Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
[Includes updates and amendments through August 2003.]
REGISTRATION
Section 1 - Words and phrases defined. In this Ordinance the following
words and phrases have the designated meanings unless a different meaning
is expressly provided or the context clearly indicates a different meaning:
1) Clerk - means the Clerk of the White Earth Tribal Court.
2) White Earth Band - means the Federally recognized White Earth Band of Chippewas.
3) White Earth Reservations - means all lands under the jurisdiction of the White Earth Band of Chippewas.
4) (A) Mobile Home - means a manufactured home which is any trailer or semi-trailer designed, constructed and equipped for use as a human dwelling place, living abode, or living quarters, except house trailers. (B) House Trailer means a trailer or semi-trailer which is not more than eight feet in width and not more than 35 feet in length and which is designed, constructed and equipped for use as a human dwelling place, living abode or living quarter.
5) Motor Vehicle - means any vehicle which is self-propelled.
6) Owner - 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.
7) Vehicle - means every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
8) Court - means the White Earth Reservation Tribal Court.
9) Tribe - means the Federally recognized Minnesota Chippewa Tribe.
Section 2 - Penalty for operating unregistered or improperly registered vehicle.
1) It is unlawful for any person to operate or for an owner to consent to being operated on any highway or public road of the White Earth Reservation, any motor vehicle, mobile home, trailer or semitrailer or any other vehicle for which registration fee is specifically described unless at the time of operation the vehicle in question either is registered with the White Earth Band of Chippewas or is exempt from registration.
a) A vehicle may be operated by a private person after the date of purchase of such a vehicle by such private person or after the date such person moved to the White Earth Reservation if application for registration and certificate of title has been made.
b) All vehicles subject to renewal of registration may be operated provided that application for reregistration has been made and received by the Clerk of Court of the White Earth Reservation Tribal Court or such designated Deputy Clerk.2) Any person violating sub. (1) may be fined not more than $ 700.00 or imprisoned not more than 90 days or both. In addition to imposing the penalty, the court shall order the offender to make application for registration or reregistration and to pay the fee thereof.
Section 3 - When vehicles exempt from registration. A vehicle even
though operated upon a highway or public road of the White Earth Reservation
is exempt from registration when such vehicle:
Section 4 - Application for registration.
1) Application for original registration and for renewal of registration shall be made to the Clerk of Court of the White Earth Reservation Tribal Court upon forms prescribed and shall be accompanied by the required fee.
2) Applications for original registration of a vehicle shall contain the following information:
a) The name of the owner.
b) The address of the owner.
c) A description of the vehicle, including make, model, identifying number and any other information which the White Earth Band reasonably require for proper identification of the vehicle.
d) The Village or Reservation District in which the vehicle kept.
e) Such further information as the Clerk of Court may reasonably require to enable him to determine whether the vehicle is by law entitled to registration or to enable him to determine the proper registration fee for the vehicle.
3) Application for renewal of registration shall contain the information required in Sub. (2) for original applications or such parts thereof as the Clerk of Court deems necessary to assure the proper registration of the vehicle.
4) If the applicant for a certificate of registration is under 18 years of age, the application shall be accompanied by a statement made and signed by the applicant's parent who 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 or public roads. Any person who violates this section may be fined not more than $700 or imprisoned not more than 90 days or both.
Section 5 - Grounds for refusing registration. The Clerk of Court
shall refuse registration of a vehicle under the following circumstances:
Section 6 - Contents, issuance and display of certificate of registration;
issuance of duplicate certificate.
1) The Clerk of Court 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, a full description 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 Clerk of Court deems advisable.
2) The Clerk of Court shall issue a duplicate certificate or registration upon application therefor by any person in whose name the vehicle is registered and upon payment of a fee of $ 3.50.
Section 7 - Design, procurement and issuance of registration plates.
1) The Clerk of Court upon registering a vehicle pursuant to this ordinance shall issue and deliver prepaid to the applicant two (2) registration plates for each automobile, motor truck, motor bus, school bus or self-propelled mobile home registered, and one plate for other vehicles registered unless the Clerk of Court believes that two (2) plates will better serve the interests of law enforcement.
