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RST Constitution
Preamble
Article I - Territory
Article II - Membership
Article III - Governing Body
Article IV - Powers of the Rosebud Sioux Tribal Council
Article V - Community Organization
Article IV - Elections
Article VII - Initiative, Referendum, Recall and Removal
Article VIII - Land
Article IX - Amendments
Article X - Bill of Rights
Article XI - Tribal Court
By-Laws Of the Rosebud Sioux Tribe
Article I – Duties of Officers
Article II – Duties of Councilmen
Article III – Oath of Office
Article IV – Salaries
Article V – Meetings of Council
Article VI – Sioux Councils
Article VII – Adoption of Constitution and By-Laws
Law & Order Code
Rosebud Sioux Tribe Law and Order Code - Introduction
Title One - Probate and Guardianship
Chapter One - Tribal Probate Code
1-1-1. JURISDICTION OF THE TRIBAL COURT
1-1-2. DUTY TO PRESENT WILL FOR PROBATE
1-1-3. PROVING AND ADMITTING WILL.
1-1-4. INITIATING ADMINISTRATION OF ESTATE.
1-1-5. APPOINTMENT, QUALIFICATIONS AND DUTIES OF ADMINISTRATOR.
1-1-6. APPOINTMENT AND DUTIES OF APPRAISER.
1-1-7. SUMMARY PROBATE OF EXEMPT ESTATES.
1-1-8. HOMESTEAD EXEMPTION.
1-1-9. CLAIMS AGAINST THE ESTATE.
1-1-10. SALE OF PROPERTY.
1-1-11. PERIODIC ACCOUNTING.
1-1-12. SETTLEMENT OF FINAL ACCOUNT, DETERMINATION OF HEIRSHIP.
1-1-13. DESCENT AND DISTRIBUTION.
1-1-14. ESCHEAT.
1-1-15. EFFECT OF ADOPTION.
1-1-16. CLOSING ESTATE.
1-1-17. FAMILY ALLOWANCE.
Chapter Two - Guardianship
1-2-1. GUARDIAN DEFINED.
1-2-2. AUTHORITY TO APPOINT GUARDIAN.
1-2-3. PETITION FOR GUARDIANSHIP.
1-2-4. NOTICE AND HEARING.
1-2-5. QUALIFICATIONS OF GUARDIANSHIP.
1-2-6. SECURITY OF GUARDIAN.
1-2-7. LETTERS OF GUARDIANSHIP.
1-2-8. INVENTORY AND APPRAISAL.
1-2-9. ANNUAL ACCOUNTING.
1-2-10. COMPENSATION OF GUARDIAN.
1-2-11. POWERS OF GUARDIANS.
1-2-12. SALE OF PROPERTY.
1-2-13. ACTIONS AGAINST THE GUARDIAN.
1-2-14. DISCHARGE OF GUARDIAN.
1-2-15. GUARDIANSHIP RECORDS.
1-2-16. GUARDIANSHIP AND TRUST PROPERTY.
1-2-17. TEMPORARY GUARDIANSHIP.
1-2-18. REMOVAL OF GUARDIANS.
1-2-19. NOTICE FOR REMOVAL OF GUARDIAN.
Title Two - Domestic Relations
CHAPTER 1 - DIVORCE AND SEPARATE MAINTENANCE
2-1-1. TERMINATION OF MARRIAGE.
2-1-2. GROUNDS OF DIVORCE.
2-1-3. EXTREME CRUELTY DEFINED.
2-1-4. WILLFUL DESERTION DEFINED.
2-1-5. WILLFUL NEGLECT DEFINED.
2-1-6. HABITUAL INTEMPERANCE DEFINED.
2-1-6.1. IRRECONCILABLE DIFFERENCES DEFINED.
2-1-7. TIME PERIOD FOR CERTAIN GROUNDS.
2-1-8. CHRONIC ILLNESS.
2-1-9. RESIDENTIAL REQUIREMENTS.
2-1-10. WAITING PERIOD BEFORE TRIAL OF DIVORCE.
2-1-11. ALIMONY PENDING DECREE.
2-1-12. DECREE OF SEPARATE MAINTENANCE AUTHORIZED.
2-1-13. ACTION FOR SEPARATE MAINTENANCE.
2-1-14. ALLOWANCE FOR SUPPORT WHEN DECREE ENTERED.
2-1-15. SECURITY FOR PAYMENTS.
2-1-16. SUPPORT PAYMENTS TO CLERK OF COURTS OR SOCIAL SERVICES.
2-1-17. PROPERTY DIVISION.
2-1-18. NOTIFICATION OF CHILD PROVISIONS AUTHORIZED.
2-1-19. PRIOR NAME RETURNED TO WOMAN.
2-1-20. REPORT OF DIVORCES TO STATE HEALTH DEPARTMENT.
2-1-21. VISITATION RIGHTS FOR GRANDPARENTS.
CHAPTER 2 - ADOPTION
2-2-1. AUTHORITY OF THE COURT.
2-2-2. AGE OF CHILD AND ADOPTIVE PARENT.
2-2-3. STATUS OF CHILDREN BORN TO UNMARRIED WOMEN.
2-2-4. CONSENT.
2-2-5. CONSENT OF PARENTS.
2-2-6. MULTIPLE ADOPTIONS.
2-2-7. ECAGWAYA OR TRADITIONAL ADOPTION.
2-2-8. WAITING PERIOD.
2-2-9. PETITION FOR ADOPTION.
2-2-10. INVESTIGATION OF PETITION.
2-2-11. NOTICE OF HEARING.
2-2-12. SERVICE BY PUBLICATION.
2-2-13. APPEARANCES.
2-2-14. EXAMINATION AND FINDINGS BY THE COURT.
2-2-15. ENROLLMENT NOT AFFECTED.
CHAPTER 3 - PROTECTION FROM ADULT ABUSE
2-3-1. DEFINITION.
2-3-2. JURISDICTION.
2-3-3. PETITION FOR RELIEF.
2-3-4. ASSISTANCE IN FILING PETITION-EXTENSION-HEARING-COST AND ATTORNEY FEES.
2-3-5. SCOPE OF PROTECTION ORDER.
2-3-6. STATEMENT OF PENALTY FOR VIOLATION INCLUDED IN PROTECTION ORDER.
2-3-7. PROTECTION ORDER NOT TO AFFECT TITLE TO REAL PROPERTY.
2-3-8. EXECUTION OF BOND NOT REQUIRED.
2-3-9. DURATION OF PROTECTION ORDER-MODIFICATION.
2-3-10. COPIES OF PROTECTION ORDER TO BE ISSUED.
2-3-11. PENALTY FOR VIOLATION OF ORDER OR A CONSENT AGREEMENT-CIVIL CONTEMPT.
2-3-12. ARREST FOR VIOLATION OF PROTECTION ORDER-ARREST WITHOUT WARRANT.
2-3-13. ARRESEE TO ANSWER CHANGE OF CONTEMPT HEARING BOND-NOTIFICATION TO PROTECTED PARTY.
2-3-14. LEAVING RESIDENCE, NECESSARY FORCE NOT TO AFFECT RIGHT TO RELIEF.
CHAPTER 4 - MARRIAGE OF TRIBAL MEMBERS
2-4-1. JURSDICTION.
2-4-2. MARRIAGE BY TRIBAL CUSTOMS.
2-4-3. ACCESS TO TRIBAL COURTS.
2-4-4. EFFECT OF PRIOR ENACTMENTS.
Title Three - Juveniles
CHAPTER 1 - GENERAL PROVISIONS
3-1-1. PURPOSE AND CONSTRUCTION.
3-1-2. DEFINITIONS.
3-1-3. PROCEDURES ESTABLISHED.
3-1-4. JURISDICTION.
3-1-5. POWERS AND DUTIES.
3-1-6. JUDGES.
3-1-7. OTHER OFFICER APPOINTMENTS, SALARIES AND DUTIES.
3-1-8. COURT.
CHAPTER 2 - ADULTS
3-2-1. PROCEDURES APPLICABLE.
3-2-2. CONSENT TO JURISDICTION BY PERSONS LIVING OFF THE RESERVATION.
CHAPTER 3 - PROCEDURE
3-3-1. RULES OF PROCEDURES.
3-3-2. COMMENCEMENT OF ACTIONS.
3-3-3. PETITIONS-CONSENT.
3-3-4. VERIFICATION OF PETITION.
3-3-5. PETITION.
3-3-6. EXAMINATIONS.
3-3-7. PETITIONS-DISMISSAL.
3-3-8. PROFESSIONAL AND TRIBAL ATTORNEYS.
3-3-9. SUMMONS-WHEN REQUIRED.
3-3-10. SUMMONS-CONTENT-REQUIREMENTS.
3-3-11 SUMMONS-OTHER PERSONS.
3-3-12. IMMEDIATE CUSTODY OF CHILD.
3-3-13. EMERGENCY CUSTODY OF CHILD.
3.3.14. EMERGENCY MEDICAL TREATMENT.
3-3-15. COMPULSORY ATTENDANCE OF WITNESS.
3-3-16. MANNER OF SERVICE-BY WHOM SERVED.
3-3-17. SUBSTITUTED SERVICE –JURISDICTION.
3-3-18. SERVICE-TIME REQUIRED.
3-3-19. SEARCH AND SEIZURE WARRANTS.
3-3-20. INVESTIGATION AND HEARINGS.
3-3-21. ARREST AND DETENTION OF CHILDREN.
3-3-22. DISPOSITION OF CASES.
3-3-23. JUDGMENTS AND ORDERS.
3-3-24. SUPPORT OF CHILDREN.
3-3-25. APPEALS.
3-3-26. MISCELLANOUS PROVISIONS.
CHAPTER 4 - INDIAN CHILD WELFARE ACT AND CHILD CUSTODY PROCEEDINGS - THE MINOR IN NEED OF CARE/CHILD IN NEED OF SUPERVISION PETITION
3-4-1. PURPOSE AND POLICY OF LAW - AMENDMENT
3-4-2. DEFINITIONS - AMENDMENT
3-4-3. ADMINISTRATION - AMENDMENT
3-4-4. JURISDICTION - AMENDMENT
3-4-5. INTERVENTION IN CHILD CUSTODY PROCEEDINGS IN STATE COURT - AMENDMENT
3-4-6. MOTION FOR TRANSFER OF JURISDICTION UNDER 25 U.S.C. - 1911 (b), BY PARTY OTHER THAN THE ROSEBUD SIOUX TRIBE - AMENDMENT
3-4-7. PROCEDURE FOR TRANSFER UNDER 25 U.S.C. 1911 (b) - AMENDMENT
3-4-8. PROCEDURES AND STANDARDS IN MINOR IN NEED OF CARE CASE PLACEMENT PREFERENCES, ACTIVE EFFORTS; STANDARD OF PROOF; EXPERT TESTIMONY - AMENDMENT
3-4-9. PRESERVATION OF TRIBAL RIGHTS OF A ROSEBUD SIOUX CHILD - AMENDMENT
3-4-10. VOLUNTARY TERMINATION - AMENDMENT
3-4-11. THE MINOR IN NEED OF CARE / CHILD IN NEED OF SUPERVISION PETITION - AMENDMENT
3-4-12. EMERGENCY CUSTODY OF CHILD - AMENDMENT
3-4-13. INITIAL HEARING - AMENDMENT
3-4-14. ADJUDICATION HEARING - AMENDMENT
3-4-15. DISPOSITION HEARING - AMENDMENT
3-4-16. REVIEW HEARING - AMENDMENT
3-4-17. PLACEMENT AND CUSTODY OF CHILDREN - AMENDMENT
CHAPTER 6 - COMPULSORY SCHOOL ATTENDANCE
3-6-1 Compulsory School Attendance.
