qyuuqs News September 2017

RECENT TRIBAL CODE AMENDMENT Office of Tribal Attorney

The Swinomish Senate, the governing body of the Swinomish Indian Tribal Community, recently passed the following code amendments: Title 4, Chapter 6 – Criminal Code, Offenses Involving Public Peace and Health Title 4, Chapter 7 – Criminal Code, Offenses Involving Children Title 4, Chapter 10 – Criminal Code, Offenses Involving Controlled Substances At the August Senate meeting, the Senate amended three Chapters of the Tribe’s Criminal Code. The Law and Order Committee, Health, Education and Social Services (“HESS”) Committee, and Swinomish Development Authority (“SDA”) recommended the amendments, which were approved by the Senate on August 9, 2017. The amendments expand violations of underage consumption, disorderly conduct and public consumption to include the consumption or possession of cannabis. The amendments also decriminalize the possession of cannabis, and specify that the possession, growing, production, processing, packaging, manufacture, delivery, sale, or distribution of cannabis by the Swinomish Tribe or a Tribal Enterprise is not a violation of Tribal law. At the same time, the Senate adopted civil regulation of cannabis, discussed below.

Title 15, Chapter 8 – Business Regulations, Cannabis At the August Senate meeting, the Senate enacted Chapter 8 of the Tribe’s Business Regulations Code. The Law and Order Committee; Health, Education, and Social Services (“HESS”) Committee; and Swinomish Development Authority (“SDA”) approved and recommended the amendments, which were approved by the Senate on August 9, 2017.

Chapter 8 – Cannabis establishes a strict regulatory system for the production, possession, delivery, distribution, and sale of cannabis that reduces the risk of harm to the health and welfare of the Tribe and Tribal members, while providing revenues for essential government services by levying a tax on the sale of cannabis products. The Chapter restricts the production, sale and processing of cannabis to the Tribe and Tribal Enterprises.

Title 15, Chapter 11 – Business Regulations, Dental Health Provider Licensing At the May Senate meeting, the Senate adopted amendments to the Tribe’s Code for licensing of Dental Health Providers. The Swinomish Division of Licensing and Dental Health Provider Licensing Board requested that the Licensing Code specify information required as part of the licensure process, and the Licensing Board recommended the amendments, which were approved by the Senate on May 2, 2017. The amendments require Dental Health Provider license applicants to submit materials regarding their education and training, involvement in civil legal proceedings, criminal convictions and licensure history, in addition to the other application materials previously established in STC 15-11. The amendments specify that the Division must consider the applicant’s moral character and fitness to practice.

Title 14, Chapter 1 – Employment, Tribal Employment Rights At the April Senate meeting, the Senate made revisions to the Tribal Employment Rights Ordinance (“TERO”) Code. Under STC 14-01, the TERO Commission has the authority to administer the TERO, and recommended the amendment. The amendment provides the TERO Commission with more explicit authority regarding recommendation of TERO fee waivers. Previously, the TERO fee could only be waived with prior approval of the Senate. The amendment provides that the TERO fee can only be waived on the recommendation of the TERO Commission to the Senate.

The amended code and Constitution is available for review on our website at http://www.swinomish-nsn.gov.

Paper copies are available for review at the Tribal Court Clerk’s office, the Office of the Tribal Attorney, the Senate’s Executive Assistant, Social Services and Planning. sw d bš qyuuqs News e e

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