ARTICLE VI – LEGISLATIVE BRANCH

 

Section 1. Composition. The Legislative Branch shall be comprised of one Legislature. The Legislature shall consist of four Cheyenne Districts and four Arapaho Districts. Each Cheyenne District shall have one Cheyenne Legislator and each Arapaho District shall have one Arapaho Legislator, for a total of eight District Legislators. The Legislature shall select a Speaker from among its members.

Section 2. Districts.

(a). There shall be four Cheyenne Districts and four Arapaho Districts for purposes of voting by Members of the Tribes and representation on the Legislature.

(b). The District boundaries shall be as follows:

(I). Cheyenne District 1 and Arapaho District 1. The District boundary for Cheyenne District 1 and Arapaho District 1, which includes Seiling, Watonga, and Longdale, shall begin at a point located at the northwest corner of Kingfisher County, thence south to the north boundary line of Canadian County, thence west to the northwest comer of Canadian County, thence north three miles, thence west eight miles, thence south three miles, thence west nine miles, more or less, to an intersection with the South Canadian River, thence northwestwardly along the course of the South Canadian River through Blaine, Custer, Dewey, and Ellis Counties, to the west boundary of the Concho Area Agency area, thence north to the northwest corner of the Concho Agency area, thence east along the north line of the Concho Agency area to the place or point of beginning.

(ii). Cheyenne District 2 and Arapaho District 2. The District boundary of Cheyenne District 2 and Arapaho District 2, which includes Kingfisher, El Reno, and Calumet, shall begin at a point located at the northwest corner of Kingfisher County on the north boundary of the Concho Agency area, thence south to the north boundary line of Canadian County, thence west to the northwest corner of Canadian County, thence north three miles, thence west eight miles, thence south three miles, thence west nine miles, more or less, to an intersection with the South Canadian River, thence southeastwardly along the course of the South Canadian River to the to the southeast comer of the Concho Agency area, thence north along the east boundary of the Concho Agency area to an intersection with Interstate Highway 40, thence east along Interstate Highway 40 a distance of four miles, thence north a distance of five miles, thence west to the east line of the Concho Agency area, thence north along the east line of the Concho Agency area to a point three miles south of U.S. Highway 33, thence east to a point two miles east of U.S. Highway 81, thence north a distance of five miles, thence west to the east boundary of the Concho Agency area, thence north along the east border of the Concho Agency area to the north border of the Concho Agency area, thence west to the place or point of beginning.

(iii). Cheyenne District 3 and Arapaho District 3. The District boundary for Cheyenne District 3 and Arapaho District 3, which includes Thomas, Deer Creek, Weatherford, and Clinton, shall begin at the intersection of the South Canadian River and the east line of Custer County, thence southerly along the east line of Custer and Washita Counties to the southeast comer of Washita County, thence westwardly along the south line of the Concho Agency area to a point six miles west of U.S. Highway 183, thence northerly along a line six miles west and parallel to U.S. Highway 183 to an intersection with the South Canadian River, thence eastwardly along the course of the South Canadian River to the place or point of beginning.

(iv). Cheyenne District 4 and Arapaho District 4. The District boundary for Cheyenne District 4 and Arapaho District 4, which includes Hammon and Elk City, shall begin at a point on the south line of Washita County six miles west of U.S. Highway 183, thence west along the south line of Washita and Beckham Counties to the North Fork of the Red River, thence northwestwardly along the course of the North Fork of the Red River and the Concho Agency area to the west line of the Concho Agency area, thence north along the west line of the Concho Agency area to an intersection with the South Canadian River, thence eastwardly along the course of the South Canadian River to a point six miles west of U.S. Highway 183, thence southerly along a line six miles west of and parallel to U.S. Highway 183 to the place or point of beginning.

