Ho-Chunk Nation Legislature

Tribal code

Ask Donna

What actually matters in this document.

Text

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 1 of 41

HO-CHUNK NATION CODE (HCC)

TITLE 2 – GOVERNMENT CODE

SECTION 11 – LEGISLATIVE ORGANIZATION ACT OF 2011

ENACTED BY LEGISLATURE: FEBRUARY 13, 2001

LAST AMENDED AND RESTATED: August 19, 2025

CITE AS: 2 HCC § 11

This Act supersedes the Ho-Chunk Nation’s Bill Process rules enacted February 8, 1995

by Ho-Chunk Nation Legislative Resolution 02/08/95A.

TABLE OF CONTENTS

Chapter I - General

1. Authority.................................................................. 3

2. Purpose ................................................................... 4

3. Scope ...................................................................... 4

4. Definitions .............................................................. 4

Chapter II - Legislative Procedures

5. Appointment of the Vice President......................... 8

6. Duties of the Vice President ................................... 8

7. Appointment and Duties of the Tribal

Secretary ................................................................. 9

8. Duties of the Members of the Legislature .............. 9

9. Governing Authorities of the Legislature ............. 10

10. Procedures of Legislative Meeting……………...13

Chapter III - Standing Legislative Commissions

11. Establishment and Composition of a Standing Legislative

Commission .......................................................... 16

12. Quorum .................................................................. 17

13. Selection of Presiding and Second

Presiding Officer................................................... 18

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 2 of 41

14. Absence of Presiding Officer,

Second Presiding Officer, or Member .................. 18

15. Jurisdiction ........................................................... 18

16. General Oversight Responsibilities ...................... 19

17. Election and Membership of Legislators onto Standing

Commission.......................................................... 20

18. Duties of Standing Commission Presiding

Officer .................................................................. 20

19. Rules of Procedure for Standing

Commissions ........................................................ 21

20. Hearings and Investigative/Review Hearings of

the Legislature & Standing Commissions ............ 22

21. Quorum for Taking Testimony ............................ 22

22. Investigative Hearing Procedures ......................... 23

23. Subpoena Power ................................................... 24

24. Presentation of Outside Vendor Proposals ........... 25

25. Adoption of Standing Commission Recommendations by

the Full Legislature............................................... 26

26. Legislative Recognition Citations ........................ 26

Chapter IV – Governance and Representation as Owner of

Federally Chartered Corporations

27. General ................................................................. 26

28. Notice ................................................................... 26

29. Legislative Capacities........................................... 27

30. Designation to Act on Legislature’s Behalf ......... 27

31. Earnings ................................................................ 27

32. Merger, Consolidation or Sale of Assets .............. 27

33. Suspension of Business of Corporation................ 27

34. Dissolution of Corporation ................................... 27

35. Legislative Liaison ............................................... 28

36. Sale of Real Property and Other Assets ............... 28

37. Removal of a Director .......................................... 28

38. Board Vacancies ................................................... 28

39. Meetings ............................................................... 28

40. Powers, Authority and Duties of Vice President 29

Chapter V - Legislation Process

41. General ................................................................. 30

42. Resolutions ……………………………………...30

43. Ho-Chunk Nation Code ........................................ 31

44. Quick Passage Procedures .................................... 31

45. Legislation Process ............................................... 32

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 3 of 41

46. Technical Violations............................................. 34

47. Publishing a Law .................................................. 34

48. Records Retention ……………………………… 34

49. Distribution Policy ............................................... 36

Chapter VI - Continuity of Government

50. Vacancies in the Legislature ................................ 36

51. Scope .................................................................... 37

52. Authority .............................................................. 37

Chapter VII – Sovereign Immunity

53. Sovereign Immunity ............................................. 38

CHAPTER I

GENERAL

1. Authority.

a. Article IV, Section 2 of the Constitution authorizes the Legislative Branch to make laws

and appropriate funds in accordance with Article V.

b. Article V, Section 2(a) of the Constitution grants the Legislature the power to make laws,

including codes, ordinances, resolutions, and statutes.

c. Article V, Section 2(g) of the Constitution grants the Legislature the power to set its own

procedures, select its officers, and to enact laws governing attendance of its members, including

penalties for absences.

d. Article V, Section 2(x) of the Constitution grants the Legislature the power to enact other

laws, ordinances, resolutions, and statutes necessary to exercise its legislative powers delegated

by the General Council pursuant to Article III, including but not limited to the foregoing list of

powers.

e. Article V, Section 8 of the Constitution requires that the Legislature shall hold regular

monthly meetings.

f. Article V, Section 11 of the Constitution requires that a majority of the Legislature shall

constitute a quorum. A quorum shall be necessary to transact official business of the Legislature.

Each session of the Legislature shall require a quorum.

g. Article V, Section 12 of the Constitution requires that a majority vote of the quorum shall

be necessary to exercise the powers of the Legislature, except as otherwise provided by the

Constitution.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 4 of 41

h. Article V, Section 2(q) of the Constitution gives the Legislature the power to issue

charters of incorporation, to charter corporations and other organizations for economic or other

purposes, and to regulate their activities.

2. Purpose.

a. This Act is enacted to establish the lawmaking process, to govern certain corporations,

to observe its duties and obligations as representatives of the Owner of federally chartered

corporations, to regulate the Nation’s business entities, limited liabilities companies and

partnerships and to govern individual and collective actions of members of the Legislature.

b. This Act is designed to enable the Legislature to respond in a timely manner to items and

enable the Legislature when the need arises to quickly pass Legislation or address a matter brought

before the Legislature.

c. This Act provides for the continuity of the Nation’s government by the Legislature in the

event that Quorum for Legislative Meetings cannot be attained due to the loss or absence of

Legislators attributed to emergencies of a natural or manmade disaster.

3. Scope.

a. This Act is intended to supersede any and all other actions previously or subsequently taken

by the Legislature with respect to its lawmaking process. Provided, however, that in the case of

conflict between the provisions of this Act and any other Law and Policy of the Legislature, this

Act will control, unless this Act is specifically amended by the Legislature.

b. The Legislature will promulgate, as necessary, separate rules/policies and standard

operating procedures for staff operations within the Legislative Branch.

c. The Legislature shall decide what terms and conditions of employment the Legislative

Branch staff will be bound by as part of its rules/policies which refers to the Nation’s

Employment Relations Act.

4. Definitions. Throughout this Legislation the following words have the following

definitions:

a. “Attorney General” means the Attorney General of the Ho-Chunk Nation.

b. “Amendment” means a change to a Code, Act, Statute, Ordinance, Bylaw or Policy. An

Amendment will have the full force and effect of a duly enacted law.

c. “Board of Directors” means a person or a group of persons vested with management of the

affairs of the Corporation.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 5 of 41

d. “Bylaws” mean the code of rules adopted for the regulation or management of the affairs

of a Corporation.

e. “Cause” means conduct (including a failure to act) that is deemed unauthorized, illegal

or unethical, including but limited to conduct as defined in the Federally Chartered Corporations

Act, 5 HCC §12 (5)(c)(1-10).

f. “Charter” means a federal corporate charter issued by the Secretary of the Interior to the

Nation under 25 U.S.C. § 477.

g. “Confirmation Hearing” means that hearing conducted by the Legislature for the

purpose of considering Background Investigation results of an Interim Director in rendering a

confirmation. (See also the Confirmation Process of Executive Directors for the Ho-Chunk

Nation Act (2 HCC § 9)).

h. “Constitution” means the Constitution of the Ho-Chunk Nation.

i. “Control” means the power to vote twenty-five percent (25%) or more of the

outstanding voting stock or similar ownership interest of a Subsidiary.

j. “Corporation” or “Section 17 Corporation” means a corporation chartered under 25

U.S.C. § 477(F).

k. “District Meeting” means the regular and Special Meetings of the Legislative

Districts.

l. “Duly Called Meeting” means the official convening of a Quorum of Legislators for the

purpose of conducting public business.

m. “Executive Department” means those Departments contained within the Executive

Branch and include, but not limited to, those Departments pursuant to the requirements of the

Constitution, the Departments of Treasury, Business, Justice, Personnel, Administration, Health,

Social Services, Education, Labor, and Housing.

n. “Executive Session” means the portion of a Legislative Meeting where all persons will

be excluded from the meeting chamber, except the President or the President Pro Tempore if

he or she is presiding over the meeting, members of the Legislature, its officers, and any person

whose presence will be required by the Legislature. In accordance with Article V, Section 10

of the Ho-Chunk Nation Constitution, the Legislature reserves the authority to determine who

shall remain or leave during Executive Session.

o. “Internal Review Phase” means the first of three steps within the Normal Legislation

Process for Legislation to potentially become a law.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 6 of 41

p. “Legislator” means any duly elected and sworn individual elected to represent the HoChunk People pursuant to Article V, Section 1(b) of the Constitution of the Ho-Chunk Nation.

q. “Legislature” means members of the Legislature officially convened to exercise

Constitutional powers pursuant to the Constitution of the Ho-Chunk Nation.

r. “Legislation” means a proposal made by a Legislator to create new Laws or Amendments

to already existing Laws presented to the Legislature.

s. “Legislative Sponsor(s)” unless noted in the motion or Resolution, means the

Legislator who introduces a Resolution or motion to the Legislature for purposes of

enacting Legislation.

t. “Nation” or “Owner” means the Ho-Chunk Nation.

u. “Normal Legislation Process” means the typical process whereby Legislation becomes a

new Law or an Amendment to an existing Law. At a minimum the process to enact Legislation

as the Law of the Nation will include the Internal Review Phase, the Public Review Phase,

and Passage Phase. Legislation may be enacted as the Law of the Nation without going through

the Normal Legislation Process by the Quick Passage process.

v. “Off Site” means a gathering of individual Legislators assembled for the purpose of staff

coordination, internal Administrative review of issues, and planning for legislative initiatives.