2) The White Earth Band of Chippewas shall determine the size, color and design of registration plates with a view toward making them visible evidence of the period for which the vehicle is registered, as well as making them a ready means of identifying the specific vehicle or owner for which the plates were issued.
3) All registration plates shall have displayed upon them the following:
a) The registration number or letters assigned to the vehicle or owner.
b) The name White Earth Indian Reservation - Minnesota or an abbreviation thereof.
c) An indication of the period for which the specific plate is issued or the date of expiration of registration.4) All registration plates issued shall be treated with a reflectorized material.
Section 8 - Display of registration plates.
1) Whenever 2 registration plates are issued for a vehicle, one such plate shall be attached to the front and one to the rear of the vehicle. Whenever only one registration plate is issued, the plate shall be attached to the front, if the vehicle is a truck tractor or road tractor; otherwise, it shall be attached to the rear.
2) Registration plates shall be attached firmly and rigidly in a horizontal position and in a conspicuous place. The plates shall at all times be maintained in a legible condition and shall be so placed 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.
3) Any of the following may be required to forfeit not more than $ 75.00:
a) A person who operates a vehicle for which current registration plate or insert tag have been issued without such plate or tag being attached to the vehicle;
b) A person who operates a vehicle with a registration plate 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 plate;
c) A person who operates a vehicle with a registration plate in an illegible condition due to the accumulation of dirt or other foreign matter.
Section 9 - Issuance of replacement plates .
1) Whenever a current registration plate is lost or destroyed, the owner of the vehicle to which the plate was attached shall immediately apply to the Clerk of Court for replacement. Upon satisfactory proof of the loss or destruction of the plate and upon payment of a fee of $ 10.00, the Clerk of Court shall issue a replacement.
2) Whenever a current registration plate becomes illegible, the owner of the vehicle to which the plate is attached shall apply to the Clerk of Court for a replacement. Upon receipt of satisfactory proof of illegibility, and upon payment of a fee of $10.00, the Clerk of Court shall issue a replacement. Upon receipt of his replacement plate, the applicant shall forthwith surrender to the Clerk of Court his illegible plate.
3) When issuing a replacement plate, the Clerk of Court may assign a new number and issue a new plate rather than duplicate of the original if in his judgment that is in the best interests of economy or prevention of fraud. In such event, the person receiving the replacement plates shall surrender both original plates if 2 plates were issued.
4) Any person issued replacement plates who fails to surrender his illegible plates as required by Sub. (3) may be required to forfeit not more than $ 5.00.
5) The Clerk of Court shall keep an accurate, and updated list of all registration plates issued, the number thereof, the name the owner and the description of the motor vehicle.
PROVISIONS RELATING TO REGISTRATION FEES
Section 10 - Annual Registration Fees.
1) A registration fee as herein set forth shall be paid for all motor vehicles, not exempted by Section (3), using the public streets or highways of the White Earth Reservations for each calendar year on the following basis:
a) During the first three years of vehicle life $75.00 per calendar year.
b) During the fourth through seventh years of vehicle life $50.00 per calendar year.
c) During the eighth and succeeding years of vehicle life $25.00 per calendar year.
d) A registration fee of $25.00 shall be paid for all motorcycles using the public streets and highways of the White Earth Reservation for each calendar year.
e) Trucks; trailers; combinations - A registration fee shall be paid for each truck, tractor, trailer and semi-trailer or combinations of trucks and trailers based upon total gross weight and shall be as indicated in the following rate schedule.