3-6-2 Compulsory School Attendance - Notice.
3-6-3 Failure to Attend School.
3-6-4 Failure to Send Wakanyeja to School.
3-6-5 Reports of Wakanyeja Truancy Required.
3-6-6 Wakanyeja Not Allowed in Public Unattended During School Hours.
3-6-7 Penalties.
3-6-8 Habitual Truancy.
CHAPTER 7 - TRUANCY
3-7-1 Purpose.
3-7-2 Initial Action Upon Wakanyeja pi Failure To Attend School.
3-7-3 Attendance Review Conference - Purpose and Conduct.
3-7-4 Attendance Review Conference - Participation Voluntary.
3-7-5 Informal Attendance Plan.
3-7-6 Truancy Board - Requirement.
3-7-7 Truancy Board - Composition and Purpose.
3-7-8 Truancy Board - Participation Voluntary
3-7-9 Truancy Remediation Plan
3-7-10 Truancy Remediation Plan - Monitoring and Review
3-7-11 Review Meetings
3-7-12 Meetings - Time and Location
3-7-13 Recommendation for Truancy Petition
3-7-14 Truancy Petition - Contents
3-7-15 Truancy Petition - Time for Filing
3-7-16 Truancy Petition - Dismissal and Refiling
3-7-17 Initial Hearing - Time Limit
3-7-18 Initial Hearing - Conduct
3-7-19 Initial Hearing - Determination of Reasonable Grounds
3-7-20 Adjudication Hearing - Time Limit
3-7-21 Adjudication Hearing - Purpose
3-7-22 Adjudication Hearing - Burden of Proof
3-7-23 Adjudication Hearing - Conduct
3-7-24 Finding on Adjudication
3-7-25 Predisposition Report - Requirement
3-7-26 Predisposition Report - Contents
3-7-27 Alternative Predisposition Reports or Recommendations
3-7-28 Predisposition Examinations and Investigations
3-7-29 Predisposition Reports and Examinations - Confidentiality
3-7-30 Predisposition Reports and Examinations - Filing and Service
3-7-31 Disposition Hearing - Time Limit
3-7-32 Disposition Hearing - Purpose
3-7-33 Disposition Hearing - Conduct At the disposition hearing, the Children’s Court:
3-7-34 Orders on Disposition
3-7-35 Disposition Options
3-7-36 Disposition Orders - Review
3-7-37 Disposition Orders - Duration and Termination
3-7-38 Disposition Orders - Modification or Extension
3-7-39 Disposition Orders - Violations
3-7-40 Habitual Truancy
Title Four - Civil Procedures
CHAPTER 1 - RULES OF CIVIL PROCEDURE
RULE 1. SCOPE OF RULES.
RULE 2. ONE FORM OF ACTION.
RULE 3. COMMENCEMENT OF ACTION.
RULE 4. SERVICE OF PROCESS.
RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS.
RULE 6. TIME.
RULE 7. PLEADINGS AND MOTIONS.
RULE 9. PLEADING OF SPECIAL MATTERS.
RULE 10. FORM OF PLEADINGS.
RULE 11. SIGNINGS OF PLEADINGS.
RULE 12. DEFENSES AND OBJECTIONS.
RULE 13. COUNTERCLAIMS AND CROSSCLAIMS.
RULE 14. THIRD PARTY NOTICE.
RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS.
RULE 16. PRETRIAL CONFERENCE.
RULE 17. PARTIES.
RULE 18. JOINDER OF CLAIMS AND REMEDIES.
RULE 19. JOINDER OF PERSONS NEEDED FOR A JUST ADJUDICATION.
RULE 20. PERMISSIVE JOINDER OF PARTIES.
RULE 21. MISJOINDER AND NON-JOINDER OF PARTIES.
RULE 22. INTERPLEADER.
RULE 23. CLASS ACTIONS AND STOCKHOLDER ACTIONS.
RULE 24. INTERVENTION.
RULE 25. SUBSTITUTION OF PARTIES.
RULE 26. DISCOVERY.
RULES 27 THROUGH 37 ARE RESERVED FOR FUTURE USE.
RULE 38. TRIALS.
RULE 39. RIGHTS TO TRIAL BY JURY.
RULE 40. ASSIGNMENT OF CASES FOR TRIAL.
RULE 41. DISMISSAL OF ACTION.
RULE 43. EVIDENCE.
RULE 44. PROOF OF OFFICIAL RECORDS.
RULE 45. SUBPOENAS.
RULE 46. EXCEPTIONS.
RULE 47. JURIES.
RULE 48. JURY VERDICTS.
RULE 49. SPECIAL VERDICTS.
RULE 50. MOTIONS FOR DIRECTED VERDICT AND FOR JUDGMENT NOTWITHSTANDING THE VERDICT.
RULE 51. INSTRUCTIONS AND ARGUMENTS TO THE JURY.
RULE 52. FINDINGS BY THE COURT.
RULE 53. RESERVED.
RULE 54. JUDGMENTS.
RULE 55. DEFAULT JUDGMENTS.
RULE 56. SUMMARY JUDGMENT.
RULE 57. DECLARATORY JUDGMENTS.
RULE 58. ENTRY OF JUDGMENT.
RULE 59. NEW TRIALS.
RULE 60. RELIEF FROM JUDGMENTS OR ORDERS.
RULE 61. HARMLESS ERROR.
RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGEMENT.
RULE 63. DISABILITY OR DISQUALIFICATIONS OF A JUDGE.
RULE 64. EXECUTION OF JUDGMENTS.
RULE 65. TEMPORARY RESTRAINING ORDER AND INJUNCTIONS.
CHAPTER 2 - LIMITATION OF ACTIONS AND SOVEREIGN IMMUNITY
4-2-1. SOVEREIGN IMMUNITY.
4-2-2. ACTIONS BY OR AGAINST THE TRIBE OR ITS OFFICERS OR EMPLOYEES.
4-2-3. ADOPTION BY REFERENCE DOES NOT CONSTITUTE A WAIVER OF SOVEREIGN POWER.
4-2-4. STATUTE OF LIMITATIONS.
4-2-5. PRINCIPLES OF CONSTRUCTION.
4-2-6. JURISDICTION OVER PERSONS.
4-2-7. PERSONAL SERVICE OFF OF RESERVATION.
4-2-8. LAW APPLICABLE TO ACTIONS IN TRIBAL COURT.
4-2-9. WHEN ORDER OF JUDGMENT OF OTHER STATE, TRIBAL OR FOREIGN COURT MAY BE RECOGNIZED IN TRIBAL COURT.
CHAPTER 3 - AMENDMENTS TO LAW AND ORDER CODE
4-3-1. DEFINITIONS OF TERMS.
4-3-2. AMENDMENTS BY ORDINANCE ONLY.
4-3-3. READING, PASSAGE AND PUBLICATION OF ORDINANCES.
4-3-4. PASSAGE OF RESOLUTIONS.
4-3-5. RECORDING OF VOTES ON ORDINANCES.
4-3-6. PUBLICATION AND EFFECTIVE DATE OF ORDINANCES.
4-3-7. RECORDING OF ORDINANCE IN ORDINANCE BOOK.
CHAPTER 4 - ALTERNATIVE REMEDY
4-4-1. ALTERNATIVE REMEDY TO A CIVIL ACTION.
4-4-2. INFORMAL HEARING.
4-4-3. PERSONS PRESENT.
4-4-4. OBJECTIVES OF THE INFORMAL HEARING.
4-4-5. COURT APPROVAL OF AGREEMENT.
4-4-6. FAILURE TO REACH AGREEMENT.
Title Five - Crimes
CHAPTER 1- PARTIES TO CRIMES
5-1-1. PERSONS CAPABLE OF COMMITTING CRIMES.
5-1-2. AIDING, ABETTING, ADVISING, OR ASSISTING CRIMINAL CONDUCT - CHARGED AND PUNISHED AS PRINCIPAL.
5-1-3. ACCESSORIES TO CRIME
5-1-4 Criminal Jurisdiction
CHAPTER 2 - CATEGORIES OF CRIMES
5-2-1A. CLASS D CRIMES.
5-2-1. CLASS C CRIMES.
5-2-2. CLASS B CRIMES.
5-2-3. CLASS A CRIMES.
5-2-4. Repeal
5-2-5 Reserved
5-2-6 SERVING JAIL TIME IN LIEU OF PAYMENT OF FINE.
CHAPTER 3 - ATTEMPTS TO COMMIT CRIME
5-3-1. ATTEMPT DEFINED-PUNISHMENT.
5-3-2. DEFENSES NOT AVAILABLE FOR CHARGE OF ATTEMPT.
CHAPTER 4 - GENERAL OFFENSES
5-4-1. CONDUCT FORCED OR UNDER THREAT OF FORCE.
5-4-2. VOLUNTARY INTOXICATION.
CHAPTER 5 - ASSAULTS AND RELATED CRIMES
5-5-1. SIMPLE ASSAULT.
5-5-2. AGGRAVATED ASSAULT.
5-5-3. REASONABLE FORCE DURING ARREST IS NOT ASSAULT.
5-5-4. REASONABLE ATTEMPT TO PREVENT CRIME AGAINST PERSONAL PROPERTY NOT ASSAULT.
5-5-5. REASONABLE FORCE USED BY A PARENT, GUARDIAN, OR TEACHER NOT ASSAULT.
5-5-6 ASSAULT WITH A BODILY FLUID AGAINST A PUBLIC SAFETY OFFICER OR A MEDICAL PROFESSIONAL.
CHAPTER 6 - KIDNAPPING AND RELATED OFFENSES
5-6-1. KIDNAPPING.
5-6-2. POSSESSION OF RANSOM OR REWARD ILLEGAL.
5-6-3. CUSTODIAL INTERFERENCE.
5-6-4. STALKING.
5-6-5. “HARASSES” DEFINED
5-6-6. “A CREDIBLE THREAT” DEFINED
5-6-7. STALKING A CHILD TWELVE OR YOUNGER.
5-6-8. ORDER OF PROTECTION.
CHAPTER 7- SEX OFFENSES
5-7-1 Aggravated Sexual Abuse
5-7-2 Sexual Abuse
5-7-3 Marital Defense Precluded
5-7-4 Abusive Sexual Contact
5-7-5 Sexual Contact without Consent with Person Capable of Consenting
5-7-6 Safety Zone of Child Victim of Sex Crime
5-7-7 Threatening to Commit a Sexual Offense
5-7-8 Bestiality
5-7-9 Sexual Act with an Animal Defined
5-7-10 Provisions of 5-7-8 and 5-7-9 not Applicable to Accepted Practices
5-7-11 Indecent Exposure
5-7-12 State of Mind Requirements
5-7-13 Sexual Exploitation of a Minor
5-7-14 Definitions
CHAPTER 8 - CRIMES AGAINST THE FAMILY
5-8-1. BIGAMY.