These will usually be conducted away from the Nation’s Executive Offices to provide the

necessary environment devoid of office distractions and the regular public business of the

Legislators.

w. “President” means the President or President pro tempore of the Ho-Chunk Nation.

x. “Presiding Officer” means the Legislator(s) selected by the Legislature to be the First

or Second Presiding Officer to call Standing Legislative Commission meetings to order, chair

said meetings, and otherwise exercise all duties to conduct and carry out the functions of the

Standing Commission Presiding Officer set forth in this Act.

y. “Public” means the enrolled members of the Ho-Chunk Nation.

z. “Public Hearing” means a meeting held by the Legislature in accordance with the

Nation’s Open Meetings Act (2 HCC § 2) and this Act, to solicit comments from the Public on

Legislation or other action or concern.

aa. “Public Review Phase” means the second of three phases within the Normal

Legislation Process for a Proposal for Legislation to potentially become a Law.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 7 of 41

bb. “Quarterly Report” means minutes of the meeting of the Board of Directors and of any

Commission of the Board of Directors, the Corporation’s balance sheet, income statement and

cash flow statement for the period then ended prepared in accordance with generally accepted

accounting principles, a report of compensation and expense reimbursements or payment to

directors of the Corporation, prospective sale of any corporate property or assets, any other

information as the Owner may request regarding the Corporation, and any other information the

Board deems, in good faith, important to the Owner with or without Owner’s request.

cc. “Quick Passage” means a process to amend or enact a law of the Nation whereby the

Legislature determines that the steps required under the Normal Legislation Process would

unduly harm a person, multiple persons, or the Nation and the Legislature determines that

immediate action is needed to modify the Nation’s law.

dd. “Quorum” means the number of members of Legislature required to be present to

transact business legally. Unless specifically enumerated within this Act, the number of

Members to constitute a Quorum will be a majority of Members of the Legislature seated or

Legislators on that particular Standing Legislative Commission.

ee. “Regular Monthly Meeting” means any meeting of the Legislature, which is held on a

regular schedule as required by Article V, Section 8 of the Constitution.

ff. “Resolution” means a formal expression of opinion of the Legislature on matters of

temporary interest. Resolutions shall be effective, as described for the purposes therein, until

otherwise rescinded or superseded by the Legislature.

gg. “Shares” mean the interests in a corporation as such interests are vested in the Ho- Chunk

Nation as Owner of the Corporation.

hh. “Special Meeting” means any meeting of the Legislature which is not a regular

meeting, including but not limited to any meeting which must be called because of an

emergency. Pursuant to Article V, Section 8, the Legislature may hold Special Meetings as

necessary.

ii. “Standing Legislative Commission” or “Commission” means those Commissions created

by the Legislature pursuant to Chapter III herein to assist it in exercising its powers,

including Legislative oversight.

jj. “Subsidiary” means an Entity over which a Corporation has Control, regardless of the

jurisdiction of its business activities.

kk. “Supreme Court” means the Ho-Chunk Nation Supreme Court.

ll. “Trial Court” means the Ho-Chunk Nation Trial Court.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 8 of 41

mm. “Tribal Secretary” means a Legislator selected by the Legislature to serve in this

capacity throughout his or her term in office and with the duties outlined in Section 7 of this Act.

nn. “Vice President” means the Vice President or Vice President pro tempore of the HoChunk Nation who is selected by the Legislature from among its members pursuant to Article V

Section 1(c) of the Ho-Chunk Nation Constitution.

CHAPTER II

LEGISLATIVE PROCEDURES

5. Appointment of the Vice President. The Legislature shall select from among its

Members a Vice President to serve throughout such Member's term pursuant to Article V Section

1(c) of the Ho-Chunk Nation Constitution. Such selection will occur as early as possible after

the Vice Presidency becomes vacant for any reason.

6. Duties of the Vice President.

a. The Vice President shall preside over meetings of the Legislature in the absence of the

President, pursuant to Article V, Section 1(c) of the Constitution, and at such times the Vice

President will retain the power to vote.

b. The Vice President will carry out administrative duties as delineated within the

Legislative Branch’s Standard Operating Procedures. In this capacity, he or she will exercise

the following authorities with regard to Legislators, Gaming Commissioners, and the Legislative

Staff: approval authority (electronic or otherwise) for PTO, and Waksik Wosga leave and other

routine and standard personnel administrative functions. The Vice President may designate

another Legislator to maintain the administrative duties temporarily when the Vice President is

unavailable. Supervision of Legislative Staff will be as set forth by the Legislature within the

Legislature’s organizational chart and reporting structure, including administrative oversight

and supervision.

c. If the Legislature votes for the Vice President to take action and he or she believes that

performing the action may be or may be seen to be a violation of the Ho-Chunk Nation Code of

Ethics Act (2 HCC § 1), the Vice President may designate another Legislator to perform that

function. The Vice President may also authorize another Legislator to temporarily provide

administrative functions when the Vice President is away from the Branch for any reason.

d. Legislative Branch employee administrative reviews will be governed by the relevant

provisions of the Employment Relations Act (6 HCC § 5).

e. In the absence of the Vice President, the Tribal Secretary or either Presiding Officer of the

Legislative Finance Commission (in the absence of the Tribal Secretary), may call a meeting to

order, or chair a meeting when the President or Vice President is unavailable.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 9 of 41

7. Appointment and Duties of the Tribal Secretary.

a. The Legislature will select from among its members a Tribal Secretary to serve

throughout such Member's term. Such selection will occur as early as possible after the Tribal

Secretary position becomes vacant for any reason.

b. The Tribal Secretary shall be responsible for signing, in a timely manner, Legislative

Meeting Minutes, signing Resolutions, and other duties as may be assigned by the Legislature

through a Resolution. Signature by electronic means is acceptable when necessary.

c. When the Tribal Secretary is unavailable, the Presiding Officers of the Finance

Commission shall be responsible for signing Legislative Minutes, signing Resolution and other

duties assigned by the Legislature through a Resolution to the Tribal Secretary.

d. The Tribal Secretary shall have administrative duties in accordance with the Legislative

organizational chart.

8. Duties of the Members of the Legislature.

a. Constitution and Laws. Legislators will abide by the Ho-Chunk Nation Constitution and

all other Ho-Chunk Nation Laws.

b. District Meetings.

(1) Legislators shall hold and attend regularly scheduled meetings in their respective

Districts at least once a month except when the Legislator must meet on the business of the

Nation, or when on approved leave time. Failure to attend such District Meetings on a regular

basis may constitute grounds for removal or recall. Legislators may be excused in accordance

with SOPs.

(2) The purpose of District Meetings shall be to disseminate information from the

Legislature to the District’s tribal membership, hear concerns from the District’s tribal

membership

and

the

nomination/appointment

of

District

members

to

boards/committees/commissions.

(3) Legislators reserve the right to schedule, reschedule and/or cancel a District Meeting.

(4) The Legislature will not schedule a Special Meeting at the same time as a

regularly scheduled District Meeting.

(5) District Meetings shall not be reconvened.

(6) Legislature reserves the right to hold District Meetings in person and/or virtually.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 10 of 41

(7) When voting at District Meetings, tribal members must be a resident of the District

in which they seek to vote for one (1) month, in order to vote at such District Meeting.

(8) Tribal members shall only be allowed to vote at one District Meeting within their

respective District per month.

(9) Tribal members are allowed to attend District Meetings of a District that they are

not a resident of, but shall not be allowed to speak unless they are on the agenda.

(10) District Meetings shall have no bylaws and shall be governed by the Constitution

and this Section.

(11) In accordance with the Open Meetings Act (2 HCC § 2) Section 5.c.2., tribal

member(s) who are disruptive at a duly called District Meeting may be banned from attending

such meetings for a period of six (6) months.

c. Standing Legislative Commission Meetings. See paragraph 11.a for the Standing

Legislative Commission(s).

d. Boards and Other Governmental or Business Bodies. Legislators will not be

appointed by the Legislature to Ho-Chunk Nation governmental or business boards or

commissions outside of the Legislative Branch, with the exception of Limited Liability

Companies or other business entities, either as a member of the board/commission. This

restriction does not include appointed Legislators to non-Ho- Chunk boards and commissions or

the participation of a Legislator in a Ho-Chunk government task force(s) as an ex officio

member when appointed by the Legislature, or as otherwise specifically authorized by law.

9. Governing Authorities of the Legislature.

a. The proceedings of the Legislature will be conducted in accordance with requirements

specified in the following authorities:

(1) The Constitution of the Ho-Chunk Nation;

(2) The Legislative Organization Act (2 HCC § 11);

(3) Open Meetings Act (2 HCC § 2);

(4) Federally Chartered Corporations Act (5 HCC § 12);

(5) Other official Acts, Statutes and other Legislative enactments;

(6) Standard Operating Procedures of the Legislature;

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 11 of 41

(7) Written procedural regulation(s) adopted by Resolution by the Legislature from time

to time; and

(8) Procedures generally recognized by the members of the Legislature as in

accordance with Legislative practice since the enactment of the Constitution, as amended, and

affirmed by a majority of the Legislators voting at a Duly Called Meeting.

b. Legislative Meeting Location.

(1) The Legislature will designate the location of the next Legislative Meeting by

motion prior to adjournment. Ratification of that motion is not required.

(2) Only in the case of an emergency and where there is less than forty-eight (48) hours

notice, the Vice President or her/his designee in consultation with a majority of the Legislators

may change the specified location of a Legislative Meeting. Each Legislator and the Office of

the President will be notified electronically and by either telephone or in person and such notice

posted in accordance with the Nation’s Open Meetings Act (2 HCC § 2).

c. Legislative and Commission Agendas.

(1) Legislative Meetings.

(a) All requests for agenda items and accompanying materials submitted by the

General Council Branch (or its designee), Judicial Branch, Executive Branch (and its

Departments and Divisions) shall be submitted by 12:00 pm (noon) three (3) business days prior

to the meeting to the designated Legislative individual and in accordance with the Legislative

Standard Operating Procedures.

(b) Special Legislative Meetings. All requests for agenda items and accompanying

materials submitted by the General Council Branch (or its designee), Judicial Branch, Executive

Branch (and its Departments and Divisions) shall be submitted by the time the meeting is posted

to the designated Legislative individual and in accordance with the Legislative Standard

Operating Procedures.

(2) Commission Meetings.

