1981, and including the construction of any housing built for the occupancy of one other than the
owner at the time of construction. If housing is rented or sold within one year of completion of
construction it will be presumed to have been built for the occupancy of one other than the owner at the
time of construction.
SECTION 2.6
"Reservation" means all lands within the boundaries of the Bad River Indian Reservation.
SECTION 3 - CHANGES PROHIBITED
SECTION 3.1
Except as otherwise provided, no person shall engage in any activity causing a land use change
within the boundaries of the reservation.
SECTION 3.2
(1) Upon written application to the commission, a permit for land use change may be
granted.
(a) The Commission shall establish a form for applications and procedures by which
applications shall be considered.
(b) The Commission may impose reasonable conditions on the granting of a permit.
(c) The Commission may suspend any permit for failure to comply with its conditions and
may revoke any permit for cause shown.
(2) Final decisions of the Commission may be appealed within ten days to the Council. The
Council shall hear all such appeals in regular session. The Council's decision in all appeals shall be
final.
SECTION 3.3
Any person who breaches Section 3.1 shall be assessed a forfeiture of not more than $500.00 for
each breach.
SECTION 3.4
Any articles of whatever description located within the jurisdiction of the Tribal Court, used in
the commission of a breach of Section 3.1 may be seized and ordered forfeited.
SECTION 3.5
Citations for violations of Section 3.1 may be issued by the tribal conservation office, the tribal
prosecutor, or the tribal attorney.
SECTION 4 - LAND USE COMMITTEE ESTABLISHED
SECTION 4.1
A land use committee is hereby established for the purpose of preparing and presenting to the
Council a permanent land use plan.
SECTION 4.2
The committee shall consist of the Tribal Planner, Tribal Attorney, and one Tribal member at
large.
SECTION 4.3
The committee shall report to the Council according to the following timetable:
(a) At the April Council meeting the committee shall present a proposed base map, showing
topographical, use, and ownership patterns.
(b) At the June Council meeting the committee shall present the revised base map and
proposed zoning map and ordinance.
(c) At the July Council meeting the committee shall present the revised zoning map and
ordinance.
SECTION 4.4
The committee shall invite public participation at all stages of the zoning procedure.
SECTION 5 - SUNSET CLAUSE
Unless extended by Council action, the provisions of Section 3 shall expire one year from date
of passage of the ordinance, except that such provisions shall apply to any housing constructed during
the effective period of this ordinance for one year following the completion of any such housing.
SECTION 6
All prior inconsistent ordinances or parts thereof are hereby repealed.
SECTION 7
This ordinance shall become effective upon posting at the Bad River Community Center and
publication of notice of passage in the Ashland Daily Press.
SECTION 8 - SEVERABILITY
If any provision of this ordinance on its face or as applied is held invalid by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected.
Chapter 450 of the Bad River Tribal Code
Leasehold Mortgage Regulations
Adopted pursuant to Resolution #10-25-01-181
Introduction
The purpose of this ordinance is to make available to the Bad River Band of Lake Superior Tribe of
Chippewa Indians and its members opportunities for purchasing or constructing family residences on
trust land within the Bad River Reservation. This ordinance accomplishes that purpose by setting up
procedures for the orderly recording, lien prioritization, foreclosure and eviction with respect to
leasehold mortgages given to secure loans.
A. Lien Priority
All mortgage loans recorded in accordance with the recording procedures set forth in this Code,
including Leasehold Mortgages, and including loans made, guaranteed, insured or held by a
governmental agency, shall have priority over any lien not perfected at the time of such
recording and any subsequent lien or claim excepting a lien or claim arising from a tribal
leasehold tax assessed after the recording of the mortgage. (In those cases where the
government direct, guaranteed or insured mortgage is created as a second mortgage, the loan
shall assume that position.)
B. Recording of Mortgage Loan Documents
(1) The Tribal Recording Clerk shall maintain in the Tribal Real Estate program a system for
the recording of mortgage loans and such other documents as the Tribe may designate by
laws or resolution.
(2) The Tribal Recording Clerk shall endorse upon any mortgage loan or other document
received for recording:
(a) The date and time of receipt of the mortgage or other document;
(b) The filing number, to be assigned by the Tribal Recording Clerk, which shall be a
unique number for each mortgage or other document received, and;
(c) The name of the Tribal Recording Clerk or designee receiving the mortgage or
document.
Upon completion of the above-cited endorsements, the Tribal Recording Clerk shall make a true and
correct copy of the mortgage or other document and shall certify the copy as follows:
Bad River Band of Lake Superior Tribe of Chippewa Indians )
) ss.
Bad River Reservation, Wisconsin )
I certify that this is a true and correct copy of a document received for recording this
date.
Given under my hand and seal this ____ day of _______________.
______________________________
(Signature)
______________________________
(Date)
The Tribal Recording Clerk shall maintain the copy in the records of the recording system and
shall return the original of the mortgage loan or other document to the person or entity that
presented the same for recording.
(1) The Tribal Recording Clerk shall also maintain a log of each mortgage loan or other
document in which there shall be entered:
(a) The name(s) of the Borrower/Mortgagor of each mortgage loan, identified as such;
(b) The name (s) of the Lender/Mortgagee of each mortgage loan, identified as such;
(c) The name(s) of the grantor(s), grantee(s) or other designation of each party named in
any other documents filed or recorded;
(d) The date and time of receipt;
(e) The filing number assigned by the Tribal Recording Clerk; and
(f) The name of the Tribal Recording Clerk or designee receiving the mortgage or
document.
(1) The certified copies of the mortgage loan and other documents and the log maintained by
the Tribal Recording Clerk shall be made available for public inspection and copying.
Rules for copying shall be established and disseminated by the Tribal Recording Clerk.
(2) All mortgages will be recorded with the BIA in addition to any Tribal recording provisions.
C. Foreclosure Procedures
(1) A Borrower/Mortgagor shall be considered to be in default when he or she is thirty (30)
days past due on his or her mortgage payment(s) or is in violation of any covenant under the
mortgage for more than 30 days to the Lender/Mortgagee (i.e. the 31st day from the payment
due date).
(2) When a Borrower/Mortgagor is thirty days past due on his or her mortgage and before and
foreclosure action or activity is initiated, the Lender Mortgagee shall complete the
following:
(a) Make a reasonable effort to arrange a face-to-face interview with the
Borrower/Mortgagor. This shall include at least one trip to meet with the
Borrower/Mortgagor at the mortgaged property.
(b) Lender/Mortgagee shall document that it has made at least one phone call to the
Borrower/Mortgagor (or the nearest phone as designated by the
Borrower/Mortgagor, able to receive and relay message to the Borrower/Mortgagor)
for the purpose of trying to arrange a face-to-face interview.
(3) Lender/Mortgagee may appoint an agent to perform the services of arranging and
conducting the face-to-face interview specified in this action.
(4) When the Borrower/Mortgagor is past due on three installment payments and at least ten
(10) days before initiating a foreclosure action in Tribal Court, the Lender shall advise the
Borrower/Mortgagor in writing by mail or by posting prominently on the unit, with a copy
provided to the Tribe, as follows:
(a) Advise the Borrower/Mortgagor that information regarding the loan ad
default/delinquency will be given to credit bureaus.
(b) Advise the Borrower/Mortgagor of homeownership counseling
opportunities/programs available through the Lender or otherwise.
(c) Advise the Borrower/Mortgagor of other available assistance regarding the
mortgage/default.
(d) In addition to the preceding notification requirements, the Lender/Mortgagee shall
complete the following additional notice requirements: (i) notify the
Borrower/Mortgagor that if the Leasehold Mortgage remains past due on three
installment payments, the Lender/Mortgagee may ask the applicable governmental
agency to accept assignment of the Leasehold Mortgage if this is an option of the
governmental program; (ii) notify the Borrower/Mortgagor of the qualifications for
forbearance relief from the Lender/Mortgagee, if any, and that forbearance relief may
be available from the government; and (iii) provide the Borrower/Mortgagor with
names and addresses of government officials to whom further communications may
be addressed, if any.
(5) If a Borrower/Mortgagor is past due on three or more installment payments and the
Lender/Mortgagee has complied with the procedures set forth in the first part of this
Section, the Lender/Mortgagee may commence a foreclosure proceeding in the Tribal Court
by filing a verified complaint as set forth in Section D of this Code.
D. Foreclosure Complaint and Summons
(1) The verified complaint in a mortgage foreclosure proceeding shall contain the following:
(a) The name of the Borrower/Mortgagor and each person or entity claiming through the
Borrower/Mortgagor subsequent to the recording of the mortgage loan, including
each Subordinate Lienholder (except the Tribe with respect to a claim for a tribal
leasehold), as a defendant;
(b) A description of the property subject to the mortgage loan;
(c) A concise statement of the facts concerning the execution of the mortgage loan and
in the case of a Leasehold Mortgage the lease; the facts concerning the recording of
the mortgage loan or the Leasehold Mortgage; the facts concerning the alleged
default(s) of the Borrower/Mortgagor; and such other facts as may be necessary to
constitute a cause of action;
(d) True and correct copies of each promissory note, mortgage, deed of trust or other
recorded real property security interest (each a “security instrument”) and any other
documents relating to the property and if a Leasehold Mortgage, a copy of the lease
and any assignment of any of these documents; and
(e) Any applicable allegations concerning relevant requirements and conditions
prescribed in: (i) federal statutes and regulations; (ii) tribal codes, ordinances and
regulations; and/or (iii) provisions of the promissory note, security instrument and if
a Leasehold Mortgage, the lease.
(2) The complaint shall be verified by the Tribal Court Clerk along with a Summons specifying
a date and time for appearance for the Defendant(s).
E. Service of Process and Procedures.
Any foreclosure complaint must be in writing, and must be delivered to the Borrower/Mortgagor in
the following manner:
(1) Delivery must be made by an adult person and is effective when it is:
(a) Personally delivered to a Borrower/Mortgagor with a copy sent by mail, or
(b) Personally delivered to an adult living in the property with a copy sent by mail, or
(c) Personally delivered to an adult agent or employee of the Borrower/Mortgagor with a
copy sent by mail.
(2) If the notice cannot be given by means of personal delivery, or the Borrower/Mortgagor
cannot be found, the notice may be delivered by means of:
(a) Certified mail, return receipt requested, at the last known address of the
Borrower/Mortgagor, or
(b) Securely taping a copy of the notice to the main entry door of the property in such a
manner that it is not likely to blow away, and by posting a copy of the notice in some
public place near the premises, including a tribal office, public store, or other
commonly-freqented place and by sending a copy first class mail, postage prepaid,
addressed to the Borrower/Mortgagor at the premises.
(3) The person giving notice must keep a copy of the notice and proof of service in accordance
with this section, by affidavit or other manner recognized by law.
F. Cure of Default
Prior to the entry of a judgment of foreclosure, and Borrower/Mortgagor or an Subordinate
Lienholder may cure the default(s) under the Mortgage by making a full payment of the
delinquency to the Lender/Mortgagee and all reasonable legal and court costs incurred in
foreclosing on the property. Any subordinate Lienholder who has cured a default shall
thereafter have included in its lien the amount of all payments made by such Subordinate
Lienholder to cure the defaults(s), plus interest on such amounts at the rate stated in the note for
the mortgage. There shall be no right of redemption in any Leasehold Mortgage Foreclosure proceeding.
G. Judgment and Remedy
This matter shall be heard and decided by the Tribal Court in a prompt and reasonable time period
not to exceed sixty (60) days from the date of service of the complaint on the
Borrower/Mortgagor. If the alleged default has not been cured at the time of trial and the Tribal
Court finds for the Lender/Mortgagee, the Tribal Court shall enter judgment:
(1) Foreclosing the interest of the Borrower/Mortgagor and each other defendant,
including Subordinate Lienholder, in the mortgaged property and
(2) Granting title to the property to the Lender/Mortgagee or the Lender’s Designated
Assignee; in the case of a Leasehold Mortgage, the Lease and the Leasehold Estate
will be assigned to the Lender/Mortgagee or the Lender’s Designated Assignee,
subject to the following provisions:
(a) The lender shall give the Tribe the right of first refusal on any acceptable
offer to purchase the Lease and the Lessee’s leasehold interest in the property
described in the lease which is subsequently obtained by the Lender or
Lender’s Designated Assignee.
(b) The Lender or Lender’s Designated Assignee may only transfer, sell or
assign the Lease and Lessee’s leasehold interest in the property described in
the Lease to a Tribal member, the Tribe, or the Tribal Housing Authority;
(c) The mortgagee has the right to convey the leasehold interest to the Secretary
of HUD without providing the right of first refusal to the Tribe for Section
248.
H. Foreclosure Evictions
Foreclosure evictions shall be handled according to the general eviction process set forth below.
(1) Jurisdiction. The provisions of this section H. shall apply to all persons and property
subject to the governing authority of the Tribe as established by the Tribal Constitution, Tribal
code, or applicable federal law.
(2) Unlawful Detainer. A Lessee, Sublessee, or other occupant of a Leasehold Estate subject to
a Leasehold Mortgage shall be guilty of unlawful detainer if such person shall continue in
occupancy of Leasehold Estate without the requirement of any notice by the Lessor, after such
person’s Leasehold Estate has been foreclosed in a Leasehold Mortgage foreclosure proceeding
in the Tribal Court;
(3) Complaint and Summons. The lender or Federal Agency (which made, guaranteed or
insured the mortgage loan) as appropriate, shall commence an action for unlawful detainer by
filing with the Tribal Court, in writing, the following documents:
(a) A complaint, signed by the lender or Federal Agency, or an agent or attorney on their
behalf:
(i) Citing facts alleging jurisdiction of the Tribal Court;
(ii) Naming as defendants the mortgagors and any other record owner
(including Sublessees and subordinate lienholders), of which the
complainant has record notice (except the Tribe with respect to a claim
for a Tribal tax on the Leasehold Estate subject to the Leasehold
Mortgage);
(iii) Describing the Leasehold Estate subject to the Leasehold Mortgage;
(iv) Stating the facts concerning (1) the execution of the lease and the
Leasehold Mortgage; (2) the recording of the Leasehold Mortgage; and
(3) the facts upon which he or she seeks to recover;
(v) Stating any claim for damages or compensation due form the persons to
be evicted; and
(vi) Otherwise satisfying the requirements of the Tribal Court.
(a) A copy of the summons, issued in accordance with established Tribal Court rules
and procedures, requiring the defendants to file a response to the complaint by the
date specified in the summons. The deadline specified in the summons for filing a
response shall be no less than 6 nor more than 30 days from the date of service of the
summons and complaint. The summons shall notify the defendants that judgment
will be taken against them in accordance with the terms of the complaint unless they
file a response with the court by the date specified in the summons.
(4) Service of Summons and Complaint. A copy of the summons and complaint shall be
served upon the defendants in the manner provided by the Tribal court rules for service of
process in civil matters. In the absence of such Tribal Court rules, the summons and complaint
shall be served by one of the following two methods.
(5) Procedures for Service of Notice. Notices required or authorized in the immediately
preceding section shall be given in writing either by:
(a) delivering a copy personally to the Borrower/Mortgagor or to any other occupant
under color of law, or to any adult residing on the leasehold Estate and, if applicable,
to any Sublessee; or
(b) posting said notice in a conspicuous place near the entrance to said Leasehold Estate,
and sending an additional copy to the Lessee or to any other occupant under color of
law, and, if applicable, to the Sublessee, by certified mail, return receipt requested,
property addressed, postage paid.
Proof of service may be made by affidavit of any adult person stating that he has complied with
the requirements of one of the above methods of service.
(6) Powers of the Tribal Court. The Tribal Court shall enter of Order of Repossession if:
(1) Notice of suit is given by service of summons and complaint in accordance with the
procedures provided herein; and
(2) The Tribal court shall find during pre-trial proceedings or at trial that the lessee,
Sublessee, or other occupant under color of law of the Leasehold Estate subject to
the Leasehold Mortgage is guilty of an act of unlawful detainer.
Upon issuance of an Order of Repossession, the Tribal Court shall have the authority to enter a
judgment against the defendants for the following, as appropriate: (1) back rent, unpaid
utilities, and any charges due the Tribe, Tribal Housing Authority, other public Housing
Authority, or Sublessor under any sublease or other written agreement (except for a Leasehold
Mortgage); (2) any and all amounts secured by the Leasehold Mortgage that are due the lender
(or Federal Agency); and (3) damages to the property caused by the defendants, other than
ordinary wear and tear. The Tribal Court shall have the authority to award to the prevailing
party its costs and reasonable attorney’s fees in bringing suit.
(7) Enforcement. Upon issuance of an Order of Repossession by the Tribal Court, Tribal law
enforcement officers shall help plaintiffs enforce same by evicting the defendants and their
property from the unlawfully occupied Leasehold Estate. In all cases involving the lender or
Fed Agency, the Order of Repossession shall be enforced no later than 45 days after a pre-trial
proceeding or trial in which the Tribal Court finds against defendants, subject to Paragraph H7
below, and provided, that no party exercised the right to cure a default or right of first refusal as
described in Paragraphs F and G above.
(8) Continuances in Cases Involving the Lender or Federal Agency (which originally made,
insured or guaranteed the mortgage loan). Except by agreement of all parties, there shall be no
continuances in cases involving the lender or Federal Agency that will interfere with the
requirement that the Order of Repossession be enforced not later than 45 days after a pre-trial
proceeding or trial in which the Tribal Court finds against defendants, subject to the sound
discretion of the Court.
I. No Merger of Estates
There shall be no merger of estates by reason of the execution of a Lease or a Leasehold Mortgage
or the assignment or assumption of the same, including an assignment adjudged by the Tribal
Court, or by operation of law, except as such merger may arise upon satisfaction of the
Leasehold Mortgage.
J. Certified Mailing to Tribe
In any foreclosure proceedings on a Leasehold Mortgage where the Tribe is not named as a
defendant, a copy of the summons and complaint shall be mailed to the Tribe by certified mail,
return receipt requested, within five (5) days after the issuance of the summons. If the lessor is
not the tribe, this notice will also be mailed to the lessor at the same time the notice is mailed to
the tribe. If the location of the lessor cannot be ascertained after reasonable inquiry, a copy of
the summons and complaint shall be mailed to the lessor in care of the Superintendent of the
applicable agency of the Bureau of Indian Affairs.
K. Intervention
The Tribe or any Lessor may petition the Tribal Court to intervene in any Lease or Leasehold
Mortgage foreclosure proceeding under this Code. Neither the filing of a petition for
intervention by the Tribe, nor the granting of such petition by the Tribal Court shall operate as a
waiver of the sovereign immunity of the Tribe, except as may be expressly authorized by the
Tribe.
L. Appeals
Appeals under this code shall be handled in accordance with the general tribal appellate provisions.
CHAPTER 500 - GAMING CONTROL
CHAPTER 550 ENACTED BINGO AND RAFFLE ORDINANCE ENACTED BY RESOLUTION #6-4-86-34/AMENDED #4-1-87-39/
AMENDED TO INCLUDE CHARITABLE BINGO SECTION 502.5 et seq BY RESOLUTION 5-13-99-277
SECTION 500.1 - FINDINGS
The Tribal Council finds that gaming revenues are essential to the provision of tribal
governmental services, that direct tribal control through the central tribal administration is
essential to the rational utilization of tribal funds generated by tribally-operated gaming, that
tribal gaming revenues must be fully integrated into the tribe's annual financial planning; and
that tribal governmental spending priorities must take precedence over individual or
organizational funding requests in the utilization of gaming receipts.
SECTION 500.2 - INTRODUCTION
SECTION 500.21 - TITLE
This ordinance shall be known as the Gaming Control Ordinance.
SECTION 500.22 - AUTHORITY
This ordinance is enacted pursuant to Article VI, Section 1(g) and (j) of the Constitution and
Bylaws of the Bad River Band of the Lake Superior Tribe of Chippewa Indians. All violations
of this ordinance shall be prosecuted in Tribal Court.
SECTION 500.23 - PURPOSE
The purpose of this ordinance is to regulate the conduct of Class II, Class III and Charitable
Bingo conducted on the Bad River Indian Reservation.
SECTION 500.24 - EFFECTIVE DATE
This ordinance shall be effective on the date of enactment by the Bad River Tribal Council.
SECTION 500.25 - ABROGATION AND GREATER RESTRICTIONS
Where this ordinance imposes greater restrictions than those contained in other tribal
ordinances, the provision of this ordinance shall govern.
SECTION 500.26 - INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the Tribe and shall not be
deemed a limitation or repeal of any other Tribal power or authority.
SECTION 500.27 - SEVERABILITY AND NON-LIABILITY
If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.
The Tribe asserts there is no liability on the part of the Bad River Band of the Lake Superior
Tribe of Chippewa Indians, its agents or employees for damages that may occur as a result of
reliance upon, and conformance with this Ordinance.
SECTION 500.3 - GENERAL DEFINITIONS
(a) For the purposes of this chapter, the following definitions shall be used. Words in the
present tense include the future; the singular includes the plural; and the plural includes the
singular. The word "shall" is mandatory and the word "may" is permissive.
(b) "Bingo" means a game of chance in which players pay a consideration in order to
participate, in which 75 numbered objects are available for selection, and those objects actually
selected are selected on a random basis, and in which each player participates by means of cards
sold, rented or used only at the time and place of the game, each card containing 5 rows of 5
spaces each, each space printed with a number from 1 to 75 except the central space, which is
marked "FREE". Winners are determined and prizes awarded on the basis of possessing a bingo
card on which some combination of numbers are printed and conform to the number objects
selected at random based on a predetermined winning arrangement. "BINGO" as used in this
chapter shall not mean any game using free cards and donated prizes, if any, for which no
payment of consideration is made by players.
(c) "Bingo Manager" means a person hired by the Tribe to conduct, organize and supervise
all bingo and raffle occasions.
(d) "Bingo Occasion" means a single gathering or session at which a series of successive
bingo games are played.
(e) "Bingo Supplies and Equipment" means all cards, boards, sheets, markers, pads or other
supplies, devices or other equipment designed for used in the conduct or play of bingo.
(f) "Caller" means an individual who by means of a mechanical device randomly selects
numbers and announces them to players.
(g) "Checker" means an individual who verifies a player's claim to have won a game.
(h) “Charitable Bingo” shall mean a Tribally sanctioned bingo operation conducted no more
than 52 times per year and not exceeding $50,000.00 in total profit.
(i) "Class II Gaming" means class II gaming as defined by 25 U.S.C. §2703(7), including by
not limited to bingo, raffles, and pull-tabs.
(j) "Class III Gaming" means class III gaming as defined by U.S.C. §2703(8).
(k) "Council" means the governing body of the Bad River Band of the Lake Superior Tribe
of Chippewa Indians.
(i) "Inventory Checker" means a designated person from the accounting office who shall be
responsible for a monthly inventory check of the bingo supplies/materials.
(m) "Raffle" means a game of chance in which tickets are sold and a drawing for prizes is
held, or in which the ticket is drawn by the purchaser and a determination of prize made based
upon the ticket drawn.
(n) "Reservation" means all lands within the exterior boundaries of the Bad River
Reservation.
(o) "Tribe" means the Bad River Band of the Lake Superior Chippewa Indians.
SECTION 501 - BINGO MANAGER
SECTION 501.1
(a) There is hereby established the position of Charitable Bingo Manager.
(b) The Charitable Bingo Manager shall be appointed by the Tribal Council. The Charitable
Bingo Manager shall be subject to the Bad River Gaming Operations Policies and Procedures
and shall be supervised by the Gaming General Manager.
(c) No person may commence work as Tribal Bingo Manager until such person has been
licensed by the Tribe as a gaming manager. Prior to licensing, the person's background shall be
investigated, including his or her prior activities, criminal record, if any, reputation, habits, and
associations; and a finding shall be made that hiring the individual will not pose a threat to the
public interest or to the effective regulation of gaming, or create or enhance the dangers of
unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gaming. Any
applicant under consideration for hiring as Charitable Bingo Manager may be required to
execute such releases as are necessary or convenient to obtain the information required under
this paragraph. The tribe's personnel manager shall be responsible for the thorough and efficient
conduct of the investigation and may contract with such agencies or incur such expenses as are
necessary or convenient to such end. The personnel manager's findings and conclusions shall be
made available to the tribal council and to the National Indian Gaming Commission prior to the
issuance of any license. The Bingo Manager shall not commence work until there is on file with
the tribal personnel office evidence of a surety bond for the benefit of the Tribe in the amount of
$25,000.00 to indemnify the Tribe for losses incurred by a breach of fiduciary or other duties
arising hereunder. The Tribe shall secure the bond for the Bingo Manager.
SECTION 502 - GENERAL OPERATING PROVISIONS
SECTION 502.1
(a) Only the Bingo Manager or a person authorized by the Charitable Bingo Manager shall
conduct bingo or act as a caller in the conduct of bingo.
(b) Bingo shall be conducted only on behalf of the tribal government and only on tribal
premises.
(c) Purchase of a bingo card shall entitle each purchaser to a place on the Tribal premises
where bingo is conducted with sufficient room in which to work the bingo card.
(d) The Charitable Bingo Manager may, in his or her discretion, limit the number of persons
allowed to purchase bingo cards at any one bingo occasion if there is not sufficient space or
supplies.
(e) The Charitable Bingo Manager shall hold not less than 106 bingo occasions within any
calendar year. The Charitable Bingo Manager may hold such further bingo occasions as the
Council shall designate.
(f) The Charitable Bingo Manager shall accept only a cash payment for any bingo card.
(g) The Charitable Bingo Manager shall purchase such supplies and equipment as are
necessary for the operation of bingo and consistent with the budget approved by the Tribal
Council. All equipment and supplies used in the conduct of bingo shall be owned by the Tribe.
The bingo equipment shall be maintained in good repair and sound condition.
(h) Only the Charitable Bingo Manager and persons acting under his or her supervision may
participate in the management or operations of any bingo occasion. No other person, firm,
corporation, consultant, or similar entity shall participate in the management of any bingo occasion.
Nothing herein shall prevent the Charitable Bingo Manager from entering into a contract for the
televising of bingo occasions, however.
(i) No person under the age of 16 shall purchase or play a bingo card for any bingo game
conducted pursuant to this ordinance unless accompanied on tribal premises by such person's
parent or guardian. No person under the age of 12 shall be allowed in the Tribal premises in
which bingo is conducted during a bingo occasion.
(j) No alcoholic beverages or illegal drugs shall be allowed on Tribal premises where bingo
is conducted during a bingo occasion. Any person found possessing or using alcoholic
beverages or illegal drugs during bingo occasions shall be removed from the premises and
barred from further bingo occasions.
(k) Bingo occasions shall be advertised by whatever lawful methods the Charitable Bingo
Manager deems suitable and appropriate to attract a maximum number of players, consistent
with the budget approved by the Tribal Council.
(l) The Charitable Bingo Manager shall authorize the operation of concessions for the sale
of food or refreshments by Tribal organizations under such terms and conditions as he or she
deems appropriate. No person or organization may sell any other merchandise on the premises
where bingo is being conducted during a bingo occasion unless authorized by the Tribal
Council.
