TITLE 3 LEGISLATIVE BRANCH SECTION 4 INITIATIVE AND REFERENDUM

Power of the people

Have you ever wondered what power of the people means? Title 3 Legislative Branch Section 4 Initiative and Referendum states that while the legislative authority lies in the Band Assembly, the people have the power to propose an idea for bills to become laws and to be able to vote to approve or reject any part of a bill or law passed by the Band Assembly, subject to election regulations.

There is a formal process to go through in order to go from an idea to a law.

First, what is a bill? A bill is an idea for a new law or an idea to change the current law. Anyone can suggest an idea for a bill.

Each bill must have a District Representative to sponsor and introduce it on the Band Assembly agenda. The sponsor is the one whose name appears on the bill. The Revisor of Statutes must have a District Representative be willing to sponsor a bill prior to the Revisor working on the bill.

The Revisor of Statutes and other legislative staff work with the District Representative sponsoring the bill to create a first draft. The Revisor is responsible for assuring that the form of the bill complies with the rules and drafting manual.

Once the first draft is complete, the Revisor, legislative staff, and District Representatives will work through the draft bill at workshops. Typically, multiple workshops are held to ensure the District Representatives are ready to introduce it in Band Assembly. Prior to introducing a bill, the District Representatives will invite stakeholders to workshops.

Pursuant to Legislative Order 28-20, Band Assembly may provide a comment period. Comment periods give Band members and Band employees an opportunity to comment on draft bills during a specified period of time. Once the comment period concludes, the District Representatives will hold at least one more working session to review comments and make any desired changes to the draft bill.

Pursuant to 3 MLBS § 17(a), “[t]he Band Assembly shall conduct formal public hearings on any bill which alters, amends, or repeals Titles 1, 3, 4 and 5, Chapter 1 of Title 2, and Subchapters 1 to 3 of Chapter 3 of Title 24 of the Mille Lacs Band Statutes. The Band Assembly may conduct formal public hearings on any or all other bills at their discretion. Formal public hearings shall be held in all appropriate districts of the Band’s Reservation prior to the time that the Band Assembly seeks to formally act upon said bill. Additionally, each bill shall be posted in a conspicuous location for ten (10) calendar days after said bill has been introduced at a formal public hearing. This provision shall not apply to any bill on which no formal public hearing has been held.”

Once a final draft of the bill is ready for action, the sponsoring District Representative will introduce the bill during a meeting of the Band Assembly.

Once a bill has been introduced, the Band Assembly may take action to approve or deny the bill.

Pursuant to 3 MLBS § 17, after formal action of the Band Assembly, no later than 72 hours, a bill shall be delivered to the Chief Executive. The Chief shall have five (5) calendar days from the date of receipt to either sign the bill into law, or veto the bill and return it to the Band Assembly with a written veto message containing the objections to the bill. In the event the Chief Executive neither signs the bill nor vetoes it, it shall become law without the Chief Executive’s signature after the expiration of five (5) calendar days from date of receipt of the bill.

Any bill which has been vetoed and returned by the Chief Executive shall have a compromise hearing within five (5) calendar days of the return. Failure of the Band Assembly to act within the five (5) calendar days shall halt further action on said bill for 180 calendar days.

Fifteen calendar days shall be available to negotiate an agreement for the bill's passage into law. Should an agreement not be concluded within the allotted time, further action on the bill is precluded for 180 calendar days from said date. Appropriation bills shall be excluded from the above time schedule.

A veto by the Chief Executive is a total veto of the entire bill. Sectional vetoes shall be prohibited pursuant to the provisions of this section.

Once a bill is signed into law, the Revisor of Statutes shall codify any permanent, general law into statute. Law that does not become codified will still be available on the Tribal Register, under Acts/Ordinances.

Read the full Section 4 initiative and referendum in the sidebar at the right.

If you want to know more about any of the Band's governing documents: compilation of statutes, ordinances, resolutions, orders, policies, opinions, rules, and official acts produced throughout the years, please visit the Tribal Register at https://millelacsband.com/government/tribal-register

LEGISLATIVE BRIEFS

§ 4. Initiative and Referendum.

(a) The legislative authority of the Band is vested in the Band Assembly, but there is reserved to the people the power to propose bills and laws and to enact or reject the same at the polls, independent of the Band Assembly and at their own option, to approve or reject at the polls any item, section or part of any bill or law passed by the Band Assembly, subject to election regulations promulgated by the Band Assembly.

(b) The power of the people to approve or reject at the polls any item, section or part of any bill or law passed by the Band Assembly shall be exercised by filing a petition with the Secretary-Treasurer, signed by at least five percent (5%) of the Band members entitled to vote in tribal elections based on the total number of registered voters at the last preceding tribal election, within 20 calendar days after the passage of such bill or law. Newly enacted bills and laws shall be posted in each district within five (5) calendar days of enactment and shall remain posted until 20 calendar days have passed after enactment. The same petition requirements, excluding the 20- day limitation, shall apply to the power of the people to propose new bills and laws. An election regarding such initiative or referendum shall be held within 30 calendar days after the filing of the petition.

(c) The people shall not have the power to approve or reject at the polls any item, section or part of any bill or law passed by the Band Assembly prior to September 19, 1992.

Historical and Statutory Notes

Source: Band Statute 1141-MLC-2, § 6. Band Ordinance 08-93. Band Ordinance 38-21. Band Act 79-22.

BAND ASSEMBLY MEETING NOTES

February 7, 2023 Legislative staff facilitated a Weekly Sync Meeting with elected officials to review the upcoming Band Assembly agenda items. The review included discussion about Mille Lacs Band Personnel Policy proposed revisions, the workshop schedule, and District Representative initiatives.

February 14, 2023 Legal staff facilitated a workshop for the elected officials, legislative staff, GRA personnel, Commissioner of Corporate Affairs, and Mille Lacs Corporate Ventiures attorney regarding proposed revisions to Title 15, Chapter 1 (Gaming Regulatory Authority).

February 14. 2023 Legislative staff facilitated a Weekly Sync Meeting with elected officials to review the upcoming week with no Band Assembly meeting. The review included discussion about the workshop schedule and District Representative initiatives.

BAND ASSEMBLY MEETINGS

Band Assembly meetings are are held every Wednesday at 10 a.m. in Band Assembly Chambers. Dates, times, and locations are subject to change. Call the Legislative office at 320-532-4181 with questions.