(a) All requests for agenda items and accompanying materials submitted by the

General Council Branch (or its designee), Judicial Branch or Executive Branch (and its

Departments and Divisions) shall be submitted by 12:00 (noon) three (3) business days prior to

the meeting to the designated Legislative individual and in accordance with the Legislative

Standard Operating Procedures.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 12 of 41

(3) The Vice President and Commission Presiding Officers will ensure the following

confidential matters are placed in Executive Session on the agenda in accordance with Section

6 of the Open Meeting Act (2 HCC § 2): certain business matters; criminal matters;

intergovernmental relations; certain land issues; law enforcement; legal advice; personnel

matters; and public safety or well-being.

d. Privileged Communications. Privileged communications between Legislative

Counsel or Attorneys and the Legislature or individual Legislators will be protected and not

disclosed outside of the Legislative Office. Written privileged documents prepared by an

Attorney will be clearly marked as such. Non-disclosure of privileged communications applies

to Legislators and all Legislative staff releasing such documents to constituents and other

individuals outside of the Legislative personnel. Without prior approval of the Vice President,

in consultation with the Legislative Counsel/Attorney, any document labeled as confidential by

the Legislative Attorney or Counsel will not be disclosed in Open Meetings as part of the

Legislative agenda, or to anyone outside of the Legislative Office. Prohibited disclosure of

privileged communications may constitute a serious violation of the Nation’s Code of Ethics Act

(2 HCC § 1).

e. Board, Advisory Board, Commission, or Task Force.

(1) Vacancies on a board or Commission.

(a) Unless another law provides for a different method of posting a vacancy, all

vacancies on a board or Commission may be posted in the following manners:

1 The Legislative Section of the Nation’s Website;

2 The Ho-Chunk Nation Job Posting List, but the filling of the vacancy shall

not be subject to the requirements contained in Section 8 of the Employment Relations Act (6 HCC

§ 5); or

3 Through a different method, if the Legislature motions for a different

method to be used to post the vacancy.

(b) If the requirements of Section 9, subparagraph e. (1) (c) are satisfied, the

Legislature shall not have to post a vacancy pursuant to the requirements of Section 9,

subparagraph e. (1) (a) prior to filling the vacancy.

(c) District Legislators will consult with Tribal Members and recommend

Member appointments to the full Legislature for approval.

(d) Legislative staff shall provide notification of the appointment to:

1 The person approved for appointment on the board or Commission;

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 13 of 41

2 The Office of the President; and

3 The chairperson or head of the board or Commission, if there is a

chairperson or head of the board or Commission.

(2) A Board, Advisory Board, Commission, or Task Force shall provide the

Legislature with any information necessary for the Legislature to accomplish its oversight of

these various Public Bodies. For purposes of the preceding sentence public bodies shall mean

any official entity in which a quorum is required to conduct public business and which

performs a governmental function for the Nation.

(3) The Legislature shall maintain a record of all terms of all members of all public

bodies. For purposes of the preceding sentence public bodies shall mean any official entity in

which a quorum is required to conduct public business and which performs a governmental

function for the Nation.

f. Workgroups. The Legislature may establish and utilize Workgroups to informally address

a topic or issue in greater depth. Legislative Workgroups are not subject to the Open Meetings

Act as a quorum in not required at Workgroup meetings.

g. Off Site. The Legislature may hold an Off Site Meeting as required for internal Legislative

business, functions, and staff coordination. This is not a law-making meeting and therefore, no

official action can be taken and is not a Public meeting subject to the Nation’s Open Meetings Act

(2 HCC § 2). Off Site meetings may only be called by adopted motion of the Legislature, for

the initial meeting, but additional meetings on the same subject or of the same Commission do

not need ongoing authorization. If travel is required to attend an Off Site, approval shall be

required in the initial motion, including any per diem and mileage. Advance notice of Off Site

meetings shall be provided within the Legislative Office.

10. Procedures of Legislative Meetings.

a. Pursuant to Article V, Section 11 of the Constitution, each session of the Legislature will

require a Quorum. A Quorum will be necessary to transact official business of the Legislature:

(1) Quorum.

(a) Quorum will be either seven (7) of the twelve (12) Legislators and the

President (total of eight) or, in the absence of the President, seven (7) Legislators, to include the

Vice President (total of seven). Legislators must be present to constitute a quorum for

Regular or Special Meetings. Legislators are be allowed to utilize telephonic, computer, or

other secure technologic means to count toward a quorum. In the event that less than twelve

(12) Legislators are seated (elected and sworn in) a majority of seated Legislators are required

for Quorum. Members are allowed to make motions and vote when participating by phone or

telecommuting by other means. Legislators may be excused from Legislative meetings in

accordance with the Legislative Standard Operating Procedures.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 14 of 41

(b) Time frame for establishment of Quorum: Quorum must be established within

thirty (30) minutes of the initial Roll Call. In the event the individual presiding over the meeting

calls for Roll Call and there are not enough Legislators to establish Quorum, the Legislators who

are present will have the following options:

1 If the Legislators determine that Quorum will likely be established in thirty

(30) minutes, the present Legislators will wait an additional thirty (30) minutes:

(i) If enough Legislators are present to establish Quorum before the thirty

(30) minutes are up, the President/individual presiding over the meeting may immediately call

for the Roll Call.

(ii) If Quorum is not reached within thirty (30) minutes of Roll Call, the

Legislators present will reschedule the meeting for another day.

2 If the Legislators determine that Quorum will not likely be established in

thirty (30) minutes, the Legislators present will reschedule the meeting for another day.

b. Authority to Preside over Meetings of the Legislature.

(1) Pursuant to Article V, Section 1, subsection (c) of the Constitution, the

President will preside over meetings of the Legislature. The President may elect to not preside

over a portion of a meeting or the Legislature may direct the President’s absence, if his or her

presiding over the portion of the meeting could be seen to be a violation of the Ho-Chunk Nation

Code of Ethics Act (2 HCC § 1).

(2) The Vice President shall preside over meetings of the Legislature, pursuant to

Article V, Section 1(c) and Article VI, Section 2(h) of the Constitution, in the absence of the

President and at such times the Vice President will retain the power to vote.

(3) If the Vice President is unavailable for any reason to preside over a portion of a

meeting, the President is exempt from having his or her presiding over a portion of a meeting

being considered a violation of the Ho-Chunk Nation Code of Ethics Act (2 HCC § 1). If a vote

is taken on a subject matter, in the following circumstances the Legislature will vote on the

matter at the next Legislative session:

(a) The vote results in a tie vote; and

(b) The President believes that his or her voting in order to break the tie would be

seen as a violation of the Ho-Chunk Nation Code of Ethics Act (2 HCC § 1).

(4) Inability of Vice President to Preside over a Meeting:

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 15 of 41

(a) The Vice President may elect to not preside over a portion of a meeting in the

following circumstances:

1 The President is unavailable for any reason to preside over the meeting; and

2 The Vice President’s presiding over that portion of the meeting may appear

or would result in an ethical violation of the Ho-Chunk Nation Code of Ethics Act (2 HCC § 1).

(b) If the Vice President elects to not preside over a portion of the meeting, the

subject matter of that portion of the meeting will be addressed at the next Legislative session.

(c) If the Vice President is unable to preside over a portion of the meeting, and

the President must excuse himself or herself from the meeting, the Vice President may

designate the Tribal Secretary or either of the Presiding Officers of the Legislative Finance

Commission to preside over the meeting.

c. Pursuant to Article V, Sections 9 and 10 of the Constitution and the Open Meetings Act,

all meetings of the Legislature will be open to all members of the Nation, except when in

Executive Session.

d. Executive Session.

(1) The Legislature may at any time, upon a duly recorded vote, go in and out of Executive

Session in accordance with Article V, Section 9 of the Ho-Chunk Constitution.

(a) During the Executive Session portion of the meeting, all persons will be

excluded from the meeting chamber, except members of the Legislature, its officers and any

person whose presence is required by the Legislature.

(b) If a matter personally impacts a member of the Legislature or one of its officers:

1 The Legislator may voluntarily leave the room; or

2 The Legislature may vote to have that member not participate in that

portion of the Executive Session.

(2) Except for as provided for in Section 4 9 c and except for purposes directly

connected with work related to the Ho-Chunk Nation, no person may publish, use, permit, cause

to be published, disclose or use any information learned while in attendance of the Executive

Session of the Legislative Meeting.

(3) The recording secretary or any other official of the Nation taking notes during the

Executive Session portion of the meeting will be required to sign a Confidentiality Oath, along

with Members of the Legislature or any other persons in attendance:

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 16 of 41

(a) This Confidentiality Oath will be drafted by the Nation’s Legislative

Counsel/Attorney.

(b) The Confidentiality Oath will contractually require that the

employee/Legislator not use or disclose trade secrets, written lists of names, or other similar

confidential matters learned while the Legislature is in Executive Session, to third persons, other

governments, corporations, or third parties. The Confidentiality Oath will also include that the

employee maintain such confidentiality after their employment ends with the Nation.

(c) The Confidentiality Oath will not restrict the employee and Members of the

Legislature from using information that was obtained through general skill, knowledge and

experience.

e. Ratification of Legislative Action:

(1) Action taken by the Legislature by Resolution is immediately effective and does

not require subsequent ratification of the meeting Minutes.

(2) Action taken by the Legislature during Executive Session at a meeting is ratified

by motion upon return to open session.

(3) Action taken by the Legislature by Motion at a meeting is only effective upon

subsequent ratification of the meeting Minutes unless:

(a) A specific exception is made within this law or another law; or

(b) The Legislator making the Motion calls for emergency action to be taken on

the Motion and two-thirds of Legislators who vote support the Motion. For purposes of the

preceding sentence “emergency action” is defined as a situation that demands unusual or

immediate action and that justifies the Legislature circumventing the usual ratification

procedures.

f. District Meeting Minutes and Constituent Requests. Motions made at a District Meeting

or requests by constituents will be forwarded to the Legislature for consideration.

CHAPTER III

STANDING LEGISLATIVE COMMISIONS

11. Establishment and Composition of Standing Legislative Commissions.

a. Standing Legislative Commissions. The Legislature is empowered to create a Standing

Legislative Commission, or Commissions, as the case may be, and delegate Legislative powers to

any such Commission. There shall be a Legislative Finance Commission, Legislative

Development Commission, Legislative Government Administration Commission, Legislative

Housing Commission, Legislative Health, Insurance, Education, and Social Services Commission

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 17 of 41

and any other Commissions that the Legislature may establish from time to time. Any Standing

Legislative Commission so established will have the jurisdiction and related functions assigned to

it by this section and applicable law. If this section or applicable law does not determine the

jurisdiction of a matter, the Vice President or Legislature shall determine the appropriate Standing

Legislative Commission to refer the matter.

b. Composition.

(1) The Legislative Finance Commission will consist of all Legislators as voting members

and the Ho-Chunk Nation Treasurer as a non-voting member. The Presiding Officer and Second

Presiding Officer may make motions.