(m) Bingo cards shall be sold or rented by the Charitable Bingo Manager in the first instance
only on the premises at which the bingo occasion is being conducted. The Charitable Bingo
Manager shall keep an accurate, separate count of the number of bingo cards which are sold,
rented or used.
(n) No person employed in the operation of a Tribal Bingo occasion shall be permitted to
purchase any bingo card, finance the purchase of any Bingo card, or share in the proceeds of any
winnings for that occasion or participate in any other way as a player during that bingo occasion.
(o) Nothing herein shall prevent the broadcast or televising of Tribal bingo occasions. The
Charitable Bingo Manager is hereby authorized to enter into a contract for the broadcast or
televising of Tribal bingo occasions, provided that any such contract shall be approved by
resolution of the Tribal Council before taking effect.
(p) Every month the Inventory Checker shall be responsible for taking a physical inventory
of the supplies/materials to see if it matches the Bingo Manager's records. Any discrepancies
shall be reported to the Bingo Manager and Tribal Council.
(q) The Bingo Manager may conduct other Class II gaming at the times and places where
Bingo is played or a raffle conducted. Sections 502.1(b), (f), (g), (h), (i), (j), (k), (l), (m), (n),
(o), and (p), and 502.2 shall apply to the conduct of Class II gaming other than Bingo and
raffles.
(r) The Bingo Manager shall assure that ventilation, sanitary, and drinking water supply
systems are all operating properly at all times and places when operation under subparagraphs
(a), (b), or (c) occur.
SECTION 502.2 - PRIZES
(a) The amount and nature of prizes offered shall be determined for each bingo occasion by
the Charitable Bingo Manager, provided that the prizes offered shall be commensurate with the
generally accepted odds in bingo operations.
(b) Either cash prizes or merchandise prizes shall be allowed. If a merchandise prize is
offered, its stated value shall be the current retail price. No merchandise prize shall be
redeemable or convertible into cash, either directly or indirectly, by the Tribe.
(c) Prizes of alcoholic or fermented malt beverages, securities, or interests in real property
are prohibited.
SECTION 502.5 - CHARITABLE BINGO
CHAPTER 500 GAMING CONTROL ORDINANCE ENACTED BY RESOLUTION #6-4-86-34/AMENDED #4-1-87-39 AMENDED TO
INCLUDE CHARITABLE BINGO SECTION 502.5 et seq BY RESOLUTION 5-13-99-277
(a) The Tribal Gaming Commission may establish one continuously operating charitable
bingo organization under this chapter. A continuously operating charitable bingo operation
allowed
under this section may not exceed 52 bingo events in any calender year and shall not exceed
$50,000.00 in proceeds from the bingo operation in any calender year.
(b) Upon application of a recognized charitable group, the Gaming Commission may allow
a recognized charitable group to conduct a one time charitable bingo event. The Gaming
Commission may allow any recognized charitable group more than one charitable bingo event in
any calender year. Any charitable group allowed under this section a charitable bingo event
shall not exceed $50,000.00 in proceeds per event nor shall such organization exceed
$50,000.00 in proceeds cumulative in any one calender year.
SECTION 502.6 - POWERS AND DUTIES OF CHARITABLE BINGO MANAGER
The Charitable Bingo Manager shall have the following powers and duties:
(a) To conduct bingo operations in conformity with this ordinance;
(b) To conduct raffles in conformity with this ordinance;
(c) To receive and deposit monies generated from operations described in subparagraphs
(a), (b) and (c) with the Tribe's Treasurer, or authorized banking institutions;
(d) To report to the Tribal Council, on forms approved by the Tribal Council, on a monthly
basis, unless required to do so more frequently by the Council.
(e) To supervise all personnel necessary to conduct operations under subparagraphs (a) and
(b).
(f) The Tribal Council shall approve the appointment of any and all volunteers of Charitable
Bingo Operations and the Chairman shall retain the duties of terminating any volunteers for
good cause.
(g) To develop and enforce general polices, subject to Tribal Council approval, governing
operations under subparagraphs (a) and (b) which shall be followed by the Charitable Bingo
Manager and the Bingo volunteers.
(h) To insure compliance with established minimum internal control standards controls
systems developed by the Tribe.
(i) To insure the security of Bingo, raffle, and other equipment and supplies in his custody
or control and of Bingo and raffle revenues in his/her custody or control.
SECTION 502.7 - METHOD OF CONDUCT
(a) The Charitable Bingo Manager shall determine the type of game and prize for each game
conducted during a bingo event. The particular arrangement of numbers required on a bingo
card in order to win and the amount of the prize for the game shall be clearly described and
audibly announced to the players immediately before each game.
(b) Each bingo game shall be conducted in such a manner that the results are random and
each person purchasing a card is afforded an equal opportunity to win, and all equipment and
supplies used in the conduct of each game shall be designed and used in such a manner as to
secure such result.
(c) The objects to be drawn shall be as near the same size, shape, weight, balance, and all
other relevant characteristics as is practicable so that at all times during the conduct of bingo
each object possesses the capacity for equal agitation with any other object within the
receptacle.
(d) Seventy-five (75) objects, numbered consecutively "1" through "75" inclusive, shall be
used for the conduct of each game. All 75 objects, and only 75 objects, shall be present in the
receptacle at the beginning of each bingo game.
(e) The number on each object drawn shall be announced in a manner clearly audible to the
persons present during the conduct of the game and shall be visually displayed as well.
(f) Once removed from the receptacle during the conduct of a game, no object shall be
returned to the receptacle until after the conclusion of that game.
(g) The receptacle and the caller shall be visible to the majority of persons present during
the conduct of a game at all times.
SECTION 502.8 - WINNERS
(a) The winner of a bingo game shall be the person in possession of the bingo card with the
numbers on it arranged in the manner announced for that game achieved with the least number
of objects drawn and who audibly calls out "BINGO!"
(b) The bingo winner for each game shall be determined on the same day on which the
bingo occasion is conducted. Each prize shall be awarded within one week of the bingo
occasion for which the prize was offered.
(c) The numbers appearing on the winning card at the time a winner is determined shall be
verified in the immediate presence of at least one disinterested person.
(d) At the time a winner is determined, any person may call for a verification of all numbers
and of the objects remaining in the receptacle not drawn. Such verification shall be made in the
presence of the Charitable Bingo Manager and at least one disinterested person.
(e) When more than one person is found to be the winner of a bingo game, a cash prize shall
be divided equally among the winners. When equal division of a merchandise prize is not
possible, identical substitute prizes whose aggregate retail value is approximately equal to that
of the designated prize shall be awarded.
SECTION 502.9 - INTERNAL CONTROL STANDARDS
The Tribe shall adopt minimum internal control standards which shall apply to all charitable bingo
conducted on the Bad River Reservation.
SECTION 502.10 - LICENSES FOR CHARITABLE BINGO KEY
PERSONNEL
The Charitable Bingo Manager shall ensure that the policies and procedures set out in this section
are implemented with respect to key Charitable Bingo personnel volunteering at any charitable
bingo events:
(a) Definitions
For the purposes of this section, the following definitions apply:
(1) Key Charitable bingo personnel means
(A) A person who performs one or more of the following functions:
(i) Charitable Bingo Manager
(ii) Bingo Caller
(iii) Cashier
(iv) Chief of Security
(v) Card Handler
(vi) Any person who has authority to approve credit
(vii) Any person or contractor who has access to or works on any
gaming equipment on a normal periodic basis.
(B) If not otherwise included, any other person who is eligible for licensure
determination. If for any reason a person does not receive a favorable background investigation
report or eligibility determination by the completion of your 120th day of Volunteering he/she
will not be permitted to volunteer.
(6) Key volunteers shall be notified in writing that they shall either:
(A) Complete a new application that contains the notice required by
subparagraph (5), above; or
(B) Sign a statement that contains the notice required by subparagraph (5), above.
(C) Background Investigations
(1) The Tribe's personnel director shall request from each primary management
official and from each key volunteer all of the following information:
(A) Full name, other names used (oral or written), social security number(s),
birth date, place of birth, citizenship, gender, all languages (spoken or written);
(B) Currently and for the previous two years: business and employment
positions held, ownership interests in those businesses, business and residence addresses, and
drivers license numbers;
(C) The names and current addresses of at least two personal references;
(D) Current business and residence telephone numbers;
(E) A description of any existing and previous business relationships with
Indian tribes, including ownership interests in those businesses;
(F) A description of any existing and previous business relationships with the
gaming industry generally, including ownership interest in those businesses;
(G) The name and address of any licensing or regulatory agency with which
the person has filed an application for a license or permit related to gaming, whether or not such
license or permit was granted;
(H) For each felony for which there is an ongoing prosecution or a conviction,
the charge, the name and address of the court involved, and the date and disposition if any;
(I) For each misdemeanor conviction or ongoing misdemeanor prosecution
(Excluding minor traffic violation), within 10 years of the date of the application, the name and
address or the court involved and the date and disposition;
(J) For each criminal charge (excluding minor traffic charges), whether or
not there is a conviction, if such criminal charge is within 10 years of the date of the application
and is not otherwise listed pursuant to paragraph (1)(h) or (1)(i) of this section the criminal
charge, the name and address of the court involved and the date and disposition;
(K) A current photograph;
(L) Any other information the Tribe deems relevant; and
(M) Name Release consistent with procedures adopted by the Tribe according
to 25 C.F.R. subsection 522.2(h).
(2) The Tribe's personnel director shall conduct an investigation sufficient to make a
determination under subsection (d) below. The investigation may be conducted prior to any
volunteer activity of the person for a key volunteer or primary management official position. In
conducting a background investigation the Tribe or its agent shall promise to keep confidential
the identify of each person interviewed in the course of the investigation.
(d) Eligibility Determination
(1) The Tribe shall review a person's prior activities, criminal record, if any, and
reputation, habits and associations to make a finding concerning the eligibility of a key
volunteer for employment in a gaming operation. If the Tribe determines that the volunteer
poses a threat to the public interest or to the effective regulation of gaming, or creates or
enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the
conduct of gaming, a tribal gaming operation shall not employ that person in a key volunteer
position. This determination may be made prior to any of the person for a key volunteer.
(2) Under no circumstances shall any individual be employed in the Class II gaming
operation who has been convicted of, or entered a plea of guilty or no contest to, any of the
following, unless the person has been pardoned:
(A) A felony, other than a felony conviction for an offense under subdiv. (B),
(C), or (D), during the immediately preceding 10 years.
(B) Any gambling-related offense.
(C) Fraud or misrepresentation in any connection.
(D) A violation of any provision of chapters. 562 or 565, Wis. Stats., a rule
promulgated by the Lottery Board or Wisconsin Racing Board, or a Tribal ordinance regulating
or prohibiting gaming.
(3) The prohibition contained in the preceding paragraph may be waived by the
Tribal Council, by resolution, if the applicant or volunteer demonstrates to the satisfaction of the
Tribal Council evidence of sufficient rehabilitation and present fitness.
(e) Procedures for Forwarding Applications and reports for Key Volunteers and to the
National Indian Gaming Commission
(1) When a key volunteer begins at a gaming operation authorized by this ordinance,
the Tribe's personnel director shall forward to the National Indian Gaming Commission a
completed application for employment and conduct the background investigation and make the
determination referred to in subsection D of this section, unless already completed.
(2) The Tribe's Investigator shall forward the report referred to in subsection (f) of
this section to the National Indian Gaming Commission within 60 days after an volunteer begins
work or within 50 days of the approval of this ordinance by the Chairman of the National Indian
Gaming Commission.
(3) The gaming operation shall not employ as a key volunteer, a person who does
not receive a license within 120 days of hiring.
(f) Report to the National Indian Gaming Commission
(1) Pursuant to the procedures set out in subsection (e) of this section, the Tribe shall
prepare and forward to the National Indian Gaming Commission an investigative report on each
background investigation. An investigative report shall include all of the following:
(A) Steps taken in conducting a background investigation;
(B) Results obtained;
(C) Conclusions reached; and
(D) The bases for those conclusions.
(2) The Tribe's personnel director shall submit, with the report, a copy of the
eligibility determination made under subsection D of this section.
(3) If a license is not issued to an applicant, the Tribe shall:
(A) Notify the National Indian Gaming Commission; and
(B) Forward copies of its eligibility determination and investigation report (if
any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals
Records System.
(4) With respect to key volunteers, the Tribe shall retain applications and reports (if
any) of background investigations for inspection by the Chairman of the National Indian
Gaming Commission or his or her designee for no less than three (3) years from the date of
termination of employment.
(g) Granting A Gaming License
(1) The Tribal Council shall issue all gaming licenses.
| (2) If, within a thirty (30) day period after the National Indian Gaming Commission
receives a report, the National Indian Gaming Commission notifies the tribe that it has no
objection to the issuance of a license pursuant to a license application filed by a key volunteer
official for whom the tribe has provided an application and investigative report to the National
Indian Gaming Commission, the Tribe's ______________ may recommend that the Tribal
Council issue a license to such applicant.
(3) The Tribe shall respond to a request for additional information from the
Chairman of the National Indian Gaming Commission concerning a key volunteer who is the
subject of a report. Such a request shall suspend the 30-day period under paragraph (g)(2) of
this section until the Chairman of the National Indian Gaming Commission receives the
additional information.
(4) If, within the thirty (30) day period described above the National Indian Gaming
Commission provides the Tribe with a statement itemizing objections to the issuance of a
license to a key volunteer or to a primary management official for whom the tribe has provided
an application, the Tribe shall reconsider the application taking into account the objections
itemized by the National Indian Gaming Commission. The Tribe's personnel director shall
supply to the Tribal Council the Native Indian Gaming Commission statement, prior to council
action on the license. The Tribal Council shall make the final decision whether to issue a
license to such applicant.
(h) License Suspension
(1) If, after the issuance of a gaming license, the Tribe receives from the National
Indian Gaming Commission reliable information indicating that a key volunteer is not eligible
for employment under subsection (d) above, the Tribe's personnel director shall suspend such
license and shall notify in writing the licensee of the suspension and the proposed revocation.
(2) The Tribe's personnel director shall notify the licensee of a time and a place for a
hearing on the proposed revocation of a license, which shall be conducted before the Tribal
Council under rules as it may prescribe.
(3) After a revocation hearing, the Tribal Council shall decide to revoke or to
reinstate a gaming license. The decision of the Tribal Council shall be final. The Tribe shall
notify the National Indian Gaming Commission of is decision.
CHAPTER 505.1 - CLASS III GAMING - GENERAL PROVISIONS
(a) Class III gaming may be conducted pursuant to this chapter at the following locations:
(1) The log building located on U.S. Hwy. 2, at SE¬ NW¬ Sec. 32, T48N R2W.
(2) Any other location designated by Tribal Council resolution.
(b) No person, natural or legal, or association of persons, other than the Tribe, may conduct
Class III gaming on the reservation.
(c) All primary management officials and key employees of the Class III gaming operation
shall be subject to the licensing provisions of sec. 501.1(c).
(d) The chief management official of the Class III gaming operation shall be responsible for
the development and implementation of policies to effectuate all standards for the conduct of
games, prescribed by the Tribal Council including those policies and rules contained in Section
505.2 - 505.5, any tribal -state compact, and any National Indian Gaming Commission
regulations.
(e) The chief management official of the Class III gaming operation shall be responsible for
the conduct of all Class III gaming operations on the reservation and all Class II gaming
operations conducted at Class III gaming facility.
(f) The chief management official of the Class III gaming operation shall be subject to the
same powers and duties with respect to the Class III gaming operation as the Bingo Manager is
with respect to Bingo operations.
(g) Any person, natural or legal, and any association thereof, contracting with the Tribe to
provide management service to the Class III gaming operation, or gaming related goods or
services exceeding in value $10,000 per year, shall be required to obtain a gaming contractor
license from the tribe, to be issued by the tribal chairman only after an investigation as provided
Section 501.1(c) has been completed.
(h) No member of the Tribal Council, and no spouse, parent, child or sibling of a member of
the Tribal Council, may have any direct or indirect financial interest in the Class III gaming
operation, nor may any such person or any employee of the Class III gaming operation receive
any payment, gift, or gratuity of any kind from any gaming contractor licensed by the Tribe or
from any person, natural or legal, or any association thereof, engaged in the provision of gaming
goods or services, whether or not such person or association is currently providing any such
goods or services to the Tribe.
SECTION 505.2 - CLASS III GAMING - RULES OF PLAY
(a) No person under 18 years of age may play any Class III game. If any person under 18
years of age plays and otherwise qualifies for any prize or winnings, the prize or winnings shall
not be paid, and the estimated amounted wagered by the person during the course of the game in
which he otherwise qualifies for the prize or winnings shall be returned to him.
(b) The chief management official of the class III gaming operation shall cause to be posted
at places where notice is likely an announcement that persons under the age of 18 may not
participate in gaming.
(c) No person who is visibly intoxicated may play any Class III game.
(d) No credit shall be extended by the Tribe or any of its agents or employees for the
conduct of gaming. No person shall offer any other person credit for a fee, however calculated
for the conduct of gaming, except that an automatic teller machine that accepts bank cards or
credit cards may be installed upon Class III gaming premises.
(e) No alcoholic beverages may be sold at the Class III facility for the purpose of
off-premises consumption.
(f) Electronic games of chance shall be installed and operated pursuant to section XV of the
current Compact entered into by the Tribe and the State of Wisconsin
(g) Blackjack shall be conducted pursuant to Section XVI of the current Compact entered
into by the Tribe and the State of Wisconsin.
(h) Pulltab or break open ticket games shall be conducted pursuant to the most recent
published standards of the North American Gaming Regulators Association.
(i) If a player has a dispute concerning the conduct of a game, he or she shall have the right
to a resolution of the dispute by the chief management official on the premises at the time the
dispute arises. The dispute shall be resolved upon notification of the management official
involved, after hearing from the aggrieved player and any involved Class III facility employee
involved. The decision of the management official shall be final. If the dispute involves the
chief management official on the premises, it shall be resolved within five working days by the
tribal chairman or, in his absence, the vice-chairman, after hearing from the aggrieved player
and the involved management official. The decision of the chairman or vice-chairman shall be
final. Copies of this section of this chapter shall be kept at the Class III facility and shall be
made available to any customer of the Class III facility upon request.
SECTION 505.3 - CLASS III GAMING - TAX WITHHOLDING
(a) Federal income tax shall be withheld from any prize or winnings in those cases where
such withholding is required by the United States Internal Revenue Code. In all such cases,
Wisconsin income tax shall also be withheld except on payments to:
(1) Enrolled members of the Tribe, or
(2) Individuals who certify to the Tribe, on forms that the chief management official
shall assure are available, that they are not legal residents of the State of Wisconsin, unless such
individuals are subject to Wisconsin income tax on such winnings under ch. 71, Wis. Stat., for
the calendar year in which the payment is made.
(b) The amount of Wisconsin income taxes withheld under subsection (a) shall be the
amount of winnings multiplied by 6.93% (.0693), or the highest Wisconsin income tax rate
applicable to individuals under Section 71.06(1), whichever is higher.
(c) Taxes withheld under this section shall be deposited with the United States Internal
Revenue Service and the Wisconsin Department of Revenue as provided by federal and state
law.
SECTION 505.4 - CLASS III GAMING - EMPLOYEES
(a) Restrictions on employee and elected official gaming:
(1) No person employed at the Class III facility in a management position may
participate, directly or indirectly, as a player in any game that they have a direct supervisory
responsibility over at the Class III facility. This prohibition shall not include the Table games
Manager as it concerns the play of Texas Hold’em and 5 - 7 card stud poker games in that said
Table Games Manager may play only the aforementioned table games. No person who has been
employed at the Class III facility in a management position may participate, directly or
indirectly, as a player in any game that they have a direct supervisory responsibility over at the
Class III facility until 30 days have elapsed since the person’s last day of such employment.
Management employees affected by this provision shall be identified and listed by the Class III
facility manager. The management employee list shall be presented to the Tribal Council for
approval. The management employee list shall be updated by the Class III facility manager and
presented to the Tribal Council as personnel changes occur. Notwithstanding anything to the
contrary, in no instance shall the General Manager, Assistant General manager, Internal Auditor,
MIS Manager, MIS Assistant Manager participate as a player in any game at the Class III facility
except non-house banked table games.
(2) Non-management employees of the Class III facility may participate as players in
games (with the exception of pull tabs and progressive gaming devices not linked to external
progressive systems) at the Class III facility, subject to restrictions for non-management
employee play which may be established by Casino management and approved by the Bad River
Tribal Council. Non-key employees may play only those progressive gaming devices which are
linked to external progressive systems.
(3) Elected officials of the Bad River Tribal Council shall not participate in any
drawings, raffles or other promotions of the Class III facility.
SECTION 505.5 - CLASS III GAMING - RECORDS AND AUDITS
(a) The Tribal Accounting Office shall maintain for at least seven years, and shall permit the
authorized agents of the State of Wisconsin to inspect and copy, the following records:
(1) All accounting records, which shall be kept on a double entry system of
accounting, including detailed, supporting and subsidiary records.
(2) Revenues, expenses, assets, liabilities and equity by game at each location where
any component of Class III gaming including ticket sales, is conducted.
(3) Daily cash transactions for each game at each location at which any component
of Class III gaming is conducted, including by not limited to transactions relating to each
gaming table bank, game drop box and gaming room bank.
(4) For electronic games of chance, analytic reports which, by each machine,
compare actual hold percentages to theoretical hold percentages.
(5) Contracts, correspondence and other transaction documents relating to all
vendors and contractors.
(6) Records of all Tribal enforcement activities relating to gaming operated under
this Compact.
(7) All audits prepared by or on behalf of the Tribe.
(b) The Tribal Personnel office shall maintain for at least seven years, and shall permit the
authorized agents of the State of Wisconsin to inspect and copy, the following records:
(1) Personnel information on all Class III gaming employees or agents, including
complete sets of each employee's fingerprints, employee photographs, and employee profiles
and background investigations, except that employee work schedules shall be maintain for a
period of at least 2 years. This provision shall not include personnel records of tribal members
as to matters that are not related to gaming.
(2) Records of background investigations and determinations under Section IX of the
current compact between the Tribe and State of Wisconsin.
(c) At the close of each fiscal year, the chief management official of the Class III facility
shall assure that an independent certified public accountant has been engaged to conduct a
financial audit of the books and records of the Tribe's Class III gaming operations. The audit
shall be completed within 90 days after the close of the fiscal year. The chief management
official shall assure that copies of any audit reports and management letters are forwarded to the
Wisconsin State Auditor and to the Lottery Board.
(d) For the fiscal year including December 1991, and each subsequent fiscal year which
includes the December of an odd-numbered year, the chief management official of the Class III
facility shall assure that a qualified independent security auditor has been engaged to conduct a
security audit. The audit shall review and evaluate the effectiveness, adequacy, and enforcement
of:
(1) Physical systems and administrative policies and procedures controlling access to
non-public offices, warehouses, and computer rooms relating to the conduct of gaming under
this Compact.
(2) Physical systems and administrative policies and procedures for handling cash
and redemption of winning tickets or credit statements issued by electronic games of chance
from their receipt by the Tribe to payment of the player, including procedures for receiving and
routing incoming prize claims.
(3) Policies, procedures and practices to prevent theft, loss or destruction of
materials, equipment, or supplies associated with any of the games authorized by this compact,
including records required to be created and maintained by this Compact.
(4) Policies, procedures and practices to ensure the randomness, accuracy, integrity
and reliability of games operated pursuant to this Compact.
(5) Fitness and integrity of computer software utilized for financial accounting and
conduct of gaming under this Compact.
The chief management official shall assure that within 90 days of the close of fiscal year copies
of any audit reports and management letters are sent to the Wisconsin State Auditor and Lottery
Board.
(e) Audits shall be conducted in accordance with Section XII (c) of the current Compact
entered into by the Tribe and the State of Wisconsin.
SECTION 505.6 - CLASS III GAMING - FINANCES AND ACCOUNTING
(a) The chief management official of the Class III gaming operation shall submit to the
Tribal Council a monthly financial report which shall include the following information for the
preceding month:
(i) The names and position of all persons employed;
(ii) An itemized statement of gross receipts from all Class III gaming and all Class II
gaming conducted at a Class III facility, and of accounts receivable;
(iii) An itemized list of all expenditures, and accounts payables;
(iv) A statement showing the amount available for tribal expenditure.
(b) The Tribal Accounting Office shall create a special account into which Class III receipts
shall be deposited. Class III receipts shall not be commingled with any other tribal funds.
Checks drawn on the Class III account shall be only be for the following purposes;
(i) The payment of reasonable and necessary expenses incurred in the operation of
the Class III facility; or
(ii) Those purposes listed at Section 504.3(b).
(c) Class III gaming operations shall be subject to an annual outside audit which shall
include all contracts for supplies, services, or concessions for a contract amount in excess of
$25,000 annually, except for professional legal or accounting services, related to Class III
gaming.
SECTION 505.6m - CLASS III GAMING - OFF RESERVATION. RESERVED
SECTION 506 - VIOLATIONS
SECTION 506.1 - PROHIBITED ACTIVITIES
It shall be unlawful and prohibited activity for any person to:
(a) Violate the terms of this chapter or of Chapter 550 in any way; or
(b) Conduct a bingo game or occasion, raffle, other Class III gaming, or Class III gaming
within the boundaries of the reservation except in conformity with this ordinance; or
(c) Act or scheme in any way to influence the conduct or result of any gaming activity or the
determination of the winner thereof; or
(d) Act or scheme in any way to deprive the Tribe of the income or proceeds of any potion
thereof from gaming activities.
(e) Misrepresent on an application, form, or in any interview any material fact related to his
or her qualifications for a license under this chapter or for any gaming-related employment.
(f) Possess or use any mechanical, electrical, optic, radio, infrared, video, or other device,
including but not limited to cameras, transmitters, receivers, calculators, computers, or any kind
of artificial or enhanced intelligence, in the Class III gaming location buildings and all auxiliary
equipment whether or not located within the Class III gaming buildings.
(g) (1) Issue any check or other order for payment which at the time of issuance he or
she intends shall not be paid.
(2) Any of the following is prima facie evidence that the person at the time he or she
issued the check or other order for the payment of money, intended it should not be paid:
(a) Proof that, at the time of issuance, the person did not have an account
with the drawee; or
(b) Proof that, at the time of issuance, the person did not have sufficient
funds or credit with the drawee and that the person failed within 5 days after receiving notice of
nonpayment or dishonor to pay the check or other order; or
(c) Proof that, when presentment was made within a reasonable time, the
person did not have sufficient funds or credit with the drawee and the person failed within 5
days after receiving notice of nonpayment or dishonor to pay the check or other order.
(h) Engage, while in the Class III gaming location buildings or on the Class III gaming
location grounds, in any violent, abusive, indecent, profane, boisterous, unreasonably loud or
otherwise disorderly conduct under circumstances in which the conduct tends to cause or
provoke a disturbance.
(i) Disobey an exclusion order issued under Section 506.4.
SECTION 506.2 - PENALTY
For commission of any of the prohibited activities in Section 506.1, the violator shall be subject
to the following penalties:
(a) A civil remedial forfeiture of up to $5,000.00 for each violation.
(b) Seizure and forfeiture of all property used in the violation;
(c) Discipline or discharge from Tribal employment;
(d) Referral to state or federal authorities for criminal prosecution; and/or
(e) Such civil remedies as the Tribe may have available to recover any losses caused by or
associated with such violations.