(c). Notwithstanding the District boundaries established by this Section 2 (b), the eligible voters in the four Cheyenne Districts shall be permitted to alter the boundaries of each of the four Cheyenne Districts to achieve an equitable distribution of Cheyenne voters among the four Cheyenne Districts. A proposal to alter the District boundaries of the Cheyenne Districts shall be initiated by petition signed by at least thirty percent of the eligible voters of the Cheyenne Districts. Upon request, the Election Commission shall prepare and issue a petition form to a Petitioner along with the names and addresses of the eligible Cheyenne voters of the Tribe listed by the Cheyenne Districts including the minimum number of signatures required for a valid petition under this Section.
Members of the Tribe shall have one-hundred twenty days to collect the requisite number of signatures on the petition. A completed petition shall be submitted to the Election Commission. The Election Commission shall have thirty calendar days to rule on the validity of the signatures on the petition, and if valid, the Election Commission shall submit the proposed new boundaries of the Cheyenne Districts to a vote in a Special Election of the eligible voters of the Cheyenne Districts which shall be held within forty-five days. The majority of votes cast by the eligible voters of the Cheyenne Districts shall determine the success or failure of the proposed new boundaries of the Cheyenne Districts, and if successful, the decision shall be binding until altered by the eligible voters of the Cheyenne Districts in a subsequent Special Election.

(d). Notwithstanding the District boundaries established by this Section 2 (b), the eligible voters in the four Arapaho Districts shall be permitted to alter the boundaries of each of the four Arapaho Districts to achieve an equitable distribution of Arapaho voters among the four Arapaho Districts. A proposal to alter the District boundaries of the Arapaho Districts shall be initiated by petition signed by at least thirty percent of the eligible voters of the Arapaho Districts. Upon request, the Election Commission shall prepare and issue a petition form to a Petitioner along with the names and addresses of the eligible Arapaho voters of the Tribe listed by the Arapaho Districts including the minimum number of signatures required for a valid petition under this Section. Members of the Tribe shall have one-hundred twenty days to collect the requisite number of signatures on the petition. A completed petition shall be submitted to the Election Commission. The Election Commission shall have thirty calendar days to rule on the validity of the signatures on the petition, and if valid, the Election Commission shall submit the proposed new boundaries of the Arapaho Districts to a vote in a Special Election of the eligible voters of the Arapaho Districts which shall be held within forty-five days. The majority of votes cast by the eligible voters of the Arapaho Districts shall determine the success or failure of the proposed new boundaries of the Arapaho Districts, and if successful, the decision shall be binding until altered by the eligible voters of the Arapaho Districts in a subsequent Special Election.

Section 3. Terms. District Legislators shall serve four year staggered terms of office. A Legislator shall be eligible to serve three consecutive terms under this Constitution. Upon the completion of the third consecutive term, the Legislator shall not be eligible to serve on the Legislature until a period of two years has elapsed. A partial term shall be considered a term.

Section 4. Qualifications.

(a). Each District Legislator shall be an enrolled Member of the Tribes, age 25 or older, and shall possess a High School degree or its equivalent.

(b). No person convicted of a felony within the last ten years shall serve as a District Legislator unless pardoned.

(c). At time of filing a nomination petition, a candidate for District Legislator shall physically reside in such District. Each District Legislator shall reside in the District from which they are elected for the duration of their term. Each District Legislator shall be a registered voter in the District from which they are elected.

(d). A candidate for the Office of District Legislator cannot owe any money or owe any debts to the Tribes.

(e). No Legislator shall be otherwise employed in any governmental capacity.

Section 5. Powers.

(a). Legislative power shall be vested in the Legislature. The Legislature shall have the power to make laws and resolutions in accordance with the Constitution which are necessary and proper for the good of the Tribes. All actions by the Legislature shall be embodied in a written law or resolution. All actions by the Legislature shall be made by a majority vote of the Legislators present unless otherwise specifically indicated by this Constitution. Tie votes in the Legislature shall be decided by the Governor. Laws and resolutions which have been enacted shall remain valid until amended or repealed.

(b). The Legislature shall have the power to override an Executive veto by a vote of at least six Legislators.

(c). The Legislature shall have the power to set its own procedures consistent with this Constitution. During an official session of the Legislature, a quorum shall not be required to pass bills pursuant to the Legislative Process. The Legislature shall have the power to employ Legislative staff and establish Legislative Committees comprised exclusively of Legislators.