5-8-2. CRIMINAL NON-SUPPORT.
5-8-3. FAILURE TO SEND CHILDREN TO SCHOOL.
5-8-4. CHILD NEGLECT.
5-8-5. CHILD ABUSE.
5-8-6. REPORTS OF CHILD ABUSE REQUIRED.
5-8-7. IMMUNITY FOR LIABILITY FROM REPORTING SUSPECTED CHILD ABUSE.
5-8-8. PRIVILEGED COMMUNICATIONS NOT AVAILABLE IN DEFENSE OF CHILD ABUSE OR NEGLECT PROCEEDING.
5-8-9. COMPELLING ANOTHER TO MARRY.
CHAPTER 9 - PROSTITUTION AND RELATED OFFENSES
5-9-1. PROSTITUTION.
5-9-2. PIMPING.
5-9-3. PROCURING, PROMOTING, OR PATRONIZING PROSTITUTION.
5-9-4. DEFINITIONS.
5-9-5. HUSBAND-WIFE PRIVILEGE NOT AVAILABLE.
5-9-6. GIVING VENERAL DISEASE TO ANOTHER.
CHAPTER 10 - HOMICIDE
5-10-1. MURDER BY PREMEDITATED DESIGN.
5-10-2. FELONY MURDER.
5-10-3. MANSLAUGHTER.
5-10-4. VEHICLE HOMICIDE.
5-10-5 Reserved
5-10-6 JUSTIFIABLE HOMICIDE.
5-10-7. REFERRAL TO JUSTICE DEPARTMENT.
CHAPTER 11 - CRIMES RELATED TO WEAPONS
5-11-1. DEFINITIONS.
5-11-2. CONTROLLED WEAPON.
5-11-3. EXCEPTIONS TO CONTROLLED WEAPONS STATUTE.
5-11-4. DISCHARGE OF A WEAPON IN A PUBLIC PLACE.
5-11-5. CARRYING A CONCEALED WEAPON.
5-11-6. POSSESSION OF FIREARM BY FELON.
5-11-7. POSSESSION OF FIREARM OR DANGEROUS WEAPON WHILE INTOXICATED.
5-11-8. POSSESSION OF FIREARM BY A MINOR.
5-11-9. ANTIQUE FIREARMS EXEMPT.
5-11-10. FIREARMS PERMITS.
5-11-11. FORFEITURE OF WEAPONS OR FIREARMS.
CHAPTER 12 - DESTRUCTIVE DEVICES
5-12-1. DESTRUCTIVE DEVICE DEFINED.
5-12-2. PLACING DESTRUCTIVE DEVICE IN VEHICLE.
5-12-3 POSSESSION OF DESTRUCTIVE DEVICE WITH INTENT TO INJURE.
CHAPTER 13 - VANDALISM AND RELATED CRIMES
5-13-1. VANDALISM.
CHAPTER 14 - ESCAPE AND RELATED CRIMES
5-14-1. ESCAPE.
5-14-2. AIDING AN ESCAPE.
5-14-3 Possession of Contraband in a Correctional Facility.
CHAPTER 15 - DOG CONTROL AND RELATED CRIMES
5-15-1. CRUELTY TO ANIMALS.
5-15-2. DEFINITIONS.
5-15-3 OFFICE DESIGNATED.
5-15-4. LICENSING OF DOGS AND CATS REQUIRED.
5-15-5. LICENSING REQUIRES VACCINATION CERTIFICATION.
5-15-6. EXCEPTION.
5-15-7. DISPLAY OF TAGS.
5-15-8. AT LARGE PROHIBITED.
5-15-9. DUPLICATE TAGS.
5-15-10. FAILURE TO OBTAIN OR DISPLAY LICENSE.
5-15-11. LICENSING FEES AND FINES.
5-15-12. TRANSFERABILITY.
5-15-13. LICENSE RENEWAL.
5-15-14. PERMITS.
5-15-15. CHANGE IN OWNERSHIP.
5-15-16. PERMIT FEES.
5-15-17. FAILURE TO OBTAIN PERMIT.
5-15-18. ALL FACILITIES.
5-15-19. RABIES CONTROL.
5-15-20. VACCINATIONS.
5-15-21. RABIES TAG.
5-15-22. DUPLICATE TAGS.
5-15-23. DESIGNATION OF QUALIFIED PERSONS.
5-15-24. PROOF.
5-15-25. DUTY TO REPORT.
5-15-26. QUARANTINE OF ANIMALS.
5-15-27. BECOMING SICK IN QUARANTINE.
5-15-28. REMOVAL OF ANIMALS OF QUARANTINE.
5-15-29. DISPOSITION OF RABID ANIMALS.
5-15-30. LIABILITY FOR DAMAGE.
5-15-31. DISPOSITION OF ANIMAL INJURING LIVESTOCK.
5-15-32. NUISANCE.
5-15-33. RESTRAINT OF ANIMALS.
5-15-34. ANIMAL IN HEAT.
5-15-35. VICIOUS ANIMALS.
5-15-36. HARASSMENT, ORGANIZED FIGHTS, OR DELIBERATE INJURY/DEATH OF ANOTHER ANIMAL.
5-15-37. LIABILITY FOR DOG BITES.
5-15-38. LAWFUL PRESENCE ON PROPERTY WHERE ANIMAL RESIDES DEFINED.
5-15-39. PROVOCATION AS DEFENSE.
5-15-40. EXOTIC, WILDLIFE AND ENDANGERED SPECIES.
5-15-41. ANIMAL SHELTER.
5-15-42. REMOVAL OF ANIMALS FROM ANIMAL SHELTER.
5-15-43. REMOVAL OF BITE ANIMALS FROM QUARANTINE.
5-15-44. DISPOSITION OF IMPOUNDED LICENSED ANIMALS.
5-15-45. IMPOUNDMENT FEE.
5-15-46. UNWANTED ANIMALS.
5-15-47. INTERFERENCE WITH THE LICENSING AUTHORITY OR ITS AUTHORIZED REPRESENTATIVES.
5-15-48. PENALTY FOR VIOLATION.
CHAPTER 16 - PERJURY AND RELATED CRIMES
5-16-1. PERJURY.
5-16-2. FALSE ALARMS.
5-16-3. TAMPERING WITH WITNESSES.
5-16-4. RETALIATION AGAINST A WITNESS.
5-16-5. SOLICITATION.
5-16-6. TAMPERING WITH EVIDENCE.
5-16-7. TAMPERING WITH PUBLIC RECORDS.
5-16-8. IMPERSONATING AN OFFICER OR PUBLIC SERVANT.
5-16-9. DEFINITIONS.
5-16-10. COMPOUNDING A CRIME.
5-16-11. THREATENING OR INTIMIDATING A JUDICIAL OFFICER.
5-16-12. ATTEMPTING TO INFLUENCE JUROR AND OTHERS.
5-16-13. AGREEMENT TO GIVE A VERDICT.
5-16-14. RESISTING ARREST.
5-16-15. FAILURE TO APPEAR.
CHAPTER 17 - DISORDERLY CONDUCT
5-17-1. DISORDERLY CONDUCT.
CHAPTER 18 - PROTECTIVE CUSTODY AND RELATED ALCOHOL CRIMES.
5-18-1. PROTECTIVE CUSTODY.
5-18-2. PUBLIC CONSUMPTION OF ALCOHOL.
5-18-3. MINOR IN POSSESSION OF ALCOHOL BEVERAGE.
5-18-4. Public Intoxication and Possession of Intoxicating Substances While in Public
CHAPTER 19 - CURFEW
5-19-1. CURFEW VIOLATIONS.
CHAPTER 20 - CONTRIBUTING TO THE DELINQUENCY OF A MINOR
5-20-1. CONTRIBUTING TO THE DELINQUENCY OF A MINOR.
CHAPTER 21 - DEFRAUDING CREDITORS AND RELATED CRIMES
5-21-1. DEFRAUDING CREDITORS.
5-21-2. MAKING FALSE CREDIT REPORT.
5-21-3. UNAUTHORIZED TRANSFER OF MORGAGED PROPERTY.
CHAPTER 22 - ARSON AND RELATED OFFENSES
5-22-1. ARSON.
5-22-2. BURNING TO DEFRAUD INSURER.
5-22-3. OWNER OF PROPERTY DEFINED.
5-22-4. RECKLESS BURNING.
CHAPTER 23 - BURGLARY AND RELATED OFFENSES
5-23-1. BURGLARY.
5-23-2. SIMPLE TRESPASS.
5-23-3. DEFENSES TO SIMPLE TRESPASS.
5-23-4. AGGRAVATED TRESPASS.
CHAPTER 24 - ROBBERY
5-24-1. ROBBERY DEFINED.
5-24-2. TYPES OF FORCE OR FEAR NECESSARY TO CONSTITUTE ROBBERY.
5-24-3. TAKING WITHOUT KNOWLEDGE OF VICTIM IS NOT ROBBERY.
CHAPTER 25 - THEFT AND RELATED CRIMES
5-25-1. THEFT DEFINED.
5-25-2. CATEGORIES OF THEFT.
5-25-3. THEFT BY FRAUD.
5-25-4. THEFT BY EXTORTION.
5-25-5. THEFT OF LOST, MISLAID, OR MISTAKENLY DELIVERED PROPERTY.
5-25-6. RECEIVING STOLEN PROPERTY.
5-25-7. THEFT OF SERVICES. Any person who intentionally:
5-25-8. THEFT BY EMBEZZLEMENT.
5-25-9. THEFT BY CREDIT CARD.
5-25-10. GENERAL DEFENSE TO THEFT.
5-25-11. RECENT POSSESSION OF STOLEN PROPERTY MAY BE THEFT.
CHAPTER 26 - FORGERY AND RELATED CRIMES
5-26-1. FORGERY DEFINED.
5-26-2. CRIMINAL SIMULATION.
5-26-3. POSSESSING, FILING, OR RECORDING OF FORGED INSTRUMENTS.
CHAPTER 27 - BAD CHECKS
5-27-1. CHECK DEFINED.
5-27-2. ISSUING BAD CHECKS.
5-27-3. JURY INSTRUCTIONS REGARDING BAD CHECKS.
CHAPTER 28- DRUGS AND CONTROLLED SUBSTANCES
5-28-1 Definitions
5-28-2 Standards and Schedules
5-28-3 Schedule I-Opiates and Hallucinogens
5-28-4 Schedule II - Opium and Amphetamines
5-28-5 Schedule III - Depressants and Narcotics
5-28-6 Schedule IV - Barbiturates
5-28-7 Schedule V - Prescription Drugs
5-28-8 Exclusion from Schedule
5-28-9 Regulation of Manufacture, Distribution and Dispensing of Controlled Substances
5-28-10 Distribution, Manufacture, or Possession with Intent to Distribute
5-28-11 Unlawful Possession of Controlled Substance
5-28-12 Peyote Exemption
5-28-13 Inhabiting a Room Where Controlled Substance is Illegally Stored or Used
5-28-14 Sale of Lysol Prohibited
5-28-15 Possession of Drug Paraphernalia
5-28-16 Attempt and Conspiracy
5-28-17. PENALTIES
CHAPTER 29 - MARIJUANA
5-29-1. POSSESSION OF MARIJUANA.