Total Gross Weight in Pounds [divided by] 4
|
Weight |
Fee |
|
A. 0 - 1,500 |
75.00 |
|
B. 1,501 - 3,000 |
100.00 |
|
C. 3,001 - 4,500 |
125.00 |
|
D. 4,501 - 6,000 |
150.00 |
|
E. 6,001 - 9,000 |
200.00 |
|
F. 9,001 - 12,000 |
225.00 |
|
G. 12,001 - 15,000 |
250.00 |
|
H. 15,001 - 18,000 |
300.00 |
|
I. 18,000 - 21,000 |
325.00 |
|
J. 21,001 - 26,000 |
350.00 |
|
K. 26,001 - 33,000 |
375.00 |
|
L. 33,001 - 39,000 |
400.00 |
|
M. 39,001 - 45,000 |
425.00 |
|
N. 45,001 - 51,000 |
450.00 |
|
O. 51,001 - 57,000 |
475.00 |
|
P. 57,001 - 63,000 |
500.00 |
|
Q. 63,001 - 69,000 |
525.00 |
|
R. 69,001 - 73,280 |
550.00 |
|
S. 73,281 - 78,000 |
575.00 |
|
T. 78,001 - 81,000 |
600.00 |
|
U. 81,001 - no limit |
625.00 |
The fee for all gross weights over 81,001 pounds hall be the fee set forth in T. above, plus $10.00 for each 5,000 pounds or fraction of 5,000 pounds.
f) Trailers - The annual license fee is based upon gross weight and is 33 percent of the base rate prescribed in section 10 subdivision (e).
g) Farm trucks - On farm trucks having a gross weight of not more than 57,000 pounds, the registration fee shall be based upon gross weight and shall be 100 percent of the rate prescribed in Section 10 (e).
2) Pro-rated fee -- When a motor vehicle first becomes subject to registration during the calendar year, the registration fee shall be for the remainder of the year prorated on a monthly basis, one-twelfth of the annual registration fee for each calendar month or fraction thereof.
Towed recreation vehicles shall be licensed and registered on the basis of gross weight as set forth in Section 10 (e) and shall pay a fee of 25 percent of the fee set forth in Section 10 (e).
Section 11 - When fees refundable.
1) The White Earth Band of Chippewas shall not refund a fee paid to it except when expressly authorized or directed by this section.
2) The White Earth Band of Chippewas 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 White Earth Band of Chippewas and upon furnishing of such proof as the Clerk of Court may require that the vehicle will not be operated on the White Earth Reservation during the remainder of the period for which the vehicle is registered, and returns to the White Earth Band of Chippewas his certificate of registration 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 highways or public roads of the White Earth Reservation.
EXEMPTION OF NONRESIDENTS
Section 12 - Exemption of nonresidents.
1) Any vehicle which is registered in another jurisdiction is exempt from the laws of the White Earth Band of Chippewas providing for the registration of such vehicles if:
a) The vehicle carried a registration plate indicating registration in such other jurisdiction; and
b) The vehicle is owned by a nonresident of the White Earth Reservation.
c) The jurisdiction in which the vehicle is registered allows such vehicles when registered with the White Earth Band to be operated tax free upon its highways under conditions substantially as favorable to members of the White Earth Band of Chippewas as to its own resident members.
d) The owner of said vehicle is a non-tribal member.2) If the Tribal member owner of any such vehicle moves to the White Earth Reservation or if the vehicle is purchased by a Tribal member residing on the White Earth Reservation, the vehicle immediately becomes subject to the laws of the White Earth Band of Chippewas providing for the registration of the vehicles and said Tribal member may elect to register their vehicle pursuant to this ordinance or to maintain current valid registration and licensing through the State of Minnesota.
PENALTY FOR FRAUDULENT PRACTICE
Section 13 - Fraudulent application for registration or license. Any
person who gives a false or fictitious name or address in an application for
license or registration or who makes application for license or registration
in the name of a person other than the true owner, or true owner and lessee,
may be fined not more that $ 700.00 or imprisoned not more than 90
days or both.
Section 14 - Improper use of evidence of registration. Any person
who does any of the following may be fined not more than $ 700.00 or
imprisoned not more that 90 days or both:
1) Lends to another a registration plate, knowing that the person borrowing the plate is not authorized by law to use it; or
2) Displays upon a vehicle a registration plate not issued for such vehicle or not otherwise authorized by law to be used thereon; or
3) Willfully twists, paints, alters or adds to or cuts off any portion of a registration plate or sticker; or who places 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.
