OKMULGEE, Oklahoma – A Muscogee (Creek) Nation National Council Business, Finance and Justice Committee meeting was held in person and via teleconference on July 21 at the Mound Building.
All legislation will go before the full Council during the regular session.
BFJ addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 22-120 – Confirming the nomination of Shane Holuby to serve as Tribal Administer of the Muscogee (Creek) Nation. Representative Mark Randolph sponsored the bill, and Representative Randall Hicks co-sponsored it, which was approved for do pass 2-1. Representative Sandra Golden was the lone dissent.
Holuby was nominated by Principal Chief Hill. His term will begin upon confirmation and will end concurrently with the term of the current Principal Chief.
TR 22-121 – Confirming the nomination of Mary Mashunkashey as the Tax Commissioner of the Muscogee (Creek) Nation. Rep. Randolph sponsored the bill, which was unanimously approved for do pass 3-0.
Mashunkashey was nominated by Principal Chief Hill. Her term will begin upon confirmation with the term to end concurrently with the term of the current Principal Chief.
TR 22-122 – Authorizing the Executive Branch to prepare and submit grant applications to federal and state governmental agencies and private foundations for both FY 2023 and FY 2024 and authorizing the Principal Chief to execute all necessary grant documents. Rep. Randolph sponsored the bill, which was unanimously approved for do pass 3-0.
The bill will allow the Executive Branch to pursue any and all funding opportunities available from federal and state agencies.
TR 22-123 – Allowing the Principal Chief to execute Grant Awards and cooperative agreements with general terms and conditions for fiscal years 2023 and 2024. Rep. Randolph sponsored the bill, which was approved for do pass 2-1. Rep. Golden was the lone dissent.
The awards and agreements include the Uniform Guidance, which constitutes a waiver of the Muscogee (Creek) Nation’s sovereign immunity as part of the terms and conditions.
TR 22-124 – Confirming the nomination of Tim Wheeler to serve on the Mvskoke Loan Fund Board. The bill was sponsored by Rep. Randolph, which was unanimously approved for do pass 3-0.
Wheeler was nominated by Principal Chief Hill. His term will begin upon confirmation and will last three years from the confirmation date.
TR 22-125 – Authorizing the submittal of a letter of declaration with the Federal Aviation Administration for the benefit of the Muscogee (Creek) Nation Lighthorse Police Department. The bill was sponsored by Rep. Randolph, which was unanimously approved for do pass 3-0.
The MCN Lighthorse Police Department is developing a division that will operate an Unmanned Aerial System (UAS). The FAA requires a letter of declaration that states that the Nation is qualified to operate as a public aircraft operator.
TR 22-126 – Confirming the nomination of Matt DuMond to serve on the Mvskoke Loan Fund Board. Rep. Randolph sponsored the bill, which was unanimously approved for do pass 3-0.
DuMond’s term will begin upon confirmation and shall expire three years from the confirmation date.
TR 22-129 – Approving and authorizing the lease agreement, advance addendum, wide area network services addendum for Bally Wap Games, and addendum for IGT’s Native American Progressive system with Platinum Gaming Ventures, LLC (“GCG”). Rep. Hicks sponsored the bill, which was unanimously approved for do pass 3-0.
The agreement will have a term of 60 months. Bally WAP is leased for its gaming equipment, software, and services.
TR 22-130 – Authorizing the Muscogee Nation Gaming Enterprises, LLC (MNGE) to deposit additional funds in the Muscogee Creek Nation Casinos Insurance Reserve Fund. Rep. Hicks sponsored the bill, which was unanimously approved for do pass 3-0.
After the COVID-19 Pandemic and the historic 2019 flood of the Arkansas River, River Spirit Casino and Resort suffered damages in the amount of $28.2 million. Insurance did not cover the full extent of the damages.
Corps of Engineers has indicated the flow rate for the Keystone Dam will increase, making it likely that the river will flood again within the next ten years. The additional funds are to help relieve current damage and prepare in the event of future natural disasters.