5-29-2. MANUFACTURE, DISTRIBUTION, OR POSSESSION WITH INTENT TO DISTRIBUTE.
5-29-3. DISTRIBUTION OF MARIJUANA TO A MINOR.
CHAPTER 30 - BRIBERY AND ABUSE OF PUBLIC OFFICE
5-30-1. BRIBERY OF PUBLIC OFFICE.
5-30-2. SOLICITATION OF A BRIBE.
5-30-3. INABILITY TO ACT NO DEFENSE.
5-30-4. SELLING OFFICIAL CONDUCT.
5-30-5. SELLING OMISSION OF OFFICIAL CONDUCT.
5-30-6. BRIBERY OR UNLAWFUL INFLUENCE OF THE TRIBAL COUNCIL.
5-30-7. SOLICITATION BY THE TRIBAL COUNCIL.
5-30-8. ATTEMPTING TO INFLUENCE A JUDGE.
5-30-9. NULLIFICATION OF LEGISLATIVE AND/OR EXECUTIVE ACTION OVER JUDICIAL ACTS.
CHAPTER 31 - RIOT AND RELATED CRIMES
5-31-1. RIOT.
5-31-2. FAILURE TO DISPERSE.
5-31-3. STREET GANG ACTIVITY AND MEMBERSHIP.
5-31-4. DEFINITIONS.
5-31-5. DRIVE BY SHOOTING.
5-31-6. PARTICIPATING IN DRIVE-BY SHOOTING.
5-31-7. GANG RELATED CONGREGATIONS.
5-31-8. RECRUITING A GANG MEMBER IN THE FIRST DEGREE.
5-31-9. RECRUITING A GANG MEMBER WITH FORCE.
5-31-10. RECRUITING A GANG MEMBER WITHOUT FORCE.
5-31-11. SEXUAL IMPOSITION.
5-31-12. PROHIBITING ENCOURAGEMENT TO MINORS TO PARTICIPATE IN A CRIMINAL STREET GANG.
5-31-A-1. PRE-DIVERSION.
5-31-A-2. DIVERSION.
CHAPTER 32 - HUFFING
5-32-1. HUFFING.
CHAPTER 33 - INVASION OF PRIVACY
5-33-1. TRESPASSING WITH INTENT TO EAVESDROP.
5-33-2. WINDOW PEEKING.
CHAPTER 34 - HABITUAL OFFENDERS
5-34-1. INCREASED PENALTIES FOR PERSONS WITH PRIOR CONVICTION.
5-34-2. DUTY TO REPORT KNOWLEDGE OF PRIOR CONVICTION.
5-34-3. PRIOR CONVICTION INFORMATION.
5-34-4. PROCEDURE WITH REGARD TO PRIOR CONVICTIONS INFORMATION.
CHAPTER 35- GAME, FISH & PARKS CODE
5-35-1 General Provisions and Definitions
5-35-2 Powers and Duties of the Department of Natural Resources
5-35-3 Procedural Rules
5-35-4 General Provisions and Definitions
5-35-5 Big Game Provisions
5-35-6 Fishing Regulations
5-35-7 - TRAPPING
5-35-8 Forestry
5-35-9 Recreation
CHAPTER 36 - ROSEBUD TRIBAL PESTICIDE CODE
5-36-1. DEFINITIONS FOR PURPOSES OF THIS CODE.
5-36-2. CLASSIFICATION OF PESTICIDES.
5-36-3. CLASSIFICATION OF PESTICIDE APPLICATORS.
5-36-4. CATEGORIZATION OF COMMERCIAL APPLICATORS.
5-36-5. STANDARDS OF COMPETENCY FOR CERTIFICATION.
5-36-6. CERTIFICATION PROCEDURES.
5-36-7. STORAGE AND DISPOSAL OF PESTICIDES AND PESTICIDE CONTAINERS.
5-36-8. UNLAWFUL ACTS.
5-36-9. DENIAL, SUSPENSION, REVOCATION, OR MODIFICATION OR CERTIFICATION.
5-36-10. PENALTIES.
5-36-11. DELEGATION OF AUTHORITY.
5-36-12. ENTRY AND INSPECTION.
5-36-13. COOPERATION.
5-36-14. SEVERABILITY.
CHAPTER 37 - ELDERLY ABUSE
5-37-1. TERMS USED IN THIS ACT, UNLESS A DIFFERENT MEANING IS CLEARLY INDICATED BY THE CONTEXT MEAN.
5-37-2. Caretaker
5-37-3. Persons Knowing of Abuse
5-37-4. Person immune from giving report or testimony
5-37-5. Repealed
5-37-6. Repealed
5-37-7. Confidentiality
5-37-8. Repealed
5-37-9. Confidential relation privilege
5-37-10. Intentional abuse
5-37-11. Negligent abuse
CHAPTER 38 - DOMESTIC ABUSE
5-38-1 Definitions
5-38-2. CRIME OF DOMESTIC ABUSE.
5-38-3. MANDATORY ARREST.
5-38-4. 12 HOUR HOLD.
5-38-5. FILING OF COMPLAINT.
5-38-6. LIABILITY OF LAW ENFORCEMENT OFFICERS.
5-38-7. NOTICE OF RIGHTS.
5-38-8. WRITTEN REPORT.
5-38-9. PENALTIES.
5-38-10. REPORTING STATISTICS.
5-38-11. Chapters applied
CHAPTER 39 - REPEALED
CHAPTER 40 - LITTERING
5-40-1. DEFINITIONS OF TERMS.
5-40-2. RECEPTACLES IN PUBLIC PLACES.
5-40-3. PROPERTY WHERE RECEPTACLES REQUIRED.
5-40-4. PLACEMENT AND SPECIFICATIONS OF RECEPTACLES ON TRIBAL PROPERTY.
5-40-5. LITTERING PROHIBITED-EXCEPTIONS.
5-40-6. LITTERING FROM MOTOR VEHICLE PROHIBITED.
5-40-7. ACCUMULATION OF LITTER ON PROPERTY PROHIBITED.
5-40-8. ENFORCED REMOVAL OF LITTER UPON CONVICTION-COSTS TAXED AGAINST VIOLATION.
5-40-9. VIOLATION OF CHAPTER.
5-40-10. ENFORCEMENT AND PROSECUTION.
5-40-11. INJUNCTION OF VIOLATIONS-CITIZENS’ SUITS-ALTERNATIVE OR IN ADDITION TO CRIMINAL PROCEEDINGS.
CHAPTER 41 - ILLEGAL SALE AND MISUSE OF COMMODITIES AND RELATED CRIMES
5-41-1. ILLEGAL SALE AND MISUSE OF COMMODITIES AND RELATED CRIMES DEFINED.
5-41-2. CATEGORIES OF ILLEGAL SALE AND MISUSE OF COMMODITIES AND RELATED CRIMES.
5-41-3. TRIBAL FELONY DEFINED.
CHAPTER 42 - ROSEBUD SIOUX TRIBE SEX OFFENDER REGISTRATION CODE
5-42-1. TITLE.
5-42-2. PURPOSE.
5-42-3. NEED.
CREATION OF REGISTRIES
5-42-4. Sex Offender Registry.
5-42-5 Public Sex Offender Registry Website.
DEFINITIONS
5-42-6. Definitions.
COVERED OFFENSES
5-42-7. Persons’ Subjected to Chapter 42.
TIERED OFFENSES
5-42-8 Tier 1 Offenses
5-42-9 Tier 2 Offenses
5-42-10 Tier 3 Offenses
REQUIRED INFORMATION
5-42-11 General Requirements
5-42-12 Criminal History
5-42-13 Date of Birth
5-42-14 DNA Sample
5-42-15 Driver’s License, Identification Cards, Passports, and Immigration Documents
5-42-16 Employment Information
5-42-17 Finger and Palm Prints
5-42-18 Internet Identifiers
5-42-19 Name
5-42-20 Phone Numbers
5-42-21 Picture
5-42-22 Physical Description
5-42-23 Professional Licensing Information
5-42-24 Residence address
5-42-25 School
5-42-26 Social Security Number
5-42-27 Temporary Lodging
5-42-28 Offense Information
5-42-29 Vehicle Information
5-42-30 Frequency, Duration and Reduction
5-42-31 Requirements for In Person Appearances
REGISTRATION
5-42-32 Where Registration is Required
5-42-33 Timing of Registration
5-42-34 Retroactive Registration
5-42-35 Keeping Registration Current
5-42-36. Failure to Appear for Registration and Absconding.
PUBLIC SEX OFFENDER REGISTRY WEBSITE
5-42-37. Website.
5-42-38. Required and Prohibited Information.
5-42-39. Community Notification.
5-42-40. Immunity.
5-42-41 Crimes and Civil Sanctions
5-42-42. Community Safety Zones.
5-42-43. Restrictions on residence within community safety-zone.
5-42-44. Loitering within community safety zone prohibited-Exception.
5-42-45. Petition for order of exemption from safety zone restrictions-Contents-Service-Response.
5-42-46. Eligibility for exemption from community safety zone restrictions.
5-42-47. Order granting or denying petition-Restrictions on subsequent petition.
CHAPTER 43 - RESERVED
CHAPTER 44 - DOMESTIC AND DATING VIOLENCE
5-44-1. Purpose.
5-44-2. Definitions.
5-44-3. Special Jurisdiction.
5-44-4. Domestic Violence.
5-44-5. Aggravated Domestic or Dating Violence.
5-44-6. Dating Violence.
5-44-7. Protection Order Violation.
5-44-8. Mandatory Arrest.
5-44-9. Mandatory Hold Upon Arrest.
5-44-10. Filing of Complaint.
5-44-11. Liability of Law Enforcement Officers.
5-44-12. Notice of Rights.
5-44-13. Written Report.
5-44-14. Penalties.
5-44-15. Reporting Statistics.
5-44-16. Severability.
CHAPTER 45 - HEALTH CRIMES
5-45-1. Statement of Purpose and Intent.
5-45-2. Failure to Adhere to Terms of Tribal Presidential/Council Declaration of Public Health Emergency.
5-45-3. Failure to Cooperate with Law Enforcement or Public Health Official.
5-45-4. Failure to Quarantine.
5-45-5. Intentional Spread of Virus or Disease.
5-45-6. Defenses to Intentional Spread of Virus or Disease.
Title Six - Traffic Code
CHAPTER 1 - DRIVING UNDER THE INFLUENCE
6-1-1. DRIVING OR PHYSICAL CONTROL.
6-1-2. FIRST OFFENSE.
6-1-3. SUBSEQUENT OFFENSES.
6-1-4. PRESUMPTIONS ARISING FROM CHEMICAL ANALYSIS OF BODY FLUIDS.
6-1-5. OPERATION OF VEHICLE AS CONSENT TO CHEMICAL TEST.
6-1-6. REVOCATION OF LICENSE OR PRIVILEGE AFTER REFUSAL OF TEST.
6-1-7. PERSONS AUTHORIZED TO WITHDRAW BLOOD FOR TEST.