(f) For a violation of Section 506.1(c), (d), or (f), seizure and forfeiture of all winnings
resulting from the violation.
SECTION 506.3 - ENFORCEMENT
(a) Jurisdiction is hereby conferred upon the Tribal Court over actions for violation of this
ordinance under the procedures set forth in the Tribal Court Code.
(b) The provisions of this ordinance shall be enforced by all Tribal law enforcement officers.
In addition, federal, state, and local law enforcement officers are hereby authorized to enforce
the provisions of this ordinance.
(c) In addition to the penalties set forth in Section 506.2, the court, upon conviction, shall
order payment of appropriate court costs.
SECTION 506.4 - EXCLUSION
(a) Any person may be excluded from the buildings and grounds of any Class III location for
any reason, including but not limited to, disorderly or disruptive behavior, interference with
other patrons, suspicion of a violation of any section of this ordinance, suspicion of possession
any controlled substance or substance that it is illegal for the person to be excluded to possess,
intoxication, being under the influence of any drug or alcohol, or any behavior that may tend to
diminish the peaceful enjoyment of the gaming facilities by the patrons, or that may tend to
diminish patronage.
(b) The supervisor on duty may exclude any person for a 24 hour period, by orally and in
writing, notifying the person of the exclusion.
(c) The gaming manager may permanently exclude any person by orally and in writing
notifying the person of the exclusion.
SECTION 506. 5 - IMPLIED CONSENT
(a) Every person entering the Class III gaming facility buildings or grounds irrevocably
consents to the following:
(1) The personal and subject matter jurisdiction of the Bad River Tribal Court
regarding all alleged violations of this chapter and all civil claims that may be brought by the
Bad River Tribe to recover any losses caused by or associated with such violations.
(2) Temporary detention, questioning, and search upon reasonable suspicion that a
violation of this chapter has occurred, seizure of any property reasonably believed to be used in
the violation, and forfeiture of the same.
(b) The gaming manager shall place a notice of the provision of this Section 506.5 at all
entrances to the buildings of the Class III facilities.
SECTION 506 - REPEALER
The Bad River Tribal Bingo and Raffle Control Ordinance is hereby repealed as of the date of
enactment hereof. All other ordinances or portions thereof inconsistent or in conflict with this
ordinance are hereby repealed to the extent of the inconsistency only.
CHAPTER 550 - GAMING CONTROL ORDINANCE PART II
SECTION 550.1 - PURPOSE
The Tribal Council of the Bad River Band of Lake Superior Tribe of Chippewa Indians
(hereinafter "Tribe"), empowered by the Bad River constitution to enact ordinances, hereby
enacts this ordinance in order to set the terms for Class II and III gaming.
SECTION 550.2 - GAMING AUTHORIZED
Class II and III gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447, 25
U.S.C. Section 2703(7)(A) and (8)(IGRA") and by the regulations promulgated by the National
Indian Gaming Commission at 25 C.F.R. sections 502.3 and 502.4 (as published in the Federal
Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized.
SECTION 550.3 - OWNERSHIP OF GAMING
The Tribe shall have the sole propriety interest in and responsibility for the conduct of any
gaming operation on the Bad River Reservation or authorized by this ordinance.
SECTION 550.4 - USE OF GAMING REVENUE
(a) Net revenues from Class II and III gaming shall be used only for the following purposes:
to fund tribal government operations and programs, provide for the general welfare of the Tribe
and its members, promote tribal economic development, donate to charitable organizations, or
help fund operations of local government agencies.
(b) If the Tribe elects to make per capita payments to tribal members, it shall authorize such
payments only upon approval of a plan submitted to the Secretary of the Interior under 25
U.S.C. subsection 2710(b)(3).
SECTION 550.5 - AUDIT
(a) The Tribe's gaming manager shall cause to be conducted annually an independent audit
of gaming operations and shall submit the resulting audit reports to the National Indian Gaming
Commission.
(b) All gaming related contracts that result in the purchase of supplies, services, or
concessions in excess of $25,000.00 annually, except contracts for professional, legal and
accounting services shall be subjected to the audit that is described in subsection (a) above.
SECTION 550.6 - PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND
SAFETY
Class II and III gaming facilities shall be constructed, maintained and operated in a manner that
adequately protects the environment and the public health and safety.
SECTION 550.7 - LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT
OFFICIALS
The Tribe's gaming manager shall ensure that the policies and procedures set out in this section
are implemented with respect to key employees and primary management officials employed at
any Class II or Class III gaming enterprise operated on Indian lands:
(a) Definitions
For the purposes of this section, the following definitions apply:
(1) Key employee means
(A) A person who performs one or more of the following functions:
(i) Bingo Manager
(ii) Bingo Caller
(iii) Cashier or Head Cashier (except restaurant)
(iv) Chief of Security
(v) Pit Boss
(vi) Blackjack Dealer
(vii) Any person who has authority to approve credit
(viii) Slot Attendants/Slot Technicians
(ix) Surveillance Personnel
(x) Security Personnel
(xi) Floor Supervisors
(xii) Casino Accountants
(xiii) Any person or contractor who has access to or works on any
gaming equipment on a normal periodic basis.
(B) If not otherwise included, any other person whose total cash
compensation is in excess of $50,000.00 per year; or
(C) If not otherwise included, the four most highly compensated persons in
the gaming operation.
(2) Primary management official means
(a) The person having management responsibility for a management contract;
(b) Any person who has authority:
(1) To hire and fire employees; or
(2) To set up working policy for the gaming operation; or
(c) The chief financial officer or other person who has financial management
responsibility.
(b) Application Forms
(1) The following notice shall be placed on the application form for a key employee
or a primary management official before that form is filled out by an applicant:
In compliance with the Privacy Act of 1974, the following information is provided: Solicitation
of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the
requested information is to determine the eligibility of individuals to be employed in a gaming
operation. The information will be used by Tribal government and staff and National Indian
Gaming Commission members and staff who have need for the information in the performance
of their official duties. The information may be disclosed to appropriate Federal, Tribal, State,
local, or foreign law enforcement and regulatory agencies when relevant to civil, criminal or
regulatory investigations or prosecutions or when pursuant to a requirement by a Tribe or the
National Indian Gaming Commission in connection with a hiring or firing of an employee, the
issuance or revocation of a gaming license, or investigations of activities while associated with a
tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will
result in the Tribe's being unable to hire you in primary management official or key employee
position.
The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply
a SSN may result in errors in processing your application.
(2) Key employees and primary management officials employed on the date of enactment of
this ordinance shall be notified in writing that they shall either:
(A) Complete a new application that contains a Privacy Act notice; or
(B) Sign a statement that contains the Privacy Act notice and consent to the routine
uses described in that notice.
(3) The following notice shall be placed on the application form for a key employee or a
primary management official before that form is filled out by an applicant.
A false statement on any part of your application may be grounds for not hiring you, or for firing
you after you begin work. Also, you may be punished by forfeiture, fine or imprisonment under
both tribal and federal law. (U.S. Code, title 18, section 1001.
(4) Key employees and primary management officials employed on the date of enactment of
this ordinance shall be notified in writing that they shall either:
(A) Complete a new application that contains a notice regarding false statements; or
(B) Sign a statement that contains the notice regarding false statements.
(5) The following notice shall be placed on the application form for a key employee or a
primary management official before that form is filled out by an applicant.
If you are hired, you may be hired conditionally, pending the completion of a background
investigation and eligibility for licensure determination. If for any reason you do not receive a
favorable background investigation report or eligibility determination by the completion of your
90th day of employment, your employment will be terminated.
(6) Key employee and management officials employed on the date of enactment of this
ordinance shall be notified in writing that they shall either:
(A) Complete a new application that contains the notice required by subparagraph
(5), above; or
(B) Sign a statement that contains the notice required by subparagraph (5), above.
(c) Background Investigations
(1) The Tribe's personnel director shall request from each primary management
official and from each key employee all of the following information:
(A) Full name, other names used (oral or written), social security number(s),
birth date, place of birth, citizenship, gender, all languages (spoken or written);
(B) Currently and for the previous five years: business and employment
positions held, ownership interests in those businesses, business and residence addresses, and
drivers license numbers;
(C) The names and current addresses of at least three personal references,
including one personal reference who was acquainted with the applicant during each period of
residence listed under paragraph (1)(b) of this section;
(D) Current business and residence telephone numbers;
(E) A description of any existing and previous business relationships with
Indian tribes, including ownership interests in those businesses;
(F) A description of any existing and previous business relationships with the
gaming industry generally, including ownership interest in those businesses;
(G) The name and address of any licensing or regulatory agency with which
the person has filed an application for a license or permit related to gaming, whether or not such
license or permit was granted;
(H) For each felony for which there is an ongoing prosecution or a conviction,
the charge, the name and address of the court involved, and the date and disposition if any;
(I) For each misdemeanor conviction or ongoing misdemeanor prosecution
(Excluding minor traffic violation), within 10 years of the date of the application, the name and
address or the court involved and the date and disposition;
(J) For each criminal charge (excluding minor traffic charges), whether or
not there is a conviction, if such criminal charge is within 10 years of the date of the application
and is not otherwise listed pursuant to paragraph (1)(h) or (1)(i) of this section the criminal
charge, the name and address of the court involved and the date and disposition;
(K) The name and address of any licensing or regulatory agency with which
the person has filed an application for an occupational license or permit, whether or not such
license or permit was granted;
(L) A current photograph;
(M) Any other information the Tribe deems relevant; and
(N) Fingerprints consistent with procedures adopted by the Tribe according to
25 C.F.R. subsection 522.2(h).
(2) The Tribe's personnel director shall conduct an investigation sufficient to make a
determination under subsection (d) below. The investigation may be conducted prior to any
hiring of the person for a key employee or primary management official position. In conducting
a background investigation the Tribe or its agent shall promise to keep confidential the identify
of each person interviewed in the course of the investigation.
(d) Eligibility Determination
(1) The Tribe shall review a person's prior activities, criminal record, if any, and
reputation, habits and associations to make a finding concerning the eligibility of a key
employee or primary management official for employment in a gaming operation. If the Tribe
determines that employment of the person poses a threat to the public interest or to the effective
regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices
and methods and activities in the conduct of gaming, a tribal gaming operation shall not employ
that person in a key employee or primary management official position. This determination may
be made prior to any hiring of the person for a key employee or primary management official
position.
(2) Under no circumstances shall any individual be employed in the Class III gaming
operation who has been convicted of, or entered a plea of guilty or no contest to, any of the
following, unless the person has been pardoned:
(A) A felony, other than a felony conviction for an offense under subdiv. (B),
(C), or (D), during the immediately preceding 10 years.
(B) Any gambling-related offense.
(C) Fraud or misrepresentation in any connection.
(D) A violation of any provision of chapters. 562 or 565, Wis. Stats., a rule
promulgated by the Lottery Board or Wisconsin Racing Board, or a Tribal ordinance regulating
or prohibiting gaming.
(3) The prohibition contained in the preceding paragraph may be waived by the
Tribal Council, by resolution, if the applicant or employee demonstrates to the satisfaction of the
Tribal Council evidence of sufficient rehabilitation and present fitness.
(e) Procedures for Forwarding Applications and reports for Key Employees and Primary
Management Officials to the National Indian Gaming Commission
(1) When a key employee or primary management official begins work at a gaming
operation authorized by this ordinance, the Tribe's personnel director shall forward to the
National Indian Gaming Commission a completed application for employment and conduct the
background investigation and make the determination referred to in subsection D of this section,
unless already completed.
(2) The Tribe's personnel director shall forward the report referred to in subsection
(f) of this section to the National Indian Gaming Commission within 60 days after an employee
begins work or within 50 days of the approval of this ordinance by the Chairman of the National
Indian Gaming Commission.
(3) The gaming operation shall not employ as a key employee or primary
management official, a person who does not receive a license within 90 days of hiring.
(f) Report to the National Indian Gaming Commission
(1) Pursuant to the procedures set out in subsection (e) of this section, the Tribe shall
prepare and forward to the National Indian Gaming Commission an investigative report on each
background investigation. An investigative report shall include all of the following:
(A) Steps taken in conducting a background investigation;
(B) Results obtained;
(C) Conclusions reached; and
(D) The bases for those conclusions.
(2) The Tribe's personnel director shall submit, with the report, a copy of the
eligibility determination made under subsection D of this section.
(3) If a license is not issued to an applicant, the Tribe shall:
(A) Notify the National Indian Gaming Commission; and
(B) Forward copies of its eligibility determination and investigation report (if
any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals
Records System.
(4) With respect to key employees and primary management officials, the Tribe shall
retain applications for employment and reports (if any) of background investigations for
inspection by the Chairman of the National Indian Gaming Commission or his or her designee
for no less than three (3) years from the date of termination of employment.
(g) Granting A Gaming License
(1) The Tribal Council shall issue all gaming licenses.
| (2) If, within a thirty (30) day period after the National Indian Gaming Commission
receives a report, the National Indian Gaming Commission notifies the tribe that it has no
objection to the issuance of a license pursuant to a license application filed by a key employee or
a primary management official for whom the tribe has provided an application and investigative
report to the National Indian Gaming Commission, the Tribe's personnel director may
recommend that the Tribal Council issue a license to such applicant.
(3) The Tribe shall respond to a request for additional information from the
Chairman of the National Indian Gaming Commission concerning a key employee or a primary
management official who is the subject of a report. Such a request shall suspend the 30-day
period under paragraph (g)(2) of this section until the Chairman of the National Indian Gaming
Commission receives the additional information.
(4) If, within the thirty (30) day period described above the National Indian Gaming
Commission provides the Tribe with a statement itemizing objections to the issuance of a
license to a key employee or to a primary management official for whom the tribe has provided
an application, the Tribe shall reconsider the application taking into account the objections
itemized by the National Indian Gaming Commission. The Tribe's personnel director shall
supply to the Tribal Council the Native Indian Gaming Commission statement, prior to council
action on the license. The Tribal Council shall make the final decision whether to issue a
license to such applicant.
(h) License Suspension
(1) If, after the issuance of a gaming license, the Tribe receives from the National
Indian Gaming Commission reliable information indicating that a key employee or a primary
management official is not eligible for employment under subsection (d) above, the Tribe's
personnel director shall suspend such license and shall notify in writing the licensee of the
suspension and the proposed revocation.
(2) The Tribe's personnel director shall notify the licensee of a time and a place for a
hearing on the proposed revocation of a license, which shall be conducted before the Tribal
Council under rules as it may prescribe.
(3) After a revocation hearing, the Tribal Council shall decide to revoke or to
reinstate a gaming license. The decision of the Tribal Council shall be final. The Tribe shall
notify the National Indian Gaming Commission of is decision.
SECTION 550.8 - LICENSE LOCATIONS
The Tribe shall issue a separate license to each place, facility, or location on Indian lands where
Class II or Class III gaming is conducted under this ordinance.
SECTION 550.9 - SUPERCEDENCE
To the extent that any section of Chapter 500, Bad River ordinances, is inconsistent with any
section of this chapter, this chapter's section controls.
BAD RIVER TRIBAL CODE
TABLE OF CONTENTS
SECTION 8 - CHAPTER 601 - MEMBERSHIP
CHAPTER 601 - MEMBERSHIP
Enacted Pursuant To Resolution # 5-10-00 -413
Section 601.01 - Definitions
Section 601.02 - Powers and Duties of Committee
Section 601.03 - Powers and Duties of Enrollment Clerk
Section 601.04 - Committee Structure
Section 601.05 - Screening of Application
Section 601.06 - Proof of Eligibility
Section 601.07 - Newborns
Section 601.08 - Records and Files
Section 601.09 - Disenrollment
CHAPTER 601 - MEMBERSHIP
Sec. 601.01. Definitions.
(a) “Application” means the original application filed with the Enrollment Office, including a
carbonless copy which will be deemed the receipt.
(b) “Certified copy” means a copy of an official record or report or entry therein, or of a document
authorized by law to be recorded or filed and actually recorded or filed in a public office (including
federal, tribal, state, and local government agencies), and certified as correct by the custodian or other
person authorized to make the certification.
(c) “Committee” means the Membership Committee created by this chapter.
(d) “Enrollment Clerk” means the employee or employees of the Tribe, whatever their current job title,
designated to maintain the Tribe’s membership records and to provide staff support to the Committee.
(e) “Member” means a member of the Committee, unless the context indicates that the reference is to a
member of the tribe.
(f) “Tribal Council” means the Tribal Council of the Tribe.
(g) “Tribe” means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
Sec. 601.02. Qualifications for Membership Committee Members. Committee members shall meet the
following qualifications:
(a) Member of Bad River Band of Lake Superior Tribe of Chippewa Indians;
(b) At least 21 years of age;
(c) Resident of the Bad River Reservation for at least one year prior to Committee membership and
knowledge of the history of the Bad River Band;
(d) Committee members shall not be Tribal Council members, Bad River Tribal Court judges,
employees of the Enrollment Office, Legal Department or Tribal Court.
Sec. 601.023. Powers and Duties of the Committee. The Committee shall have the following
powers and duties:
(a) To maintain custody of all membership applications and supporting evidence, and all related
documentation, correspondence and collateral records related to membership.
(b) To review applications for membership in the Tribe, and to make recommendations to the Tribal
Council on such applications.
(c) To request and receive records of the Bureau of Indian Affairs to determine eligibility for
membership.
(d) To recommend to the Tribal Council disenrollment as provided by this chapter.
(e) To advise the Tribal Council on matters related to membership and enrollment.
(f) To delegate to the enrollment clerk the ministerial duties of the Committee as the Committee
chooses to delegate.
(g) All actions of the Committee are subject to review by the Tribal Council as provided herein; the
decision of the Tribal Council shall in all matters be final and conclusive.
Sec. 601.034. Powers and Duties of Enrollment Clerk and Assistant. The enrollment clerk and
assistant shall have the following powers and duties:
(a) To protect and maintain the records that are in the custody of the Committee.
(b) To accept and process applications for enrollment in the Tribe.
(c) To certify eligibility for entitlements and benefits based on tribal membership.
(d) To perform the ministerial duties of the Committee as delegated.
(e) To advise the Committee and the Tribal Council on matters related to membership and enrollment.
(f) Such other duties as assigned by this chapter or by job description.
(g) The acts of the enrollment clerk shall be reviewable as provided by the Tribe’s Personnel Policies.
(h) The names of all applicants whose applications have been processed and the disposition thereof
shall be entered on a master log, which shall be typed up on the first regular working day following
Committee screening session and which shall be kept by the Enrollment Clerk who shall keep the
master log locked in the file cabinet when not in use.
Sec. 601.05. Committee Structure.
(a) The Committee shall be composed of seven members appointed by the Tribal Council, each of
whom shall serve a term of two years, and be eligible for reappointment.
(b) The Tribal Council shall appoint from the seven members a Chairperson. The members among
themselves shall select a vice-chairperson, who shall have all of the powers and duties of the
chairperson in his or her absence and a secretary, who shall keep the minutes of all committee meetings.
All Committee members shall be deemed researchers.
(c) Each Committee member shall take an oath of office, which shall include an oath to keep all
information he or she obtains by virtue of the office confidential.
(d) The Committee shall meet regularly on the first Tuesday of each month, or such other day as
established by the Committee, but no less frequently than once per month. The Committee may also
hold special meetings as required. A quorum of four shall be necessary for the transaction of business.
(e) Any member who is absent, without excuse, from two consecutive regular Committee meetings will
be deemed to have resigned and will be considered automatically removed. No further action will be
required to treat the seat of such member as vacant. The Committee, or a member designated by those
remaining on the Committee, shall report such vacancy to the Tribal Chairman within five days of its
occurrence.
(f) Any member who is convicted of a felony or misdemeanor involving dishonesty in any state, federal
or tribal court shall be subject to removal from the Committee by a vote of four members. The
Committee, or a member designated by those remaining on the Committee, shall report such removal to
the Tribal Chairman within five days of the removal.
(g) Any member who has violated his or her oath of office may be removed by the Committee by a vote
of four members. Upon an allegation of such breach being lodged with the Committee, the chairperson
shall call a meeting of the Committee to be held within five days to determine if the evidence warrants
removal. If the chairperson is alleged to have violated the oath, the vice-chairperson shall call the
meeting. If both the chairperson and the vice-chairperson are alleged to have violated the oath, or if the
vice-chairperson is unavailable, any member may call the meeting. The challenged member shall have
the opportunity to be heard. If the challenged member does not contest the allegations, or if he or she
does not appear at the meeting, he or she shall be considered automatically removed. The Committee,
or a member designated by the remaining members of the Committee, shall report any removal under
this section to the Tribal Chairman within five days of such removal.
(h) Any decision on removal of a Committee member taken under subsection (f) or (g) may be appealed
to the Tribal Council by an aggrieved party. “Aggrieved party” in this section shall mean, in the case of
a vote to remove, the member so removed; in the case of a vote not to remove, shall mean the person or
persons instituting the complaint against the member. Any such appeal must be filed by providing
written notice thereof to the Tribal Chairperson and to the Committee within five days of the action
appealed from.
(i) Each Committee member shall receive a stipend of $25.00 for each Committee meeting attended and
the Committee secretary shall receive a stipend of $35.00.
Sec. 601.06. Applications and Screening of Applications.
(a) All persons applying for membership in the Tribe must complete an “Application for Enrollment”
on the form provided by the Enrollment Clerk, and must attach to such form all documentary evidence
offered as proof of eligibility for enrollment. The original of the application for enrollment must be
submitted in person by the applicant to the Enrollment Clerk’s office, and must be signed and dated in
the presence of the Enrollment Clerk. In the case of an applicant who is under the age of eighteen (18),
the application for enrollment must be submitted and signed by the applicant’s parent or legal guardian,
who must display proof of parenthood or legal guardianship at the time the application is submitted to
the Enrollment Clerk.
(b) All applications for enrollment must include the social security number of the applicant, with the
exception of newborns.
(c) Each application submitted in compliance with this Chapter shall be stamped by the Enrollment
Clerk to reflect the date of submittal. The date indicated by the Enrollment Clerk’s stamp will serve as
the official date of the application, regardless of any other date(s) which may otherwise appear on the
application. An individual may request a copy of their application at this time.
(d) Screening of applications shall be done only when the Committee is in session at which a quorum is
present, and for the express purpose of processing applications and confirming those lineal descendants
who meet the requirements for membership under the Tribal Constitution.
(e) To ensure that uniform action is taken on all applications, each application shall be screened
personally by each member seated present. To prevent any dispute from arising at a later date, each
member present shall initial each application after screening. To further insure accuracy in the
screening of applications, each member shall enter the name of the applicant and the disposition of his
or her application on a personal log which the member shall keep at all times. Dispositions shall be
“recommended for inclusion on the adoption ballot” or “not recommended for inclusion on the adoption
ballot.”
(f) The names of all applicants whose applications have been processed, and the disposition of each
such application, shall be entered by the Enrollment Clerk on a master log which shall be typed on the
first regular working day following a Committee screening session, and which shall be kept by the
Enrollment Clerk, who shall keep the master log locked in the file cabinet when not in use.
(g) To insure continued accuracy, the master log shall be compared to each member’s private log
periodically, and any discrepancies shall be resolved when discovered.
(h) When an application is complete and accurate and meets the requirements for adoption, the
applicant’s name shall be included on the list of those individuals recommended to the Tribal Council
for inclusion on the adoption ballot.
(i) Deadlines. The following deadlines shall be observed in the processing of applications for adoption
to membership under Art. II, sec. (4), Bad River Constitution:
1. All applications for adoption to be considered at the regular election of any year must be
submitted and complete no later than the date in May six months before the first Tuesday following the
first Monday of November of that year.
2. The Committee shall report to the Tribal Council at its regular meeting in June of each year
the number of applications that were submitted and complete by the deadline set forth in subsection
(i)(1) for that year.
3. The Committee shall report to the Tribal Council at its regular meeting in August the list of
names of individuals recommended for inclusion on the adoption ballot at the regular election for that
year. At the same time, the Committee shall report to the Tribal Council the list of names of
individuals not recommended for inclusion on the ballot. The two lists shall together include the names
of all individuals who submitted completed applications by the deadline stated in subsection (i)(1) for
that year.
4. The Enrollment Clerk shall post the list of names approved by the Tribal Council for
inclusion on the election ballot no less than sixty days prior to the election.
5. Prior to February 1 of each year the Committee shall post the calendar dates for that year that
correspond to the deadlines set by subsections (i)(1) through (4).
(j) The Enrollment Clerk shall notify, by certified mail addressed to the individual’s last known
address, each individual whose name appears on the list submitted to the Tribal Council of names not
recommended for inclusion on the adoption ballot. Such notification shall be mailed no later than the
date specified in subsection (i) (3). Any individual may appeal the Committee’s recommendation, and
seek Tribal Council inclusion on the adoption ballot, by filing a written notice of such appeal with both
the Membership Committee and the Tribal Council. The individual shall be allowed to appear at any
Tribal Council meeting scheduled prior to the deadline specified in subsection (i) (4) and present his or
her case for Tribal Council decision. If no Tribal Council meeting is scheduled prior to the deadline
specified in subsection (i) (4), the individual may demand the scheduling of a meeting upon payment of
a meeting fee equal to the sum of the meeting stipends to which the Council members would be entitled
for attending the meeting. The individual may, in the alternative, demand to be heard at a later
scheduled meeting, in which case if the Tribal Council finds in the individual’s favor his or her name
will be placed on the adoption ballot for the subsequent year.
(k) The purpose of this section is to regularize the processing of applications for adoption. It does not
confer upon any applicant for adoption any rights or expectation of membership.
(l) Applicants who are not voted into membership through the election process must reapply in order to
be considered for membership on a subsequent election ballot.
Sec. 601.07. Proof of eligibility.