Section 15 - False evidence of registration. Whoever operates or has
in his possession a motor vehicle, mobile home, trailer or semitrailer or
other vehicle subject to registration which has attached thereto any plate
or similar device fashioned in imitation of or altered so as to resemble the
current registration plate issued by the White Earth Band of Chippewas may
be fined not more than $ 700 or imprisoned not more than 90 days.
Section 16 - When registration to be suspended.
1) The Clerk of Court of the White Earth Reservation Tribal Court shall suspend the registration of a vehicle when:
a) The registration was completed through fraud or error and the person who registered the vehicle does not or cannot register the vehicle properly; or
b) The required fee has not been paid and the same is not paid upon reasonable notice and demand.
2) Any registration suspended pursuant to this section continues to be suspended until reinstated, by the Clerk of Court. The Clerk of Court shall reinstate the registration when the reason for the suspension has been removed.
3) 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 Clerk of Court., Any person who fails to return the plates as required by this section may be required to forfeit not more than $700.00.
CERTIFICATE OF TITLE
Section 17 - When certificate of title required.
1) The owner of a vehicle subject to registration on the White Earth Reservation whether or not such vehicle is operated on any highway or public road of the Reservation, shall make application for certificate of title for the vehicle under the following circumstances:
a) If he has newly acquired the vehicle.
b) If he applies for registration of a vehicle for which he does not hold a valid certificate of title previously issued to him by the Clerk of Court for the vehicle in question, he shall at the same time apply for a certificate of title.2) 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 Clerk of Court for the vehicle in question, that is prima facie evidence that he is the owner of the vehicle and he need not apply for a new certificate of title each time he applies for registration.
Section 18 - Application for certificate of title.
1) An application for a certificate of title shall be made to the Clerk of Court upon a form prescribed by him and shall be accompanied by the required fee. Each application for certificate of title shall contain the following information:
a) The name and address of the owner.
b) A description of the vehicle, including make, model, identifying number and any other information which the Clerk of Court may reasonably require for proper identification of the vehicle.
c) The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any secured parties in the order of their priority and the day of their security agreements.
d) If the vehicle is a new vehicle being registered for the first time, the signature of a dealer authorized to sell such a new vehicle. The manufactures certificate of origin must be surrendered to the Clerk of Court.
e) Any further evidence of ownership, which may reasonably required by the Clerk of Court to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.
f) If the vehicle is a used motor vehicle which was last registered in another jurisdiction, the applicant shall furnish all certificates of ownership issued by the other jurisdictions and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the Clerk of Court prescribes, and shall furnish a certification by a law enforcement officer or by an employee designated by the Clerk of Court to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application.
g) All applications for a certificate of title shall give the true cumulative mileage registered on the odometer or that the actual mileage is unknown, if the odometer reading is known by the owner to be different from the true mileage.2) Any person who knowingly makes a false statement in application for a certificate of title may be fined not more than $700.00 or imprisoned not more than 90 days or both.
Section 19 - Maintenance of records. The Clerk of Court shall maintain
a record of all applications and all certificates of title issued by him:
a) According to title number.
b) Alphabetically, according to name of owner.
c) According to VIN number.
d) According to plate number.
e) In any other manner which the Clerk of Court determines to be desirable.
Section 20 - Contents of certificate of title.
1) Each certificate of title issued by the Clerk of Court shall contain:
a) The name and address of the owner.
b) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on such certificate.c) The title number assigned to the vehicle.
d) A description of the vehicle, including make, model, identifying number and the cumulative mileage registered on the odometer for the last transaction as required in Section 18 (g).2) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for application for certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.
3) A certificate of title issued by the Clerk of Court is prima facie evidence of the facts appearing on it.