(2) The Legislative Development Commission, Legislative Government Administration

Commission, Legislative Housing Commission, and Legislative Health, Insurance, Education,

and Social Services Commission will consist of a Presiding Officer, a Second Presiding Officer,

and one (1) member from each Legislative District. The Presiding Officer and Second Presiding

Officer may make motions, but may not vote, except the Presiding Officer (or Second Presiding

Officer in the absence of the Presiding Officer) may vote in the event of a tie vote of the Members.

12. Quorum.

a. Required number of Members:

(1) For the Finance Commission, only voting members count toward quorum. A

majority of Commission voting members are required to be present to constitute a quorum (7

of 12 members). In the event that less than twelve (12) Legislators are seated (elected and

sworn in) a majority of seated Legislators are required for Quorum.

(2) For the Development Commission, Government Administration Commission,

Housing Commission, and Health, Insurance, Education, Social Services Commission a

majority of Commission members are required to be present to constitute a Quorum.

(3) Legislators must be present to constitute a quorum for Commission Meetings.

Legislators are allowed to utilize telephonic, computer, or other secure technologic means to count

toward a quorum. Legislative Commission members are allowed to make motions and vote when

participating by phone or telecommuting by other means.

(4) Legislators may be excused from Commission meetings in accordance with the

Legislative Standard Operating Procedures.

b. Time frame for establishment of Quorum:

(1) Quorum must be established within thirty (30) minutes of the initial Roll Call. In the

event the Presiding Officer calls for Roll Call and there are not enough Legislators to establish

Quorum, the Legislators who are present will have the following options:

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 18 of 41

(a) If the Legislators determine that Quorum will likely be established in thirty (30)

minutes, the present Legislators will wait an additional thirty (30) minutes:

1 If enough Legislators are present to establish Quorum before the thirty (30)

minutes are up, the Presiding Officer may immediately call for the Roll Call.

2 If Quorum is not reached within thirty (30) minutes of Roll Call, the

Legislators present will reschedule the meeting for another day.

(b)If the Legislators determine that Quorum will not likely be established in thirty (30)

minutes, the Legislators present will reschedule the meeting for another day.

13. Selection of Presiding and Second Presiding Officer. The Legislature will select a

Presiding Officer and a Second Presiding Officer for each Standing Legislative Commission:

a. Selection Period. A Legislator will be selected to serve in this capacity beginning after

all members are sworn in after a General Election.

b. Vacancy. In the case of a vacancy in the seat of the Legislator serving as Presiding Officer

or Second Presiding Officer, the Legislature shall elect another Presiding Officer or Second

Presiding Officer.

c. Length of Service. Presiding Officers and Second Presiding Officers shall serve in this

capacity:

(1) Beginning on August 1, 2008 for a term of two (2) years or until such time as a new

member has been selected to serve as Presiding Officer or Second Presiding Officer; or

(2) Until there is a unanimous vote of the remaining Commission Members to

remove the Presiding Officer or Second Presiding Officer.

d. Eligibility Requirement. Any Legislator is eligible to be selected as a Presiding Officer

or Second Presiding Officer.

14. Absence of Presiding Officer, Second Presiding Officer, or Member.

a. Absence of Presiding or Second Presiding Officer.

(1) In the absence of the Presiding Officer, the Second Presiding Officer of the

Commission will act as the Presiding Officer.

(a) In the absence of the Presiding Officer and Second Presiding Officer of the

Finance Commission, another Legislator who represents a District with multiple Legislators may

serve in the role of the Presiding Officer.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 19 of 41

(b) In the absence of the Presiding Officer and Second Presiding Officer of the

Development, Government Administration, Housing, or Health, Insurance, Education and

Social Services Commission, a member of the Legislature not serving on the Commission may

serve in the role of Presiding Officer.

(2) In the case of a vacancy in the seat of the Legislator serving as Presiding Officer or

Second Presiding Officer, the Legislature shall elect another Presiding Officer or Second

Presiding Officer.

b. Absence of a Member on Development, Government Administration, Housing, or

Health, Insurance, Education and Social Services Commission.

(1) In the absence of a member of the Development, Government Administration,

Housing, or Health, Insurance, Education and Social Services Commission, a Legislator who

is not serving on the particular Commission from which the Legislator is absent may serve as

a substitute in the place of the member who is temporarily absent.

(2) In the case of a permanent absence of a member of the Development,

Administration, Housing, or Health, Insurance, Education and Social Services Commission, that

member Legislator shall be replaced by another Legislator on a temporary basis. The selection

of the temporary member Legislator shall be done according to the following rules:

(a) The temporary member shall be from the same District as the previously

selected member who is unable to serve.

(b) If a Special Election results in the filling of a vacant Legislative seat, the

temporary member will no longer serve on the Commission and the individual elected as a result

of the Special Election shall immediately serve on the Commission, until such time as the

Legislature, in its discretion, appoints a different member to the Commission.

(c) If the member Legislator who was unable to serve becomes able to serve on

the Commission, that member will immediately serve on the Commission and the temporary

member will no longer serve on the Commission.

15. Jurisdiction.

a. Jurisdiction for the Standing Legislative Commission(s) shall be as listed below:

(1) Finance Commission:

(a) Department of Treasury

(b) Trust and Investment Commission

(c) Department of Business

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 20 of 41

(2) Development Commission:

(a) Department of Administration

(b) Department of Agriculture

(c) Department of Labor

(d) Ho-Chunk Transportation Authority

(3) Government Administration:

(a) Department of Heritage Preservation

(b) Department of Justice

(c) Department of Natural Resources

(d) Department of Personnel (excluding the Division of Insurance)

(e) Judiciary Branch

(f) Office of General Council

(4) Health, Insurance, Education, and Social Services:

(a) Department of Health

(b) Division of Insurance

(c) Department of Education

(d) Department of Social Services

(5) Housing:

(a) Department of Housing

(b) Ho-Chunk Housing and Community Development Agency

b. The Vice President shall determine all controversies arising as to the jurisdiction of any

Standing Legislative Commission. A majority vote of the Legislature may overrule the Vice

President’s decision.

c. Nothing in this section will prohibit one or more Commission from possessing joint

jurisdiction as directed by the Vice President or a majority vote of the Legislature.

16. General Oversight Responsibilities. The Legislature hereby delegates concurrent

authority to Standing Legislative Commissions to perform the following government functions:

a. Assist the Legislature in its analysis, appraisal, and evaluation of the application,

administration, and execution of the Laws enacted by the Legislature.

b. Assist the Legislature in its formulation, consideration, amendment, enactment or repeal

of such Laws (to include establishment acts), and of such additional Legislation, as may be

necessary or appropriate.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 21 of 41

c. Review and study, on a continuing basis:

(1) The application, administration, execution, and effectiveness of those Laws, or parts

of Laws, within the jurisdiction of that Commission.

(2) The organization and operation of the Executive Departments and entities that

administer and execute the laws within the jurisdiction of the Commission.

(3) The conditions or circumstances, which may indicate the need to enact new or

additional Legislation for a subject matter within the jurisdiction of the Commission.

d. Determine whether the Laws and the programs under its jurisdiction are being

implemented and carried out in accordance with the intent of the Legislature, as expressed within

the law, enactment or appropriation, and whether such programs should be continued, curtailed,

or eliminated.

e. Assist the Legislature in the setting of goals, objectives and priorities for the

Commission and the Legislature, as the duties of each are carried out under the laws of the

Nation.

f. Receive updates and information from other Branches of the government and

programs regarding their activities, in order to determine if any assistance is needed from the

Legislature or the Standing Commissions, or to determine if the law, enactment or

appropriation is adequate for its intended purpose.

(1) The Legislature and Legislative Commissions shall have the authority to establish,

through legislative action or guidelines, the type of report, written or oral, and the

content of those updates/reports.

(2) The Legislature and Legislative Commissions are authorized to request quarterly

written/verbal updates by other Branches of the government and programs and

receive such updates directly from the appropriate staff, while reserving the

authority to request more frequent written/verbal updates as necessary for the

Legislature to fulfill its duties.

g.

Assist the Legislature with its power to review actions of other Branches of the

government that are carried out pursuant to a delegation by the Legislature.

17. Election and Membership of Legislators onto Standing Commissions.

a. Membership in the Standing Commissions specified in paragraph 11 will be selected by

the Legislature within ten (10) calendar days after all members of the Legislature have been

sworn into office during an election year.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 22 of 41

b. Membership in the Standing Commissions specified in paragraph 11 will be selected by

the Legislature in the event it is deemed necessary as a result of redistricting.

18. Duties of Standing Commission Presiding Officer.

a. Each Legislative Commission Presiding Officer will call Commission Meetings in

accordance with Section 19c and 19d of this Act and will preside over meetings of the

Commission.

b. The Presiding Officer is authorized to set the agenda for the Commission in question, and

may set procedures and processes for the Commission that are consistent with this Act.

c. The Presiding Officer will exercise those duties relating to investigative powers of

Commissions as specified in Section 22 of this Act; those duties relating to subpoena power of

Commissions in Section 23 of this Act; and other duties and responsibilities informally used

by Presiding Officers before passage of this Act, which are not inconsistent with this Act.

d. The Presiding Officer is authorized to set rules for submission of information or

materials to the Commission, consistent with this Act.

e. The Commission Presiding Officer will supervise the execution of all action taken in the

Commission.

19. Rules of Procedure for Standing Commissions.

a. Each Commission will conduct its proceedings in accordance with such rules as it will

determine consistent with the requirements of the Constitution and Laws of the Ho-Chunk

Nation, including this Act. In the absence of any specifically adopted Commission rule on any

matter, the Legislative rules then in use pursuant to Section 10 will apply.

b. Each Commission is authorized to conduct such investigations and studies as it may

determine necessary or appropriate in the exercise of its responsibilities under Section16 and

to incur expenses (including travel expenses) in connection therewith, in accordance with such

budgets and policies as the full Legislature may determine from time to time.

c. Regular Meeting Days.

(1) Each Standing Commission of the Legislature will adopt regular meeting days. Such

meetings of the Standing Commission will be approved by the Legislature and will be open to

Tribal Members in accordance with the Nation’s Open Meetings Act (2 HCC § 2).

(2) Each Standing Commission will meet at least every thirty (30) calendar days, or at

such other times as Commissions determine, to conduct oversight responsibilities. The

Presiding Officers have the authority to schedule, cancel or reschedule Commission meetings.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 23 of 41

d. Additional and Special Meetings. The Presiding Officer of each Standing Commission

may call and convene, as he or she considers necessary, additional meetings of the Commission

for the consideration of any Legislation or Resolution pending before the Commission or for

the conduct of other Commission business. The Commission will meet for such purpose

pursuant to that call of the Presiding Officer.

e. Commission Records.