(a) Any individual who demonstrates to the satisfaction of the Committee lineal descent from a tribal
member whose name appears on the Basic Membership Roll, as provided in Art. II of the Tribal
Constitution, shall be eligible for recommendation for inclusion on an adoption ballot for purposes of
enrollment into the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(b) The burden of proof rests upon the applicant to establish his or her eligibility for inclusion on an
adoption ballot. Documentary evidence of eligibility includes, but is not limited to, birth certificates,
death certificates, baptismal records, copies of probate findings, affidavits and records of the Bureau of
Indian Affairs. The Committee shall determine the weight and sufficiency of any documentary
evidence used to establish eligibility and may require the production of additional evidence if the
Committee determines that the evidence submitted is insufficient to establish eligibility. If an applicant
fails to respond to the Committee’s request for additional evidence within thirty (30) days, the
Committee may refuse to recommend the application for approval to the Tribal Council. In addition,
where the Committee determines that the documentary evidence provided in support of an application
for enrollment is insufficient to establish eligibility for enrollment, the Committee may require an
evidentiary hearing on the issue of eligibility. The Enrollment Clerk shall inform the applicant of the
need for an evidentiary hearing by written notice, which notice shall also inform the applicant of the
date, time and location of the hearing. The applicant may request that the hearing be rescheduled; any
such request must be made within two weeks of the applicant’s receipt of the notice of hearing. The
applicant and all witnesses in support of the application for enrollment must appear in person at any
such evidentiary hearing. All testimony given shall be sworn. The Committee shall determine the
weight and sufficiency of all evidence offered by the applicant to establish eligibility for enrollment and
may require as evidence of lineal descent that the applicant submit to blood or Deoxyribonucleic acid
[DNA] testing. DNA testing shall only be recognized if performed at a bona fide laboratory employing
current standards issued by either the “Technical Working Group on DNA Analysis Methods”
[TWGDAM] associated with the “California Association of Criminalist Ad Hoc Committee on DNA
Quality Assurance” or the “American Society of Crime Laboratory Directors” [ASCLD]. Applicants
shall pay for any and all testing required. Submission of DNA evidence of lineal decent shall occur by
the following manner and method:
i.) A DNA sample of a known living Bad River Tribal Member purported to be a blood relative shall
be compared to that of the applicant using the Restriction Fragment Length Polymorphism [RFLP]
method of DNA analysis. Compared subjects may be considered
of the same lineal decent of a person appearing on the basic membership roll of the Bad River Tribe, if
the compared DNA samples of the applicant and known member are of such similar genotype that the
scientific community generally accepts the comparison to be so unique that the applicant is of the direct
issue of the known member; i.e., either mother/father and child, or grandmother/grandfather and
grandchild, etc. Comparisons which indicate that a known member is a collateral relative such as an
aunt, uncle, brother or sister, etc., is not in and of itself evidence of lineal decent from a person
appearing on the basic membership roll of the Bad River Tribe.
ii.) In no case shall a known member be compelled to submit a DNA sample or be otherwise ordered to
submit a sample under this ordinance.
iii.) Notwithstanding DNA evidence submissions, all other requirements of this chapter shall be met
when determining eligibility for membership.
(c) The applicant shall complete a family tree showing lineal descent from a member whose name
appears on the Basic Membership Roll. If the applicant is unable to complete the family tree, the
applicant may request the Enrollment Clerk to do so, in which case the applicant shall pay for the actual
time and costs incurred by the Enrollment Clerk in completing the family tree. The applicant shall
make advance payment of $25.00 to the Enrollment Clerk for the estimated total expenses of
completing the family tree, prior to the Enrollment Clerk undertaking any work thereon. The
Enrollment Clerk shall keep accurate contemporaneous time and expense records for all work
undertaken on each family tree, and shall prepare a regular statement for the applicant thereon. Upon
exhaustion of the initial payment, the Enrollment Clerk shall require additional payment to continue
work.
(d) Only originals or certified copies of documents submitted as proof of eligibility will be accepted as
evidence by the Enrollment Office.
(e) The Enrollment Office shall retain all documents that are submitted, unless the applicant requests
that the documents be returned to applicant, in which event a copy of the submitted documents shall be
retained by the Enrollment Office.
(f) The Tribe shall have sole ownership of all Tribal Membership documents retained by and in the
custody of the Committee.
(g) Individuals of Indian blood of other tribes, and of no Indian blood, who claim lineal descendancy
through a person who has been legally adopted by a lineal descendant, are not eligible for enrollment,
except that individuals of Bad River Indian blood shall be eligible for adoption to membership under
Article II, Section (4) of the Bad River Constitution.
(h) Each applicant shall be required to disclose whether he or she claims descendancy through any
person who has been legally adopted. Applicants who so claim must indicate whether their biological
descent is of Bad River Chippewa blood, blood of another tribe, or no Indian blood.
Sec. 601.08. Newborns. Newborns, one or both of whose parents are tribal members, may be enrolled by
a parent or legal guardian by completing an application form provided for that purpose and filing it with
the Committee no later than sixty (60) days after the date of birth of the newborn.
Sec. 601.09. Records and files.
(a) Membership applications and supporting evidence, and all related documentation, correspondence,
and collateral records related to membership shall be kept secure at all times, except when necessary for
the conduct of business of the Committee or of the Enrollment Clerk.
(b) No person other than the Committee and Enrollment Clerk in the course of their official business
shall have access to any membership file other than his or her own and that of his or her minor children
or wards, except that a member may authorize in writing another person to have access to his or her file
and that of any of his or her minor children or wards.
(c) Any person may obtain a copy of documents in his or her file, or that of his or her minor child or
ward, at a charge of twenty-five (.25) cents per page to cover the cost of copying documents.
(d) The following information shall be deemed public information: the names of members, their sex,
date of birth, date of death, roll number, allotment number though which member is enrolled and last
known address. Upon request, membership lists showing this information may be made available to
candidates for tribal political office upon payment of a charge set to reflect the cost of preparing and
copying the list.
Sec. 601.10. Disenrollment.
(a) Grounds for Disenrollment. Any tribal member may be disenrolled from membership in the Tribe
upon proof of the following, and in accordance with the procedures for disenrollment set forth below:
1. Any person whose membership is based on false material information contained in his or her
application, or who withheld material information in making his or her application for enrollment, shall
be removed from the membership rolls.
2. Any person whose membership is based on false material information submitted by another
person, or whose membership is based on another person’s withholding of material information in
making the application for enrollment, shall be removed from the rolls.
3. No member may be enrolled in the Tribe who is also enrolled in another tribe. Any member
who is alleged to be enrolled in another tribe may be required to furnish proof that he is not so enrolled.
Any person who fails to furnish such proof shall be removed from the membership rolls.
(b) Disenrollment Proceedings. Disenrollment proceedings shall be governed by the following
procedures:
1. Upon receipt of any evidence that a tribal member should be subjected to disenrollment
proceedings, the Committee shall discuss the matter at the next scheduled meeting, and shall vote on
whether to initiate disenrollment proceedings against such tribal member. No proceeding for
disenrollment of a tribal member shall be initiated unless at least four (4) members of the Committee
vote to initiate such proceedings. If a majority of the fails to vote in favor of initiating disenrollment
proceedings, the matter shall be deemed closed.
2. If the Committee decides to initiate disenrollment proceedings against a tribal member, the
Enrollment Clerk shall send a “Notice of Disenrollment Proceedings” by certified letter to the last
known address of such tribal member. The letter shall specify the grounds for initiating such
disenrollment proceedings, and shall explain the disenrollment procedures and the rights and remedies
available to the tribal member. The date stamped by the U.S. Post Office on the Domestic Return
Receipt shall be deemed to be the date on which the tribal member was served with the “Notice of
Disenrollment Proceedings.”
3. In the event that the “Notice of Disenrollment Proceedings” is returned undelivered by the
United States Post Office, the Enrollment Clerk shall publish the “Notice of Disenrollment
Proceedings” in the local newspaper in the county of the last known address of the tribal member
against whom disenrollment proceedings have been initiated. At the expiration of sixty (60) days from
the date such notice first appears in the local newspaper, the tribal member shall be deemed to have
been served with the “Notice of Disenrollment Proceedings.”
4. Any tribal member against whom disenrollment proceedings have been initiated must file a
written response challenging such proceedings within thirty (30) days of receipt of the “Notice of
Disenrollment Proceedings.” Such a response can be mailed by certified or regular mail, and will be
deemed filed on the date the response is post-marked by the U.S. Post Office. Failure to file a written
response to the “Notice of Disenrollment Proceedings” within the thirty day time period shall waive the
tribal members rights to an informal hearing before the Committee and a formal hearing before the
Tribal Council.
5. Any tribal member against whom disenrollment proceedings have been initiated shall have a
right to appear and testify in an informal hearing before the Committee. At such hearing, the
Committee shall determine if sufficient evidence exists to support a finding that the tribal member
should be disenrolled. If a majority of the members of the Committee decide that the tribal member
should remain on the membership rolls, the disenrollment proceedings shall be deemed closed. If a
majority of the members of the Committee find that sufficient evidence exists to support disenrollment,
the Committee shall submit a written recommendation to the Tribal Council that the tribal member be
disenrolled. The recommendation of the Committee shall include all evidence compiled in the
disenrollment proceeding. Upon receipt of such recommendation, the Tribal Council shall schedule a
hearing to decide whether the tribal member shall be disenrolled, unless the tribal member has waived
his/her right to a hearing by failure to respond to the “Notice of Disenrollment Proceedings,” in which
event the Tribal Council will make its decision based on the recommendation and evidence furnished
by the Committee.
6. Any tribal member subject to a disenrollment proceeding, who has filed a written response to
the “Notice of Disenrollment Proceedings” with the Enrollment Clerk, shall have the right to be
represented by counsel at his or her own expense at all stages of the proceeding, the right to inspect and
copy all documents which purportedly support disenrollment, the right to inspect and copy all
documents in the custody of the Committee which support the member’s claim to continued eligibility
for enrollment, the right to inspect and copy all documents in the member’s application file, the right to
cross-examine all adverse witnesses, the right to present testimony and documentary evidence on his or
her own behalf, the right to adequate notice of all proceedings, and the right to a written decision in
which the facts relied upon and the conclusions made by the Tribal Council are given. All
disenrollment proceedings shall be conducted as closed hearings in Executive Session.
7. In any disenrollment proceeding, the Committee shall have the burden of proving by clear
and convincing evidence that the tribal member is not eligible for enrollment.
8. A decision to disenroll a tribal member shall be made by vote of the members of the Tribal
Council. No less than five (5) members of the Tribal Council must vote to disenroll the tribal member
before such member shall be disenrolled. The decision of the Tribal Council in any disenrollment
proceeding shall be final and non-appealable.
9. If the Tribal Council votes to disenroll a tribal member, the Enrollment Clerk shall strike the
name of such tribal member from the membership rolls of the Tribe. Any tribal member who has been
disenrolled shall be prohibited from thereafter seeking enrollment in the Tribe.
(c) Voluntary Disenrollment. Any tribal member may request that his/her name be stricken from the
membership rolls. Such voluntary disenrollment must be carried out in accordance with the procedures
set forth below.
1. The tribal member seeking voluntary disenrollment must submit to the Enrollment Office a
notarized statement requesting relinquishment of membership in the Tribe, and stating the reason(s) for
seeking relinquishment of membership.
2. The statement requesting relinquishment of membership in the Tribe must be either
submitted in person, or delivered by certified mail, and must be dated no more than sixty (60) days
before the date such statement is received at the Enrollment Office.
3. The Tribal Council shall direct the Enrollment Clerk to strike from the membership rolls the
name of the tribal member seeking voluntary disenrollment.
4. If a request for relinquishment is made on behalf of a tribal member who is under the age of
eighteen (18) years, the following procedures will govern the voluntary disenrollment process:
i. The person requesting relinquishment must be the parent having legal custody of the
tribal member, or the legal guardian of such tribal member, and must provide the Enrollment Office
with proof of such legal custody or guardianship. For purposes of this Chapter, the term “legal
custody” means the custody awarded by a court of competent jurisdiction. Any documentary evidence
provided as proof of legal custody or guardianship must be in the form of originals or certified copies.
Proof of parenthood alone, without proof of legal custody or guardianship, will not authorize a person
to request relinquishment on behalf of a tribal member who is under the age of eighteen (18) years.
ii. Any parent requesting relinquishment for a child who is a tribal member must have
sole custody of such child in order to request relinquishment of membership on behalf of the child. If a
parent making a request for relinquishment on behalf of a child does not have sole custody of such
child, such parent must demonstrate that he/she has joint custody of the child, and a notarized statement
from the other parent joining in the request for relinquishment must be provided to the Enrollment
Office. Certified copies of the divorce decree or order of separation, and of the order granting custody,
must be submitted to the Enrollment Office.
iii. No tribal member under the age of (18) years shall be disenrolled from membership
in the Tribe until the Enrollment Office receives official notification from another tribe that such person
has been accepted for membership in such other tribe.
iv. If a person who is under the age of eighteen (18) years is disenrolled from
membership in the Tribe by request of a parent or legal guardian, such person shall be entitled to
enrollment in the Tribe in accordance with the procedures and requirements set forth in this Chapter, if
such person makes a request for enrollment after his/her eighteenth (18th) birthday. No benefits
associated with membership in the Tribe shall be granted to such person for the period of time during
which he/she was not enrolled in the Tribe.
CHAPTER 701 - CIGARETTES
This chapter as amended shall be effective on and after July 1, 1991.
CHAPTER 701 ENACTED BY RESOLUTION #9-21-83-18/REPEALED AND RECREATED BY RESOLUTION
#10-14-83-24 Section 701.3 (e) amended pursuant to Bad River Tribal Council Resolution 06-22-05-130
SECTION 701.1 - PURPOSE
The purpose of this ordinance is to regulate the business of selling, exposing for sale, exchanging, or
bartering of cigarettes for purposes of resale within the boundaries of the Bad River Reservation.
SECTION 701.2 - AUTHORITY
This chapter is adopted pursuant to Art. VI, Section 1(j), of the Bad River Constitution.
SECTION 701.3 - DEFINITIONS
(a) "Carton" means any container prepared by the manufacturer of cigarettes in which 200 cigarettes
are held, packed, or contained.
(b) "Cigarette" means any roll of tobacco wrapped in paper or in any substance other than tobacco.
(c) "Class I Certification" means a certification authorizing an Indian retailer to sell unstamped
cigarettes and no more than 5,000 cartons of stamped cigarettes per month.
(d) "Class II Certification" means a certification authorizing an Indian retailer to sell unstamped
cigarettes and an unlimited number of cartons of stamped cigarettes per month.
(e) "Reporting Date" means the first day of the month, or if any such date is a Saturday, Sunday or
holiday, the first non-holiday weekday thereafter.
(f) "Reporting Period" means the period starting on a reporting date and ending one day before the
next reporting date.
(g) "Reservation" means all land within the boundaries of the Bad River Reservation.
(h) "Tribe" means the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
(i) "Tribal Council" means the Tribal Council of the Tribe.
SECTION 701.4 - CIGARETTE SALES PERMITTED
(a) Indian retailer sales. A member of the Tribe whether operating as a sole proprietorship, joint
venture, or corporation, may sell, expose for sale, or possess with intent to sell cigarettes, whether
stamped or unstamped, on the Reservation only upon compliance with the provisions of this chapter.
(b) Business organizations. No person or organization shall be considered an Indian retailer for
purposes of this section unless said person is an enrolled member of the Tribe, or unless at least
fifty-one percent of profits and control of the total business inure to one or more enrolled members of
the Tribe.
SECTION 701.5 - CERTIFICATION OF INDIAN RETAILERS
(a) Any enrolled member of the Tribe or business organization desiring to do business as an Indian
retailer pursuant to this chapter shall apply in writing to the Tribe requesting certification as such.
(b) An applicant for Indian retailer certification shall provide evidence to the Tribe of all of the
following:
(1) Enrollment in the Tribe.
(2) In case of an organization other than a sole proprietorship, documents describing
ownership, profit-sharing, control of organization, and identification of enrolled members participating
in the organization.
(3) Description of the location to which wholesale deliveries of cigarettes shall be made, and
statement as to its status as Indian-owned fee land, allotted land, leased tribal-trust land or other.
(4) Whether the applicant requests a class I certification or a class II certification.
(c) The Tribal Council shall deny certification to any applicant who is not eligible for certification
under Section 701.4(a) or (b), and to any applicant when it shall appear that the applicant will serve as a
sham for any person or persons, legal or natural, who are not eligible for certification under Section
701.4(a) or (b).
(d) The issuance of certification is within the discretion of the Tribal Council. With no limitation
by enumeration implied, the Tribal Council may deny certification to any applicant who has been found
in non-compliance with any section of this chapter or of applicable state cigarette tax law, or who has
any outstanding cigarette tax pre-collection liability.
(e) Any new certification issued shall be for a class I or class II certification as requested. Any
applicant for renewal of certification shall be issued a class I or class II certification based on monthly
sales as determined by an average of monthly sales over the preceding 12 month period.
(f) An Indian retailer holding a class I certification may sell more than the number of cartons of
stamped cigarettes permitted by the certification. Upon submittal of invoices showing monthly sales of
more than the number of cartons permitted under a class I certification, the tribal accounting office shall
administratively reclassify the retailer as a class II retailer, starting with sales in the calendar month
immediately following the submittal requiring reclassification, and continuing for the length of the
certification period.
(g) Each certification shall state the name of the Indian retailer, the location at which the
certification authorizes cigarette sales, and the date of validity and expiration of the certification. Each
certification shall be valid for only one location. The Tribal Council may in its discretion issue
certifications for more than one location to a single applicant.
(h) The original of the certificate shall be issued to the Indian retailer. The original or copies
thereof shall not be valid proof of certification to be furnished to the retailer's distributors. Such proof
must be given as provided in Section 701.8(b).
(i) All certifications shall be valid for a period not to exceed one year, expiring on the June 30
following the initial date of validity of the certification.
(j) Certification is non-transferrable.
(k) Certification shall be by Tribal Council resolution.
(l) No member may sell, expose for sale, or possess with intent to sell cigarettes on the Reservation
without a valid certification under this chapter.
SECTION 701.6 - REGULATION OF INDIAN RETAILERS
(a) Each retailer shall submit on each reporting date the original invoices for each sale and delivery
to it of stamped and unstamped cigarettes. The original invoice shall meet the requirements of Wis.
Adm. Code Tax Ch. 9.08 (4)(d).
(b) Each retailer shall submit on each reporting date the original records for the preceding reporting
period showing all sales of unstamped cigarettes to Bad River members. The record shall show the date
of sale, amount of sale in volume and dollar amount, and the name of purchaser, for each sale to a Bad
River member. Failure to keep or produce such records shall be a violation of this chapter. In addition,
all untaxed sales for which such records are not kept and produced shall be rebuttably presumed to have
been made to persons ineligible to buy them.
(c) Each Indian retailer shall allow any agent authorized by the Tribe to audit and inspect the books,
records, and the premises of the location for which the Indian retailer possesses certification.
(d) No Indian retailer may sell any unstamped cigarettes to any one who is not a member of the
Tribe and a resident of the Reservation.
(e) No Indian retailer may sell more than 100 cartons of unstamped cigarettes to any one person,
natural or legal, in any one calendar month.
(f) No Indian retailer may transfer, or cause to be transferred, any cigarettes from the location to
which the invoice shows their delivery to another location.
SECTION 701.7 - TAX REFUNDS
Any Indian retailer complying with provisions of this chapter shall receive that portion of the state
cigarette tax to which the Tribe is entitled by virtue of the Indian retailer's sales, less
(a) In the case of a retailer holding a class I certification, twenty-five cents per carton.
(b) In the case of a retailer holding a class II certification, per carton.
SECTION 701.8 - DISTRIBUTORS AND WHOLESALERS
(a) Any distributor or wholesaler selling cigarettes to an Indian retailer on the reservation shall,
upon request of any agent authorized by the Tribe, produce all records pertaining to the sale of
cigarettes to that retailer.
(b) Prior to sale or delivery of any cigarettes to any Indian retailer, a distributor or wholesaler must
first obtain, directly from the Tribe, a duplicate original of the retailers certification, specifically
endorsed to the specific wholesaler or distributor.
(c) Any distributor or wholesaler who fails to comply with subsec. (b) or any request under subsec.
(a) may be barred by order of the Tribal Chairman or Treasurer. Within 20 days of service of any such
order, the distributor or wholesaler may file a complaint in Tribal Court seeking review of the order.
SECTION 701.9 - SUSPENSION AND REVOCATION, PENALTIES, CIVIL LIABILITY
(a) The Tribal Council may suspend or revoke the certification of any Indian retailer who is found
to have submitted misleading, untruthful, or fraudulent information in the retailer's application for
certification.
(b) The Tribal Council may refuse to issue, or may suspend or revoke the certification of any Indian
retailer who has any outstanding cigarette tax pre-collection liability or who is found by Tribal Court to
have violated this chapter or any provision of applicable state cigarette tax law.
(c) Any violation of this ordinance may be punished by a civil forfeiture not to exceed $5,000.00.
All findings of violation of this chapter shall be reported by the Clerk of Court to the Tribal Chairman
and Treasurer.
(d) In addition to a penalty, if any, imposed by the Tribal Court, or suspension or revocation, if any,
imposed by the Tribal Council, the Tribe by its Chairman or Treasurer, may assess an Indian retailer
holding a class I certification 25 cents, and an Indian retailer holding a class II certification cents, for
each carton of unstamped cigarettes sold to a person ineligible to purchase it. Such assessments may
also include simple interest at 1«% per month from the date of the sale, or if the date of the sale cannot
reasonable be estimated, from assessment, the Indian retailer may file a complaint in Tribal Court
seeking review of the assessment.
SECTION 701.10 - EFFECTIVE DATE
This chapter as amended shall be effective on and after July 1, 1991.
CHAPTER 800
Adopted by Resolution No. 8-14-02-324
Exclusion and Removal of Non-Members from the Bad River Reservation
SECTION 800.1 - PURPOSE:
It is the purpose of this Chapter to provide a procedure for excluding and removing non-members from the
Reservation when it is in the best interest of the Band to do so, including the exclusion and removal of
those individuals who act in disregard of tribal or other law, destroy tribal fish and game, trespass upon
tribal trust property, pollute tribal lands and waters, destroy real or personal property of the Band, its
members or Reservation residents, or endanger or harm the natural, social, psychological or physical
well-being of members or other persons on the Reservation.
SECTION 800.2 - SCOPE:
The Bad River Tribal Council is authorized to exclude non-members from the Reservation and to determine
conditions upon which they may remain. Except as provided by this ordinance, all persons, except
those authorized by federal law to be present on tribal land, may be excluded and removed from the Bad
River Reservation or parts thereof. Any person having an interest in real property on the Reservation
may be excluded from any portion of the Reservation as long as he or she is not denied access to or the
use of such property.
SECTION 800.3 - AUTHORITY:
This ordinance is enacted pursuant to Article VI, Section 1(s) of the Constitution and Bylaws of the Bad
River Band of the Lake Superior Tribe of Chippewa Indians and is also based on the Bad River Band’s
sovereignty and inherent power of exclusion.
SECTION 800.4 - SEVERABILITY:
If any portion of this ordinance is found to be invalid for any reason, the remaining portions of this
ordinance shall remain in full force and effect.
SECTION 800.5 - EXCLUSIVE REMEDY:
Exclusion and removal does not prevent, negate or exclude the use of any other remedy or penalty that is
otherwise provided by this Code or other governing federal, state or tribal law.
SECTION 800.6 - DEFINITIONS:
(a) "Exclusion and removal" means the temporary or permanent expulsion of an individual from within the
boundaries of the Bad River Reservation.
SECTION 800.7 - PETITION:
An exclusion and removal action shall be commenced by any member of the Bad River Band or Tribal
Council upon the presentment of an oral or written Petition for Exclusion and Removal in an open
meeting of the Tribal Council. The Petition shall include the name of the individual sought to be
removed and a statement of the reasons which individually or collectively are justifiable cause for
exclusion and removal.
SECTION 800.8 - PERSONAL APPEARANCE:
No individual considered for possible exclusion or removal has any right or privilege to personally appear
before the Tribal Council in either the initial consideration of a Petition for Exclusion and Removal or
in any subsequent appeal of an Order for Exclusion and Removal before the Tribal Council. However,
the Tribal Council may, in its discretion, grant an individual the right to appear before it in either
proceeding.
SECTION 800.9 - GROUNDS FOR EXCLUSION AND REMOVAL:
Upon consideration of a Petition, the Tribal Council may enter an Order of Exclusion and Removal if it
finds that it is in the best interests of the Band to do so. The Tribal Council may consider whether the
individual’s conduct threatens or has some direct effect on the political integrity, institutional process,
economic security, or health or welfare of the Band, its members or Reservation residents. In
determining whether to issue an Order of Exclusion and Removal, the Tribal Council may consider the
number and pattern of acts committed and the history, circumstances and/or significance of each act.
Acts for which an individual may be excluded and removed from the Bad River Reservation may
include but are not limited to the following:
(a) doing or attempting to do any act upon the Reservation which unlawfully threatens the peace, health,
safety, morals or general welfare of the Bad River Band, its members, Reservation residents, or
other persons;
(b) any act causing physical loss or damage of any nature to the property of the Band, any member or
Reservation resident;
(c) entering an area in violation of any order of the Bad River Band or any entity thereof designating
such area as closed;
(d) failing or refusing to pay any taxes, rents or other charges justly due the Bad River Band or any entity
thereof, after reasonable notice and an opportunity to pay, unless such charges or fees are related to an
interest in real property;
(e) mining, prospecting, cutting timber or vegetation or other use, abuse, taking of or damage to tribal
property without authorization;
(f) committing a fraud, to wit: meaning a false representation of a matter of material fact by words,
conduct, false or misleading allegations, or by concealment of a fact which should have been
disclosed which is intended to and does in fact deceive another to his legal injury or detriment.
(g) trading or conducting business within the Reservation in violation of tribal law;
(h) hunting, fishing or trapping without lawful authority or permission or in violation of tribal or federal
law;
(i) disturbing or excavating items, sites or locations of religious, historic or scientific significance
without the authority of the Bad River Band or in violation of tribal or federal law;
(j) failing to obey an order of the Tribal Court; or
(k) committing any criminal offense as defined by state, federal or tribal law.
SECTION 800.10 - STANDARD OF PROOF:
In considering whether justifiable cause exists to exclude and remove an individual from the Reservation,
the Tribal Council must be satisfied by a preponderance of the evidence given the totality of the
circumstances.
SECTION 800.11 - ORDER FOR EXCLUSION AND REMOVAL:
Upon finding that it is in the best interests of the Bad River Band, the Tribal Council shall issue an Order
for Exclusion and Removal. If the individual is not present at such meeting or if a decision is not
rendered until after the meeting, appropriate notice shall be served on the individual, informing him or
her of the action of the Tribal Council. Such notice shall include a copy of the Order for Exclusion and
Removal issued pursuant to this ordinance. The Order shall include the reasons for the decision, the
terms of the exclusion (including duration), and the individual’s appeal rights (including any conditions
under which the individual may return for an appeal of the Order). An Order issued pursuant to this
ordinance shall remain in force for the duration provided in the Order or, unless the Order specifically
provides otherwise, until revoked or modified by the Tribal Council.
SECTION 800.12 - ENFORCEMENT OF ORDERS OF EXCLUSION AND REMOVAL:
Upon the issuance of an Order for Exclusion and Removal, the Tribal Council shall deliver said Order to
any qualified law enforcement officer, who shall thereupon serve notice upon the individual and direct
the individual to obey the Order. If, after the time specified in the Order, the individual does not
comply with the Order, the Tribal Council shall request relief through the appropriate federal, state or
tribal courts:
(a) referring the matter to the Tribal or other prosecutor for appropriate action, including
prosecution or other action authorized under any applicable tribal, federal or state law;
(b) directing any law enforcement officer to remove the individual from the Reservation or portions
of the Reservation covered by the Order at the individual’s expense;
(c) directing law enforcement to remove the individual bodily, using only so much force as is
reasonable and necessary to effect the removal; and
(d) directing any law enforcement officer to prevent the individual from reentry onto any
Reservation lands covered by the Order for so long as the Order remains in effect.