Section 21 - Grounds for refusing issuance of certificate of title. The
Clerk of Court shall refuse issuance of a certificate of title if any required
fees are not paid or if he has reasonable grounds to believe that:
1) The person alleged to be the owner of the vehicle is not the owner; or
2) The application contains false or fraudulent statement: or
3) The applicant fails to furnish the information or documents required by this Ordinance.
Section 22 - Lost, stolen or mutilated certificates.
1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Clerk of Court shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Clerk of Court. The duplicate certificate of title shall contain the legend "This is a duplicate certificate and may be subject to the rights of a person under the original certificate".
2) The Clerk of Court shall not issue a new certificate of title to a transferee upon application made on a duplicate until 15 days after receipt of the application.
3) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Clerk of Court.
Section 23 - Fees. The Clerk of Court shall be paid the following
fees:
1) For filing an application for a first certificate of title $10.00, by the owner of the vehicle.
2) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $10.00, by the owner of the vehicle.
3) For a duplicate certificate of title $10.00, by the owner of the vehicle.
TRANSFER OF TITLE
Section 24 - Transfer of interest in a vehicle.
1) If an owner transfers his interest in a vehicle, he shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee. 2) The transferee shall, promptly after delivery to him of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate and cause the certificate and application to be mailed or delivered to the Clerk of Court.3) A transfer by an owner is not effective until the provisions of this section have been complied with. An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section requiring action by him is not liable as owner for damages thereafter resulting from operation of the vehicle.
4) Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by Sub. (1) may be required to forfeit not more than $ 700.00.
5) Any transferee of a vehicle who fails to make application for a new certificate of title immediately upon transfer to him of a vehicle may be required to forfeit not more than $700.00 . A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the Clerk of Court or deposited in the mail properly addressed with postage prepaid.
Section 25 - When Clerk of Court to issue a new certificate.
1) The Clerk of Court upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by ordinance, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner.
Section 26 - Perfection of security interests.
1) A security interest in a vehicle of a type for which a certificate of title, is required is not valid against creditors of the owner of subsequent transferees or secured parties of the vehicle unless perfected as provided in this ordinance.
2) A security interest is perfected by the delivery to the Clerk of Court of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party and the date of his security agreement, and the required fee. It is perfected as of the time of its creation if such delivery is completed within 10 days thereafter.
Section 27 - Duties of creation of security interest. If an owner
creates a security interest in a vehicle:
1) The owner shall immediately execute, in the space provided therefore on the certificate of title or on a separate form prescribed by the Clerk of Court an application to name the secured party on the certificate, showing the name and address of the secured party and the date of his application and the required fee to be delivered to the secured party.
2) The secured party shall immediately cause the certificate, application and the required fee to be mailed or delivered to the Clerk of Court.
3) Upon receipt of the certificate of title, application and the required fee, the secretary shall issue to the owner a new certificate containing the name and address of the new secured party.
Section 28 - Assignment of security interest.
1) A secured party may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate.
2) The assignee may but need not, to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the Clerk of Court the certificate and an assignment by the secured party named in the certificate in the form the Clerk of Court prescribes.
Section 29 - Release of security interest.
1) Whenever there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under a security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the Clerk of Court prescribes, a release of the security interest in the form and manner prescribed by the Clerk of Court. If the secured party fails to execute and deliver such a release within 10 days after receipt of the owner's written demand therefor he shall be liable to the owner for $ 250.00 and for any loss caused to the owner by such failure.
2) The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the Clerk of Court, which shall release the secured party's rights on the certificate and issue a new certificate.
Section 30 - Secured party's and owner's duties.
1) A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to his security agreement and the indebtedness secured by it.
2) An owner shall promptly deliver his certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it upon receipt of a notice from such secured party that his security interest is to be assigned, extended or perfected.
3) Any secured party who fails to disclose information pursuant to Sub. (1) shall be liable for any loss caused to owner thereby.
4) Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to Sub. (2) shall be liable to such secured party for any loss caused to the secured party thereby and may be required to forfeit not more than $250.00
Section 31 - Method of perfecting exclusive. The method provided in
this ordinance of perfecting and giving notice of security interests subject
to this Ordinance is exclusive.