(1) Each Commission will keep a complete record of all Commission action, which

will include a record of all votes on each Commission action. Such record will be embodied in

the Commission Meeting Minutes.

(2) All Commission hearings, minutes, records, data, charts, and files will be kept

separate and distinct from the Legislative Office records of the member serving as Presiding

Officer of the Commission. Such records will be the property of the Legislature and all

members will have access to such records. A copy of such records will also be provided to

the Nation’s Records Department or equivalent archival office or entity.

(3) Commission recommendations to the Legislature may be embodied in

Commission Meeting Minutes.

(4) Executive Session.

(a) When a Commission elects to go into Executive Session, the minutes of that

portion of the meeting shall be confidential.

(b) The Recording Secretary shall only distribute the Executive Session meeting

minutes at the next Commission Meeting.

(c) A Commission may take official action when it is in Executive Session.

(d) The Executive Session portion of the minutes shall only become available to

members of the Nation as provided for in Section 49c, but prior to going into Executive Session

the Recording Secretary shall provide within the Commission Meeting Minutes a reason for

the Commission to go into Executive Session.

20. Hearings and Investigative Hearings of the Legislature and Standing Commissions.

a. The Legislature and its Standing Legislative Commissions are empowered to conduct

hearings on matters of importance to the Nation for the purpose of obtaining information

and rendering recommendations or decisions.

b. Confirmation Hearings will be conducted pursuant to the Confirmation Process of

Executive Directors for the Ho-Chunk Nation Act (2 HCC § 9) and will follow Legislative

procedures.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 24 of 41

c. For the purpose of carrying out any of its functions and duties under Section 16, any

Standing Legislative Commission is authorized to conduct Investigative Hearings in accordance

with this section and Sections 21 and 22.

d. All hearings of the Legislature and Standing Legislative Commissions will be open to

the Tribal Members, and to non-members upon invitation of the Legislature or Standing

Legislative Commission, except in certain instances as specified in the Nation’s Open Meetings

Act (2 HCC § 2).

e. The Legislature and Standing Legislative Commissions shall have the authority to go into

executive session during a hearing.

21. Quorum for Taking Testimony. The Legislature and each Standing Legislative

Commission must have a Quorum for taking testimony and receiving evidence when conducting

a hearing upon any measure or matter.

22. Investigative Hearing Procedures.

a. The individual chairing Legislative Session or Standing Legislative Commission Presiding

Officer, at an investigative hearing, will announce in an opening statement the subject of the

investigation.

b. A copy of this section will be made available to each witness.

c. Witnesses requested to appear at an investigative hearing will receive notice of the

request to appear before the Legislature or Commission at least four (4) days in advance of the

hearing. A witness may be accompanied by their own counsel at their own expense for the

purpose of advising them concerning their Constitutional rights.

d. The individual chairing Legislative Session or the Standing Legislative Commission

P residing Officer may punish breaches of order and decorum, and of professional ethics on

the part of counsel, by censure and exclusion from the hearings.

e. Degrading Evidence. If by a majority of those present (there being in attendance the

requisite number required to be present for the purpose of taking testimony), the Legislature or

Commission determines that evidence or testimony may tend to defame, degrade, or

incriminate any individual, the following will apply:

(1) Such testimony or evidence will be presented in Executive Session.

(2) The Legislature or Commission will proceed to receive such testimony in open

session only if a majority of the members of the Legislature or Commission, a majority being

present, determine that such evidence or testimony will not tend to defame, degrade, or

incriminate any person.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 25 of 41

(3) In either case the Legislature or Commission will afford such person an opportunity

to voluntarily appear as a witness, and receive and dispose of requests from such person to

subpoena additional witnesses.

f. Except as provided in Section 23, the individual presiding over Legislative Session or

Standing Legislative Commission Presiding Officer will receive and the Legislature or

Commission will dispose of requests to subpoena additional witnesses.

g. No evidence or testimony taken in Executive Session may be released or used in Public

sessions without the consent of the Legislature or Commission.

h. It is within the discretion of the Legislature or Commission, that witnesses may submit

brief and pertinent sworn statements in writing for inclusion in the record. The Legislature or

Commission is the sole judge of the relevance of testimony and evidence received at its hearing.

i. A witness may obtain any record of his or her testimony given and recorded at a Public

Hearing.

j. Witnesses may testify and participate without fear of reprisal and may seek

Whistleblower protection through the Nation’s laws and procedures in place at the time.

23. Subpoena Power.

a. For the purpose of carrying out any of its functions and duties, the Legislature and

any Standing Legislative Commission is authorized to:

(1) Hold such hearings at times and places in the manner allowed under this Act.

(2) Require, by a formal written request or a subpoena, the attendance and

testimony of such witnesses and the production of such books, records, correspondence,

memoranda, papers, and documents, as it deems necessary.

b. Legislative and Standing Commission use of subpoena power will be limited and used as

a last resort if other means of obtaining information is unsuccessful.

c. A subpoena under Section 23 a and b, above, may be only authorized by a majority vote

of the Legislature or Commission. The power to authorize subpoenas under Section 23 a and b,

above, may be delegated to the Vice-President of the Legislature or Presiding Officer of the

Standing Legislative Commission pursuant to such rules and under such limitations as the

Legislature or Standing Legislative Commission may prescribe. Authorized subpoenas will be

signed by the Vice-President of the Legislature or Presiding Officer of the Standing Legislative

Commission, or by any member designated by the Commission.

d. Upon application by the Vice-President or Presiding Officer, the Ho-Chunk Nation Trial

Court will have jurisdiction to issue to any person an order requiring the attendance and

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 26 of 41

testimony of such person or witnesses and the production of books, records, correspondence,

memoranda, papers, and documents as it deems necessary.

(1) Any order issued in accordance with this paragraph will be issued within forty- eight

(48) hours after application by the Vice-President or Presiding Officer.

(2) The affected party may plead to the Trial Court to hear the party’s right to contest

the subpoena because of executive privilege or other privileges or immunities.

e. Compliance with any order issued by the Trial Court will be enforced by the Court upon

petition by the Vice-President of the Legislature or Presiding Officer of the Standing Legislative

Commission requesting the presence of a certain person(s).

f. Any failure to obey any order issued by the Trial Court under this section may be

punished by said Court as contempt thereof and civil penalties will apply.

24. Presentation of Outside Business Proposals.

a. Except for situations covered under Section 24 b., all proposals brought before the

Legislature for the Nation to work with an outside vendor shall be referred to the appropriate

Standing Legislative Commission or to the Legislature when acting as Owner of a federally

chartered corporation wholly owned by the Nation.

b. A proposal does not need to be referred to a Standing Legislative Commission under the

following situations:

(1) The Vice President or full Legislature determines that the delay in sending the

proposal to a Standing Legislative Commission would adversely impact the interest of the

Nation;

(2) The outside vendor is a Native American owned business;

(3) The outside vendor has had a continuing relationship with the Nation and the

proposal represents a continuation of the outside vendor’s previous work; or

(4) The aggregate dollar amount of the proposal is less than $25,000.

c. The Legislature shall select which Standing Legislative Commission shall hear the

proposal.

d. Background investigation.

(1) If the dollar amount of the proposal is $25,000 or higher, a thorough

background investigation of the outside vendor shall be conducted.

(2) The Compliance Division, Department of Justice or a third party selected by the

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 27 of 41

Legislature shall assist in the background investigation.

e. The Legislature may pass a Resolution to develop an Outside Vendor Proposal Review

Commission to review all proposals from outside vendors that are to be presented to the

Legislature for approval if the dollar amount of the proposal is above $100,000. The Outside

Vendor Proposal Review Commission shall present a report outlining the pros and cons of

entering into the proposal.

f. The Vice President or full Legislature may determines that a referral of the proposal to a

federally chartered corporation wholly owned by the Nation would best serve the interests of the

Nation consistent with the Federally Chartered Corporations Act (5 HCC § 12).

25. Adoption of Standing Legislative Commission Recommendations by the Full

Legislature.

a. Legislative Commission recommendations will be referred to the full Legislature for

review and/or action within fourteen (14) days of the adjournment of the Commission

Meeting.

b. The Legislature may adopt the recommendations of the Commission in whole, in part,

or not at all.

c. Action taken by the Commission by motion at a Commission meeting is only effective upon

subsequent ratification of the meeting minutes by the Legislature.

26. Ho-Chunk Nation Recognition Citations.

a. The Legislature or Standing Legislative Commission upon a majority vote, may issue upon

its behalf, a citation to a particular person, group, or organization or for a particular occasion as

specified in the citation. The President or Vice President may be authorized to sign any citation

or make any necessary related presentation.

b. Citations may be used in place of Resolutions for commendations, congratulations of

persons or organizations, or to give recognition to unusual or important events, except the use

of citations will not be abused.

CHAPTER IV

GOVERNANCE AND REPRESENTATION AS OWNER OF

FEDERALLY CHARTERED CORPORATIONS

27. General. The Nation’s Legislature shall either govern federally chartered corporations

as the Nation’s Legislature, in its governmental capacity, or shall observe its ownership of a

federally chartered corporation/s in its capacity as representative of the Owner, in accordance

with Chapter IV of this Act, the Federally Chartered Corporations Act (the “FCCA”), 5 HCC

§12, and other applicable law. Unless the Charter or the Federally Chartered Corporations

Act otherwise provides, the Legislature as representative of the Owner shall exercise the powers

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 28 of 41

to vote for the Nation. Unless otherwise provided in the Charter, the Legislature as

representative of the Owner shall, as sole owner of the Corporation, exercise for the Nation all

powers as the shareholder.

28. Notice. Unless the Charter otherwise provides, whenever Notice to or the Consent or

Approval of the Nation’s Legislature, in its governmental capacity or in its capacity as

representative of the Owner, shall be required pursuant to the FCCA or the Charter, the

following shall apply:

a. Notice shall be filed with the Office of the Vice President.

b. Notice shall be in writing. Delivery of such notice shall be electronic, by mail with return

receipt requested, or in person, whereby a dated stamped copy of the Notice shall be obtained in

person.

c. All communications and/or notices received by the Vice President shall be timely

forwarded to the Owners and within an Owner’s meeting and is subject to Sections 48 and 49 of

this Act.

d. In those situations where Legislative Consent or Approval is required in connection with

the Notice, the Legislature, in its governmental capacity or as representative of the Owner as

the case may be, shall take action to provide its Consent or Approval, or its denial or

disapproval, within twenty (20) days of receipt of the Notice. The Legislature, in its

governmental capacity or as representative of the Owner as the case may be, will deny or

disapprove the matter in the event that all information reasonably necessary for the Legislature,

in its governmental capacity or as representative of the Owner as the case may be, to act on the

matter is not provided with the Notice.

e. Unless the Legislature, in its governmental capacity or as representative of the

Owner as the case may be, denies or disapproves the matter within twenty (20) days of receipt

of the Notice, the matter shall be deemed to be consented to or approved by the Legislature.