CHAPTER 2 - RECKLESS DRIVING
6-2-1. DEFINITION OF RECKLESS DRIVING.
CHAPTER 3 - EXHIBITION DRIVING
6-3-1. DEFINITION OF EXHIBITION DRIVING.
CHAPTER 4 - DRIVING WHILE SUSPENDED.
6-4-1. DRIVING WHILE SUSPENDED.
CHAPTER 5 - SOUTH DAKOTA MOTOR VEHICLE AND TRAFFIC LAWS
6-5-1. SOUTH DAKOTA MOTOR VEHICLE AND TRAFFIC LAWS INCORPORATED INTO TRIBAL CODE.
6-5-2. Limitation on the Tribal Council’s authority.
CHAPTER 6 - RESERVED
CHAPTER 7 - SAFETY BELT SYSTEM USAGE IN PASSENGER VEHICLES
6-7-1. USE REQUIRED-PUBLIC HIGHWAYS-ALL PASSENGERS-AMENDMENT.
6-7-2. PASSENGER VEHICLE DEFINED - AMENDMENT.
6-7-3. EXCEPTIONS TO USE OF SAFETY BELTS - AMENDMENT.
6-7-4. FAILURE TO COMPLY-EVIDENCE - AMENDMENT.
6-7-5. PENALTIES - AMENDMENT.
Title Seven - Criminal Procedure
CHAPTER 1 – RULES OF CRIMINAL PROCEDURE
I. SCOPE.
II. PURPOSE.
III. CONSTRUCTION.
IV. PRELIMINARY PROCEEDINGS.
V. TRIALS
VI. JUDGMENT AND SENTENCING
VII. PROCEDURE IN MAGISTRATE COURT
VIII. APPEAL
IX. SEARCH AND SEIZURE
X. GENERAL PROVISIONS
XI. DISCOVERY
XII. PLEADINGS AND PRETRIAL MOTIONS
Title Eight - Remedies
CHAPTER 1 - EXTRADITION
8-1-1. Requests for extradition.
8-1-2. Hearing on extradition.
8-1-3. Waiver of hearing.
8-1-4. Authority.
CHAPTER 2 - CONTEMPT
8-2-1. Acts or failures to act.
8-2-2. Civil Contempt Distinguished from Criminal Contempt.
8-2-3. Contempt Procedure.
CHAPTER 3 - LANDLORD AND TENANT CODE
8-3-1.1 TITLE - AMENDMENT.
8-3-1.2 JURISDICTION - AMENDMENT.
8-3-1.3. RELATION OF THE CODE TO OTHER LAWS - AMENDMENT.
8-3-1.4. PURPOSES OF THE CODE AND ITS INTERPRETATION - AMENDMENT.
8-3-1.5. DEFINITIONS - AMENDMENT.
8-3-2.1. SOURCES OF RIGHTS, OBLIGATIONS AND REMEDIES - AMENDMENT.
8-3-2.2. LANDLORD RIGHTS - AMENDMENT.
8-3-2.3. LANDLORD OBLIGATIONS - AMENDMENT.
8-3-2.4. REMEDIES - AMENDMENT.
8-3-3.1. TENANTS RIGHTS - AMENDMENT.
8-3-3.2. TENANT OBLIGATION - AMENDMENT.
8-3-3.3. TENANT REMEDIES - AMENDMENT.
8-3-4.1. GROUNDS FOR EVICTION - AMENDMENT.
8-3-4.3 MANNER OF GIVING NOTICE - AMENDMENT.
8-3-4.4. TERMINATION OF LEASE - AMENDMENT.
8-3-4.5. TERMINATION OF A PURCHASE AGREEMENT OR MHO AGREEMENT - AMENDMENT.
8-3-4.6 NOTICE TO QUIT - AMENDMENT.
8-3-5.1. CIVIL ACTION - AMENDMENT.
8-3-5.2. SUMMONS AND COMPLAINT FILING - AMENDMENT.
8-3-5.3. SUMMONS AND COMPLAINT CONTENTS - AMENDMENT.
8-3-5.4. ANSWER - AMENDMENT.
8-3-5.5. APPEARANCE DATE AND JUDGMENT - AMENDMENT.
8-3-5.6. PREHEARING CONFERENCES - AMENDMENT.
8-3-5.7. JUDGMENT - AMENDMENT.
8-3-5.8. FORM OF JUDGMENT - AMENDMENT.
8-3-5.9. EXECUTION OF JUDGMENTS - AMENDMENT.
8-3-5.10. STAY OF EXECUTION - AMENDMENT.
8-3-5.11. APPEALS - AMENDMENT.
8-3-5.12. PROPERTY EXEMPT FROM JUDGMENTS FOR MONEY - AMENDMENT.
8-3-5.13. MISCELLANOUS PROVISIONS - AMENDMENT.
CHAPTER 4 - HABEAS CORPUS
8-4-1. RIGHT OF PERSON DETAINED OR IMPRISONED TO APPLY FOR WRIT.
8-4-2. INQUIRY INTO DELAY IN BRINGING CRIMINAL PROSECUTION TO TRIAL - POWERS OF COURT TO RETURN WRIT.
8-4-3. CONTENTS OF APPLICATION FOR WRIT - DOCUMENTARY AUTHORITY FOR COMMITMENT ATTACHED.
8-4-4. COUNSEL APPOINTED.
8-4-5. WRIT AWARDED UNLESS APPLICATION SHOWS NO RIGHT TO RELIEF.
8-4-6. FORFEITURE BY JUDGE FOR REFUSAL OR DELAY IN ISSUING WRIT.
8-4-7. WRIT USED TO PRODUCE PRISONERS FOR TESTIMONY IN CRIMINAL PROCEEDINGS.
8-4-8. SERVICE OF WRIT - RETURN OF WRIT AND PRODUCTION OF BODY BEFORE JUDGE.
8-4-9. CONTEMPT AND FORFEITURE BY SHERIFF OR JAILER FOR FAILING TO RETURN WRIT AND PRODUCE APPLICANT.
8-4-10. DAY SET FOR HEARING OF CAUSE.
8-4-11. HEARING AND DISPOSITION OF CAUSE BY JUDGE.
8-4-12. CAUSES FOR DISCHARGE OF APPLICANT COMMITTED ON JUDICIAL PROCESS.
8-4-13. INTERTRIBAL COURT OF APPEALS ORDER REQUIRED FOR ADMISSION TO BAIL PENDING APPLICATION FOR WRIT OR PENDING APPELLATE REVIEW.
8-4-14. REMAND TO CUSTODY OR ADMISSION TO BAIL PENDING REVIEW OR ORDER DISCHARGING WRIT.
CHAPTER 5 - LIABILITY FOR DEFAMATION
8-5-1. OBLIGATION TO REFRAIN FROM DEFAMATION.
8-5-2. CLASSES OF DEFAMATION.
8-5-3. LIBEL DEFINED.
8-5-4. SLANDER DEFINED.
8-5-5. PRIVILEGED COMMUNICATIONS - MALICE NOT INFERRED BY PUBLICATION.
CHAPTER 6 - ACTION FOR DAMAGES GENERALLY
8-6-1. RIGHT TO DAMAGES FOR DETRIMENT FROM UNLAWFUL ACT OR OMISSION OF ANOTHER.
8-6-2. NOMINAL DAMAGES FOR BREACH OF DUTY WITHOUT DETRIMENT.
8-6-3. DAMAGES TO BE REASONABLE.
8-6-4. PUNITIVE DAMAGES ONLY AS PROVIDED.
8-6-5. INTEREST.
CHAPTER 7 - DAMAGES FOR BREACH OF CONTRACT
8-7-1. GENERAL MEASURE OF DAMAGES FOR BREACH OF CONTRACT - UNCERTAIN DAMAGES NOT RECOVERED.
8-7-2. DAMAGES FOR BREACH OF OBLIGATION TO PAY MONEY.
8-7-3. DAMAGES FOR BREACH OF AGREEMENT TO SELL REAL PROPERTY.
8-7-4. DAMAGES FOR BREACH OF AGREEMENT TO BUY REAL PROPERTY.
CHAPTER 8 - PERSONAL INJURIES
8-8-1. GENERAL MEASURE OF DAMAGES FOR BREACH OF NONCONTRACTUAL OBLIGATION.
8-8-2. PUNITIVE DAMAGES IN DISCRETION OF JURY OR TRIBAL COURT.
8-8-3. PRESUMED DAMAGES FOR WRONGFUL CONVERSION OF PERSONAL PROPERTY.
8-8-4. GENERAL MEASURE OF DAMAGES FOR WRONGFUL OCCUPATION OF REAL PROPERTY.
8-8-5. TREBLE DAMAGES FOR FORCIBLE EXCLUSION FROM REAL PROPERTY.
8-8-6. DOUBLE DAMAGES FOR FAILURE OF TENANT TO GIVE UP PREMISES AFTER NOTICE OF INTENTION.
8-8-7. DOUBLE DAMAGES FOR HOLDING OVER BY TENANT AFTER EXPIRATION OF TERM AND NOTICE TO QUIT.
CHAPTER 9 - SMALL CLAIMS PROCEDURE
8-9-1. PURPOSE AND SCOPE OF PROCEDURE.
8-9-2. ALTERNATIVE TO OTHER ACTIONS.
8-9-3. FILING FEE; SUMMONS NOT REQUIRED; STATEMENT TO CLERK OR JUSTICE IN LIEU OF PLEADING.
8-9-4. ASSISTANT CLERK AUTHORIZED TO ACT.
8-9-5. PLAINTIFF’S STATEMENT OF CLAIM TO CLERK; ENTRY IN DOCKET.
8-9-6. PLAINTIFF’S PLACE OF EMPLOYMENT.
8-9-7. DETERMINATION OF SUFFICIENCY OF PLAINTIFF’S STATEMENT.
8-9-8. TIME OF HEARING; MEMORANDUM TO PLAINTIFF.
8-9-9. NOTICE BY MAIL TO DEFENDANT; FORM OF NOTICE.
8-9-10. DOCKET ENTRIES ON NOTICES TO DEFENDANTS.
8-9-11. JURY TRIAL AND APPEAL WAIVED.
8-9-12. DOCKET ENTRY OF DEFENSE; CONTENTS OF ENTRY.
8-9-13. SETOFF OR COUNTERCLAIM STATED BY DEFENDANT; NOTICE TO PLAINTIFF.
8-9-14. DISPOSITION OF CLAIM ON FAILURE OF PLAINTIFF TO APPEAR FOR HEARING.
8-9-15. WITNESSES AND EVIDENCE RECEIVED ON HEARING.
8-9-16. AFTER THE DETERMINATION.
8-9-17. COURT ORDER AS TO METHOD OF PAYMENT OF JUDGMENT; STAY OF EXECUTION DURING COMPLIANCE.
CHAPTER 10 - REMOVAL OF NON-MEMBERS
8-10-1. DEFINITIONS.
8-10-2. WHO MAY BE EXCLUDED; EXTENT OF EXCLUSION.
8-10-3. GROUNDS FOR EXCLUSION.
8-10-4. REQUEST TO TRIBAL PROSECUTOR.
8-10-5. PROSECUTORIAL DISCRETION TO BRING EXCLUSION ACTION.