Section 32 - Suspension or revocation of certificate.
1) The Clerk of Court shall suspend or revoke a certificate title if he finds:
a) The certificate of title was fraudulently procured, erroneously issued or prohibited by law; or
b) The vehicle has been scrapped, dismantled or destroyed; or
c) A transfer of title is set aside by a court by order or judgment.
2) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
3) When the Clerk of Court suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the Clerk of Court.
4) The Clerk of Court may seize and impound any certificate of title which has been suspended or revoked.
Section 33 - Cancellation of title or registration. The Clerk of Court
shall cancel a title registration whenever:
1) A transfer of title is set aside by the court by order or judgment; or
2) It is subsequently discovered that the issuance or possession of a title or registration is prohibited by law.
3) Interest passing by other than voluntary transfer.
a) If the interest of an owner in a vehicle passes to another than by voluntary transfer, the transferee shall, except as provided in subdivision (b), promptly mail or deliver to the Clerk of Court the last certificate of title, if available, proof of the transfer, and his application for a new certificate in the form the department prescribes.
b) If the interest of the new owner is terminated or the vehicle is sold under a security agreement by a secured party named in the certificate of title, the transferee shall promptly mail or liver to the Clerk of Court the last certificate of title, if available, his application for a new certificate in the form the Clerk of Court prescribes, and an affidavit made by or on behalf of the secured party that the interest of the owner has lawfully terminated or the vehicle sold pursuant to the terms of the security agreement. If the secured party succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title provided that he mails or delivers to the Clerk of Court in duplicate within 48 hours a notice thereof in form designated by the Clerk of Court, but upon transfer to another person shall promptly mail or deliver to the transferee or the Clerk of Court the certificate, affidavit, and other documents required to be sent to the Clerk of Court by the transferee.
c) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the Clerk of Court upon its request. The delivery of the certificate pursuant to the request of the Clerk of Court does not affect the rights of the person surrendering the certificate, and the action of the Clerk of Court in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or secured party named in the old certificate.
Section 34 - Insurance requirements.
All applicants for motor vehicle licenses issued pursuant to this ordinance shall provide the information required by the Clerk of Court on a form to be supplied by the Clerk of Court to show the applicant has the liability insurance required by Minnesota Statutes 65 B 41 to 65 B 77. This requirement does not apply to vehicles owned by the White Earth Band of Chippewas. The White Earth Band of Chippewas shall carry liability insurance in amounts it shall elect to carry. It waives its' sovereign immunity to the limits of any liability insurance it carries that is in effect and in force at the time any claim or cause of action against it shall occur.
Section 35 - Sales taxes. All applicants who are required to pay the
State of Minnesota sales tax on the sale of a motor vehicle pursuant to the
provisions of M.S.A. 297 A, et seq. and any applicable sales tax agreement
between the State of Minnesota and the White Earth Band of Chippewas shall
furnish proof to the Clerk of Court for the White Earth Tribal Court that
sales tax has been paid or shall pay it to the Clerk of Court for transmission
to the Commissioner of Revenue for the State of Minnesota before any transfer
of title is made by the Clerk of Court. This section shall not apply to purchase
of motor vehicles by the White Earth Band of Chippewas, or any of its wholly
owned subdivisions.
Section 36 - Effective date of ordinance. This ordinance shall take
effect at 12:01 a.m., Sept. 1, 1987. All enrolled tribal members residing
within the boundaries of the White Earth Indian Reservation shall be required
to obtain the licenses as required by this ordinance and to register those
motor vehicles required to be registered by this ordinance. Those enrolled
tribal members residing within the boundaries of the White Earth Indian Reservation
to have current and valid State of Minnesota licenses and registration as
of June 1, 1987 shall not be required to obtain the license and registration
required by this ordinance until their current valid State of Minnesota licenses
expire.