TR 22-132 – Authorizing the execution of a release and waiver of liability, assumption of risk, and indemnity agreement with 555 Fitness. Rep. Hicks sponsored the bill, which was unanimously approved for do pass 3-0.
The agreement requires the Nation to assume full responsibility for any risk of bodily injury, death, or property damage arising from using 555 Fitness equipment. The agreement will complete the 555 Fitness Grant for the benefit of the Nation’s Lighthorse Police Department.
NCA 22-059 – A law of the Muscogee (Creek) Nation amending MCNCA Title 37, Chapter 3, Subchapter 8 entitled “Drug-Free Workplace” and creating new subsection § 3-813 entitled “Medical Marijuana License Holder Protection and Non-Discrimination.” The bill was sponsored by Rep. Randolph, which was unanimously approved for do pass 3-0.
The tribe will permit Medical Marijuana that employees use or possess for medical purposes without corrective action. Employees must have a medical marijuana license from the Oklahoma State Department of Health. The law excludes certain positions, such as drivers employed with the Transit Department.
NCA 22-075 – A law of the Muscogee (Creek) Nation amending MCNCA Title 27, Chapter 1, entitled “Authorities, Jurisdiction, and applicable law,” by adopting the standards, rights, and responsibilities defined by the Americans with Disabilities Act of 1990, The ADA Amendments Act of 2008, and The Rehabilitation Act of 1973, requiring that all services offered by the Muscogee (Creek) Nation are accessible to its citizens with disabilities. The bill was sponsored by Rep. Golden, which was unanimously approved to be postponed until the next BF&J Committee meeting next month, 3-0.
The bill would adopt and adhere to prohibitions against discrimination and the standards, rights, and responsibilities enumerated with the ADA, ADAAA, and the RA. The Nation would not subject itself to federal or state oversight or enforcement.
NCA 22-087 – A law of the Muscogee (Creek) Nation authorizing the creation of MCNCA Title 14, Chapter 1, Subchapter 11, entitled “Insanity of accused; determination of competence.” Rep. Golden sponsored the bill, which was unanimously approved for do pass 3-0.
This bill would authorize an amendment to the Muscogee (Creek) Nation Criminal Code by establishing clear guidelines and parameters for determining a criminal defendant’s competency to stand trial.
NCA 22-088 – A law of the Muscogee (Creek) Nation amending MCNCA Title 35, Chapter 12, entitled “Donations.” Rep. Randolph sponsored the bill, which was unanimously approved for do pass 3-0.
All donation requests will be considered on the availability of funds and limited depending on the type of organization that is to receive the donation.
NCA 22-089 – A law of the Muscogee (Creek) Nation creating new law by establishing “Government Relations” in MCNCA Title 25, Chapter 6, and appropriating funds for the remaining of fiscal year 2022. Rep. Randolph sponsored the bill, which was unanimously approved for do pass 3-0.
This bill would establish Government Relations with the Secretary of the Nation and Commerce. It would allow a more sustained and efficient way to communicate with and donate to political candidates.
NCA 22-090 – A law of the Muscogee (Creek) Nation approving and authorizing the Principal Chief to execute and file articles of organization with the office of the Secretary of the Nation to form “Muscogee Nation Business Holding, LLC” under the Muscogee (Creek) Nation limited liability company act and approving the operating agreement for “Muscogee Nation Business Holdings, LLC.” Rep. Hicks sponsored the bill, which was unanimously approved for do pass 3-0.
The creation of the holding company is to allow Muscogee Nation Gaming Enterprises the opportunity to create other gaming-related economic development entities.
Referred Legislation:
NCA 22-082 – A law of the Muscogee (Creek) Nation authorizing an appropriation for the construction of a bus barn for the Tulsa Head Start Center. Representative Charles McHenry sponsored the bill, which was unanimously approved 3-0.
After all legislation and referred legislation was voted on, the BF&J Committee voted unanimously to enter executive session.
For video of committee meetings visit: www.mcnnc.com.