8-10-6. FILING IN TRIBAL COURT - NOTICE OF HEARING.
8-10-7. TRIBAL COURT EXCLUSION HEARING.
8-10-8. TRIBAL COURT FINDINGS OF FACT AND RECOMMENDATION AS TO SANCTION.
8-10-9. FINAL ACTION BY TRIBAL COUNCIL - DISCRETIONARY HEARING.
8-10-10. ENFORCEMENT PROCEEDINGS.
8-10-11. PHYSICAL REMOVAL - EMERGENCY.
8-10-12. FINALITY OF EXCLUSION ORDER.
TITLE NINE - ADMINISTRATIVE PROVISIONS OF TRIBAL COURT
CHAPTER 1 - COURTS, JUDGES AND COURT PERSONNEL
9-1-1. APPELLATE COURT.
9-1-2. TRIBAL COURT.
9-1-3. TRIBAL JUVENILE COURT.
9-1-4. TRIBAL MAGISTRATE COURT.
9-1-5. COURT PERSONNEL.
9-1-6. JUVENILE COURT.
9-1-7. MAGISTRATES.
9-1-8. CLERK OF COURTS.
9-1-9. ADDITIONAL COURT PERSONNEL.
9-1-10. SALARIES.
9-1-11. REMOVAL OF JUDGES.
9-1-12. POWERS AND DUTIES OF JUDGES.
9-1-13. OATH OF OFFICE OF JUDGE.
9-1-14. DUTIES OF CLERK.
9-1-15. OATH OF CLERKS.
CHAPTER 2 - ATTORNEYS AND LAY COUNSEL
9-2-1. Admitted to practice.
9-2-2. Eligibility to be admitted.
9-2-3. Tribal bar examination.
9-2-4. Application.
9-2-5. Right to appeal denial of admission.
9-2-6. Right to counsel.
9-2-7. Representation of indigent clients.
9-2-8. Contempt of court by attorney.
9-2-9. Verified complaint on attorney
9-2-10. Suspensions from practicing.
TITLE TEN - LIQUOR ORDINANCE
CHAPTER 1 - ALCOHOLIC BEVERAGES
10-1-1. Ordinance
10-1-2. Unlawful.
10-1-3. Liquor commission department.
10-1-4. Liquor commission members.
10-1-5. Director
10-1-6. Expenses
10-1-7. Removal.
10-1-8. Liability.
10-1-9. Shall not accept.
10-1-10. Duties and powers.
10-1-11. Adopt & promulgate.
10-1-12. Tribal liquor store.
10-1-13. Other liquor stores.
10-1-14. Application for license.
10-1-15. Acquire after termination.
10-1-16. Management of liquor store.
10-1-17. Application fee.
10-1-18. Rejecting or granting application.
10-1-19. Hearing.
10-1-20. Notice of Hearing.
10-1-21. Transfer of license.
10-1-22. Termination of license.
10-1-23. Violations.
10-1-24. Revoking of license.
10-1-25. Powers of the commission.
10-1-26. Dismissal, findings and report.
10-1-27. Suspension of license.
10-1-28. Public hearing.
10-1-29. Order of revocation.
10-1-30. Time period for obtaining license.
10-1-31. Appeal.
10-1-32. Judge review of appeal.
10-1-33. Bootlegging.
10-1-34. Penalty.
10-1-35. Terms.
CHAPTER 2 - LIQUOR LICENSES AND SALES
10-2-1. Categories, licenses and levy taxes.
10-2-2. Class of licenses.
10-2-3. Request for License.
10-2-4. Corporation.
10-2-5. Name of license.
10-2-6. Applications.
10-2-7. Bond.
10-2-8. Policy.
10-2-9. Injury.
10-2-10. Agreement.
10-2-11. Period of license.
10-2-12. Sacramental wine.
10-2-13. Outside the premises.
10-2-14. Packages.
10-2-15. No alcohol sale.
10-2-16. No permit of license.
10-2-17. Permit of sale hours.
10-2-18. No gambling.
10-2-19. No fighting.
10-2-20. Cash only.
10-2-21. On-sale establishment.
10-2-22. Package establishment.
10-2-23. No permit within 500 ft.
CHAPTER 3 - AGE REQUIREMENTS
10-3-1. FURNISHING BEVERAGES TO CHILD.
10-3-2. PURCHASE, POSSESSION BY MINOR.
10-3-3. PURCHASE OR POSSESSION OF LOW POINT BEER.
10-3-4. EVIDENCE OF LEGAL AGE DEMANDED.
TITLE ELEVEN - TAX CODE
CHAPTER 1 - LEGISLATIVE FINDINGS AND PURPOSE
101. SOVEREIGN POWER TO TAX.
102. BENEFITS OF TRIBAL GOVERNMENT.
103. TRIBAL NEED FOR GOVERMENTAL REVENUE.
CHAPTER 2 - GENERAL PROVISIONS
201. DEFINITIONS.
202. TRIBAL COUNCIL TO DETERMINE ALL TAX RATES.
203. EFFECTIVE DATES: CODIFICATIONS OF EXISTING TAX ORDINANCES AND NEW PROVISIONS.
204. SOVEREIGN IMMUNITY.
205. TRIBAL TAX ACCOUNT ESTABLISHED.
206. SAVINGS CLAUSE.
CHAPTER 3 - TRIBAL TAX COMMISSION
301. ESTABLISHING TAX COMMISSION.
302. QUORUM AND VOTING TAX COMMISSION MEMBERS.
303. RECUSAL OF TAX MEMBERS.
304. TEMPORARY MEMBERS AND ACTING CHAIRMAN OF THE TAX COMMISSION.
305. RULES OF THE TAX COMMISSION.
306. POWERS OF THE TAX COMMISSION.
307. TAX COMMISSION EMPLOYEES AND EXPENSES.
308. BONDS.
309. RECORDS OF TAX COMMISSION.
310. COMPENSATION OF TAX COMMISSION MEMBERS.
311. TEMPORARY AND PERMANENT REMOVAL FROM OFFICE-REPLACEMENT.
CHAPTER 4 - APPEALS
401. PETITIONS FOR REDETERMINATION BY TAX COMMISSION.
402. REVIEW BY TRIBAL COURT.
CHAPTER 5 - ENFORCEMENT
501. SUIT TO COLLECT TAXES, PENALTIES AND INTEREST.
502. INJUNCTIONS.
503. SEIZURE OF PROPERTY.
504. INVENTORY OF SEIZED PROPERTY.
506. EXEMPT PROPERTY.
507. ENFORCEMENT OF SUBPOENAS.
508. LIENS.
509. EXCLUSION OF NON-MEMBERS FROM ROSEBUD LANDS.
510. VIOLATION AS CRIMINAL OFFENSES - CLASSIFICATION.
CHAPTER 6 - PENALTIES AND INTEREST
601. IMPOSITION OF PENALTIES AND INTEREST CHARGES.
602. WAIVER OF PENALTIES.
CHAPTER 7 - RETAIL SALES AND SERVICE TAX
701. DEFINITIONS.
702. TAX ON SALE OF TANGIBLE PROPERTY.
703. TAX ON SALES OF SECTIONAL HOMES - SECTIONAL HOMES DEFINED.
704. MATERIALS INCORPORATED IN CONSTRUCTION WORK - RESTRICTION ON APPLICATION OF RATE INCREASE.
705. TAX ON SALE OF FARM MACHINARY AND IRRIGATION EQUIPMENT.
706. TAX ON RECEIPTS FORM BUSINESS SERVICES.
707. SERVICES SUBJECT TO TAXATION.
708. TAX ON RECEIPTS FROM SPECIFIC ENUMERATED BUSINESSES AND SERVICES. 708. TAX ON RECEIPTS FROM SPECIFIC ENUMERATED BUSINESSES AND SERVICES.
709. COIN OPERATED WASHERS AND DRYERS - LICENSE IN LIEU OF TAX - FAILURE TO PAY FEE INTEREST - COLLECTION.
710. SERVICES ENUMERATED IN STANDARD INDUSTRIAL CLASSIFICATION MANUAL SUBJECT TO TAX.
711. TAX ON OIL AND GAS FIELD SERVICE.
712. RENTED PROPERTY USED OR DELIVERED WITHIN THE RESERVATION.
713. TAX ON UTILITY SERVICES.
714. TAX ON UTILITY SERVICES.
715. TAX ON ROOM OR PARKING SITE RENTALS TO TRANSIENT GUESTS.
716. TAX ON ADMISSIONS TO AMUSEMENTS AND ATHLETIC EVENTS.
717. TAX ON VENDING MACHINE RECEIPTS.
718. EXEMPTION OF CIGARETTE SALES.
719. AMUSEMENT DEVICE TAX.
720. CONSTITUTIONAL AND STATUTORY EXEMPTIONS FROM TAXATION.
721. EXEMPTION OF PROPERTY SOLD FOR LEASE.
722. EXEMPT SALES TO STATES, MUNICIPALTIES, CHARITIES AND INDIAN TRIBES.
723. EXEMPTION OF SALES OTHERWISE TAXED.
724. EXEMPTION OF GOODS AND SERVICES FURNISHED TO MEET WARRANTY OBLIGATIONS WITHOUT CHARGE.
725. SERVICES SPECIFICALLY EXEMPT FROM TAX.
726. EXEMPTION OF ENGINEERING, ARCHITECTURAL AND SURVEYING SERVICES.
727. EXEMPTION OF SERVICES USED ENTIRELY OUTSIDE RESERVATION.
728. EXEMPTION OF RECEIPTS USED FOR CIVIC AND NON-PROFIT ASSOCIATIONS AND PURPOSES.
729. EXEMPTION OF MEMBERSHIP ORGANIZATIONS.
730. EXEMPTION OF SALES TO EDUCATIONAL INSTITUTIONS AND HOSPITALS - PURCHASES FOR MEMBERS OR EMPLOYEES TAXABLE - MOTOR VEHICLE REGISTRATION FEE - QUARTERLY REPORTS BY EXEMPT INSTITUTIONS.