SECTION 800.13 - APPEALS:
Any individual to whom an Order for Exclusion and Removal has been issued pursuant to this ordinance
may appeal such Order to the Bad River Tribal Council. The individual must apply to the Tribal
Council in writing within ten (10) days of his or her receipt of said Order, requesting revocation or
amendment of said Order. Upon receipt of such a request, the Tribal Council shall call a special
meeting for the purpose of allowing the individual to address the Tribal Council regarding the reasons
constituting the justifiable cause for his or her exclusion and removal and to show cause why he or she
should not be excluded and removed from the Reservation. Unless the Tribal Council has specifically
granted the individual the right to personally appear before it in the special meeting, the individual must
set forth his or her position, arguments and proofs in writing and provide same to the Tribal Council in
advance of the special meeting. Appropriate notice of such a special meeting shall be delivered to the
individual not less than five (5) days prior to the meeting. Decisions of the Tribal Council on appeal
shall be final.
CHAPTER 900 - HIRING BY CONTRACTORS IS RESTRICTED
CHAPTER 900 ENACTED BY RESOLUTION #10-3-86-75
SECTION 901.1 - PURPOSE
The purpose of this ordinance is to help provide employment for tribal members living on or near the
reservation who may have skills as laborers, heavy machine operators or in other construction areas.
Often times there are contracts given out for road, bridge and other types of construction in this area.
The idea is to allow for our members participate in such jobs to enable them to be employed and to
instill pride in their work on or near the reservation.
SECTION 901.2 - DEFINITIONS
(a) "Tribe" means the Bad River Band of Lake Superior Tribe of Chippewa Indians.
(b) "Member" means any person who is a member of the Bad River Band of Lake Superior Tribe of
Chippewa Indians.
(c) "Reservation" refers to all lands and roads within the exterior boundaries of the reservation.
(d) "Contract or subcontract" refers to any individual, partnership or company who has been
awarded a contract or subcontract to do road, bridge or other work on the reservation.
(e) "Tribal Personnel Officer" refers to that person who is in charge of the Personnel Office.
SECTION 901.3 - PROHIBITION
(a) No contractor or subcontractor who has been contracted to do road, bridge, or other work on the
reservation shall hire any additional persons needed for the job who is not a member of the Tribe unless
there is no qualified member of the Tribe able to perform such job or jobs.
(b) No contractor or subcontractor shall be deemed to have complied with subsection (a) above
unless (1) they have a statement from the Tribal Personnel Officer stating that they have worked with
the Personnel Office and (2) the statement sets forth whether or not there are qualified members of the
Tribe to perform the job.
SECTION 901.4 - PENALTIES/FORFEITURES
Violation of Section 901.3 of this ordinance shall be subject to the following:
(a) Forfeiture not to exceed $500.00, or
(b) Recession of the contract if possible, or
(c) Barred from receiving future contracts.
SECTION 901.5 - VIOLATION
All violations shall be tried in Tribal or Federal Court.
“Procurement Standards”
Policy No. 150
CHAPTER 920 Bad River Tribal Code
Procurement Standards:
Procurement standards are necessary to ensure that materials and services are obtained efficiently and
economically in compliance with the provisions of applicable Tribal. Federal and State laws to ensure
compliance with contractual provisions of programs, grants, contracts, etc.
A sound procurement system includes systematic procedures for determining which items are needed, based
on technical and specific specifications, regarding quality, quantity, and allocable cost.
A cost/price analysis must be performed before all major purchases and procurement contracts are made.
When appropriate, cost/price analysis must be conducted on lease verses purchase alternatives to
determine which approach would be most feasible and economical.
Compliance with Tribal procurement standards does not relieve the Program Coordinator, or Department
Head, of any contractual responsibilities under its contracts arising out of procurement extended in
support of a grant. These include, but are not limited to, source evaluations, protests, disputes and
claims.
The organization of the procurement function require that each Program Coordinator, and department Head,
perform their own purchasing rather than through a centralized purchasing department. Accordingly, the
responsibilities for following the established procurement procedures rests with the Program
Coordinator and Department Head.
Grantors and members of the Tribe demand accountability over the Tribe’s expenditure of grant funds and
appropriated funds. This accountability is achieved through the budgetary process. The development of
the budget requires the coordinated efforts of the Department Head, Accounting Department, and the
Program Coordinator for which the budgets are being developed. Under the Tribe’s budget system all
expenditures must be approved before the actual disbursement is made. The approval function should
include:
a. Determination that the expenditure does not exceed the allotment
limit.
b. Determination that the purpose of the expenditure is in line with
the purpose detailed in the budget.
c. Proper classification of the expenditure to facilitate recording in
the budget accounts.
The Program Coordinator, Department Head, and Property and Procurement Manager should consider a,
b, and c before approving a purchase or purchase order. The approving Tribal Official should review
the purchase, or purchase order, for a, b, and c before approving.
Before entering into an agreement with a vendor to purchase goods or services, the following procedures
should be followed:
a. Affirmative steps will be taken to assure that small and minority businesses are utilized
when possible as sources of suppliers. Affirmative steps shall include, as examples:
1. Qualified small and minority businesses.
2. Local businesses.
3. Dividing total requirements into smaller tasks or quantities so as to permit maximum
small and minority business participation when economically feasible.
4. If possible, establish delivery schedules which will encourage participation by small
and minority businesses.
5. Services and assistance of the General Services Administration, Small Business
Administration, the Office of Minority Business Enterprise of the Department of
Commerce and the Community Services Administration.
b. All procurement transactions, regardless of whether by sealed bids or by negotiation and
without regard to dollar value, shall be conducted in a manner that provides maximum and
free competition consistent with OMB Circular 102, but without restricting or eliminating
competition. Examples of competitive restrictions are:
1. Unreasonable requirements on firms to qualify to do business.
2. Organizational conflicts of interest.
3. Unnecessary experience and bonding requirements.
c. Depending on the anticipated cost of goods and services to be procured, the appropriate
selection procedure will be followed. These procedures are:
1. Small purchases under $500
2. Small purchases over $500 and under $25,000
3. Competitive sealed bids
4. Competitive negotiation
5. Non-Competitive negotiation
Note: All procurement transactions in excess of $10,000 must abide by the
specifications of Title 25, Chapter 1, 276.12 of the Code of Federal Regulations.
d. No Tribal employee shall participate in selection of the award or administration of a
contract/grant supported by Grantor or Tribal funds if a conflict of interest, real or apparent,
would be involved. Such conflict would arise when an employee or any member of his or
her immediate family, his or her partner, or any of those mentioned above, has a financial or
other interest in the firm selected for award.
Tribal employees shall neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors, potential contractors or parties to sub-agreements. However,
where the financial interest is insubstantial or the gift, if unsolicited item of nominal
intrinsic value, the grantee may accept the offering if non-acceptance would impair the
working relationship with the contractor.
Insubstantial – of little value
Nominal Intrinsic – small dollar value
Note: Any physical, or monetary, item(s) received, regardless of dollar value, becomes property of the
Tribe.
A meal will not be considered a gratuity or favor if during the meal business is conducted and
there is no other reasonable time to meet.
Discounts, credits, frequent flier miles, etc. shall be allowed if they are redeemed for Tribal
purposes. To the extent permitted by Tribal regulations ( Bad River Personnel Policies) and
Federal law, violation of these standards of conduct shall provide penalties, sanctions or
disciplinary actions.
Approved Vendors:
When tribal employees are selecting a vendor to purchase goods or services, the employee should
Consider the following factors:
a. Competitive Price
b. Responsible Supplier
c. Minority, Small, or Indian Business
d. Locally-Owned Business
e. Quality of Product
f. Proof of Insurance (When Contracting)
None of these reasons alone is sufficient justification to use a sole source vendor. Employees should
select a vendor who meets a majority of the above stated criteria, if economically feasible.
An employee should obtain at least two (2) price quotations for all goods and services. This is not costjustified
in the case of relatively small dollar purchases or in the situation where a number of
employees are acquiring similar goods such as supplies, services, the qualitative difference
between firms and offers are equally, if not more, important than the final price.
In cases where a vendor has been removed from the approved tribal “vendor” list, for poor service, or
due to lack of compliance with the approved Tribal purchase regulations ( e.g. Continually
allowing programs to exceed the “Purchase Not to Exceed” amount stated on the approved
purchase order. –OR- Continually allows employees to purchase goods and services, under the
Tribal name, without an approved purchase order or proper tribal officials signatures authorizing
the purchase. –OR- The vendor has been known to give employees kickbacks. Etc.); the
Accounting Department may require the employee to use another vendor for his or her purchase.
Selection Procedures
I Small Purchases under $500
The Program Coordinator may select the supplier of goods or services without the need to
obtain more than one price quote.
II. Small Purchases over $500 and under $25,000
The Program Coordinator must obtain at least three price quotations for goods and services.
Verbal price quotations may be used for purchases of $500 to $1,000. Documentation must be
provided showing a list of vendors contacted and amount specified by each vendor must be
attached to the purchase order when submitting it for approval. Written price quotations are
required whenever the purchase exceeds $1,000. Written confirmation from the supplier must
indicate that the goods or services meet the minimal essential characteristics and standards
necessary to conform to the intended use, as well as the intended terms of delivery and payment.
In the case of good and services which , by their nature, are not readily selected on the basis of
price only, competitive or non-competitive negotiation should be used.
III. Competitive Sealed Bids
Sealed bids are required for all purchases over $25,000 and should be considered for less
expensive procurement when, in the opinion of the Coordinator, it would be in their beat interest
to use this procedure.
Sealed bids are publicly solicited and a firm-fixed price contract is awarded to the responsible
bidder whose bid, meets the terms and conditions of the Invitation for Bids.
Appropriate conditions must be present in order for formal advertising to be feasible, including,
as a minimum:
a.
A complete, adequate and realistic specification or purchase description is available.
b. Three (or more) responsible suppliers are willing and able to compete effectively for the
Tribe’s business.
c. The procurement lends itself to a firm0fixed price contract, and selection of the successful
bidder can be made principally on the basis of price.
The following requirements must apply:
a. The invitation for Bids must be publicly advertised.
Note: The Procurement Officer must insure that each Invitation to Bids is thoroughly reviewed
prior to its issuance to detect and correct discrepancies or ambiguities which would limit
competition or result in the receipt of non-responsive bids.
b. Bids must be solicited from an adequate number of known suppliers in a sufficient
amount of time prior to the date set for the opening of the bids.
Note: Bidding time must not be less than twenty (20) calendar days when procuring standard
commercial article for service.
c. The Invitation for Bids must clearly define the items or services needed in order for
potential bidders to properly respond to the invitation for bids.
d. All sealed bids must be received by the Executive Secretary and must be properly
marked “Sealed Bid” on the outside of the envelope to ensure the bid will not be opened
prior to the time of public opening. The time and date of receipt must be acknowledged.
For the safeguarding of bids, all bids will remain unopened in a locked file until the
specified time for the bid opening.
e. All bids will be opened publicly at the time and place stated in the Invitation for Bids.
Note: When bids are opened the following steps should be taken:
1) All bids will be read aloud to persons present. If it is impracticable to read the entire
bid, the total amount of the bid, and relevant factors, will be read.
2) The bid opening date, general description of the procurement items(s), service(s),
names of the bidders, price bid and other information required for bid evaluation.
Will be recorded, except in the case of classified procurement, and will be available
for public inspection.
f. The successful bidder on a firm-fixed price contract award will be notified by written
notice within ten (10) calendar days following the acceptance of the bid.
g. All provisions of the Invitation for Bids, must be clearly and accurately set forth in the
award document, since the award is an acceptance of the bid and the bid and award
constitute the contract.
h. All unsuccessful bidder must be notified within ten (10) calendar days following the
rejection or acceptance, of one or more of the bids received.
i. Any or all bids may be rejected when in the best interest of the Tribe.
IV. Competitive Negotiation
In competitive negotiation, proposals are requested from a number of sources and negotiations are
normally conducted with more than one of the sources submitting offers, and either a fixed-price
or cost-reimbursable type contract is awarded. Competitive negotiation may be used if
conditions are not appropriate to use “ Small Purchases Over $500 and Under $25,000”
procedures or “Competitive Sealed Bid” procedures. If competitive negotiation is used for
procurement, the following requirements shall apply:
a. The decision to use competitive negotiation must be jointly made by the Program
Coordinator and Department Head.
b. Requests for proposals must be solicited from an adequate number of qualified sources
to permit reasonable competition consistent with the nature and requirements of the
procurement.
c. Request for proposals must identify all significant evaluations factors.
d. The Program Coordinator must provide mechanisms for technical evaluation of the
proposals received and the evaluation of competence of the vendors.
e. The Program Coordinator and Department Head will jointly select the vendor whose
proposal will be most advantageous to the procuring party, price and other factors will
be considered.
f. All unsuccessful vendors must be notified within ten (10) calendar days following the
rejection, or acceptance, of one or more, of the proposals received.
Note: Upon request, unsuccessful vendors whose prices were lower than those of the
contractor which received the award shall be furnished the reason why their
proposals were not accepted.
Under no circumstances shall the vendor’s cost breakdown, profit, overhead
rates, trade secrets, or other confidential business information be disclosed to any
other negotiated vendor.
Note: Competitive negotiations procedures may be used for the procurement of professional
services in which the competitors qualifications are evaluated and the most qualified
competitor is selected.
V. Non-Competitive Negotiation
Non-competitive negotiation is procurement through solicitation of a proposal from only one source or,
after solicitation of a number of sources, competition is determined inadequate. Noncompetitive
negotiation may be used when the award of a contract is infeasible under small
purchase, competitive bidding (formal advertising) or competitive negotiation procedures.
Circumstances under which a contract may be awarded by non-competitive negotiation are
limited to the following:
a. The item is available on from a single source.
b. Competitive solicitation is not required in a public emergency when the requirement will
not permit delay.
c. The grantor agency authorized non-competitive negotiation: or
d. After solicitation of a number of sources, competition is determined inadequate.
The use on non-competitive negotiation requires the joint approval of the Program Coordinator
and Department Head.
Use of this method of procurement is limited to circumstances outlines in OMB A-102.
The Department Head must maintain records in detail to comply with the above selection
procedures; examples would be written quotations, written approval from the Program
Coordinator in the case of competitive and non-competitive negotiation, and the
rationale for the contractor selection or rejection.
Documentation of Procurement
Once the vendor/contractor has been selected, the procurement is finalized by a contract and
evidence by issuance, and approval, of a purchase order. Two copies of contracts can be
used.
a. Fixed-Price
b. Cost-Reimbursable
With a fixed-price contract, the contract price and scope of work is set at the time of the award,
and the work must be performed for that price. Cost-reimbursable contracts take two
basic forms; cost or labor hour. Under the cost type, the contractor bills the Tribe for
actual cost incurred plus a fixed fee. Under labor hour contracts, billings are presented in
terms of actual hours worked, by rates set forth in the contract.
There is a significant distinction between fixed-price and cost reimbursable contracts. Under a
fixed-price contract, the contractor must complete the work called for irrespective of the
accuracy of his/her initial estimate of cost or effort involved. Under cost-reimbursable
contracts, however, the dollar magnitude of the effort is considered to be an estimate
only, and the contractor is under no obligation to incur cost or to expend man hours
beyond those set forth in the contract without an appropriate increase in the contract
value.
The cost plus a percentage of cost and percentage of construction cost method of contracting
shall not be used. Generally, if the total cost contemplated is less than $10,000, the Tribe
may elect to award the work or purchase by use of a purchase order rather than a
contract. However, purchase of goods and services using the selection procedures of
competitive sealed bids, competitive negotiation and non-competitive negotiation will
require the use of a contract. If the contract is less than $10,000, the form and content is
determined by the two parties to the contract. If the contract is in excess of $10,000
($2,000 in the case of certain construction contracts), the following conditions must be
present:
a. Contracts other than small purchases shall contain provisions or conditions which will
allow for administrative, contractual or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as may be
appropriate.
b. All contracts in excess of $10,000 shall contain suitable provisions for termination by
the contractor / grantee including the manner by which it will be effected and the basis
for settlement. In addition, such contracts shall state the conditions upon which a
contract may be terminated for default as well as conditions where the contract may be
terminated because of circumstances beyond the control of the contractor.
c. All contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees
shall contain a provision requiring compliance with “Equal Employment
Opportunity” provision of the Department of Labor Regulation (41 CFR, Part 60).
d. All contracts and sub-grants for construction or repair shall include a provision for
compliance with the Copeland “Anti-Kickback” Act (18 USC 874) as supplement in
Department of Labor regulations (29 CFR, Part 3). The Act provides that each contractor
or sub-grantee shall be prohibited from inducing, by any means, any person employed in
the construction, completion or repair of public work, to give up any part of the
compensation to which he/she is otherwise entitled. The grantee shall report all
suspected or reported violations to the grantee agency.
e. When required by the Federal Grant Program Legislation, all construction contracts in
excess of $2,000 awarded by grantees and sub-grantees shall include provisions for
compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by the
Department of Labor regulations (29 CFR, Part5). Under this Act, contractors shall be
required to pay wages to laborers and mechanics at a rate not less than the minimum
wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors shall be required to pay not less often than once a week. The grantee shall
place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. The grantee shall report all suspected or reported
violations to the grantor agency.
f. Where applicable, all contracts awarded by grantees and sub-grantees in excess of
$2,000 for construction contracts and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers shall include a provision for
compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 USC 327-330) as supplemented by the Department of Labor regulation (29 CFR,
Part 5). Under Section 103 of the Act, each contractor shall be required to compute the
wages of every mechanic and laborer on the basis of standard work day of 8 hours and a
standard work week of 40 hours. Work in excess of the standard work day or work week
is permissible provided that the worker is compensated at a rate of not less the 1-1/2
times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day
or 40 hours in the work week. Section 107 or the Act is applicable to construction work
and provides the no laborer or mechanic shall be require to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous to his/her health
and safety as determined under construction, safety and health standards promulgated by
the Secretary of Labor. These requirements do not apply to purchases of supplies,
materials, articles ordinarily available on the open market or contracts for transportation
or transmission of intelligence.
g. The contract shall include notice of grantor agency requirements and regulations
pertaining to reporting the patents rights under any contract involving research,
developmental, experimental, or demonstration work with respect to any discovery or
invention which arises or is developed in the course of or under such contract and
grantor agency requirements and regulations pertaining to copyrights and rights in data.
h. All negotiated contracts (except those awarded by small purchase procedures) awarded
by grantees shall include a provision to the effect that the grantee, the Federal grantor
agency, the Comptroller General of the United States or any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the
contractor which are directly pertinent to that contract for the purpose of making audit,
examination, excerpts and transactions.
i. Contracts, sub-contracts and sub-grants of the amounts in excess of $100,000 shall
contain a provision which requires compliance with all applicable standards, orders or
requirements issued under Section 306 of the Clean Air act (42 USC 1857 (h)), Section
508 of the Clean Air Act (33 USC 1368) and the Environmental Protection Agency
Regulations (40 CFR, Part 15), which prohibit the use under nonexempt Federal
contracts, grants or loans of facilities. The provision shall require reporting of violations
to the grantor agency and to the USEPA Assistant Administrator for Enforcement (EN-
329).
j. Contract shall recognize mandatory standards and policies relating to energy efficiency
which are contained in the State Energy Conservation Plan issued in compliance with the
Energy Policy and Conservation Act (P. L. 94-163).
CHAPTER 1000
ESTABLISHMENT AND OPERATION OF THE
BAD RIVER TRIBE POLICE COMMISSION
Adopted pursuant to Resolution #10-25-01-174 Amended pursuant to Resolution #10-20-03-168
Amended pursuant to Resolution # 6-24-04-291
SECTION 1000.1
PURPOSE: The purpose behind the creation of a Tribal Police Commission is to provide oversight of tribal
police operations, approve policy and procedure, assist in the tribal budgeting process where necessary,
and provide direction for the police force. The safety and security of the Bad River Tribe requires a full
time professional police force to operate on reservation with the cooperation of the membership, local
community, Tribal leadership, state, county and neighboring communities. Effective oversight and
communication concerning all aspects of the police force operations is essential. It is critical that day to
day operations be kept separate and distinct from the oversight of the operation of the police
departments and that the interjection of political influences be kept out of the operation of the tribal
police force.
SECTION 1000.2
SCOPE: This ordinance is applicable to Bad River Tribal Police Commission as it relates to the oversight
responsibility of the Bad River Police Departments.
SECTION 1000.3
AUTHORITY: This ordinance is enacted pursuant to Article VI, Section 1(m) and (q) of the Constitution and
Bylaws of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 1000.4
SEVERABILITY: If any portion of this ordinance is found to be invalid for any reason, the remaining
portions of this ordinance shall remain in effect.
SECTION 1000.5
ESTABLISHMENT AND COMPOSITION:
(A) Establishment of Police Commission
The Bad River Tribe hereby establishes an entity to be known as the Bad River Tribal Police
Commission whose sole purpose shall be to oversee the conduct and operations of the Bad River Police
Force.
(B) Composition of Police Commission
The Commission shall consist of seven permanent members. One member shall be from the Ashland
County Sheriff, and one member from the Wisconsin Department of Corrections Ashland Office, each
of whom shall hold permanent seats on the commission and shall be non-voting members of the
commission. The five remaining members shall be Bad River Tribal members appointed by the Bad
River Tribal Council to serve a five year term. Tribal non-permanent seats shall be set at two year
intervals so that the terms of all non-permanent members do not expire at the same time. Tribal
appointees shall be eligible for reappointment. Members of the police commission may not
simultaneously serve as members of the Tribal Council. Tribal member appointees must reside within
the exterior boundaries of the Bad River Reservation and be at least twenty-one years of age. No current
employee of the Bad River Police Department may serve on the Bad River Police Commission.
SECTION 1000.6
REMOVAL
Members of the police commission may be removed by the Tribal Council for serious misconduct.
Members shall not be removed except after given a fair and impartial hearing including the opportunity
to respond to and rebut specific allegation or allegations of misconduct. Members facing removal shall
be afforded due process including the right to present reliable evidence and witnesses, confront adverse
witnesses with cross-examination and be represented by counsel at no expense to the Band. An
affirmative vote of at least five Tribal Council members after the close of a hearing is required to
remove a member of the police commission.
SECTION 1000.7
SUBSTITUTIONS
If a member to the police commission is removed, resigns or is otherwise no longer a member of the
commission, he or she shall be replaced by his or her successor in the case of a permanent member, or
reasonable substitute at the discretion of the Tribal Council if necessary, or succeeded by a new
appointment by the Tribal Council. When applicable, new appointees appointed pursuant to this section
shall serve out the original term of their predecessor.
SECTION 1000.8
EXPENSES/STIPENDS
Members of the police and fire commission are authorized reimbursements for costs associated with
official police business and shall be paid reasonable stipends. The Tribal Council shall authorize a
sufficient amount of funding to meet the budgeted needs of the police commission.
SECTION 1000.9
REPORTS
The police commission shall be invited to meet with the Tribal Council at least once per year and from
time to time as necessary so as to report any information deemed important.
SECTION 1000.10
OVERSIGHT POWERS AND DUTIES
A. Oversight
It shall be the duty of the police commission to meet at least quarterly, and more frequently if
necessary so as to perform the following:
1. Review the Bad River Police Chief’s quarterly reports to the police commission
2. Review all or selected police reports generated by the Bad River Police Department
3. Review any complaints lodged against the police department and take or direct any necessary action.
4. Direct corrective action to the Bad River Police Chief concerning any deficiencies that are apparent
with the police department.
5. Ensure that the Bad River Tribal police department is acting in the best interests of the Band and is
performing its duties in the most professional and effective manner possible.
6. Review financial status quarterly.
B. Powers
B. The police commission shall have the following powers:
1. The authority to access the police department announced or unannounced.
2.The authority to review all department reports, records, financial documents, policies and procedures.
3.The authority to hire, fire and reappoint department personnel.
4.The authority to suspend and discipline all department personnel consistent with the appropriate
personnel policies and procedures regulations.
5. The authority to grant pay increases, bonuses and promotions for department personnel.
6. The authority to review all delegated purchases by the departments and have approval authority for
those purchases over $1,000.00.
7. The authority to review and revise department budget requests.
8. The authority to direct, review, and revise law enforcement grant applications for the departments.
9. The authority to review, revise and implement department policies and procedures so long as such
policies and procedures are not inconsistent with the terms and conditions of any agreement entered
into by the Band on behalf of the department.
10.Subject to the approval of the Bad River Tribal Council, the authority to negotiate any necessary
memorandums of agreement and understanding, contracts and insurance on behalf of the department.
11.The authority to conduct internal investigations of police misconduct or to hire outside experts to do
the same.
12. The authority to grant or deny leave requests, approve or disapprove work time documentation,
authorize any form of appropriate payment to department personnel.
13. The authority to be the final arbitrator in all fire and police department personnel issues to include
grievances.
SECTION 1000.11
BY-LAWS
The police commission shall operate under the procedures listed below but may establish by-laws and
procedures for the operation of the organization not inconsistent with those set forth in this section.
1. A quorum shall consist of at least three members.
2. A tape recording of all official meetings shall be made and kept for a period of at least two
years.
3. Official Meetings do not have to be noticed nor made public.
4. Official actions shall be carried or defeated by majority vote.
5. Roberts Rules of Order shall be generally followed at all official meetings.
6. Tape recordings of official meetings shall be provided to the Tribal Council upon demand but do not
have to be provided to the public. The Tribal Council is empowered to release copies of the tape
recordings or transcripts thereof to the public upon reasonable request. Reasonable and prudent
attempts must be made to protect the privacy and safety of individuals concerned with the release of any
tape recording or transcript requested under this ordinance.
7. A chair and vice-chair shall be selected from within the members to officiate at meetings.
8. A secretary shall be selected from within the members to be responsible for producing and
maintaining records of official meetings, minutes and so forth.
BAD RIVER BAND OF THE LAKE SUPERIOR TRIBE
OF CHIPPEWA INDIANS
CHAPTER 1000 -- WINTER PARKING ORDINANCE
Adopted Pursuant to Resolution 11-6-91-160.
Section 1000.01 - Purpose. The purpose of this Ordinance is to protect the public health, safety and welfare
of Bad River Reservation residents and visitors by regulating vehicular parking during winter months.
Section 1000.02 - Authority. This Ordinance is adopted pursuant to the Bad River CONST. art. VI, § 1(q);
and Tribal Resolution 11-6-91-160.
Section 1000.03 - Effective Date. This Ordinance shall take effect upon its adoption by resolution by the
Tribal Council.
Section 1000.04 - Construction. This Ordinance shall be interpreted to comport with the customs and
traditions of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
Section 1000.05 - Definitions. For purposes of this Ordinance, the following definitions shall apply:
(a) "Ticketing Official” means any Bad River Tribal Law Enforcement Officer, to include Bad River Snow
Plow Operators authorized by the Bad River Garage Supervisor to issue tickets for non-compliance
with this ordinance.
(b) “Class 1 Road” means all Bad River Community Streets; including: Maple Street, Kinnickinick Street,
Oak Street, Birch Street, Pine Street, Elm Street, Evergreen Street, Caville Road, Old Odanah Road,
Kakagon Street, Birch Hill Court, Sand Pit Road, Fire Break Road, Plantation Lane, Red Pine Lane,
Birch Lane, Clear Cut Drive, Moccasin Trail, West Denomie Street, Fire Hall Lane, Butterfield Road,
and Lemieux Road.