29. Legislative Capacities. Business by the Nation’s Legislature in its governmental

capacity shall be conducted during a session of the Nation’s Legislature. Actions by the

Nation’s Legislature as the representative of the Owner shall be conducted in a separate

meeting of the Nation’s Legislature and designated as a meeting of the representative of

the Owner. Meetings by the Nation’s Legislature in its capacity as the representative of the

Owner shall not be subject to the Nation’s Open Meeting Act (2 HCC § 2).

30. Designation to Act on Legislature’s Behalf. The Nation’s Legislature in its

governmental capacity or as the representative of the Owner, as the case may be, may in such

capacity designate by Resolution a person or persons to act on its behalf in such capacity in

connection with any actions required to be taken as provided in the Charter, pursuant to the FCCA

or this Act.

31. Earning. Distribution by the Corporation to the Nation shall be used by the Nation’s

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 29 of 41

Legislature in its governmental capacity in a manner that is consistent with applicable law and

for the benefit and general welfare of the Nation and its people and pursuant to the FCCA.

32. Merger, Consolidation or Sale of Assets. Pursuant to Section 20 of the FCCA,

approval by the Nation’s Legislature as representative of the Owner is required for a

Corporation to merge or consolidate on terms set by its Board of Directors is required.

33. Suspension of Business of Corporation. Pursuant to Section 21 of the FCCA, the

Nation’s Legislature as representative of the Owner shall approve or disapprove the suspension

and the terms and conditions of a Board of Directors.

34. Dissolution of Corporation. Pursuant to Section 22 of the FCCA, the Nation’s

Legislature as representative of the Owner shall approve or disapprove the Plan of Dissolution

at a regular or special meeting of the Nation’s Legislature as representative of the Owner.

35. Legislative Liaison. Pursuant to Section 17 of the FCCA, the Legislature will select from

among its members or immediate staff a Legislative Liaison to serve throughout such

Legislator's term as set forth in Article V Section 1(c) of the Ho-Chunk Nation Constitution

or legislative staff’s period of employment. Such selection will occur upon the ratification of

any charter of a federally chartered corporation and as early as possible after the Legislative

Liaison becomes vacant for any reason. The Legislature may select a new liaison at any time

for any reason.

36. Sale of Real Property and Other Assets. Pursuant to Section 16(a)(4) of the FCCA, the

Nation shall observe the Right of First Refusal for any Corporate Sale of Real Property and

Other Assets in the following manner:

a. Notice of intent to sell, convey or other disposition of any land or, unless such sale or

disposition is in the ordinary course of business, and/or the intent to sell or dispose of

substantially all of the assets of the Corporation or any Subsidiary shall be given to the Nation’s

Legislature, in its governmental capacity at least sixty (60) days prior to such intent to sell,

convey, or other disposition in strict compliance with Section 28 of this Act.

b. The Nation’s Legislature in its governmental capacity and acting on behalf of the Nation

shall convene a meeting to consider acquisition of the property and any such terms, and shall be

afforded sixty (60) days in which to make a decision and, if a decision is made to exercise

the right of first refusal, to consummate a transaction for the purchase of such land or assets.

37. Removal of a Director.

a. Unless the Charter otherwise provides, a director may be removed only at a meeting of the

Nation’s Legislature as representative of the Owner or by the Board of Directors, as the

case may be, called for the purpose of removing the director(s) and pursuant to the FCCA.

b.Unless the Charter otherwise provides, the Legislature as representative of the Owner

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 30 of 41

may remove director or board chairperson for or without cause and pursuant to the FCCA.

38. Board Vacancies. Notice of any vacancy on the Board of Directors shall be immediately

given by the Corporation to the Nation’s Legislature via the Vice President and filled in

accordance with the FCCA.

39. Meetings.

a. Meetings may be called by the Vice President or by 1/3 (one-third) of the members of the

Legislature at any time. Written notice of each meeting setting forth the date, time, place and

purpose(s) shall be provided to each member of the Nation’s Legislature in person, by mail

or electronically at least two (2) days before the meeting.

b. The Nation’s Legislature as representative of the Owner may hold regular and special

meetings subject to and consistent with the FCCA and this Act.

c. Unless a Charter otherwise provides, the FCCA shall apply in the determination of a

quorum of the Nation’s Legislature acting as representative of the Owner at any meeting.

d. The President may chair meetings of the Owner if the Legislature, as representative

of the Owner in attendance has not appointed a chairperson.

e. The Nation’s Legislature as representative of the Owner through a Resolution may request

a special meeting of the Board of Directors in accordance with the FCCA.

f. The Nation’s Legislature shall set a new date in the event quorum is not reached at a

Shareholder’s meeting pursuant to the FCCA.

40. Powers, Authority and Duties of the Vice President.

a. Compliance. The Vice President, or it his or her absence the Owner’s designee, is

hereby authorized to administer and enforce the FCCA and actions directed by the Nation’s

Legislature under the FCCA. Excluding any action taken by the Legislature to the contrary and

pursuant to Section 30 in this Chapter, the Legislature, in its governmental capacity, may

determine, appoint, assign or employ staff, a person or persons to carry out and/or to act on the

Vice President’s behalf in such capacity, and under the supervision of the Vice President, in

connection with any actions required to be taken as provided in the Charter, under the FCCA or

under this Act.

b. The Vice President shall routinely and regularly ensure that each Corporation

continuously maintains within the Nation’s jurisdiction a registered office and registered agent

pursuant to the FCCA.

c. The Vice President shall, pursuant to the FCCA,

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 31 of 41

(1) hold by and for the Nation, any and all share certificates (or transaction

statements for uncertificated shares) of Corporations issued in the name of the Nation; and

(2) inspect and if necessary, timely correct errors in any share certificate in

coordination with the applicable federally chartered corporation.

d. The Vice President shall monitor, ensure receipt and uphold compliance of any earning

distributions by any Corporation pursuant to the FCCA.

e. The Vice President, acting on behalf of the Legislature as Owner, shall exclusively

maintain the right to request, receive and maintain records of a federally chartered corporation’s

annual report prepared by the Corporation, annual audited financial statements of the

Corporation, four (4) Quarterly Reports, any other information the Owner deems, in good faith,

important to the Owner upon the Owner’s request, and such other information to which the

Owner is entitled pursuant to the FCCA and this Act. All hearings, minutes, records, data,

charts, and files of a Corporation shall be kept separate and distinct from the Legislative Office

records of other records of the Legislature in a strictly confidential and access-controlled

manner to protect the interests of the Corporation, however, such records shall be the property

of the Legislature and all members will have access to such records. A Shareholder shall have

no right to inspect, investigate, audit or to otherwise have access to the books and records of the

Corporation. A copy of such records will also be provided to the Nation’s Records Department

or equivalent archival office or entity.

f. The Vice President, acting on behalf of the Legislature as Owner, shall exclusively

maintain the right and authority to inspect, investigate or audit the books and records of

the Corporation and/or any of its Subsidiaries, either independently or through direction from

the Legislature, through subpoena, or otherwise, and in accordance with the FCCA.

g. The Vice President shall accept and maintain a certified copy of a federally

chartered corporation’s bylaws and any amendment thereof, ensure that all corporations are

compliant with filing of said by-laws and amendments within five (5) days of adoption or

amendment and that said bylaws and/or amendment to the bylaws be consistent with the

Corporation’s Charter and the Federally Chartered Corporations Act.

h. Use of Tribal Assets, Employees, Products and Services. Should a Corporation or its

Subsidiaries wish to contract with the Nation or the appropriate department of the Nation to

use the services of the Nation’s assets, including real property, employees, the Nation’s

products or the Nation’s services and to avoid duplication of the Nation’s employee services,

the Vice President, at the direction of the Legislature, shall either:

(1) Refer any such request to the Office of the President; or

(2) Call a meeting of the Nation’s Legislature for the purpose of considering and/or

securing a contract, including contracts for the sale, lease, or rental of such assets, with terms

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 32 of 41

deemed reasonable by the Corporation or Subsidiary and the Nation or the appropriate

department of the Nation as the case may be.

CHAPTER V

LEGISLATION PROCESS

41. General. For the purpose of this chapter, passage of Legislation makes a permanent change

to the General Law (excluding Constitutional Law) of the Nation by creating, amending,

repealing, or renumbering a section of the Ho-Chunk Nation Code (HCC).

42. Resolutions. Any resolutions proposed to the Legislature for adoption shall contain a

designation indicating the drafter. All Resolutions proposed from the Executive Branch shall

first be reviewed by the Nation’s Department of Justice before presentation to the Legislature

to ensure consistency with the Constitution. Such resolutions shall be presented to the

Legislature in advance of the particular Legislative meeting in which they are to be

considered, pursuant to the rules for preparation of meeting agendas adopted by the

Legislature. Any governmental documents, such as Resolutions or minutes, issued and

approved by the Legislature shall only be executed by tribal member officials.

43. Ho-Chunk Nation Code. The Ho-Chunk Nation Code (HCC) will consist of Acts,

Ordinances, Statutes, policies, programs, processes, procedures, and manuals adopted by the

Legislature having the force and effect of the Nation’s Law. The HCC will be organized

into titles with subordinate sections as follows:

a. Title 1 - Establishment Acts.

b. Title 2 - Government Code.

c. Title 3 - Health and Safety Code.

d. Title 4 - Children, Family, and Elder Welfare Code.

e. Title 5 - Business and Finance Code.

f. Title 6 - Personnel, Employment and Labor Code.

g. Title 7 - Cultural and Natural Resources Code.

h. Title 8 - Housing, Real Estate, and Property Code.

i. Title 9 – Criminal Code.

j. Title 10 - Rules, Manuals, and Procedures.

44.

Quick Passage Procedures. The Legislature may vote to immediately pass Legislation.

a. The Legislature may only exercise this option under the following circumstances:

(1) The Legislature passes a motion to consider Quick Passage of the Legislation. The

motion will be immediately effective and not require ratification of the minutes of the meeting

at any subsequent Legislative Meeting.