731. EXEMPTION OF DRUGS, MEDICINES AND MEDICAL DEVICES PRESCRIBED FOR HUMAN USE.
732. INK AND NEWSPRING EXEMPT WHEN USED TO PRODUCE SHOPPER’S GUIDES DEFINED.
733. EXEMPTION OF OSTOMY CARE SUPPLIES.
734. PACKAGING AND CONTAINER MATERIALS AS TAX-EXEMPT RAW MATERIAL.
735. PACKAGING AND CONTAINER MATERIALS SOLD TO RETAILERS EXEMPT.
736. EXEMPTION OF HOSPITAL MEALS PAID FOR BY PUBLIC ENTITY.
737. EXEMPTION OF SEED USED FOR AGRICULTURAL PURPOSES.
738. EXEMPTION OF CATTLE SEMEN USED FOR AGRICULTURAL PURPOSES.
739. EXEMPTION OF COMMERCIAL FERTILIZER USED FOR AGRICULTURAL PURPOSES.
740. EXEMPTION OF PESTICIDES USED FOR AGRICULTURAL PURPOSES.
741. EXEMPTION OF EXCHANGE OF AGRICULTURAL PRODUCTS.
742. EXEMPTION OF LIVESTOCK AND POULTRY SALES OTHER THAN ULTIMATE RETAIL SALES.
743. EXEMPTION OF FUEL USED FOR AGRICULTURAL OR RAILROAD PURPOSES.
744. POWER CHARGES FOR IRRIGATION PUMPS EXEMPT.
745. EXEMPTION OF WOOD PRODUCTS USED IN CREATING ENERGY FOR INDUSTRIAL PURPOSES.
746. EXEMPTION OF BULK WATER FOR DOMESTIC USE.
747. EXEMPTIONS APPLIED TO TAXABLE SERVICES.
748. EXEMPTION OF PAYMENTS BETWEEN MEMBERS OF CONTROLLED GROUP-EXPENSES OF OFFICERS OF GROUP.
749. CONTROLLED GROUP DEFINED.
750. EXECUTIVE OFFICER DEFINED.
751. TAX ADDITIONAL TO OTHER OCCUPATION AND PRIVILEGE TAXES.
752. ADDITION TO TAX TO PRICE OF PRODUCT OR SERVICE.
753. SCHEDULE FOR COLLECTION OF TAX FROM CONSUMER.
754. APPLICATION FOR RETAILER PERMIT - CONTENTS AND EXECUTION.
755. ISSUANCE OF RETAILER PERMIT - LIMITED TO PERSON AND PLACE DESGINATED - DISPLAY IN PLACE OF BUSINESS - EFFECTIVE UNTIL CANCELED OR REVOKED.
756. REFUSAL OF PERMIT TO DELINQUENT TAXPAYER - BOND TO SECURE PAYMENT OF TAX.
757. EFFECTIVE THROUGH JUNE 30, 1986 - BIMONTHLY RETURN AND REMITTANCE - EXTENSION TO TIME - DELINQUENCY.
758. RETURNS FILED ON OTHER THAN QUARTERLY BASIS.
759. DEDUCTION ALLOWED FOR SALES REFUNDS.
760. DEDUCTION ALLOWED ATTORNEYS AND ACCOUNTANTS FOR AMOUNTS SPENT ON BEHALF OF CLIENTS.
761. CREDIT FOR TAXES PAID ON WORTHLESS ACCOUNTS - TAX PAID IF ACCOUNT COLLECTED.
762. CASH BASIS REPORTING AND PAYMENT.
763. ACCRUAL BASIS REPORTING AND PAYMENT.
764. RECEIPT NOT ISSUED FOR TAXES REMITTED.
765. CORRECTION OF INCORRECT RETURN BY TAX COMMISSION - APPEAL.
766. DETERMINATION OF AMOUNT OF TAX IN ABSENCE OF RETURN - NOTICE TO PERSON FAILING TO MAKE RETURN - APPEAL.
767. REVOCATION OF RETAILER’S PERMIT FOR FAILURE TO FILE RETURN OR PAY TAX - PENALTY FOR CONTINUATION IN BUSINESS.
768. REINSTATEMENT OF REVOKED RETAILER’S PERMIT - FEE.
769. RECORDS PERSERVED BY PERSONS SUBJECT TO TAX - INSPECTION BY COMMISSION.
770. PERSONAL LIABILITY OF OFFICERS OF CORPORATION FAILING TO FILE RETURNS OR PAY TAX - SECURITY IN LIEU OF LIABILITY - BONDED MUNCIPAL OFFICIALS EXEMPT.
771. RETAIL SALES AND SERVICE TAX COLLECTION AGREEMENT WITH STATE.
772. AMENDMENTS TO RETAIL SALES AND TAX LAWS.
773. ENFORCEMENT, PENALTIES, AND APPEALS - APPLICATION OF STATE AND TRIBAL LAW.
774. EXEMPTION OF COAL USED FOR AGRICULTURAL PURPOSES.
775. EXEMPTION OF CREDIT CARD PROCESSING SERVICE.
776. EXEMPTION OF PARKING - ASSOCIATION WITH STATE, COUNTY OR TRIBAL FAIR.
777. EXEMPTION OF NATURAL GAS TRANSPORTATION.
778. EXEMPTION OF GAMING PROCEEDS.
CHAPTER 8 - USE TAX
801. DEFINITIONS.
802. TAX ON TANGIBLE PERSONAL PROPERTY PURCHASED FOR USE WITHIN RESERVATION - RATE BASED ON PURCHASE PRICE.
803. TAX IMPOSED ON USE OF SERVICES - EXEMPTION.
804. TAX ON USE OF RENTED PROPERTY.
805. EXEMPTION OF USE OF PROPERTY LEASED.
806. TAX ON TANGIBLE PERSONAL PROPERTY NOT PURCHASED FOR USE WITHIN RESERVATION - RATE BASED ON FAIR MARKET VALUE.
807. TAX IMPOSED ON PERSON USING PROPERTY.
808. CONTRACTORS AND SUBCONTRACTORS TAXES ON PROPERTY USED IN PERFORMANCE OF CONTRACT - FABRICATION COSTS EXCLUDED.
809. SECTIONAL HOMES NOT VEHICLE - CONTRACTORS TAXED ON MATERIALS USED IN CONSTRUCTION - SECTIONAL HOMES DEFINED.
810. MATERIALS INCORPORATED IN CONSTRUCTION WORK - RESTRICTION ON APPLICATION OF RATE INCREASE.
811. EXEMPTION OF PROPERTY AND SERVICE SUBJECT TO SALES TAX.
812. CREDIT FOR SALES OR USE TAX PAID TO ANOTHER TAXING JURISDICTION - RECIPROCITY REQUIRED.
813. CONSTITUTIONAL EXEMPTIONS FROM TAX - PROPERTY OF PUBLIC AGENCIES - RAILROAD OPERATING PROPERTY.
814. EXEMPTION OF PROPERTY BROUGHT IN FOR PERSONAL USE OF NONRESIDENT.
815. EXEMPTION OF RAW MATERIAL, PARTS AND NEWSPRINT FOR MANUFACTURE OF PRODUCTS TO BE SOLD AT RETAIL.
816. INK AND NEWSPRINT USED TO PRODUCE SHOPPERS’ GUILDES - SHOPPERS’ GUIDES DEFINED.
817. BROKERS’ AND AGENTS’ SERVICES EXEMPT FROM TAX.
818. PACKAGING AND CONTAINER MATERIALS AS TAX EXEMPT RAW MATERIAL.
819. PACKING AND CONTAINER MATERIALS SOLD TO RETAILERS EXEMPT.
820. EXEMPTION OF CREDIT CARD PROCESSING SERVICE.
821. EXEMPTION OF GAMING PROCEEDS.
822. EXEMPTION OF NATURAL GAS TRANSPORTATION.
823. EXEMPTION OF COAL USED FOR AGRICULTURAL PURPOSES.
824. EXEMPTION OF MOTOR FUEL USED FOR AGRICULTURAL PURPOSES.
CHAPTER 9 - CIGARETTE TAX
901. DEFINITIONS.
902. TAX IMPOSES ON CIGARETTES HELD FOR SALE - RATES OF TAX.
903. UNLAWFUL SALES.
904. IMPACT OF TAX BORNE BY CONSUMER - SEPARATE STATEMENT ON INVOICE - METHOD OF COLLECTION UNAFFECTED.
905. LICENSE REQUIRED OF DISTRIBUTORS AND WHOLESALERS.
906. LICENSE AGREEMENT.
907. PRESERVATION OF RECORDS.
908. RESALE OF STAMP PROHIBITED - PENALTIES FOR USE OR POSSESSION OF COUNTERFEIT STAMP - REUSE OF STAMP - PENALTY.
909. RECORDS AND REPORTS AGREEMENT.
910. DISPLAY OR POSSESSION OF UNSTAMPED CIGARETTES AS EVIDENCE OF INTENT TO SELL.
911. ENFORCEMENT POWERS OF TAX COMMISSION PERSONNEL - ARREST - COMPLAINT - SEIZURE OF COUNTERFEIT LICENSE OR STAMP.
912. UNSTAMPED CIGARETTES AS CONTRABAND - SEIZURE WITHOUT WARRANT.
913. FORFEITURE OF CONTRABAND CIGARETTES - SALE BY TAX COMMISSION - PROCEEDS OF SALE - PURCHASER TO PAY TAX.
914. CONFISCATION OF UNSTAMPED CIGARETTES NOT REQUIRED IF NO INTENTIONAL EVASION.
915. ACT OF AGENT AS ACT OF PRINCIPAL.
916. EXAMINATION OF DISTRIBUTORS’, WHOLESALERS’ AND DEALERS’ RECORDS BY REVENUE AGENTS - INSPECTION OF PREMISES.
917. CIGARETTE TAX COLLECTION AGREEMENT WITH STATE.
CHAPTER 10 - CONTRACTORS EXCISE TAX
1001. DEFINITIONS.
1002. EXCISE TAX UPON GROSS RECEIPTS OF ALL UTILITIES CONTRACTORS.
1003. EXCISE TAX UPON GROSS RECEIPTS OF ALL OTHER PRIME CONTRACTORS.
1004. EFFECTIVE DATE OF TAX.
1005. CONTRACTORS SUBJECT TO TAX.
1006. SUBCONTRACTORS.
1007. PRIME CONTRACTORS.
1008. TOTAL CONTRACT PRICE AS BASIS OF TAX - PURCHASED MATERIALS.
1009. GROSS RECEIPTS DEFINED - MATERIALS NOT DEDUCTIBLE.
1010. IMPROVEMENTS WITHOUT CONTRACT TAXABLE WHEN SOLD WITHIN FOUR YEARS AFTER COMPLETION.
1011. TAX IMPOSED ON IMPROVEMENTS BUILT FOR LEASE - CREDIT AGAINST TAX ON SALE - DUE DATE - EXEMPTIONS.
1012. REPORT AND PAYMENT OF TAX.
1013. ENFORCEMENT AND ADMINISTRATION.
1014. CONTRACTORS MAY LIST EXCISE AND USE TAXES AS SEPARATE LINE ITEM ON CONTRACTS AND BILLS.
1015. CONTRACTORS EXCISE TAX COLLECTION AGREEMENT WITH STATE.
1016. AMENDMENTS TO CONTRACTORS EXCISE TAX LAWS.
1017. ENFORCEMENT, PENALTIES, AND APPEALS - APPLICATION OF STATE AND TRIBAL LAW.
CHAPTER 11 - LESSEE'S TAX
1101. DEFINITIONS.
1102. DATE DUE.
1103. LESSOR NOT OBLIGATED TO PAY TAX.
1104. PAYMENT OF TAXES BY SUBLESEES AND OTHERS.
1105. DELINQUENCY AS GROUNDS FOR CANCELLATION OF LEASE.
CHAPTER 12 - BUSINESS LICENSES
1201. DEFINITIONS.
1202. LICENSE REQUIRED OF ALL BUSINESSES.
1203. APPLICATION FOR BUSINESS LICENSE.
1204. TERM OF LICENSES.
1205. LICENSE FEES.
1206. DENIAL OF LICENSE OR RENEWAL.
1207. REVOCATION OF LICENSE.
1208. REINSTATEMENT OF LICENSE.
1209. PENALTIES AND ENFORCEMENT.
1210. LICENSE NOT TRANSFERABLE.
1211. POSTING OF LICENSES.
CHAPTER 13 - LUXARY TAX ON LIQUOR
1301. LUXURY TAX ON RETAIL PURCHASE OF ALCOHOLIC BEVERAGES.
1302. MONTHLY RETURN, COLLECTION AND REMITTANCE OF LUXURY TAX ON RETAIL PURCHASE OF ALCOHOLIC BEVERAGES.
1303. REPORTS REQUIRED OF RETAIL ALCOHOLIC BEVERAGE DEALERS.
1304. ADDITION OF TAX TO PRICE OF PRODUCT.
1305. PENALTY AND INTEREST ON DELINQUENCY IN COLLECTION AND REMITTANCE OF TAX-FALSE RETURN- COLLECTION OF TAX AND PENALTIES.