(c) “Class 2 Road” means all Bad River Tribal Roads other than those listed above in Subsection b.
including: Lake Birch Road, Pine Flats Road, Potato River Road, and Cemetery Road.
Section 1000.06 - Severability and Non-Liability.
(a) If any section, provision or portion of this Ordinance is adjudged to be
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall
not be effected thereby.
(b) The Tribe declares that there is no liability on the part of the Tribe, its agencies,
agents, or employees for any damage which may occur as a result of reliance upon or conformance with
this Ordinance.
Section 1000.07 - Parking prohibited in certain specified places.
(a) No person shall stop or leave any vehicle standing on any Class 1 road within the confines of the
Bad River Reservation from November 1, to April 30, except temporarily for the purpose of and while
actually engaged in loading or unloading, or in receiving or discharging passengers and while the
vehicle is attended by a licensed operator so that it may promptly be moved to avoid obstruction of
snowplow traffic.
(b) No person shall stop or leave any vehicle standing on any Class 2 road within the confines of the
Bad River Reservation for a period longer than 24 hours from November 1, to April 30.
Section 1000.08 - Enforcement.
(a) Any Ticketing Official may issue a citation to any Tribal member or non-member if the
Ticketing Official reasonably believes that such person has breached a provision of this Ordinance.
(b) Any Ticketing Official may authorize the removal of any vehicle in violation of this
ordinance by having the vehicle towed at the owner’s expense, including any impound charge.
Section 1000.09 - Penalties. Any person who violates the provisions of this Ordinance shall be
subject to the following penalties:
Any person violating a provision of § 1000.07 shall be required to forfeit $30.00 for a first
offense, $45.00 for a second offense and $60.00 for a third or subsequent offense within a two year
period.
Section 1000.10 - Jurisdiction. Jurisdiction is hereby conferred upon the Bad River Tribal Court
over all matters related to the enforcement of this Ordinance.
HEALTH AND DISABILITY BENEFITS [WORKER’S COMPENSATION]
CHAPTER 1100
Adopted Pursuant to Bad River Tribal Council Resolution 12-05-01-195
Section 1100.1 Purpose
The Bad River Tribal Council may authorize the Tribe to offer health and/or disability insurance,
including at its option, opting into the State of Wisconsin Worker’s Compensation system, to all full
time employees, as defined in the Bad River Personnel and Policy Manuel, of the Bad River Tribe
including its enterprises.
Section 1100.2 Exclusive Remedy
If the Tribe elects to offer health and disability benefits to Tribal employees, such benefits shall be
the sole and exclusive remedy for claims and compensation resulting from any work related injury or
illness. If the Tribe elects to offer a comprehensive health insurance coverage to its employees for offduty
injury or illness, the benefits and coverage contained in the policy shall be the exclusive remedy
for claims and compensation resulting from any non-work related injury or illness. If the Tribe opts not
to offer health and/or disability insurance to its employees then there shall be no remedy available from
the Tribe for injury sustained at the work place.
Section 1100.3 Index
1100.1 Purpose
1100.2 Exclusive remedy
1100.3 Index
1100.4 Definitions.
1100.5 Conditions of liability.
1100.6 Joint liability of employer and contractor.
1100.7 Employee defined.
1100.8 Health benefits
1100.9 Temporary disability
1100.10 Earnings, method of computation
1100.11 Notice of injury, exception, laches.
1100.12 Fraudulent claims reporting and investigation.
1100.13 Examination; competent witnesses; exclusion of evidence; autopsy.
1100.14 Rules of procedure; transcripts.
1100.15 Submission of disputes, contributions by employees.
1100.16 Procedure; notice of hearing; witnesses, contempt; testimony, medical
examination.
1100.17 Apportionment of liability.
1100.18 Findings, orders and awards.
1100.19 Employees confined in institutions; payment of benefits.
1100.20 Judicial review.
1100.21 Appeal from judgment on award.
1100.22 Fees and costs.
1100.23 Third party liability.
1100.24 Other insurance not affected; liability of insured employer.
1100.25 Department forms and records; public access.
1100.26 Maximum limitations.
1100.27 Benefits payable to minors; how paid.
1100.28 Death benefit.
1100.29 Burial expenses.
1100.30 Decreased compensation.
1100.31 Sovereign Immunity
1100.4 Definitions.
(1) This chapter may be referred to as the “Worker’s Compensation Ordinance” and allowances,
recoveries and liabilities under this chapter constitute “Worker’s Compensation”.
(2) In this chapter:
(a) “Compensation” means worker’s compensation.
(b) “Injury” means mental or physical harm to an employee while working in the scope of their
employment caused by accident or disease, and also means damage to or destruction of artificial
members, dental appliances, teeth, hearing aids and eyeglasses, but, in the case of hearing aids or
eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury
entitling the employee to compensation therefor either for disability or treatment.
(c) “Order” means any decision, rule, regulation, direction, requirement or standard of the Tribal
Council or Tribal Court.
1100.5 Conditions of liability. (1) Liability under this chapter shall exist against an employer only
where the following conditions concur:
(a) Where the employee sustains an injury.
(b) Where, at the time of the injury, both the employer and employee are subject to the provisions of
this chapter.
(c) 1. Where, at the time of the injury, the employee is performing service growing out of and
incidental to his or her employment.
2. Any employee going to and from his or her employment in the ordinary and usual way, while on
the premises of the employer, or while in the immediate vicinity thereof if the injury
results from an occurrence on the premises, any employee going between an employer’s designated
parking lot and the employer’s work premises while on a direct route and in the ordinary and usual way
or any fire fighter or municipal utility employee responding to a call for assistance outside the limits of
his or her city or village, unless that response is in violation of law, is performing service growing out
of and incidental to employment.
3. An employee is not performing service growing out of and incidental to his or her employment
while going to or from employment in a private or group or employer–sponsored car pool, van pool,
commuter bus service or other ride–sharing program in which the employee participates voluntarily and
the sole purpose of which is the mass transportation of employees to and from employment. An
employee is not performing service growing out of and incidental to employment while engaging in a
program designed to improve the physical well–being of the
employee, whether or not the program is located on the employer’s premises, if participation in the
program is voluntary and the employee receives no compensation for participation.
4. The premises of the employer include the premises of any other person on whose premises the
employee performs service.
5. To enhance the morale and efficiency of Tribal employees and attract qualified personnel to the
work for the Band, it is the policy of the Bad River Band that the benefits of this chapter shall
extend and be granted to employees in the service of the Band:
(a) Where the injury is not intentionally self–inflicted.
(b) Where the accident or disease causing injury arises out of the employee’s employment.
(c) Every employee whose employment requires the employee to travel shall be deemed to be
performing service growing out of and incidental to the employee’s employment at all times while on a
trip, except when engaged in a deviation for a private or personal purpose. Acts reasonably necessary
for living or incidental thereto shall not be regarded as such a deviation. Any accident or disease arising
out of a hazard of such service shall be deemed to arise out of the employee’s employment.
(d) Members of the Tribal Council are covered by this chapter when they are engaged in performing
their duties as Tribal Council members including:
1. While performing services growing out of and incidental to their function as Tribal Council
members;
2. While performing their official duties as members of committees or other official bodies created
by the Tribal Council;
3. While traveling to and from the Chief Blackbird Center to perform their duties as Tribal Council
members; and
4. While traveling to and from any place to perform services growing out of and incidental to their
function as Tribal Council members, regardless of where the trip originated, and including acts
reasonably necessary for living but excluding any deviations for private or personal purposes except
that acts reasonably necessary for living are not deviations.
(2) Where such conditions exist the right to the recovery of compensation under this chapter shall
be the exclusive remedy against the employer, any other employee of the same employer and the
worker’s compensation insurance carrier. This section does not limit the right of an employee to bring
action against any co-employee for an assault intended to cause bodily harm, or against a co-employee
for negligent operation of a motor vehicle not owned or leased by the employer.
(3) Providing or failing to provide any safety inspection or safety advisory service incident to a
contract for worker’s compensation insurance or to a contract for safety inspections or safety
advisory services does not by itself subject an insurer, an employer, an insurance service
organization, or any agent or employee of the insurer, employer, insurance service organization to
liability for damages for an injury resulting from providing or failing to provide the inspection or
services.
(4) The right to compensation and the amount of the compensation shall in all cases be determined
in accordance with the provisions of a tribal health and disability insurance policy in effect as of the
date of the injury.
5) If an employee of the Band, while working outside the territorial limits of this Band, suffers an
injury on account of which the employee, or in the event of the employee’s death, his or her dependents,
would have been entitled to the benefits provided by this chapter.
1100.6 Joint liability of employer and contractor. An employee shall not recover compensation
for the same injury from more than one party. If the Band pays compensation to an employee it may
recover the same from the other employer for whom the employee was working at the time of the injury
if such contractor, subcontractor or other employer was an employer as
defined herein above.
1100.7 Employee defined. “Employee” as used in this chapter means:
(a) Every person, including all officials, in the service of the Band whether elected or under
any appointment, or express contract of hire, and whether a resident or employed or injured within
or outside the boundaries of the Reservation.
(b) Every member of the Bad River Police Department or Volunteer Fire Department or Ambulance
Service.
(c) An independent contractor is not an employee of an employer for whom the independent
contractor performs work or services if the independent contractor meets all of the following
conditions:
1. Maintains a separate business with his or her own office, equipment, materials and other
facilities.
2. Holds or has applied for a federal employer identification number with the federal internal
revenue service or has filed business or self–employment income tax returns with the federal internal
revenue service based on that work or service in the previous year.
3. Operates under contracts to perform specific services or work for specific amounts of money and
under which the independent contractor controls the means of performing the services or
work.
4. Incurs the main expenses related to the service or work that he or she performs under contract.
5. Is responsible for the satisfactory completion of work or services that he or she contracts to
perform and is liable for a failure to complete the work or service.
6. Receives compensation for work or service performed under a contract on a commission or per
job or competitive bid basis and not on any other basis.
7. May realize a profit or suffer a loss under contracts to perform work or service.
8. Has continuing or recurring business liabilities or obligations.
9. The success or failure of the independent contractor’s business depends on the relationship of
business receipts to expenditures.
10. The Tribal Council may by resolution, prescribe classes of volunteer workers who may, at the
election of the person for whom the service is being performed, be deemed to be employees for the
purposes of this chapter.
11. A juvenile performing uncompensated community service work as a result of a disposition
ordered by the Bad River tribal Court is considered an employee No compensation may be paid to that
employee for temporary disability during the healing period.
12. An adult performing uncompensated community service work under is considered an employee
of the Band No compensation may be paid to that employee for temporary disability during the healing
period.
13. A prisoner of a county jail who is assigned to the Huber Program who performs compensated
work for the Band is considered an employee of the Band.
14. A participant in a trial job or on probation is considered an employee of the Band and shall
receive benefits under this chapter from the date of hire so long as he or she is otherwise eligible under
this chapter.
1100.8 Health Benefits The Tribal Council, in its discretion may contract with an insurance carrier
or offer a self-insured health insurance benefit plan to its employees. The health insurance plan, if any,
shall constitute the health benefit made available by the Band to employees for work related injuries
injured workers.
1100.9 Temporary Disability The Tribal Council may, in its discretion, contract with a insurance
carrier or offer a self-insured disability benefit to its employees. The disability plan, if any, shall
constitute the health benefit made available by the Band to employees for disability compensation.
1100.10 Earnings, method of computation. The method of calculating disability payments shall
be established by the Tribal Council and promulgated in the disability policy, if any, sponsored by the
Band.
1100.11 Notice of injury, laches. Eligibility for a claim for compensation is contingent upon an
employee qualifying for health coverage and/or disability compensation. Criteria for qualification shall
be approved by the Tribal Council and all benefits and eligibility requirements for compensation will be
published and made widely available to all employees. At a minimum, the criteria shall include policies
and procedures for timely notice from the employee to the Band of injury. The notice shall, at a
minimum, include the date, time, nature of injury, and place of injury and any potential or actual
witnesses to the injurious event. The notice shall be signed by the employee’s supervisor. Further
policies and procedures may be developed to supplement the above minimum requirements. Regardless
of whether notice was received, if no payment of compensation, other than medical treatment or burial
expense, is made, and no application is filed within 2 years from the date of the injury or death, or from
the date the employee or his or her dependent knew or ought to have known the nature of the disability
and its relation to the employment, the right to compensation therefore is barred, except that the right to
compensation is not barred if the employer knew or should have known, within the 2–year period, that
the employee had sustained the injury on which the claim is based. Issuance of notice of a hearing on
the Band’s own motion has the same effect for the purposes of this section as the filing of an
application.
1100.12 Fraudulent claims reporting and investigation.
(1) If the Band, or an insurer has evidence that a claim is false or fraudulent the claim shall be
denied and the tribal benefit specialist shall report the matter to the Tribal Council within 10 business
days. The Band may require an insurer or otherwise qualified person to investigate an allegedly false or
fraudulent claim and may provide the Band with any records of the relating to that claim. An insurer
investigating a claim under this sub-section shall report on the results of that investigation to the Band.
If based on the investigation, the Band has a reasonable basis to believe that a violation of a state or
federal criminal code has occurred, the Band may refer the results of the investigation to the U.S.
Attorney or Ashland County District Attorney for prosecution.
(2) Annually, the Tribal Benefit Specialist shall submit a report to the Tribal Council detailing the
number of claims filed under this chapter the previous year including fraudulent claims and the nature
of the disposition.
1100.13 Examination; competent witnesses; exclusion
of evidence; autopsy. (1.) (a) Whenever compensation is claimed by an employee, the employee
shall, upon the written request of the Band or insurer, submit to reasonable examinations by physicians,
chiropractors, psychologists, dentists or podiatrists provided and paid for by the Band or insurer. A
claim may be denied if an employee refuses to submit to an examination under this paragraph..
(b) When compensation is claimed for loss of earning capacity the employee shall, on the written
request of the Band, submit to reasonable examinations by vocational experts provided and paid for by
the Band.
(c) The employee is entitled to have a physician, chiropractor, psychologist, dentist or podiatrist
provided by himself or herself present at the examination and to receive a copy of all reports of the
examination that are prepared by the examining physician, chiropractor, psychologist, podiatrist, dentist
or vocational expert immediately upon receipt of those reports by the Band or insurer. The Band’s
written request for examination shall notify the employee of all of the following:
1. The proposed date, time and place of the examination and the identity and area of specialization
of the examining physician, chiropractor, psychologist, dentist, podiatrist or vocational expert.
2. The procedure for changing the proposed date, time and place of the examination.
3. The employee’s right to have his or her physician, chiropractor, psychologist, dentist or podiatrist
present at the examination.
4. The employee’s right to receive a copy of all reports of the examination that are prepared by the
examining physician, chiropractor, psychologist, dentist, podiatrist or vocational expert
immediately upon receipt of these reports by the employer or insurer.
(d) So long as the employee, after a written request from the Band or insurer which complies with
par. (c), refuses to submit to or in any way obstructs the examination, the employee’s right to begin or
maintain any proceeding for the collection of compensation is suspended. If the employee refuses to
submit to the examination after direction by the Band or in any way obstructs the examination, the
employee’s right to the weekly indemnity which accrues and becomes payable during the period of that
refusal or obstruction, is barred. Subject to paragraph (e):
1. Any physician, chiropractor, psychologist, dentist, podiatrist or vocational expert who is present
at any examination under par. (a) may be required to testify as to the results thereof.
2. Any physician, chiropractor, psychologist, dentist or podiatrist who attended a worker’s
compensation claimant for any condition or complaint reasonably related to the condition for
which the claimant claims compensation may be required to testify before the Tribal Council when
it so directs.
3. Notwithstanding any chapter provisions except par. (e), any physician, chiropractor, psychologist,
dentist or podiatrist attending a worker’s compensation claimant for any condition or complaint
reasonably related to the condition for which the claimant claims compensation may furnish to the
employee, Band, insurer reports relative to a compensation claim.
4. The testimony of any physician, chiropractor, psychologist, dentist or podiatrist who is licensed to
practice where he or she resides or practices in any state and the testimony of any vocational
expert may be received in evidence in compensation proceedings.
(e) No person may testify on the issue of the reasonableness of the fees of a licensed health care
professional unless the person is licensed to practice the same health care profession as the professional
whose fees are the subject of the testimony.
(2) (a) An employee who reports an injury alleged to be work-related or files an application for
hearing waives any physician–patient, psychologist–patient or chiropractor–patient privilege
with respect to any condition or complaint reasonably related to the condition for which the
employee claims compensation. Any physician, chiropractor, psychologist, dentist, podiatrist, hospital
or health care provider shall, within a reasonable time after written request by the employee, employer,
worker’s compensation insurer or Band or its representative, provide that person with any information
or written material reasonably related to any injury for which the employee claims compensation.
(b) A physician, chiropractor, podiatrist, psychologist, dentist, hospital or health service provider
shall furnish a legible, certified duplicate of the written material requested under par. (a) upon
payment of the actual costs of preparing the certified duplicate, not to exceed the greater of 45 cents
per page or $7.50 per request, plus the actual costs of postage. Any person who refuses to provide
certified duplicates of written material in the person’s custody that is requested under par. (a) shall be
liable for reasonable and necessary costs including reasonable attorney fees.
(3) (a) If 2 or more physicians, chiropractors, psychologists, dentists or podiatrists disagree as to the
extent of an injured employee’s temporary disability, the end of an employee’s healing period, an
employee’s ability to return to work at suitable available employment or the necessity for further
treatment or for a particular type of treatment, the Band may appoint another physician, chiropractor,
psychologist, dentist or podiatrist to examine the employee and render an opinion as soon as possible.
The Band shall promptly notify the claimant of this appointment.
(b) If the employee has not returned to work, payment for temporary disability shall continue until
the terms regarding length of disability payments expires or the Band receives the opinion. The Band or
its insurance carrier or both shall pay for the examination and opinion. The Band or insurance carrier or
both shall receive appropriate credit for any overpayment to the employee.
1100.14 Rules of procedure; transcripts. (1) All testimony at any hearing held under this chapter
shall be recorded by a recording machine.
1100.15 Submission of Claims All claims made by employees for compensation under this chapter
shall be submitted to the Tribal Benefit Specialist who shall review the claim for evaluation of
eligibility of payment. The Tribal Benefit Specialist shall evaluate each claim for payment of benefits
based on the eligibility criteria and available benefits established in this chapter and the health and
disability plan which may be adopted by the Band. The Tribal Benefit Specialist shall promptly
evaluate all claims and either pay out health and/or disability benefits to eligible employees or deny
such claims. A complete explanation of benefits, or in the case of a denial of benefits statement shall
be forwarded to the employee.
1100.16 Disputes, Procedure; notice of hearing; witnesses, contempt;
testimony, medical examination. (1) (a) Employees who dispute either the amount and nature of
the benefit offered, or are denied benefits by the Tribal Benefit Specialist shall file a dispute as outlined
under this section. The Band may bring in additional parties by service of a copy of the application.
The Band shall cause notice of hearing on the application to be given to each party interested, by
service of such notice on the interested party personally or by mailing a copy to the interested party’s
last–known address at least 10 days before such hearing. In case a party in interest is located outside the
state, and has no post–office address within this state, the copy of the application and copies of all
notices shall be filed and sent by registered or certified mail to the last–known post–office address of
such party. Such filing and mailing shall constitute sufficient service, with the same effect as if served
upon a party located within this state. A hearing may be adjourned in the discretion of the Band, and
hearings may be held at such places as the Band designates.
(b) In any dispute or controversy pending before the Band, the Band may direct the parties to appear
before the Tribal Council for a conference to consider the clarification of issues, the joining of
additional parties, the necessity or desirability of amendments to the pleadings, the obtaining of
admissions of fact or of documents, records, reports and bills which may avoid unnecessary proof and
such other matters as may aid in disposition of the dispute or controversy. After this conference the
Tribal Council may issue an order requiring disclosure or exchange
of any information or written material which it considers material to the timely and orderly
disposition of the dispute or controversy. If a party fails to disclose or exchange within the time stated
in the order, the Band may issue an order dismissing the claim without prejudice or excluding evidence
or testimony relating to the information or written material. The Band shall provide each party with a
copy of any order.
(c) All parties shall have the right to be present at any hearing, in person or by attorney, or any other
agent, and to present such testimony as may be pertinent to the controversy before the
Tribal Council..
(d) The contents of certified medical and surgical reports by physicians, podiatrists, surgeons,
dentists, psychologists and chiropractors licensed in and practicing in this state and of certified reports
by experts concerning loss of earning capacity presented by a party for compensation constitute prima
facie evidence as to the matter contained in them, subject to any rules and limitations the Tribal Council
prescribes. Certified reports of physicians, podiatrists, surgeons, dentists, psychologists and
chiropractors, wherever licensed and practicing, who have examined or treated the claimant, and of
experts, if the practitioner or expert consents to subject himself or herself to cross–examination also
constitute prima facie evidence as to the matter contained in them. Certified reports of physicians,
podiatrists, surgeons, psychologists and chiropractors are admissible as evidence of the diagnosis,
necessity of the treatment and cause and extent of the disability. Certified reports by doctors of dentistry
are admissible as evidence of the diagnosis and necessity for treatment but not of disability. The record
of a hospital or sanatorium in this state operated by any department or agency of the federal or state
government or by any municipality, tribe, or of any other hospital or sanatorium in the State of
Wisconsin which is satisfactory to the Tribal Council, established by certificate, affidavit or testimony
of the supervising officer or other person having charge of such records, or of a physician, podiatrist,
surgeon, dentist, psychologist or chiropractor to be the record of the patient in question, and made in the
regular course of examination or treatment of such patient, constitutes prima facie evidence in any
worker’s compensation proceeding as to the matter contained in it, to the extent that it is otherwise
competent and relevant. The Tribal Council may, by rule, establish the qualifications of and the form
used for certified reports submitted by experts who provide information concerning loss of earning
capacity. The Tribal Council may not admit into evidence a certified report of a practitioner or other
expert or a record of a hospital or sanatorium that was not filed with the Tribal Council and all parties
in interest at least 7 days before the date of the hearing, unless the Tribal Council is satisfied that
there is good cause for the failure to file the report.
(e) The Tribal Council may, with or without notice to either party, cause testimony to be taken, or
an inspection of the premises where the injury occurred to be made, or the time books and pay-rolls of
the Band to be examined by any Tribal Council member examiner, and may direct any employee
claiming compensation to be examined by a physician, chiropractor, psychologist, dentist or podiatrist.
The testimony so taken, and the results of any such inspection or examination, shall be reported to the
Tribal Council for its consideration upon final hearing. All ex parte testimony taken by the Tribal
Council shall be reduced to writing and either party shall have opportunity to rebut such testimony on
final hearing.
(f) Whenever the testimony presented at any hearing indicates a dispute, or is such as to create
doubt as to the extent or cause of disability or death, the Tribal Council may direct that the injured
employee be examined or autopsy be performed, or an opinion of a physician, chiropractor, dentist,
psychologist or podiatrist be obtained without examination or autopsy, by an impartial, competent
physician, chiropractor, dentist, psychologist or podiatrist designated by the Tribal Council who is not
under contract with or regularly employed by the Band or Insurer. The expense of such examination
shall be paid by the Band. The report of such examination shall be transmitted in writing to the Tribal
Council and a copy thereof shall be furnished by the Tribal Council to each party, who shall have an
opportunity to rebut such report on further hearing.
(2) Any party, including the Tribal Council, may require any person to produce books, papers and
records at the hearing by personal service of a subpoena upon the person
(3) A party’s attorney of record may issue a subpoena to compel the attendance of a witness or the
production of evidence. A subpoena issued by an attorney must be in substantially the
same form as provided in Bad River Tribal Code Section 115.1 and must be served in the manner
provided in Bad River Tribal Code Section 115.2. The attorney shall, at the time of issuance, send a
copy of the subpoena to the appeal tribunal or other representative of the Band responsible for
conducting the proceeding.
(4) Any person who shall wilfully and unlawfully fail or neglect to appear or to testify or to produce
books, papers and records as required, shall be fined not less than $25 nor more than
$100.00 each day such person shall so refuse or neglect shall constitute a separate offense.
(5) The right of an employee, the employee’s legal representative or dependent to proceed under this
section shall not extend beyond 12 years from the date of the injury or death or from the
date that compensation, other than treatment or burial expenses, was last paid, or would have been
last payable if no advancement were made, whichever date is latest.
(6) This section does not limit the time within which the Band may bring an action to recover
benefits fraudulently obtained.
(7) If an employee or dependent shall, at the time of injury, or at the time the employee’s or
dependent’s right accrues, be under 18 years of age, the limitations of time within which the employee
or dependent may file application or proceed under this chapter, if they would otherwise sooner expire,
shall be extended to one year after the employee or dependent attains the age of 18 years. If, within any
part of the last year of any such period of limitation, an employee, the employee’s personal
representative, or surviving dependent be insane or on active duty in the armed forces of the United
States such period of limitation shall be extended to 2 years after the date that the limitation would
otherwise expire. The provision hereof with respect to persons on active duty in the armed forces of the
United States shall apply only where no applicable federal statute is in effect.
(8) (a) Testimony or certified reports of expert witnesses on loss of earning capacity may be
received in evidence and considered with all other evidence to decide on an employee’s actual loss of
earning capacity.
(b) Except as provided in par. (c), the Tribal Council shall exclude from evidence, testimony or
certified reports from expert witnesses under par. (a) offered by the party that raises the issue of loss of
earning capacity if that party failed to notify the Tribal Council and the other parties of interest, at least
60 days before the date of the hearing, of the party’s intent to provide the testimony or reports and of
the names of the expert witnesses involved. Except as provided in par. (c), the Tribal Council shall
exclude from evidence testimony or certified reports from expert witnesses under par. (a) offered by a
party of interest in response to the party that raises the issue of loss of earning capacity if the responding
party failed to notify the Tribal Council and the other parties of interest, at least 45 days before the date
of the hearing, of the party’s intent to provide the testimony or reports and of the names of the expert
witnesses involved.
(c) Notwithstanding the notice deadlines provided in par. (b), the Tribal Council may receive in
evidence testimony or certified reports from expert witnesses under par. (a) when the applicable
notice deadline under par. (b) is not met if good cause is shown for the delay in providing the notice
required under par. (b) and if no party is prejudiced by the delay.
(9) Unless otherwise agreed to by all parties, an injured employee shall file with the Tribal Council
and serve on all parties at least 15 days before the date of the hearing an itemized statement of all
medical expenses and incidental compensation claimed by the injured employee. The itemized
statement shall include, if applicable, information relating to any travel expenses incurred by the injured
employee in obtaining treatment including the injured employee’s destination, number of trips, round
trip mileage and meal and lodging expenses. The Tribal Council may not admit into evidence any
information relating to medical expenses and incidental compensation claimed by an injured employee
if the injured employee failed to file with the Band and serve on all parties at least 15 days before the
date of the hearing an itemized statement of the medical expenses and incidental compensation claimed
by the injured employee, unless the Tribal Council is satisfied that there is good cause for the failure to
file and serve the itemized statement.
1100.17 Apportionment of liability. (1) If it is established at the hearing that 2 or more parties
have each contributed to a physical or mental condition for which benefits would be otherwise due,
liability for such benefits shall be apportioned according to the proof of the relative contribution to
disability resulting from the injury.