(d). The Legislature shall enact an annual budget by law which shall include an appropriation of operating funds for the Tribal Council, the Executive Branch, and the Judicial Branch. The annual budget shall include all revenue and funds controlled by the Tribes including gaming revenue, and all revenue and funds received by the Tribes from any and all sources. The Legislature shall conduct one semi-annual budget assessment and shall have the authority to make appropriate modifications by law. The Tribes shall operate on a fiscal year of January 1st to December 31st. The Legislature shall have the power to raise revenue and appropriate funds for expenditure. Every funding item in the annual budget must have been previously authorized by law. No monies shall be drawn from the Treasury except by signature of the Governor and except upon authorization and appropriation by law.

(e). The Legislature shall have the authority to authorize and appropriate per capita payments to Members of the Tribes by law.

(f). Legislators shall file a detailed written travel report including expenses with the Office of Records Management for all official travel funded in whole or in part by the Tribes within thirty days of return from travel.

(g). The Legislature shall have the power to create Regulatory Commissions by law.  Any Commission created by the Legislature shall be located in the Executive Branch of government. No Member of the Legislature may also be a member of any Commission created by the Legislature. All Commissions shall be subject to the laws of the Tribes. Any Commission created by the Legislature shall have the authority to promulgate written regulations permitted by law and in accordance with legislative due process. Members of all Commissions shall be selected by nomination by the Governor, subject to confirmation by the Legislature.

(h). The Legislature shall have the power to create Executive Boards by law. Any Board created by the Legislature shall be located in the Executive Branch of government, shall be subject to the powers of the Executive Branch, and shall carry out and execute the duties called for in the laws. All Boards shall be subject to the laws of the Tribes. No Member of the Legislature may also be a member of any Board created by the Legislature. Members of all Boards shall be selected by election as required by law, or by nomination by the Governor, subject to confirmation of the Legislature.

Section 6. Sessions.

(a). The Legislature shall convene in Concho for twelve Regular Sessions of up to two consecutive days beginning on the second Saturday of each month beginning at 9:00 am. Legislative Committees may convene at any time.

(b). The Governor may call Special Sessions of the Legislature. All Special Sessions of the Legislature shall be held within a voting District. The purposes of the Special Session shall be stated in a notice published not less than five days prior to the Special Session, and the Legislature shall not consider any other subject not within such purposes.

(c). A Special Session of the Legislature shall be held annually in March. The purpose of the Special Session shall be to meet and counsel with all Chiefs and Headsmen regarding the needs and welfare of the Tribes and its Members. Each Chief and Headsmen shall receive an invitation to the Special Session.

Section 7. Legislative Process.

(a). The Legislature shall adopt and follow a public legislative process for enacting all laws and resolutions which shall include the following:

(i). All legislative proposals shall be formally introduced as written Bills. All Bills shall include a statement identifying the specific law, if any, to be superceded, repealed, or amended.

(ii). All Bills shall be read into the Legislative Record. All Bills shall be published in a Legislative Calendar for at least thirty days prior to action on the Bill. All Bills shall be made the subject of a public legislative hearing prior to action on the Bill.

(iii). All decisions of the Legislature shall be made by a majority vote of the Legislators present unless otherwise specified in this Constitution. The Legislature shall vote on each individual Bill separately by roll call vote. The names and votes of each Legislator shall be recorded and published. Proxy voting shall be prohibited.

(iv). All Bills passed by the Legislature shall be presented to the Governor for signature or veto. All laws shall take effect thirty days after signature by the Governor or veto override by the Legislature unless any Member of the Tribes submits to the Coordinator of the Office of Tribal Council a petition signed by at least one hundred fifty Members of the Tribal Council seeking to repeal the law or resolution at the next Tribal Council meeting. If the Tribal Council fails to repeal such law or resolution at the next Tribal Council where the matter has been properly placed on the agenda for the Tribal Council meeting, such law or resolution shall become effective immediately.

(v). The Office of Records Management shall compile all laws and Resolutions into a comprehensive Code in an orderly manner that shall be published annually.

(vi). Any action by the Legislature which does not follow the Legislative Process shall be deemed void and shall not be implemented or enforced by the government, Governor, or any official or employee.