RECIPROCITY AGREEMENT
BETWEEN
THE WHITE EARTH BAND OF CHIPPEWA AND THE
STATE OF MINNESOTA
The duly authorized officials of the White Earth Band of Chippewa and the State of Minnesota, acting by and through the authority granted to them by the law of their respective jurisdictions, hereby mutually agree:
I.
The following words as used in this agreement have the following meanings, respectively:
RESIDENT:
(1) An individual who is a resident in either jurisdiction;
(2) A corporation organized under the laws of either jurisdiction;
(3) A corporation not organized under the laws of either jurisdiction but licensed to do business in either jurisdiction and maintaining a place of business in such jurisdiction.
JURISDICTION:
Either the White Earth Band of Chippewa or the State of Minnesota.
INTERJURISDICTIONAL OPERATIONS:
Means any operation where a load is picked, up within a given point in one jurisdiction and delivered to a point in another jurisdiction. This does not allow for a pick-up and delivery of the same load within a jurisdiction.
VEHICLE:
A passenger automobile, vehicle used for farming.
RECIPROCITY:
Exception from registration and from payment of taxes or fees levied against an owner or operator by reason of the operation of vehicles when performing interjurisdictional operations provided, however, that nothing contained in this agreement shall be construed to exempt the owner or operator of any vehicle transporting persons or property for hire from compliance with the laws and regulations of either jurisdiction with respect to the necessity of procuring authority to operate, the filing of insurance coverage or the payment of "identification stamp" or vehicle "permit" fees. Further, it shall not be construed to exempt or waive compliance with the weight or dimension laws of the respective jurisdictions.
II.
Except as hereinafter provided, vehicles owned or operated by a resident of either jurisdiction and lawfully registered therein shall be entitled to reciprocity in the other jurisdiction while performing interjurisdictional operations and shall include the following:
III.
Except as hereinafter provided, vehicles owned or operated by a resident of either jurisdiction and lawfully registered therein shall be entitled to reciprocity in the other jurisdiction while performing intrajurisdictional operations and shall include the following:
(1) Full reciprocity will be extended by both jurisdictions to vehicles owned or operated by a resident farmer or rancher of either state hauling their own farm products, farm supplies, or farm equipment.
(2) Full reciprocity, including "Gainful Employment Operations", will be extended by both jurisdictions to all automobiles, panel trucks, or pickup trucks that are properly registered in their jurisdiction.
IV.
The following vehicles shall not be entitled to reciprocity:
(1) Any vehicle having a gross weight greater than that for which the vehicle is registered or that for which taxes have been paid in the jurisdiction.
V.
If either jurisdictions shall cancel or suspend the reciprocity privileges of a resident of the other jurisdiction, pursuant to the law of the canceling or suspending jurisdiction, such jurisdiction shall give written notice thereof to the other jurisdiction and shall include in such notice a statement of the reason for such cancellation of suspension.
VI.
Motor vehicle title certificates issued by either jurisdiction shall be recognized as prima facie evidence of ownership by the other jurisdiction, so long as the following conditions are met and continued to be met during the time that this agreement is in effect:
(1) Documented adherence by both jurisdictions to established national titling policies and procedures as outlined in the AAMVA Procedural Manual.
(2) Adoption by each jurisdiction of laws designed to preserve motor vehicle ownership integrity and demonstrated means of implementing such laws.
(3) Requirement by each jurisdiction of proof of continuity of ownership in a motor vehicle including:
(b) Valid certificates of title from other jurisdictions as a prerequisite to issuance of titles for used vehicles;
(4) Implementation by each jurisdiction of means to prevent undetected alteration of motor vehicle title documents issued by either jurisdiction.
VIII.
This agreement shall become effective on August 24, 1987 and may be terminated by either party on thirty days written notice to the other.
In WITNESS WHEREOF, the White Earth Band of Chippewa and the State of Minnesota, each acting through its duly authorized and responsible officers have executed this agreement on the date indicated.
|
State of Minnesota By /s/
By /s/
By /s/
|
White Earth Band of Chippewas By /s/
By /s/
|