(2) If after a hearing or a pre-hearing conference the Tribal Council determines that an injured
employee is entitled to compensation but that there remains in dispute only the issue of which of 2 or
more parties is liable for that compensation and one of the parties is the Band, the Tribal Council may
order the Band to pay its prorated share in an amount, time and manner as determined by the Tribal
Council. If the Tribal Council later determines that another party is liable for compensation, the Tribal
Council shall authorize the Band to seek reimbursement from the responsible party.
1100.18 Findings, orders and awards. (1) (a) All parties shall be afforded opportunity for full,
fair, public hearing after reasonable notice, but disposition of application may be made by
compromise, stipulation, agreement, or default without hearing.
(b) Within 45 days after the final hearing and close of the record, the Tribal Council shall make and
file its findings upon the ultimate facts involved in the controversy, and its order, which shall state its
determination as to the rights of the parties. Pending the final determination of any controversy before
it, the Tribal Council may in its discretion after any hearing make interlocutory findings, orders and
awards which may be enforced in the same manner as final awards. The Tribal Council may include in
its final award, as a penalty for noncompliance with any such interlocutory order or award, if it finds
that noncompliance was not in good faith, not exceeding 25% of each amount which shall not have
been paid as directed thereby.
(2) A party in interest may petition the Tribal Council for reconsideration of its decision awarding
or denying compensation if the Tribal Council receives the petition within 21 days after the Tribal
Council mailed a copy of the findings and order to the party’s last–known address. The Tribal Council
shall dismiss a petition for reconsideration which is not timely filed unless the petitioner shows
probable good cause that the reason for failure to timely file was beyond the petitioner’s control. If no
petition is filed within 21 days from the date that a copy of the findings or order is mailed to the
last–known address of the parties in interest, the findings or order shall be considered final.
(a) On its own motion, for reasons it deems sufficient, the Tribal Council may set aside any final
order or award within one year after the date of the order or award, upon grounds of mistake or newly
discovered evidence, and, after further consideration, do any of the following:
1. Affirm, reverse or modify, in whole or in part, the order or
award.
2. Reinstate the previous order or award.
1100.19 Employees confined in institutions; payment
of benefits. In case an employee is adjudged insane or incompetent, or convicted of a felony, and is
confined in a public institution and has dependents wholly dependent upon the employee for support a
person, whose dependency is determined as if the employee were deceased, compensation payable
during the period of the employee’s confinement may be paid to the employee and the employee’s
dependents, in such manner, for such time and in such amount as the Tribal Council may determine.
1100.20 Judicial review. (1) (a) The findings of fact made by the Tribal Council acting within its
powers shall, in the absence of fraud, be conclusive. The order or award granting or denying
compensation, either interlocutory or final, whether judgment has been rendered on it or not, is subject
to review only as provided in this section. Within 30 days after the date of an order or award made by
the Tribal Council either originally or after the filing of a petition for reconsideration any party
aggrieved thereby may by serving a complaint as provided in Bad River Tribal Code Chapter 111 and
filing the summons and complaint with the clerk of the Bad River Tribal Court commence, in Tribal
Court, an action against the Tribal Council for the review of the order or award, in which action the
adverse party shall also be made a defendant. If the Tribal Court is satisfied that a party in interest has
been prejudiced because of an exceptional delay in the receipt of a copy of any finding or order, it may
extend the time in which an action may be commenced by an additional 30 days.
(b) In such an action a complaint shall be served with an authenticated copy of the summons. The
complaint need not be verified, but shall state the grounds upon which a review is sought. Service upon
The Tribal Council or agent authorized by the Tribal Council to accept service constitutes complete
service on all parties, but there shall be left with the person so served as many copies of the summons
and complaint as there are defendants, and the Tribal Court shall mail one copy to each other defendant.
(c) The Tribal Council shall serve its answer within 45 days after the service of the complaint, and,
within the like time, the adverse party may serve an answer to the complaint, which answer may, by
way of counterclaim or cross complaint, ask for the review of the order or award referred to in the
complaint, with the same effect as if the party had commenced a separate action for the review thereof.
(d) The Tribal Council shall return to the court of all documents and papers on file in the matter,
and of all testimony which has been taken, and of the Council’s order, findings and award. Executive
session minutes shall not have to be made available to any party. The action may there-upon be brought
on for hearing before the court upon the record by either party on 10 days’ notice to the other; subject,
however, to the provisions of law for a change of the place of trial or the calling in of another judge.
(e) Upon such hearing, the court may confirm or set aside such order or award; and any judgment
which may theretofore have been rendered thereon; but the same shall be set aside only upon
the following grounds:
1. That the Tribal Council acted without or in excess of its powers.
2. That the order or award was procured by fraud.
3. That the findings of fact by the Tribal Council do not support the order or award by a
preponderance of the evidence presented before the Council.
(2) Upon the trial of any such action the court shall disregard any irregularity or error of the Tribal
Council unless it is made to affirmatively appear that the plaintiff was damaged thereby.
(3) The record in any case shall be transmitted to the Band within 5 days after expiration of the time
for appeal from the order or judgment of the court, unless appeal shall be taken from such order or
judgment.
(4) Whenever an award is made against the Band the General Counsel may bring an action for
review thereof in the same manner and upon the same grounds as are provided by sub. (1).
(5) The commencement of action for review shall not relieve the Band from paying compensation as
directed, when such action involves only the question of liability as between the Band and one or more
insurance companies or as between several insurance companies.
(6) If the Tribal Council’s order or award depends on any fact found by the Tribal Council, the court
shall not substitute its judgment for that of the Council as to the weight or credibility of the evidence on
any finding of fact. The court may, however, set aside the Tribal Council’s order or award and remand
the case to the Third Party Administrator or Tribal Benefits Specialist or if the Tribal Council’s order or
award depends on any material and controverted finding of fact that is not supported by credible and
substantial evidence.
1100.21 Appeal from judgment on award. (1) Any party aggrieved by a judgment entered upon
the review of any order or award may appeal therefrom within the time period specified in
the Bad River Tribal Code Chapter 121.
1100.22 Fees and costs. No fees may be charged by the clerk of any circuit court for the
performance of any service required by this chapter, except for the entry of judgments and
certified transcripts of judgments. In proceedings to review an order or award, costs as between the
parties shall be in the discretion of the court.
1100.23 Third party liability. (1) The making of a claim for compensation against an employer or
compensation insurer for the injury or death of an employee shall not affect the right of the employee,
the employee’s personal representative, or other person entitled to bring action, to make claim or
maintain an action in tort against any party other than the Band for such injury or death, hereinafter
referred to as a 3rd party; nor shall the making of a claim by any such person against a 3rd party for
damages by reason of an injury affect the right of the injured employee or the employee’s dependents to
recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay
a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort
against any other party for such injury or death. If the Band pays or is obligated to pay a claim under
this chapter the Band shall also have the right to maintain an action in tort against any other party for
the employee’s injury or death. However, each shall give to the other reasonable notice and opportunity
to join in the making of such claim or the instituting of an action and to be represented by counsel.
(2) No employee who is loaned by his or her employer to the Band and who makes a claim for
compensation under this chapter may make a claim or maintain an action in tort against
the Band who accepted the loaned employee’s services.
(3) No participant in a community service job sponsored by the Band or is provided worker’s
compensation coverage by a Wisconsin works agency, as defined under Wis Stat. S. 49.001 (9), and
who makes a claim for compensation under this chapter may make a claim or maintain an action in tort
against the Band.
1100.24 Other insurance not affected; liability of
insured employer. (1) This chapter does not affect the right of the Band to insure in mutual or other
companies against such liability or against the liability for the compensation provided for by this
chapter.
(2) The Band may provide by mutual or other insurance, by arrangement with employees or
otherwise, for the payment to those employees, their families, their dependents or their representatives,
of sick, accident or death benefits in addition to the compensation provided under this chapter. Liability
for compensation is not affected by any insurance, contribution or other benefit due to or received by
the person entitled to that compensation.
(3) Unless an employee elects to receive sick leave benefits in lieu of compensation under this
chapter, if sick leave benefits are paid during the period that temporary disability benefits are payable,
the Band shall restore sick leave benefits to the employee in an amount equal in value to the amount
payable under this chapter. The combination of temporary disability benefits and sick leave benefits
paid to the employee may not exceed the employee’s weekly wage.
(4) Payment of compensation under this chapter by either the Band or the insurance company shall,
to the extent thereof, bar recovery against the other of the amount so paid. As between
the Band and the insurance company, payment by either the Band or the insurance company directly
to the employee or the person entitled to compensation is subject to the conditions of the policy.
1100.25 Department forms and records; public access.
(1) The Band shall print and furnish free to any employer or employee such blank forms as it shall
deem requisite to facilitate efficient administration of this chapter; it shall keep such record books or
records as it shall deem required for the proper and efficient administration of this chapter.
(2) (a) Except as provided in par. (b), the records of the Band related to the administration of this
chapter are subject to inspection and copying.(b) Notwithstanding par. (a), a record maintained by the
Band that reveals the identity of an employee who claims worker’s compensation benefits, the nature of
the employee’s claimed injury, the employee’s past or present medical condition, the extent of the
employee’s disability, the amount, type or duration of benefits paid to the employee or any financial
information provided to the Band is confidential and not open to public inspection or copying. The
Band may deny a request made or refuse to honor a subpoena issued by an attorney of record in a civil
or criminal action or special proceeding to inspect and copy a record that is confidential under this
paragraph, unless one of the following applies:
1. The requester is the employee who is the subject of the record or an attorney or authorized agent
of that employee. An attorney or authorized agent of an employee who is the subject of
a record shall provide a written authorization for inspection and copying from the employee if
requested by the Tribal Council for use pursuant to this Chapter.
2. The record that is requested contains confidential information concerning a worker’s
compensation claim and the requester is the Band or an insurance carrier or is a party to any worker’s
compensation claim involving the same employee or an attorney or authorized agent of that insurance
carrier or Band, except that the Band is not required to do a random search of its
records and may require the requester to provide the approximate date of the injury and any other
relevant information that would assist the Band in finding the record requested. An attorney or
authorized agent of a party to an employee’s worker’s compensation claim shall provide a written
authorization for inspection and copying from the insurance carrier or employer if requested by the
Band.
3. A court of competent jurisdiction orders the Band to release the record.
4. The requester is the subunit of the department that administers child and spousal support or a
county child support agency under Wis Stat. S 59.53 (5), the request is made under Wis Stat. S. 49.22
(2m) and the request is limited to the name and address of the employee who is the subject of the
record, the name and address of the employee’s employer and any financial information about that
employee contained in the record.
6. The federal or state department of revenue requests the record for the purpose of locating a
person, or the assets of a person, who has failed to file tax returns, who has under reported taxable
income or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for
tax–related prosecutions.
(3) TREATMENT REJECTED BY EMPLOYEE. Unless the employee shall have elected Christian
Science treatment in lieu of medical, surgical, dental or hospital treatment, no compensation shall be
payable for the death or disability of an employee, if the death be
caused, or insofar as the disability may be aggravated, caused or continued by an unreasonable
refusal or neglect to submit to or follow any competent and reasonable medical, surgical or dental
treatment or, in the case of tuberculosis, by refusal or neglect to submit to or follow hospital or
medical treatment when found by an independent medical doctor to be necessary. The right to
compensation accruing during a period of refusal or neglect to submit to or follow hospital
or medical treatment when found by a medical doctor to be necessary in the case of tuberculosis
shall be barred, irrespective of whether disability was aggravated, caused or continued thereby.
1100.26 Maximum limitations. The maximum allowable benefits under this Chapter available to
employees, if any, shall be outlined in the disability policy designated by the Band to be the disability
policy for this Chapter.
1100.27 Benefits payable to minors; how paid. Compensation and death benefit payable to an
employee or dependent who was a minor when the employee’s or dependent’s right began
to accrue, may, in the discretion of the department, be ordered paid to a bank, trust company,
trustee, parent or guardian, for the use of such employee or dependent as may be found best calculated
to conserve the employee’s or dependent’s interests. Such employee or dependent shall be entitled to
receive payments, in the aggregate, at a rate not less than that applicable to payments of primary
compensation for total disability or death benefit as accruing from the employee’s or dependent’s 18th
birthday.
1100.28 Death benefit. Where death proximately results from the injury and the deceased leaves a
person wholly dependent upon him or her for support, the death benefit if obtained by the Band shall be
limited to the amount specified in the policy for this purpose.
1100.29 Burial expenses. In all cases where death of an employee proximately results from the
injury, the Band may provide burial expense insurance in which case the Band, through its insurer shall
pay the reasonable expense for burial in the amount specified in the policy obtained by the Band..
1100.30 Decreased compensation. If injury is caused by the failure of the employee to use safety
devices which are provided in accordance with any statute or lawful order of the Band and are
adequately maintained, and the use of which is reasonably enforced by the Band , or if injury results
from the employee’s failure to obey any reasonable rule adopted and reasonably enforced by the Band
for the safety of the employee and of which the employee has notice, or if injury results from the
intoxication of the employee by alcohol beverages, as defined in Wis Stat S. 125.02 (1), or use of a
controlled substance, as defined in Wis Stat S. 961.01 (4), or a controlled substance analog, as defined
in Wis Stat s.961.01 (4m), the compensation provided in this chapter shall be reduced 15% but the total
reduction may not exceed $15,000.
Section 1100.31 Sovereign Immunity
By enacting this ordinance the Tribe in no way waives its inherent sovereignty and with all rights
and privileges, including but not limited to sovereign immunity.
Chapter 1300
Chapter of non-profit Economic Organizations
Section 1300.1
Adopted by Resolution 5-30-02-285
Introduction
The following is the ordinance authorizing the charter of subordinate non-profit economic
organizations for the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
Section 1300.2
Purpose
The Bad River seeks to encourage the formation of charitable organizations within the exterior
boundaries of the Bad River Reservation its works both on and off the Bad River Reservation. By this
ordinance the Bad River Band authorizes the charter and regulation of charitable organizations.
Section 1300.3
Scope
The chartering of charitable organizations applies to specifically designated tribally sanctioned
non-profit operations and/or enterprises subordinate to the Bad River Tribal Government.
Section 1300.4
Authority
This Ordinance is enacted pursuant to Article VI, Section 1(o) of the Constitution and Bylaws of
the Bad River Band of the Lake Superior Tribe of Chippewa Indians. Economic enterprises charted
under this chapter are enacted under the auspice of Section 16 of the Indian Reorganization Act of
1934, 25 United States Code Section 476 (governmental powers) and shall not be deemed to be
managed or otherwise formed pursuant to the Band’s corporate charter pursuant to 25 Untied States
Code Section 477.
Section1300.5
Severability
If any portion of this ordinance is found to be invalid for any reason, the remaining portions of this
ordinance shall remain in effect.
Section 1300.6
Non-Profit Charter Authorization
Under this chapter the tribal Council shall have the authority to chapter subordinate non-profit
organizations.
Section1300.7
Approval Authority
The Tribal Council shall have the authority to approve organizational by-laws and any
amendment made thereto. The Tribal Council shall require at a minimum the following from all
economics entitles chartered under this chapter:
(a) By-laws outlining the composition of the board of directors and officers, the powers and
duties of said directors and officers. Proposed terms of office, provisions for the replacement and
succession of directors and officers. Quorum requirements, and provisions for meetings.
(b) Creation of separate bank account done under the auspices of the Bad River Accounting
Department.
(c) A three year business plan including a market analysis concerning prospective business and
a budget for the enterprise, board and officers, salaries, wages, fringe benefits.
(d) Insurance plan, including unemployment, worker’s compensation, liability, bonding, and
other applicable insurance.
(e) Space and warehousing area and cost analysis.
(f) Employment policies (hiring, firing overtime, vacations, sick leave, health insurance etc.)
(g) Evaluation plan to determine profitability, success of business, criteria for continuing
business operation.
(h) A plan to wrap up the organization and dispose of business assets and/or liabilities.
(i) Any other market study, informational requirement deemed necessary by the Tribal Court.
Section 1300.8
Appointment Authority
The Tribal Council shall have the authority to appoint board members to any non-profit
organization chartered under this chapter. The boards shall serve at the pleasure of the Tribal Council.
Boards members may be removed without cause at any time by a majority vote of the Tribal Council.
Section 1300.9
Authorization To Contract
Subject to this chapter, the Tribal Council may delegate the authority to enter into and otherwise
bind any non-profit organization chartered under this cahpter and may also limit said authority.
Section 1300.10
Wavier of Sovereign Immunity
The Tribal Council mat authorize officials representing any non-profit organization chartered
under this chapter to waive immunity on behalf of the non-profit organization only from suit attendant
up to a contract or obligated amount but not over a stated contract amount and shall not attach to Tribal
assets other than those designated to the non-profit organization. In instances where the Tribal Council
authorizes an organization chartered under this chapter, a specific contract shall be extended to the
organization by the Tribal Council under separate letter. In no instance shall the contract limit be
extended without the express written consent and authorization of the Tribal Council.
Section 1300.11
Dispute Resolution
Unless otherwise authorized beforehand by the Tribal Council, all non-profit organizations
chartered under this chapter shall only consent to settle disputes in the Bad River Tribal Court.
Section 1300.12
Tort Liability
Non-profit organizations chartered under this chapter shall maintain sufficient tort liability
insurance commensurate with the risk involving their respective activity and specifically approved by
the Tribal Council and shall not allow the insurer to invoke the defense of sovereign immunity up to the
limit of such insurance coverage.
Section 1300.13
The chartered organization shall include the phrase “Non-Profit Business Organization
Chartered by the Bad River Band” in it logo and letterhead.
Section 1300.14
Non-profit organizations chartered under this chapter may seek tax-exempt status under section
501.C of the United States Internal Revenue Code.
CHAPTER 1400 -- REGULATION OF TRAFFIC AND CONTROL OF PARKING AND
PARKING AREAS ON THE BAD RIVER RESERVATION
Adopted by Resolution 8-14-02-323
Section 1400.01 - Purpose. The purpose of this Ordinance is to protect the public health, safety
and welfare of Bad River Reservation residents and visitors by regulating vehicular traffic and parking
and activities located on tribally controlled parking areas.
Section 1400.02 - Authority. This Ordinance is adopted pursuant to the Bad River Constitution
Article VI, § 1(q).
Section 1400.03 - Effective Date. This Ordinance shall take effect upon its adoption by
resolution by the Tribal Council.
Section 1400.04 - Construction. This Ordinance shall be interpreted to comport with the
customs and traditions of the Bad River Band of the Lake Superior Tribe of Chippewa Indians
Section 1400.05 - Definitions. For purposes of this Ordinance, the following definitions shall
apply:
(a) "Loading Zone" means any designated area in the immediate vicinity of a tribal building
dedicated to free access for the shipping and receiving of freight and identified as such by sign or
marking paint.
(b) "No Parking Zone" means any area designated as a no parking area or no parking zone and
identified as such by sign or marking paint.
(c) "Handicapped Parking" means any space dedicated to parking for vehicles bearing special
registration plates (i.e., handicapped plates) or a special identification card, and identified as
“Handicapped Parking” by sign or marking paint.
(d) “Vehicle used by a physically disabled person” means a motor vehicle bearing special
registration plates (i.e., handicapped plates) or a special identification card issued by a State or Tribe
pursuant to State or Tribal law for use by a physically disabled person.
(e) “Tribal Building" means any building on the Bad River Reservation owned by the Tribal
Government, as well as any adjacent parking area.
(f) "Visitor Parking" means any pre-designated parking space in any Tribal Government
parking area identified with a sign indicating "Visitor Parking".
(g) "Visitor" means any person who is not employed by the Bad River Tribal Government.
(h) "Vehicle" means every device in, upon or by which any person or property is or may be
transported or drawn upon a highway. Motorcycles, mopeds, as well as all-terrain-vehicles are also
included in this definition. Snowmobiles are vehicles only for purposes of §§ 1400.07-.08.
(i) “Denver Boot” means a device utilized to disable a vehicle that is illegally parked and render
it immovable until a removal fee is paid.
(j) “Parking Area” means the parking areas adjacent to the following tribal buildings; Chief
Blackbird center, Community Center, Casino, Moccasin Trails Grocery Store, gas Station and
Convenience Store, Wake House, Elderly Center, Youth Center, Housing, Administration Building,
Fire Hall, Pow Wow Grounds,
(k) “Alcohol” means any beverage made with ethanol or grain alcohol including, but not limited
to; beer, wine, and hard liquor.
Section 1400.06 - Severability and Non-Liability.
(a) If any section, provision or portion of this Ordinance is adjudged to be
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall
not be effected thereby.
(b) The Tribe declares that there is no liability on the part of the Tribe, its agencies,
agents, or employees for any damage which may occur as a result of reliance upon or conformance with
this Ordinance.
Section 1400.07 - Parking prohibited in certain specified places. No person shall stop or leave any
vehicle standing in any of the following places, except temporarily for the purpose of and while actually
engaged in loading or unloading, or in receiving or discharging passengers and while the vehicle is
attended by a licensed operator so that it may promptly be moved in case of an emergency or to avoid
obstruction of traffic:
(a) In a loading zone, unless authorized to load or unload freight, or unless holding a
special parking permit issued under § 1400.09;
b Within 10 feet of a fire hydrant, unless a greater distance is indicated by an
official traffic sign;
(a) With-in four feet of the entrance to an alley or a private road or driveway;
(b) Closer than 15 feet to the near limits of a crosswalk;
(c) In a no parking zone or no parking area, unless holding a special parking permit
issued under § 1400.09; or
(f) In a visitor parking area, unless a visitor.
Section 1400.08 - Stopping or parking prohibited in parking spaces reserved for Handicapped
Parking.
(a) By enacting this section, the Tribe intends to ensure that people who are physically disabled
have clear and reasonable access to public places. The Tribe therefore urges those responsible for
enforcement of this section to do so vigorously and to see that all violations are promptly prosecuted
(b) Except for a vehicle used by a physically disabled person , no person may park, stop or leave
standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any
portion of a street, highway or parking facility reserved, by official traffic signs indicating the
restriction, for vehicles displaying special registration plates (i.e., handicapped plates) or a special
identification card.
Section 1400.09 - Special parking permit.
(a) Any person who desires to park in a no parking zone or loading zone, either because they are
towing a trailer, boat, or other object that won’t allow them to park in one of the normal parking spots,
or because they have business to conduct in a Tribal building which will require them to park for less
than fifteen minutes at a time, shall apply to the Facilities Manager for a permit to do so.
(b) Applications for said special parking permits shall be obtained from the Facilities Manager, and
shall include:
(1) The name, address and drivers license number of the applicant;
(2) The make, model, year and license plate number of the vehicle which will
be parked using the permit;
(1) The reason why the special parking permit is needed; and
(2) A permit processing fee of Ten Dollars ($10.00).
(c) Under no circumstances shall an individual holding a special parking permit issued
under this section, park in a handicapped parking spot unless they are also in possession
of a handicapped license plate or window card.
Section 1400.10 - Term of permit. Special parking permits issued under this Ordinance
shall be valid for a period of six (6) months.
Section 1400.11 - Display of permit. Any person issued a special parking permit shall
display said permit in the vehicle in question so as to make the permit visible to
enforcement personnel.
Section 1400.12 - Speed Restrictions.
(a) Reasonable and prudent limit. No person shall drive a vehicle at a speed greater
than is reasonable or prudent under the conditions and having regard for the actual and potential hazards
then existing. The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with
any object, person, or vehicle.
(a) Conditions requiring reduced speed. The operator of every vehicle shall,
consistent with the requirements of sub. (a), drive at an appropriate reduced speed when approaching
and crossing an intersection or railway grade crossing, when approaching and going around a curve,
when approaching a hillcrest, when traveling upon any narrow or winding roadway, when passing
school children, road construction, maintenance workers or other pedestrians, and when special hazards
exist with regard to other traffic or by reason of weather or highway conditions.
(c) Fixed limits. In addition to complying with the speed restrictions imposed by subs. (a) and (b),
no person shall drive a vehicle at a speed in excess of the posted speed limit on any roadway with-in the
boundaries of the Bad River Reservation, or in any parking lot adjacent to a Tribal Building.
Section 1400.13 - Consumption of Alcohol on Tribal Parking Areas
It shall be a violation of this ordinance for anyone to consume alcohol on any tribal parking area.
Section 1400.14 - (Reserved).
Section 1400.15 - (Reserved).
Section 1400.16 - Enforcement.
Any Tribal law enforcement officer may issue a citation to any Tribal member or non-member if
the Tribal Warden or Tribal law enforcement officer reasonably believes that such person has breached
a provision of this Ordinance.
Section 1400.17 - Penalties. Any person who violates the provisions of this Ordinance shall be
subject to the following penalties:
(a) Any person violating a provision of § 1400.07 shall be required to forfeit $10.00 for a first
offense, $20.00 for a second offense and $100.00 for a third or subsequent offense within a two year
period.
(b) Any person violating § 1400.08 shall be required to forfeit $50.00 for a first offense,
$100.00 for a second offense and $200.00 for a third or subsequent offense within a two year period.
(c) Any person violating a provision of §§ 1400.07-.08 shall also be subject to the placement of
a Denver Boot on their vehicle. A removal fee of $10.00 shall be paid before the Boot will be removed.
Said removal fee shall be in addition to any forfeiture under sub. (a) or (b) above.
(d) Any person violating § 1400.12(a) or (b) shall be required to forfeit not less than
$50.00 nor more than $100.00 for a first offense and not less than $100.00 nor more than $200.00
for a second or subsequent offense within a year.
(e) Any person violating § 1400.12(c) shall be required to forfeit the following:
(1) $50.00 for 1- 10 miles-per-hour over the speed limit;
(2) $62.00 for 11-14 miles-per-hour over the speed limit;
(3) $74.50 for 15-20 miles-per-hour over the speed limit;
(4) $86.00 for 21-25 miles-per-hour over the speed limit;
(5) $100.00 for 26-30 miles-per-hour over the speed limit; and
(6) Not less than $200 nor more than $300 for more than 31 miles-per-hour
over the speed limit.
(f) In addition to the forfeiture listed in sub. (e), any person violating § 1400.12(c) who has had a
previous violation of any provision of § 140 § § 0.12 with-in the past year shall also forfeit an
additional $20.00.
(g) Any person violating § 1400.13 shall be required to forfeit not less that $50.00 and not more
than $1000.00.
(h) In addition to any forfeiture or removal fee for violating any provision of this ordinance,
persons in violation of this ordinance may be subject to loss of tribal benefits including:
Section 1400.18 - Jurisdiction. Jurisdiction is hereby conferred upon the Bad River Tribal Court
over all matters related to the enforcement of this Ordinance.
CHAPTER 1500
BAD RIVER BAND OF WISCONSIN CHIPPEWA
MOTOR VEHICLE LICENSING ORDINANCE
Adopted Pursuant to Bad River Tribal Council Resolution 11-19-02-08
Amended Pursuant to Bad River Tribal Council Resolution 9-11-03-139
SECTION 1500.1
Introduction
This ordinance of the Bad River Tribal Code Chapter 1500 is enacted by the Bad River Band to
provide for the establishment of standards for the registration of motor vehicles, the establishment of
lawful regulations for the operation of motor vehicle and other related purposes.