(2) For the Legislation to be considered for Quick Passage the Legislature must

conclude both:

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 33 of 41

(a) The Legislation must take effect immediately to address a situation that:

1 Adversely affects the health, safety, welfare, or economic well-being of the

Nation;

2 Adversely affects a person or multiple people for which Legislative relief is

deemed appropriate and necessary by the Legislature;

3 Is integral to the operation of the Government; or

4 Impacts negotiations with a sovereign entity; and

(b) Adherence to the Normal Legislation Process outlined in Section 45 would result

in a delay that would adversely impact the Nation, a Member of the Nation, or Members of

the Nation.

(3) Conclusions of the Legislature with respect to the criteria provided under

Section 44.a.(2) above will be final.

b. For the Legislation to immediately become the law of the Nation it will require an

affirmative vote of two-thirds (2/3) of the full Legislature seated in office. The passage of

the Legislation will be immediately effective and not require ratification of the minutes of the

meeting at any subsequent Legislative Meeting.

45. The Legislative Process

a. Except for as provided in Section 44, Legislation will go through the Normal

Legislation Process.

b. The Normal Legislation Process will consist of three (3) phases:

(1) Internal Review Phase.

(2) Public Review Phase.

(3) Passage Phase.

c. Internal Review Phase.

(1) A Legislator, in coordination with any other Legislators, is authorized to review,

discuss, analyze and otherwise obtain any input needed for the development of any

Legislation, by the use of informal group meetings, Workgroups, Taskforces or the Legislative

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 34 of 41

Standing Commissions.

(2) The Executive Branch may also prepare Legislation for consideration by the

Legislature.

d. Public Review Phase. The Legislator(s), known as sponsor(s), or the Executive Branch shall

present any Legislation to be placed out for Public Comment to the Legislature for consideration by

Resolution. The Legislator that makes the motion to adopt a Resolution placing proposed Legislation

presented by the Executive Branch out for Public Review shall be known as the Legislative Sponsor

of the proposed Legislation. This section excludes any legislation adopted by Quick Passage

Procedure. The Legislature will take by motion one (1) or more of three (3) actions. The three (3)

possible actions of the Legislature are as follows:

(1) The Public Comment period will typically be forty-five (45) days but may be

shortened or lengthened if deemed as necessary. The Public Review period begins after the

Legislation is placed on the Nation’s website. Any individual that submits a public comment to

the Legislature on the proposed Legislation shall be notified of the receipt by the Legislature of

their submitted comment.

(2) Legislators will provide notification of the proposed Legislation, at a regularly

scheduled District Meeting. Comments received by Legislators within ten (10) business days

will be provided to the Responsible Legislative Attorney/Counsel, Legislative Paralegal, outside

counsel, or other Official selected to draft the Legislation.

(3) Hold a Public Hearing. This action will not require ratification by the full

Legislature, and the following will apply:

(a) At the discretion of the Vice President, a record of the Public Hearing may be

made by a court reporter or recorded by a videographer and/or other electronic means.

(b) No official Legislative action may be taken regarding the Legislation or any other

matter at the Public Hearing.

e. Passage Phase. Upon completion of the Public Review Phase:

(1) The Legislative Sponsor(s) shall review all comments received by the Legislature

on the proposed Legislation and make any recommended changes to the proposed Legislation

to the Legislative Attorney/Counsel.

(2) The Legislative Attorney/Counsel, will prepare a final proposed version of the

Legislation.

(3) The final proposed version of the Legislation shall be provided to Legislators prior

to being on the Legislative session agenda.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 35 of 41

(4) The Legislation will be placed on the Legislative agenda by the appropriate Legislative

Staff.

(5) The Legislative Attorney/Counsel will prepare a Resolution adopting the

Legislation as Law and attach the Resolution to the final version of the proposed Legislation.

(6) Legislative Action.

(a) Any sponsoring Legislator(s) may introduce the final proposed Legislation to

the full Legislature.

(b)

The Legislature will take one of the following actions:

1 Adopt the Legislation as written into law;

2 Adopt the Legislation as Amended during the Legislative Meeting;

3 Table the Legislation for further legislative internal review, additional public

review, or provide an updated draft for consideration.

4 Take no action and remove from the Agenda.

5 A motion or resolution to adopt fails or is withdrawn.

46. Technical Violations.

a. Any technical violation of the procedures for Legislation becoming Law will not serve

as a basis for invalidating that Law.

b. If the Legislature passes a Resolution to enact a Law, it shall be presumed that the

Legislature complied with all necessary steps contained within this Act.

c. In the event technical corrections of punctuation, spelling, formatting or numbering are

necessary for any laws, resolutions, or bills, those may be made without full Legislative approval;

provided the Vice President and Legislative Counsel shall indicate their approval in writing.

47. Publishing a Law.

a. Legislation approved and ratified by the Legislature and enacted as Law will be

published as a new law, a restated law, an amendment to an existing Law, a repeal of an existing

Law, or as a renumbered section of the Ho-Chunk Nation Code (HCC).

b. Designated Legislative Staff will distribute the published Law to all government entities

as deemed appropriate.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 36 of 41

c. The designated Legislative Staff will place the published law on the Ho-Chunk Nation

web site. This will be carried out by the Legislative Counsel, Attorney, Paralegal and

appropriate staff.

d. The Legislative History of a law will be maintained and recorded at the end of each

published law.

48. Records Retention.

a. Open Session Records.

(1) The recording secretary, or equivalent staff, will provide the original of Open

Session Minutes and Resolutions to the Department of Records and Legislative Chief Clerk.

(2) The original and copy of the Minutes or Resolutions from the Open Session portion

of the meeting will remain the Property of the Ho- Chunk Nation.

(3) Any recordings of the Open Session portion of a meeting will remain the Property

of the Ho-Chunk Nation and will not be erased. When the Official who made the recording is

done with the recording it will be stored with the Department of Records:

(a) The Department of Records will classify these recordings based on the date of the

Legislative Session.

(4)

The distribution of any Open Session records with be in accordance with Section

49.

b. Executive Session Records. Except for as provided for in Section 4 9 c , any Minutes

from the Executive Session portion of a meeting will be kept strictly confidential.

(1) The recording secretary, or equivalent staff, will provide the original of the

Executive Session Minutes and Resolutions to the Department of Records and

Legislative Chief Clerk.

(a)

The copy of the Minutes will only be available to the Chief Clerk and the

Minutes may only be shown to Legislators and appropriate legislative staff

in the performance of their duties.

(2) Except for as provided for in Section 49c, the original and copy of the Minutes and

Resolutions from the Executive Session portion of the meeting will remain the

Property of the Ho- Chunk Nation.

(3) Any recordings of the Executive Session portion of a meeting will remain the

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 37 of 41

Property of the Ho-Chunk Nation and will not be erased. When the Official who

made the recording is done with the recording it will be stored with the Department

of Records:

(a) The Department of Records will classify these recordings based on the date of

the Legislative Session.

(b) Except for as provided for in Section 49c, the Department of Records will

ensure that only the official who made the recording, his or her successor, or

the Nation’s authorized legal counsel will have access to the recordings.

49. Distribution Policy.

a. All Codes, Ordinances and official meeting minutes and resolutions (excluding

Executive Session except for as provided in Section 48b) will be available through the Legislative

Office.

b. The Legislature will make the result of each Open Session Legislative and Commission

vote (excluding Executive Session except for as provided in Section 48b) available for inspection

by the Public at reasonable times in the Legislative Office. Information available for Public

inspection will include a description of the Amendment, Motion, Order, or other proposition

and an indication of the voting for, against and abstaining on such Amendment, Motion, Order, or

proposition, and the names of those members present but not voting.

c. For any matter discussed in Executive Session the Legislature has the right to have the

matter remain confidential to protect the interest of the Nation or individual. Executive Session

information may be released by one of the following manners:

( 1 ) The Legislature, in Executive Session, may pass a Resolution or motion to

authorize the release of specified information to the public or appropriate parties, or

move the discussion of specified Executive Session items outside of Executive Session.

( 2 ) The Chief Clerk or designee will only disclose specific information from

Executive Session to individuals not employed by the Legislature, if the Vice President

authorizes the disclosure, confirmed in writing.

( 3 ) The Legislature may also pass a Resolution or motion or adopt Standard

Operating Procedures to determine the procedures for when a matter that is discussed in

Executive Session may be made public.

d. Codes and Ordinances will be placed on the Ho-Chunk Nation website as they are

enacted or amended. They may be copied as required.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 38 of 41

CHAPTER VI

CONTINUITY OF LEGISLATIVE BRANCH

50. Vacancies in the Legislature. Article IX, Section 9 and 10 of the Constitution states:

Section 9(e). In the event both the Office of the President and Vice-President becomes vacant,

the Representative currently service in the Legislature who has served the longest, shall

immediately call a special meeting of the Legislature for the purpose of selecting from its

remaining members a Vice-President, pro tempore to service pursuant to this Article.

Section 10. Vacancies in the Legislature. If a vacancy occurs in the Legislature because

of death, mental or physical incapacity, removal or recall vote, resignation, felony

conviction, or for any other reason, such vacancy shall be filled in the following manner:

a. If three (3) months or more remain before the next General Election, the Election

Board shall call a Special Election in the appropriate District to be held within thirty (30)

days.

b. If less than three (3) months remain before the next General Election, the seat shall

remain vacant, except when the Vice President assumes the office of the President pursuant to

Section 9(b) of this Article, an election to fill that vacancy shall be held within thirty (30) days.

51. Scope. This Chapter only applies when vacancies of seven (7) or more Legislators occur

at one time causing a loss of Quorum and these vacancies cannot be filled within thirty (30) days

or sooner to reconstitute Quorum for the Legislature to conduct official business.

52. Authority. Until the full Legislature is reconstituted, the remaining Legislators will be

empowered to continue to conduct the daily Legislative and Administrative business of the

Legislature with the following limited powers:

a. A meeting shall be held no longer than forty-eight (48) hours after quorum is lost for the

purpose of selecting necessary positions, such as the Vice-President, Tribal Secretary, and First

and Second Presiding Officers of the Finance Commission.

b. If the position of Vice President is vacant, the Legislature will appoint a Vice

President pro tempore.

c. The first order of business of the Legislature will be to call for a Special Election within

thirty (30) days to elect Legislators for vacant positions. The Election Board formed pursuant to

the Election Ordinance (2 HCC § 6) will be empowered to waive the time requirements of

the Election Ordinance (2 HCC § 6) to conduct the Special Elections.

d. The Legislature will not affect or alter the employment or compensation status of

employees of the Nation.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 39 of 41

e. The Legislature will not alter budgets previously approved by the full Legislature, unless

necessary to continue essential services of the Nation and to preserve outside grants and loans.

f. The Legislature will make no decisions binding or obligating the resources of the

Nation, except when the appropriation of funding is necessary for repairing and reconstruction

of the Nation's facilities caused from a disaster.