1306. DEDICATION OF TAX REVENUE.
1307. GENERAL REMEDIAL PENALTIES.
1308. CONTRABAND ALCOHOLIC BEVERAGES - CONTAINERS - FORFEITURE.
1309. SEIZURE OF CONTRABAND ALCOHOLIC BEVERAGES - CONTAINERS - SEARCH WARRANT.
1310. JUDICIAL DETERMINATION AS TO NATURE OF ALCOHOLIC BEVERAGES SEIZED.
1311. EXCEPTIONS TO THIS ORDINANCE.
1312. AGREEMENT BY LICENSEE TO GRANT ACCESS FOR INSPECTION PURPOSES.
CHAPTER 14 - MOTOR FUEL TAX
1401. TITLE.
1402. DEFINITIONS.
1403. TRIBAL MOTOR FUEL TAX FUND.
1404. MOTOR FUEL TAX RATES.
1405. MOTOR FUEL TAX ON THE SALE OF GASOLINE AND BLENDS.
1406. MOTOR FUEL TAX LICENSE.
1407. MONTHLY REPORT.
1408. ADDITION OF TAX TO PRICE OF PRODUCT - COLLECTION OF TAX AT RETAIL LEVEL.
1409. STATE MOTOR FUEL EXCISE TAX PRE-EMPTED.
1410. FAILURE TO REMIT TAXES - PENALTY FOR FAILURE TO FILE RETURN.
1411. REFUND OF MOTOR FUEL TAX FOR NON-HIGHWAY USE OF TRIBAL MEMBERS.
1412. TAX EXEMPTION OF FUEL TO APPROVED TRIBAL INDIAN SCHOOL.
CHAPTER 15 - CONTRACTOR’S EXCISE TAX ON NEW OR EXPANDED POWER PRODUCTION FACILITIES
1501. CERTAIN POWER PRODUCTION FACILITIES USING RENEWABLE RESOURCES SUBJECT TO CHAPTER.
1502. DEFINITIONS.
1503. RATE OF TAX ON NEW OR EXPANDED POWER PRODUCTION FACILITIES.
1504. FILING OF TAX RETURN - PAYMENT OF TAXES DUE.
1505. PERMIT REQUIRED FOR NEW OR EXPANDED FACILITY TAX RATE - APPLICATION.
1506. HEARING AVAILABLE ON DENIAL OF PERMIT.
1507. PROMULGATION OF RULES - SCOPE OF RULES.
1508. TAX COMMISSION’S REMEDY IF TAX COLLECTION JEOPARDIZED - LIEN - DISTRESS WARRANT.
1509. RECORDS TO BE KEPT BY TAXPAYER - INSPECTION BY TAX COMMISSION - RETENTION OF RECORDS.
CHAPTER 16 - EXCISE TAX ON FARM MACHINERY, FARM ATTACHMENT UNITS AND IRRIGATION EQUIPMENT
1601. TAX IMPOSTED ON GROSS RECEIPTS
1602. TAX USE, STORAGE, CONSUMPTION.
1603. EXEMPTION TRADE IN.
1604. FARM MACHINERY DEFINED.
1605. PUBLIC AUCTION SALES.
1606. TAX COLLECTION AND ADMINISTRATION.
1607. FILING RETURNS.
1608. APPLICATION OF OTHER LAWS
1609. REVENUE DEPOSITED IN GENERAL FUND.
1610. RENTAL EXEMPT.
1611. PROMULGATION OF RULES.
1612. PROHIBITED.
CHAPTER 17 - RESERvED
CHAPTER 18 - GROSS RECEIPTS TAX ON VISITOR RELATED BUSINESSES
1801. GROSS RECEIPTS TAX ON VISITOR RELATED BUSINESS.
1802. DEFINITIONS.
1803. SEASONAL TAX RATES.
1803. SEASONAL TAX REVENUE ACCOUNT ESTABLISHED.
1804. APPLICATION OF SEASONAL TAX LODGING.
1805. APPLICATION OF SEASONAL TAX CAMPGOUNDS.
1806. APPLICATION OF SEASONAL TAX VISITOR ATTRACTION.
1807. APPLICATION OF SEASONAL TAX SPECTATOR EVENTS.
1808. NONPROFIT ORGANIZATIONS EXEMPT.
1809. RECEIPTS FROM NONPROFIT SHOOTING RANGE EXEMPT.
1810. ADMINISTRATION OF SEASONAL TAX.
1811. FILING RETURN AND REMITTING TAX.
1812. APPLICATION OF OTHER LAWS.
1813. PROMULGATION OF RULES.
1814. PROHIBITED ACTS-PENALTIES.
TITLE 12 - COMMUNITY ORGANIZATION
CHAPTER 1 - COMMUNITY ORGANIZATIONS
12-1-1. TITLE.
12-1-2.1. AUTHORITY.
12-1-2.2. PURPOSES.
12-1-3. DEFINITIONS OF TERMS.
12-1-4. APPLICATION OF TRIBAL LAW 12-1 RECOGNIZED COMMUNITIES AND COMMUNITIES REQUESTING TRIBAL RECOGNITION OR REORGANIZATION.
12-1-4.1. EXISTING COMMUNITY ORGANIZATIONS ESTABLISHED.
12-1-4.2. NEW COMMUNITIES.
12-1-5. ADOPTION OF UNIFORM COMMUNITY ORGANIZATION LAW.
12-1-5.1. APPLICATION BY COMMUNITY RESOLUTION.
12-1-5.2. COMMUNITY TASK FORCE.
12-1-5.3. COMMUNITY HEARING(S).
12-1-5.4. ADOPTION.
12-1-5.5. APPROVAL.
12-1-6. MODEL UNIFORM COMMUNITY ORGANIZATION LAWS OF ARTICLE V.
12-1-7. AMENDMENTS BY COMMUNITY ORGANIZATIONS OF 12-1-6.
12-1-7.1. AMENDMENTS.
12-1-7.2. ADOPTION.
12-1-8. COMMUNITY OFFICERS REVIEW COMMISSION.
12-1-8.1. MEMBERSHIP.
12-1-8.2. APPOINTMENT.
12-1-8.3. TERMS.
12-1-8.4. QUORUM.
12-1-8.5. DUTIES AND RESPONSIBILITIES.
12-1-9. APPEAL AND REVIEW TO RST ATTORNEY GENERAL.
12-1-9.1. APPEAL.
12-1-9.2. REVIEW.
12-1-10. EFFECTIVE DATE OF TRIBAL LAW 12-1.
12-1-11. AMENDMENTS OR RECISSION OF TRIBAL LAW 12-1.
TITLE 13 - GAMING
CHAPTER 1 - PURPOSE
13-1-101. PURPOSE.
CHAPTER 2 - DEFINITIONS
13-2-101. DEFINITIONS.
CHAPTER 3 - GAMING AUTHORIZED
13-3-101. GAMING AUTHORIZED.
CHAPTER 4 - OWNERSHIP
13-4-101. OWNERSHIP.
CHAPTER 5 - USE OF GAMING REVENUE
13-5-101. PURPOSES OF GAMING REVENUE.
13-5-102. PAYMENT PLAN FOR PER CAPITA.
13-5-103. PER CAPITA PAYMENTS FOR MINORS AND INCOMPETENT PERSONS.
CHAPTER 6 - BOARD OF DIRECTORS
13-6-101. TRIBAL GAMING BOARD OF DIRECTORS.
13-6-102. REQUIREMENTS FOR APPOINTMENT.
13-6-103. DUTIES.
13-6-104. APPOINTMENT.
13-6-105. CONFLICTS OF INTEREST
13-6-106. REMOVAL.
13-6.107. COMPENSATION.
CHAPTER 7 - GAMING COMMISSION
13-7-101. TRIBAL GAMING COMMISSION.
13-7-102. PURPOSE.
13-7-103. CONFLICTS OF INTEREST.
13-7-104. APPPOINTMENT.
13-7-105. NOMINEES AND STANDARDS.
13-7-106. AUTHORITIES.
13-7-107. BACKGROUND INVESTIGATION RECORDS.
13-7-108. TERMS OF OFFICE.
13-7-109. ELIGIBILITY.
13-7-110. REMOVAL.
13-7-111. MAJORITY CONSTITUTES QUORUM.
13-7-112. COMPENSATION.
13-7-113. RECORDS OF MEETINGS.
CHAPTER 8 - ETHICS
13-8-101. ETHICAL STANDARDS.
CHAPTER 9 - COMPLIMENTARY ITEMS
13-9-101. COMPLIMENTARY ITEMS.
CHAPTER 10 - AUDIT
13-10-101. AUDIT.
CHAPTER 11 - ENVIRONMENT AND PUBLIC HEALTH AND SAFETY
13-11-1. PROTECTION OF ENVIRONMENT.
CHAPTER 12 - DISPUTE RESOLUTIONS
13-12-101. DISPUTE RESOLUTION.
CHAPTER 13 - LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
13-13-101. SCOPE.
13-13-102. APPLICATION FORMS.
13-13-103. BACKGROUND INVESTIGATIONS.
13-13-104. ELIGIBILITY DETERMINATION.
13-13-105. PROCEDURE FOR FORWARDING APPLICATIONS AND REPORTS FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS TO THE NATIONAL INDIAN GAMING COMMISSION.
13-13-106. REPORT TO THE NATIONAL INDIAN GAMING COMMISSION.
13-13-107. GRANTING A GAMING LICENSE.
13-13-108. LICENSE SUSPENSION.
13-13-109. BOARD OF REVIEW FOR DISPUTES.
CHAPTER 14 - LICENSES FOR VENDORS
13-14-101. LICENSES FOR VENDORS.
CHAPTER 15 - MINIMAL INTERNAL CONTROL STANDARDS
13-15-101. MINIMAL INTERNAL CONTROL STANDARDS.
CHAPTER 16 - LICENSE LOCATIONS
13-16-101. LICENSE LOCATIONS.
CHAPTER 17 - AGENT FOR SERVICE OF PROCESS
13-17-101. AGENT FOR SERVICE OF PROCESS.
CHAPTER 18 - COMPLIANCE WITH FEDERAL LAW
13-18-101. COMPLIANCE WITH FEDERAL LAW.
CHAPTER 19 - REPEAL
13-19-101. REPEAL.
TITLE 14 - ROSEBUD SIOUX COMMERCIAL CODE
CHAPTER 1 - GENERAL COMMERCIAL PROVISONS
PART 1 - SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THIS TITLE
14-1-101. SHORT TITLE.