TITLE 1 – GENERAL PROVISIONS CHAPTER 4 – CODE REVISIONS

TABLE OF CONTENTS

Section 10 Purpose 1

Section 20 Code Reviser Appointed 1

Section 30 Duties of Code Reviser 1

Section 40 Conveyance to Code Reviser 2

Section 50 Revision of Code 2

Section 60 Depositories 2

Section 70 Publication and Distribution 2

TITLE 1 – GENERAL PROVISIONS CHAPTER 4 – CODE REVISIONS

Legislative History: Code Revision Ordinance No. 07-05 adopted June 22, 2005 by Resolution No.

C06-247-05.

Amended on January 16, 2008 by Resolution No. C01-14-08 and Ordinance 01-08

Amended on June 25, 2014 by Resolution No. C06-95-14 and Ord.No. 03-14

Section 10 Purpose (1 PYTC § 4-10)

1. The Pascua Yaqui Tribal Code is frequently amended, corrected, revised, updated, and expanded by legislative action of the Pascua Yaqui Tribal Council. This Chapter is intended to formalize the procedure for adding any and all new language to the Tribal Code subsequent to the adoption of any and all new language by Tribal Ordinance. This procedure will serve to clarify the Tribal Code by making clear the specific language in the Tribal Code on the specific date of enactment or effective date of any Tribal Ordinance intended to be codified.
2. This Ordinance shall be codified at Title 1, Chapter 4, Sections 10 – 70.

Section 20 Code Reviser Appointed (1 PYTC § 4-20)

The Tribal Council shall appoint a Code Reviser. The Code Reviser shall be a staff member in the Office of the Attorney General.

Section 30 Duties of Code Reviser (1 PYTC § 4-30)

The Code Reviser shall carry out all duties assigned under this Chapter, including but not limited to:

1. Certify by signature of the Code Reviser under dated seal, any and all amendments, corrections, revisions, updates, and expansions to and of the Tribal Code enacted by the Tribal Council; and, where made necessary by the Tribal Constitution or federal law, approved by the Secretary of the Interior; provided, that the Code Revisers’ actions shall be ministerial in nature and the Code Reviser shall not be empowered to determine whether or not an action by the Tribal Council or the Secretary or the Interior is necessary or sufficient for the lawful enactment into law of any amendment, correction, revision, update, or expansion of the Tribal Code.
2. Keep an official indexed and written record, which shall be public, of all certifications made by the Code Reviser under Section 30(A). Provide electronic, or upon request, hard copies, free of cost, of all certified amendments, corrections, revisions, updates, and expansions of the Tribal Code, to the following agencies, which are hereby declared depositories for the Tribal Code:
   1. The Pascua Yaqui Tribal Courts.
   2. The Tribal Secretary.
   3. The Office of the Attorney General.
   4. The Pascua Yaqui Legal Services Office.
   5. The Tribal Public Defenders Office.
   6. The Tribal Prosecutors Office.
   7. The Law Library of the University of Arizona School of Law.
   8. The Law Library of the Arizona State University School of Law.
3. Provide electronically of all certified amendments, corrections, revisions, updates, and expansions of the Tribal Code, to any other person or agency requesting such copies.
4. Certify under oath to the authentic status of the law as set out in the Tribal Code.
5. Check for conflicts with the existing Tribal Code.

Section 40 Conveyance to Code Reviser (1 PYTC § 4-40)

Upon adoption of any and all amendments, corrections, revisions, updates, or expansions of the Tribal Code by the Tribal Council, or, where necessary, upon approval of such actions by the Secretary of the Interior, the Tribal Secretary shall convey a copy of the amendment, correction, revision, update, or expansion of the Code together with a copy of the amendment adopting it, and where necessary, a copy of the Secretarial approval, to the Code Reviser.

Section 50 Revision of the Code (1 PYTC § 4-50)

Upon receipt of all the necessary documents from the Tribal Secretary, the Code Reviser shall make a written and dated Certification of Amendment which shall be permanently attached to the said documents and kept in the permanent files of the Code Reviser. Except as otherwise provided by this Section, any and all amendments, corrections, revisions, updates, or expansions of the Code shall be effective on the date enacted by the Tribal Council or on the date specified in the Tribal Council resolution

Section 60 Depositories (1 PYTC § 4-60)

The Code Reviser shall, upon Certification of any and all amendments, corrections, revisions, updates, or expansions of the Tribal Code, convey copies of the Code sections to the depositories designated in Section 30(B) above.

Section 70 Publication and Distribution (1 PYTC § 4-70)

1. The Code Reviser shall, on a monthly basis beginning on the date on which the Revised Tribal Code is adopted, update the Tribal Code and post an electronic version of the updated Tribal Code on the Pascua Yaqui Tribe official web site and internal intranet website.
2. The Code Reviser shall, on a semi-annual basis beginning on the date on which the Revised Tribal Code is adopted, prepare, arrange, and collate a hardcopy version of the Tribal Code for the permanent files of the Code Reviser, which shall be available for viewing upon request.
3. The complete Tribal Code including all updates shall be available online in an electronic format as noted above in subsection (A). The Code Reviser shall give information on how to access the Tribal Code online to all requesters.