CHAPTER VII

SOVEREIGN IMMUNITY

53. Sovereign Immunity.

a. Nothing in this Act shall be deemed to waive the sovereign immunity of the Ho- Chunk

Nation or any of its enterprises, officers, agents, or employees.

b. Pursuant to Article XII, Sections 1 and 2 of the Constitution, the Legislature in taking any

action will be deemed to not have waived the Nation’s sovereign immunity from suit, unless the

Legislature expressly waives the Nation’s sovereign immunity.

Legislative History:

02/08/95

06/27/96

07/02/96

09/13/00

02/13/01

12/03/03

10/12/04

10/19/04

10/23/04

01/04/05

12/20/06

02/16/07

03/16/07

Legislature enacts HCC 95-001, “Bill Process” by Legislative Resolution 02/08/95A as internal

operating rules for the Legislature.

Draft “Legislative Organization Act of 1996” presented to the Administrative Rules/Election

Committee.

Legislature adopts rules entitled “Bill Process, Amended Legislative Internal Operating Rules of

1996” by Legislative Resolution 07/02/96D.

Reviewed by Administration Committee. Forwarded to Full Legislature and posted for 45Day Public Review.

Legislative Organization Act of 2001 enacted as 2 HCC § 11 by Legislative Resolution

2/13/01D.

Amended and Restated by Legislative Resolution 12/3/03A amending paragraphs 9b(1) and 9d(1)

regarding Legislator attendance at meetings.

Administration Committee reviews provisions for Continuity of Government in the event of an

emergency situation when quorum cannot be established within thirty days.

Legislature places draft amended and Restated Legislative Organization Act out for 45-Day Public

Review.

HCN General Council adopts Resolution 10/23/04C, Ho-Chunk Nation Document Signature.

Requires that “all documents pertaining to the actions of the Ho-Chunk Nation government

contain only the signature of enrolled Ho-Chunk members.”

Amended and Restated by Legislative Resolution 01/04/05B amending the requirements for quorum

(para 9b(4)) and establishing emergency procedures for the continuity of the Legislature in the event

of a disaster that results in the loss of quorum (Chapter IV).

Legislative discussion held on the need of amending the Legislative Organization Act.

Legislative Counsel will review the Act, make revisions and forward to the Administration

Committee for review.

Administration Committee Motion to table Code for next Administration Committee Meeting.

Administration Committee Motion to table Code for additional changes to be submitted by

Legislative Counsel at the next Administration Committee Meeting.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 40 of 41

04/10/07

05/22/07

09/23/07

10/10/07

12/12/07

12/18/07

02/22/08

07/22/08

08/05/08

02/17/09

03/05/09

04/07/09

05/26/09

06/09/09

08/03/10

12/07/10

12/07/10

12/07/10

08/23/11

03/19/13

06/18/13

Administration Committee Motion to table Act for one month for review and for Legislative Counsel

to coordinate a work group.

Pursuant to the Legislative Organization Act, the Legislature motions for an Off-Site to be

conducted to review possible amendments to the Legislative Organization Act.

Pursuant to the Legislative Organization Act, the Administration Committee motions for the Vice

President and Legislative Attorney to select a time to hold an Off-Site and to conduct the Off-Site at

one of the Nation’s facilities.

Legislature holds an Off-Site.

Legislature holds an Off-Site.

Legislative motion to approve sending the amendments to the Act out for a 45-day public comment

and review period.

Forty-five day public comment and review period ends.

Legislature passes motion to table passage of Amendments to Legislative Organization Act to review

outstanding issue surrounding physical presence requirements for obtaining quorum.

Legislature passes Resolution to adopt Amendments to Legislative Organization Act. 11/05/08

Legislature passes Resolution adopting Amendments to procedures contained in Section 10,

subparagraph f. regarding procedures for posting vacancies on boards and Committees. 12/10/08

Legislature passes Resolution adopting Amendments to procedures contained in Section 15,

subparagraph (a) (1) regarding procedures for conducting Finance Committee meetings when both

the Presiding and Second Presiding officer are absent from the meeting.

Placed on Legislative agenda to address changes required as a result of the results of the Special

Election on Redistricting, make other technical changes, and a substantive change regarding the

service of members on various public bodies in Section 10, subparagraph f. (3). Legislature refers

proposed amendments to Administration Committee.

Administration Committee reviews proposed changes and refers back to Legislature to place

amendments out for forty-five day public comment.

Legislature passes Resolution to place out for forty-five day public comment, which will end as of

May 25, 2009, and removes proposed Amendment for substantive change regarding the service of

members on various public bodies in Section 10, subparagraph f. (3).

Forty-five day public comment period ends with only comments being received by Legislative

Assistant Darcy Funmaker. All but one of her proposed changes with respect to Area Meetings

are incorporated into the version presented for passage to the Legislature.

Legislature passes Resolution adopting amendments to Legislative Organization Act. 06/29/10

Legislature passes Resolution 6/29/10C adding additional assignments of duties of Tribal

Secretary, by adding language as an amendment in section sub. c.

Quick Passage amendment (Resolution 8/3/10A) removing all references to “Legislative

Secretary” in light of office reorganization; and replace with appropriate designate Legislative staff

job titles and to include removing all non-existing job titles from the Legislative Organization Act.

Quick Passage amendment (Resolution 12/07/10S) to the Legislative Organization Act to remove

all references to the term “Off-site” in order to reflect the Legislature’s intent to use Legislative

Standing Committees and SubCommittees to carry out similar functions.

Legislature passes Resolution 12/07/10T to create the SubCommittees of Officers based on

original establishment by Legislature through office reorganization within Fiscal Year 20102011 Legislative Budget; presiding officers of Legislative Finance Committee, Administration

Committee and Development Committee constitute the SubCommittee, with second presiding officers

as alternates; SubCommittee of Officers takes on supervision of Legislative staff employees.

Quick Passage amendment (Resolution 12/07/10V) to approve the organization chart for the

Legislative Office, establishing administrative oversight by SubCommittee of Officers.

Legislature adopts Resolution 08/23/11B to place LOA out for 45 day public comment. 02/19/13

Adoption of Resolution 02-19-13A amending the LOA to create a Legislative Housing

Committee.

Adoption of Resolution 03-19-13A, amending the LOA to create a Legislative Committee on Health,

Social Services & Insurance.

Quick Passage amendment to the LOA, regarding eligibility of Legislators to serve on Legislative

Committee. Strike requirement that Representatives serve one year to be eligible.

Ho-Chunk Nation Legislature

Legislative Organization Act

Page 41 of 41

07/29/13

08/06/13

09/20/13

11/18/13

01/08/14

01/21/14

04/15/15

06/23/15

11/08/18

03/17/20

03/25/20

06/08/21

06/16/21

06/22/21

09/21/21

01/06/22

01/06/22

02/15/22

06/21/22

09/13/22

06/04/24

09/04/24

11/07/24

07/08/25

08/19/25

Legislature holds Off Site meeting in St. Paul, MN, to discuss LOA and revisions.

Legislature adopts Resolution 08-06-13K placing the LOA out for 45 day public comment.

(Comment deadline was September 21, 2013)

Rep. Kathyleen LoneTree-Whiterabbit submits written comments on the LOA.

Legislature holds Off Site meeting in Ho-Chunk Gaming-Wisconsin Dells, to discuss the LOA and

proposed red-line amendments.

Legislature discusses proposed LOA red-line amendments at Regular Session and approves a motion

to prepare the final version of the LOA amendments for next Session on January 21, 2013, while

also addressing the comments of Rep. Kathyleen LoneTree-Whiterabbit.

Legislature adopts Resolution 01-21-14G approving amendments to the LOA.

Legislative Economic Diversification Workgroup reviews and finalizes draft LOA revisions to

accommodate governance and owner representation over federally chartered corporations and

pursuant to the draft Federally Chartered Corporations Act, 5 HCC §12, currently out for public

comment.

Legislature adopts proposed amendments to Legislative Organization Act.

Legislature adopts quick passage amendments to the Legislative Organization Act.

Quick Passage amendment (Resolution 03/17/20F) to the LOA, regarding Quorum and Telecommuting

during emergency.

Quick Passage amendment (Resolution 03/25/20A) to the LOA, regarding delegation of Vice President

administrative duties in their absence.

Legislature adopts quick passage amendments to the Legislative Organization Act, Resolution 06-0821U, concerning quorum, district meetings, and Standing Committee Hearings.

President issues a veto of Resolution 06/08/21U.

A resolution, 06-22-21L, was presented for Legislative Overturn of Presidential Veto Regarding

Resolution 06-08-21U and was defeated.

Technical correction made on Page 34 top of page Section 30.a.(2) should be Section 43.a(2).

Quick Passage amendment Resolution 01/06/22E eliminating Administration, Housing, Development,

and Health, Social Services and Insurance Committees and changing Finance Committee to Finance

Commission.

Quick Passage amendment Resolution 01/06/22H Ho-Chunk Nation Treasurer is a non-voting member

and not part of quorum of the Finance Commission.

Quick Passage amendment Resolution 02-15-22C to Chapter II, Section 8.

Legislature places proposed amendments to the Legislative Organization Act out for 45-day public

comment through Resolution 06-21-22 M.

Legislature adopts amendments to the Legislative Organization Act through Resolution 09-13-22 H.

Legislature adopts amendment to the Legislative Organization Act through Resolution 06-04-24 D to

Section 45.

Legislature adopts resolution 09/04/24 B authorization to place the Legislative Organization Act out

for 30 day Public Comment to establish Development Commission, Housing Commission,

Government Administration Commission and Health, Insurance, Education, and Social Services

Commission.

Legislature adopts amendment to the Legislative Organization Act via Resolution 11/07/24 D.

Legislature adopts resolution 07-08-25CC authorization to place the Legislative Organization Act out

for 30 day public comment.

Legislature adopts amendment to the Legislative Organization Act via Resolution 08/19/25A.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.