SECTION 1500.2
Purpose
The Bad River Tribal Council of the Bad River Band finds that the issuance of motor vehicle
license plates within the boundaries of the Reservation has a direct affect on the political integrity,
economic security and health and welfare of its members. Pursuant to the inherent powers of the
Bad River Band to exercise civil regulatory authority in such matters and pursuant to the authorities
vested in the Bad River Tribal Council, the Bad River Band Tribal Council has enacted this Bad
River Band Licensing Ordinance regulating motor vehicle licensing within the exterior boundaries of
the Bad River Reservation.
SECTION 1500.3
Application
The provisions of the Bad River Band Motor Vehicle Licensing Chapter 1500 shall apply to
vehicle owners who are enrolled members of the Bad River Tribe and who reside or are domicile
within the exterior boundaries of the Bad River Reservation, and to vehicles owned and operated by
the governing body of the Bad River Band.
SECTION 1500.4
Authority:
This ordinance is enacted pursuant to Article VI, Sections 1(j) (m) and (q) of the Constitution
and Bylaws of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 1500.5
Definitions
In this Ordinance the following words and phrases have the designated meanings unless a
different meaning is expressly provided or the content clearly indicates a different meaning. For the
purpose of effectuating the terms of this Ordinance, any terms not defined herein shall have the
meanings given to them in the statutes of the State of Wisconsin, as amended from time to time,
except where the context otherwise indicates or requires.
Court – means the Bad River Tribal Court or any other court having jurisdiction over matters
that arise from the application of this Ordinance.
Bad River Band – means Bad River Band of Lake Superior Chippewa.
Bad River Reservation – means all lands within the boundaries of the Bad River Reservation as
established by the Treaty of September 30, 1854.
Manufacturer – means every person engaged in the business of constructing or assembling
vehicles of a type for which a certificate of title is required hereunder.
Manufacturer’s or Importer’s Certificate of origin – means a certificate over the authorized
signature of the manufacturer or importer of a vehicle, describing and identifying the vehicle, giving
the name and address of the person to whom the vehicle is first sold by the manufacturer or importer,
and containing assignments, duly executed, assigning the same to an applicant for a certificate of title
on the vehicle for the Bad River Band.
Mobile Home – means a vehicle designated to be towed as a single unit or in sections upon the
highway by a motor vehicle and equipped and used or intended to be used, primarily for human
habitation, with walls of rigid uncollapsible construction.
Owner – means a person, other than a secured party, having the property in or title to a vehicle.
This term includes a person entitled to the use and possession of a vehicle subject to a security
interest in another person, but excludes a lessee under a lease not intended as security. An Owner
also means any person, firm, association, or corporation owning or renting a motor vehicle, or having
the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
Register – means the act of assigning registration plates and validation stickers to a vehicle, and
to renew the same.
Registrar – means the duly appointed Registrar of Motor Vehicles of the Bad River Band and
any designees of the Registrar.
Secured Party – means a lender, seller or other person to whom accounts or chattel paper have
been sold. When the holders of obligations issued under an indenture of trust, equipment trust
agreement or the like are represented by a trustee or other person, the representative is the secured
party having an interest in the vehicle.
Vehicle – means every device in, upon or by which any person or property is or may be
transported or drawn upon a highway or roadway.
SECTION 1500.6
Application Process: Forms
Application for original registration and for renewal or registration shall be made to the Registrar
of Motor Vehicles of the Bad River Band upon forms prescribed by the Registrar and shall be
accompanied by the required fee.
SECTION 1500.6.1
Required Information. Applications for original registration of a vehicle shall contain the
following information:
(A) The full name of the owner.
(B) The address of the owner.
(C) A description of the vehicle, including make, model and year, identifying number and
any other information which the Bad River Band may reasonably require for the
proper identification of the vehicle.
(D) Such further information as the Registrar may reasonably require to determine
whether the vehicle is by law entitled to registration or to determine the proper
registration fee for the vehicle.
SECTION 1500.7
Application by Person under the age of 18. If the applicant for a certificate of registration is
under 18 years of age, with the minimum age being 16 years of age, the application shall be
accompanied by a statement made and signed by the applicant’s father or mother if he or she has
custody of the applicant; or if neither parent has custody, then by the person or guardian having such
custody, stating that the applicant has the consent of such person or guardian to register such vehicle
in the applicant’s name. The signature of such statement shall not impute any liability for the
negligence or misconduct of the applicant while operating such motor vehicle on the highways. Any
person who violates this Section may be fined not more than $500.00 or given same equivalency in
community service, or both.
SECTION 1500.8
Ground for Refusing Registration. The Registrar shall refuse registration of a vehicle under
the following circumstances:
(A) No registration shall be issued unless the applicant is residing or domicile
within the boundaries of the Bad River Reservation;
(B) The required fee has not been paid;
(C) The applicant has failed to furnish the information or documents required
by the Bad River Band pursuant to this ordinance;
(D) Because certificate of title is a prerequisite to registration of the vehicle
and the applicant does not hold a valid certificate of title and is not
entitled to the issuance of a certificate of title, because of court order or death.
SECTION 1500.9
Vehicles Exempt from Registration. A vehicle, even though operated upon roads
within the boundaries of this Reservation, is exempt from registration when such vehicle:
(A) Is operated in accordance with the provisions exempting nonresident or
foreign-registered vehicles from registering;
(B) Is an implement of husbandry used exclusively in or incidental to
agricultural operations, not to include trucks;
(C) Is a trailer or semi-trailer permanently equipped with a well-drilling outfit
and used exclusively for such purposes;
(D) Is a forklift truck, a specially constructed road or truck tractor used for
shunting trailers or semi-trailers in terminal areas;
(E) Is a fixed trailer or semi-trailer which is not to be operated in conjunction
with a motor vehicle;
(F) Is a motor vehicle being towed;
(G) Is a piece of road machinery;
(H) Is a motor truck which is operated upon a highway only when directly crossing such
highway; or
(I) Is a motor vehicle currently registered in another Jurisdiction.
SECTION 1500.10
21- day Permit; Temporary Registration Certificate. A vehicle may be operated by a
private person after the date of purchase of such vehicle by such private person, or after the date such
person moved to this reservation or lands subject to the jurisdiction of the Band, once the person has
obtained a temporary 21-day registration certificate from the Registrar. The owner shall make
application upon forms prescribed by the Registrar and remit the required fee of $5.00. All
temporary certificates shall be affixed to the interior rear window of the vehicle, on the driver’s side
of the car and in a position as not to obstruct the rear-view of any driver. The Registrar shall issue no
other temporary registration certificate upon expiration of the first 21-day permit.
SECTION 1500.11
Penalty for operating Unregistered or Improperly Registered Vehicle(s). It is unlawful
for any person to operate or for an owner to consent to being operated on any public roads within the
boundaries of the Bad River Reservation, any motor vehicle, trailer, or semi-trailer or any other
vehicle for which a registration fee is specifically prescribed unless at the time or operation the
vehicle in question either is registered with the Bad River Reservation another jurisdiction or is
exempt from registration.
SECTION 1500.11.1
All vehicles subject to renewal or registration may be operated provided that application of
re-registration has been made.
SECTION 1500.11.2
Any person violating Section 1500.6 shall forfeit not less than $5.00 and not more the $50.00
or given the same in equivalent community service, or both. In addition to imposing the penalty, the
Court shall order the offender to make application for registration or re-registration and to pay the fee
thereof.
SECTION 1500.11.3
If upon order of the Court to register or re-register a vehicle, the owner fails to comply, the
Court shall have the power to order any Law Enforcement Officer of the Band to seize and impound
any unregistered or unlawfully registered vehicle and to hold the same until such time as the owner
complies with the provisions of the Ordinance. All costs incurred in the holding, seizure by order of
the Court shall be the responsibility of the owner of the vehicle. Any vehicle held, under seizure
order of the Court, shall be sold at public auction to the highest bidder, including all costs incurred,
after thirty (30) days from the date of seizure. The owner of the vehicle shall have the right to
petition the Court to half any public auction of the said vehicle at any time prior to the sale. The
Registrar shall have the right to reject any and all bids received which are less than the appraised
value of the vehicle. All proceeds derived from the sale of the vehicle, less all costs incurred by the
Band, including monetary assessments shall become the property of the legal owner as defined in
Section 1500.5. If, in the event the sale does not realize sufficient proceeds to pay off any security
interest, the owner prior to auction shall be obligated to the secured party for any balance remaining.
The secured party shall have the right to be listed as a secured party on any other certificate of title
for a vehicle registered in the Band and owned by the person prior to the auction. Nothing herein
shall limit the rights of any secured party in any vehicle registered with the Bad River Band.
SECTION 1500.12
Removal of Registration. Applications for removal of registration shall contain the
information required in Section 1500.6.1 for application or such parts thereof as the Registrar deems
necessary to assure the proper registration of the vehicle.
SECTION 1500.13
Design, Procurement and Issuance of Registration Plates. The Band shall determine the
size, color, and design of registration plates provided the plates contain visible evidence of the period
for which the vehicle is registered, as well as being a means of identifying the specific vehicle or
owner that the plates were issued to.
SECTION 1500.13.1
The Registrar upon registering a vehicle pursuant to this ordinance shall issue and deliver
prepaid to the applicant two registration plates for each automobile, motor truck, motor bus, school
bus or self-propelled mobile home registered.
SECTION 1500.13.2
The Registrar upon registering a trailer or motorcycle pursuant to this Ordinance shall issue
and deliver prepaid to the applicant one registration plate.
SECTION 1500.13.3
All registration plates shall have displayed upon the following:
(A) The registration number or letter assigned to the vehicle or owner.
(B) The name “Bad River Band” or an abbreviation thereof.
(C) An indication of the period for which the specific plates are issued or the date of
expiration of registration.
(D) All registration plates issued shall be treated with a reflective material.
SECTION 1500.14
Issuance of Replacement or Duplicate Plates. Whenever current registration plates are
illegible, lost or destroyed the owner of the vehicle shall immediately apply to the Registrar for
replacements. Upon satisfactory proof of the loss or destruction of the plates and upon payment of a
fee of $5.00 and the cost of replacement, the Registrar shall issue a replacement.
Upon receipt of his replacement plates, the applicant shall forthwith surrender to the
Registrar his illegible plates. When issuing replacement plates, the Registrar may assign a new
number and issue new plates rather than a duplicate of the original if in his judgment that is in the
best interest of the economy or prevention of fraud. In such event, the person receiving the
replacement plates shall surrender current plate(s).
SECTION 1500.15
Penalty for Failure to Surrender Illegible Plates. Any person issued replacement plates
who fails to surrender his or her illegible plates as required by Section 1500.14 may be required to
pay a forfeiture of not less than $5.00 and not more than $100.00.
SECTION 1500.16
Disposition of Plates Upon Sale of Vehicle. Registration plates shall remain with the owner
upon sale or disposal of the vehicle.
SECTION 1500.17
Transfer of Registration Plates. Registration plates may be transferred upon application as
prescribed in Section 1500.6.1 of this ordinance, including additional information as the Registrar
may deem necessary, and upon payment of transfer fees and any additional registration fees.
Transfer of staggered registration may require a pro-rating of registration fees at 1/12th the total cost
of registration for the remaining portion of previous registration, with a credit allowed for the unused
portion of previous registration.
SECTION 1500.18
Display of Registration Plates. Plates issued to an automobile, motor truck, motor bus,
school bus or self-propelled mobile home shall be attached firmly and rigidly in a horizontal
position, one to the rear of the vehicle and one to the front. Plates issued to a trailer or motorcycle
shall be attached firmly and rigidly in a horizontal position to the rear of said trailer or motorcycle.
The plates shall at all times be maintained in a legible condition and shall be so displayed that they
can be readily and distinctly seen and read. Any peace officer may require the operator of any
vehicle on which plates are not properly displayed to display such plates as required by this section.
SECTION 1500.19
Penalty for Improper Display of Registration Plates. Any of the following may result in a
forfeiture of not less than $50.00 and not more than $100.00 for each occasion:
(A) A person who operates a vehicle for which current registration plates or
insert tags have been issued without such plates or tags being attached to the
vehicle;
(B) A person who operates a vehicle with registration plates attached in a non-rigid or
non-horizontal manner or in an inconspicuous place so as to make it difficult to see
and read the plates; or
(C) A person who operates a vehicle with registration plates in an illegible condition due
to the accumulation of dirt or other foreign matter as the deterioration or mutilation of
the plates.
SECTION 1500.20
Annual Registration Fees. A registration fee as herein set forth shall be paid for all motor
vehicles, not exempted by Section 1500.0, using the public streets or roads within the boundaries of
the Bad River Reservation for each calendar year as set forth by the Tribal Council.
SECTION 1500.21
Additional Fees. The following additional charges must be included when computing
registration costs, as set forth by the Tribal Council:
(A) $5.00 Filing Fee for each application.
(B) $20.00 Late Transfer Penalty for all vehicles that are registered ten (10) days after
purchase.
(C) $3.00 Filing Fee for each renewal application.
(D) 1/12 of the annual registration fee for every month or part thereof that registration
renewal is late.
SECTION 1500.22
Other Fees to be set forth by the Tribal Council.
(A) Duplicate Validation Sticker - (each).
(B) Duplicate Registration Renewal Card -
(C) Duplicate Registration Certificate -
(D) Duplicate Registration Plates - plus the cost of replacement.
SECTION 1500.23
Motorcycle Registration Fee. A registration fee for each calendar year shall be paid for all
motorcycles using the public streets and roadways within the boundaries of the Bad River
Reservation, as set forth by the Tribal Council.
SECTION 1500.24
Trailer Registration Fee. A registration fee as herein set forth shall be paid for all trailers
drawn upon the public streets and roadways within the exterior boundaries of the Bad River
Reservation, as set forth by the Tribal Council.
(A) A fee shall be paid for all two-wheel utility and recreational trailers with a gross
weight of less than 1,500 pounds.
(B) A fee shall be paid for all other two-axle trailers with a gross weight of more than
1,500 pounds, but less than 25,000 pounds.
SECTION 1500.25
Refundable Fees. The Bad River Band shall not refund a fee paid to it except when
expressly authorized or directed by this Section.
SECTION 1500.25.1
The Bad River Registrar shall refund the unused portion of the registration fee paid for the
registration of a vehicle upon application for such refund upon a form prescribed by the Registrar
and upon furnishing of such proof as the Registrar may require that the vehicle will not be operated
within the exterior boundaries of the Bad River Reservation during the remainder of the period for
which the vehicle is registered, and registration plates. The refund shall be computed on a monthly
basis, one-twelfth of the annual registration fee for each calendar month or fraction thereof, during
which the motor vehicle will not be used on any road within the exterior boundaries of the Bad River
Reservation.
SECTION 1500.26
Contents, Issuance and Display of Certificates of Registration; Issuance of Duplicate
Certificate. The Registrar upon registering a vehicle shall issue and deliver to the owner a
certificate of registration. The certificate shall contain the name and address of the owner, the make,
model and year of the vehicle, the registration number assigned and the date of expiration of
registration. The certificate shall be in such form and may contain such additional information as the
Registrar deems advisable. A Vehicle Seller’s Report of Sale form shall be on the reverse side of the
Certificate of Registration.
SECTION 1500.27
The Registrar shall issue a duplicate certificate of registration upon application thereof by any
person in whose name the vehicle is registered and upon payment of a fee, set by the Tribal Council.
SECTION 1500.28
Fraudulent Application for Registration or License. A person who with fraudulent intent
uses a false or fictitious name or address, or makes a materially false statement, or fails to disclose a
security interests, or conceals any other material fact in an application for a registration or submits a
false, forged, or fictitious document in support of an application for a registration and/or license
plate, shall face legal action and may be adjudged a forfeiture of not less than $50.00 and not more
than $500.00.
SECTION 1500.29
Odometer Reading. A person who knowingly tampers with or alters a motor vehicle
odometer reading, or causes another person to alter or tamper with a motor vehicle odometer reading,
shall be liable to any person injured by a violation. Any person injured by a violation of the section
shall recover the actual damages sustained together with costs and disbursements, including a
reasonable attorney’s fee provide that the court in its discretion may increase the award of damages
to an amount not to exceed three times the actual damages sustained, or $1,500, whichever is greater.
SECTION 1500.30
Improper Use of Registration. Any person who does any of the following shall forfeit at
least $25.00 and not more than $300.00:
(A) Lends to another a registration plate, knowing that the person borrowing the plate is
not authorized by law to use it;
(B) Displays upon a vehicle a registration plate not issued for such vehicle, or not
otherwise authorized by law to be used thereon; or
(C) Willfully twists, paints, alters or adds to, or cuts off any portion of a registration plate
or sticker; or who places or deposits or causes to be placed or deposited on such plate
or sticker any substance to hinder the normal reading of such plate; or who defaces,
disfigures changes or attempts to change any letter or figure thereon.
(D) Sells, trades, barters, or otherwise disposes of the plates in a manner which is
prohibited by provisions of this Ordinance.
SECTION 1500.31
False Evidence of Registration. Whosoever operates or has in his or her possession of a
motor vehicle, motor home, trailer or semi-trailer or other vehicle registration which attached thereto
any plates or similar device fashioned in the imitation of or altered so as to resemble the current
registration plates issued by the Bad River Band may be fined not less than $50.00 and not more than
$250.00.
SECTION 1500.32
Suspension/Revocation of Registration. The Registrar of the Bad River Band shall suspend
and/or revoke the registration when:
(A) The registration was complete through fraud or error and the person who registered
the vehicle does not or cannot register vehicle properly; or
(B) The required fee has not been paid and the same is not paid with interest at the rate of
12 percent per annum upon reasonable notice and demand.
(C) The registered owner is in violation of any provision of this ordinance.
SECTION 1500.33
Period of Suspension. Any registration suspended pursuant to this Section continues to be
suspended until reinstated by the Registrar. The Registrar shall reinstate the registration when the
reason for the suspension has been removed.
SECTION 1500.34
Return of Registration Plates; Penalty for Non-Compliance. Whenever the registration of
a vehicle is suspended under this Section, the owner or person in possession of the registration plates
shall forthwith return them to the Bad River Band. Any person who fails to return the plates as
required by this Section may be required to forfeit not more than $50.00.
SECTION 1500.35
Revocation. Revocation of registration shall occur when the period of suspension exceeds
90 days. The State of Wisconsin and the owner shall be notified in writing that the registration has
been revoked pursuant to this Section.
SECTION 1500.36
Venue
Any disputes arising under this Section shall be brought before the Bad River Tribal Court.
SECTION 1500.37
When Certificate of Title Required. The owner of a vehicle subject to registration on the
Bad River Reservation, shall make application for certificate of title with the State of Wisconsin for
the vehicle under the following circumstances:
(A) if he has newly acquired the vehicle;
(B) if he applies for registration of the vehicle for which he does not hold a valid
certificate of title previously issued to him for the vehicle in question, he shall at the
same time apply for a certificate of title; or
(C) A vehicle which is presently in possession.
SECTION 1500.38
Eligibility a Prerequisite. An applicant’s eligibility for a certificate of title is a prerequisite
to registration of the vehicle. If the applicant for registration holds a valid certificate of title
previously issued to him by the State of Wisconsin for the vehicle in question, that is prima facie
evidence that he is the record owner of the vehicle and he need not apply for a new certificate of title
each time he or she applies for registration.
SECTION 1500.39
Certificate of Title.
The state of Wisconsin shall retain control of Certificates of Title to motor vehicles as
evidenced in the Band/State Reciprocal Agreement.
SECTION 1500.40
Cancellation of Title or Registration. The Registrar shall cancel registration whenever:
(A) A transfer of title is set aside by the Court by order or judgment; or
(B) It is subsequently discovered that the issuance or possession of a title or registration is
prohibited by law.
SECTION 1500.41
New Title.
When any person who dies testate or intestate and that person is the legal owner of a vehicle
registered under the laws of the Bad River Band, the Registrar shall issue a new registration, as
follows:
(A) Upon receipt of an order from the Bad River Tribal Court or a court of competent
jurisdiction so directing any said issuance; or
(B) Upon receipt of a properly executed form(s) as prescribed by the Registrar and all
required accompanying documents which provides for the transfer of interest and
ownership to an individual (or individuals) stated thereon.
SECTION 1500.42
Re-titling in Proper Jurisdiction.
When a certificate of title is issued to a new owner and the new owner is not eligible to have
said vehicle registered under the laws of the Band, said new owner shall promptly register the vehicle
with the appropriate jurisdiction.
SECTION 1500.43
When Registrar to Issue a New Registration. The Registrar upon receipt of a properly
assigned certificate of title, with an application for a new registration, the required fee and any other
transfer documents required by Ordinance, to support the transfer, shall issue a new registration in
the name of the transferee as owner.
SECTION 1500.44
Maintenance of Records.
The Registrar shall keep accurate and updated lists of all registration plates issued, the
number thereof, the name of the owner and the description of the motor vehicle for a period of 7
years from the date of issuance.
SECTION 1500.4553
Police Powers. Any duly sworn Law Enforcement Officer, including Law Enforcement
Officer of the State of Wisconsin are hereby authorized and empowered to enforce the provisions of
this Ordinance and any other Ordinance of the Bad River Band and to execute and serve all warrants
and processes issued by the Bad River Tribal Court under any law of the Bad River Band.
SECTION 1500.46
Citations.
When a person is cited for any violation of this ordinance, the officer shall prepare in
quadruplicate, written notice to appear before the Court. This notice has the effect of, and serves as a
summons and complaint. The written notice must be signed by the officer, describe the violation, the
date and time of return or first appearance before the courts and the address of the court. In order to
secure appearance, the cited person must give his written notice prepared by the arresting officer.
The officer shall retain the original of the notice and deliver the copy thereof marked “summons” to
the person cited. If the person so summoned fails to appear on the day, the Court shall issue an order
to show cause, and may subject the person to the court powers of contempt.
SECTION 1500.47
Authorization to Enter Trust Land for Enforcement.
Any duly sworn law enforcement officer is hereby authorized and empowered to enter upon
any trust land within the jurisdiction of the Band for the purpose of carrying out the duties and
functions of his office.
SECTION 1500.48
Enforcement.
It shall be illegal for any person to willfully hinder, resist or obstruct a law enforcement
officer in the performance of his official duty, or refuse to submit anything called for by him for his
inspection when authorized by law.
SECTION 1500.49
Jurisdiction for Violations Bad River Tribal Court.
The Bad River Tribal Court is hereby granted jurisdiction for any cause of action which arises
from this Chapter. Nothing in this Chapter shall operate or be construed as a waiver of the sovereign
immunity of the Bad River Band or the Bad River Tribal Council.
SECTION 1500.50
Enforcement by Registrar.
The Registrar shall enforce all provisions of this Chapter. He or she may prescribe all rules
and regulation consistent with the provisions of this Chapter through the issuance of Registrar
Orders. He or she may call upon the Bad River Tribal Council or any Band law enforcement officer
to aid him or her in the performance of his or her duties. He or she may appoint current employees
of the Bad River Band as designees as may be required to administer the provisions of this
Ordinance.
SECTION 1500.51
Severability.
If any provision of this Ordinance or the application thereof to any person, business,
corporation or circumstances is held invalid, the invalidity shall not affect other provisions or
application of the Ordinance which can be given effect without the invalid provision or application
and to this end the provisions of this Ordinance are declared severable.
SECTION 1500.52
Limited Waiver of Sovereign Immunity.
The Bad River Band hereby waives sovereign immunity to be used only in the Bad River
Tribal Court or such other court as the Bad River Tribal Council may designate in any seizure of
property matter pursuant to the provisions of this Ordinance. However, any such action shall only be
directed against the Registrar, in his/her official capacity in order to challenge any seizure action.
Any and all seizure cause of action which arise pursuant to this Ordinance shall be limited to actions
against the Registrar in his/her official capacity for an order returning any seized goods or the
proceeds of a sale of such seized goods if in the possession of the Registrar or his/her office. All
other causes of action which arise pursuant to this Ordinance shall be limited in relief to declaratory
or injunctive measures and no damages, monetary or otherwise, including but not limited to attorney
fees, shall be permitted. All causes of action arising must be commenced by service of complaint
and filing same within 90 days of the first event giving rise to the cause of action.
SECTION 1500.53
Reservation of Right.
The Bad River Tribal Council hereby reserves the right to alter, amend or increase or
decrease the fees, forfeiture and penalties imposed herein, amend or repeal the several provisions of
this Ordinance, and all rights and privileges granted or extended hereunder shall be subject to such
reserved right.
SECTION 1500.54
Revenue Distribution.
All revenue derived from fees imposed by this Ordinance shall be deposited in the general
revenue account of the Bad River Band.
SECTION 1500.55
Band Attorney Obligations. The Attorney(s) designated by the Bad River Tribal Council
shall represent the interests of the Bad River Band and the Registrar of Motor Vehicles in any matter
arising from any provision of this Band Ordinance before the Bad River Tribal Court.
SECTION 1500.56
American Association of Motor Vehicle Administrators: Policy Positions.
The Bad River Tribal Council hereby declares that the implementation of the provisions of
this Ordinance shall be accomplished, as much as feasible, according to the policies promulgated by
the American Association of Motor Vehicle Administrators, which is hereby incorporated by
reference into this Ordinance.
CHAPTER 1600
REGULATION OF THE USE OF FIREWORKS
Adopted Pursuant to Bad River Tribal Council Resolution 6-27-03-100
SECTION 1600.1
INTRODUCTION
The following is the ordinance regulating the use of fireworks within the exterior boundaries
of the Bad River Reservation.
SECTION 1600.2
PURPOSE
The Bad River Band seeks to limit the noise and disruption caused by the indiscriminate use
of fireworks at an inappropriate time.
SECTION 1600.3
SCOPE
The ordinance applies to all tribally controlled lands within the exterior boundaries of the
Bad River Reservation.
SECTION 1600.4
AUTHORITY:
This ordinance is enacted pursuant to Article VI, Section 1(q) of the Constitution and Bylaws
of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
SECTION 1600.5
SEVERABILITY:
If any portion of this ordinance is found to be invalid for any reason, the remaining portions
of this ordinance shall remain in effect.
SECTION 1600.6
DEFINITIONS
SECTION 1600.7
AUTHORIZED DAYS AND HOURS OF THE USE OF FIREWORKS
Under this chapter the Tribal Council shall establish days and hours which authorize or
prohibit the use of fireworks on the Bad River Reservation.
SECTION 1600.8
RETAIL AND WHOLESALE SALE OF FIREWORKS
Reserved
SECTION 1600.9
AGE LIMIT FOR PURCHASE, SALE AND POSSESSION OF FIREWORKS
Reserved
SECTION 1600.10
PENALTIES
Violation of this ordinance shall carry a forfeiture of not more than $50.00 for the first
offense; $100.00 for the Second offense within 3 years of the first offense; and $500.00 for three or
more offenses within 3 years of the first offense. Violators are also subject to immediate
confiscation of all fireworks in the immediate possession of the violator or violators.
SECTION 1600.11
JURISDICTION
The Bad River Tribal Court shall have exclusive jurisdiction over violations and disposition
of matters arising from this ordinance.