An Act To Amend the 1980 Maine Implementing Act To Authorize the Establishment of a Tribal Court for the Houlton Band of Maliseet Indians and Related Matters
PART A
Sec. A-1. 30 MRSA §6206-B, sub-§6, as enacted by PL 2005, c. 310, §1 and affected by §2, is repealed.
Sec. A-2. 30 MRSA §6208, sub-§2-A is enacted to read:
Any agreement between the Houlton Band of Maliseet Indians and the municipality must be jointly executed by persons duly authorized by the Houlton Band of Maliseet Indians and the municipality and must set forth the jointly agreed value of the funds or other things identified serving as replacement of payments in lieu of taxes and the time period over which such funds or other things may serve in lieu of the obligations of the Houlton Band of Maliseet Indians provided in this section.
Sec. A-3. 30 MRSA §6211, as amended by PL 1997, c. 626, §§1 and 2 and affected by §3, is further amended to read:
§ 6211. Eligibility of Indian tribes and state funding
Sec. A-4. Contingent effective date. This Part takes effect October 1, 2009 only if, within 90 days after the adjournment of the First Regular Session of the 124th Legislature, the Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e)(2). Copies of the written certification must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.
PART B
Sec. B-1. 30 MRSA §6209-C is enacted to read:
§ 6209-C. Jurisdiction of the Houlton Band of Maliseet Indians Tribal Court
The governing body of the Houlton Band of Maliseet Indians shall decide whether to exercise or terminate the exercise of the exclusive jurisdiction authorized by this subsection. The decision to exercise, to terminate the exercise of or to reassert the exercise of jurisdiction under each of the subject areas described by paragraphs A to E may be made separately. Until the Houlton Band of Maliseet Indians notifies the Attorney General that the band has decided to exercise exclusive jurisdiction set forth in any or all of the paragraphs in this subsection, the State has exclusive jurisdiction over those matters. If the Houlton Band of Maliseet Indians chooses not to exercise or chooses to terminate its exercise of exclusive jurisdiction set forth in any or all of the paragraphs in this subsection, the State has exclusive jurisdiction over those matters until the Houlton Band of Maliseet Indians chooses to exercise its exclusive jurisdiction. When the Houlton Band of Maliseet Indians chooses to reassert the exercise of exclusive jurisdiction over any or all of the areas of the exclusive jurisdiction authorized by this subsection it must first provide 30 days' notice to the Attorney General. Except as provided in subsections 2 and 3, all laws of the State relating to criminal offenses and juvenile crimes apply within the Houlton Band Trust Land and the State has exclusive jurisdiction over those offenses and crimes.
The designation of Houlton Band Jurisdiction Land in this subsection in no way affects the acquisition of additional Houlton Band Trust Land pursuant to applicable federal and state law, nor limits the Houlton Band of Maliseet Indians from making additional requests that portions of the trust land be included in this subsection.
Sec. B-2. Contingent effective date . This Part takes effect October 1, 2009 only if, within 90 days after the adjournment of the First Regular Session of the 124th Legislature, the Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e)(2). Copies of the written certification must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.
PART C
Sec. C-1. 30 MRSA §6209-D is enacted to read:
§ 6209-D. Full faith and credit
The Passamaquoddy Tribe, the Penobscot Nation and the State shall give full faith and credit to the judicial proceedings of the Houlton Band of Maliseet Indians.
The Houlton Band of Maliseet Indians shall give full faith and credit to the judicial proceedings of the Passamaquoddy Tribe, the Penobscot Nation and the State.
Sec. C-2. Contingent effective date. This Part takes effect 30 days after the Secretary of State receives the written certifications under subsection 2, except that in no event may this Part become effective before October 1, 2009, only if:
1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, section 2; and
2. The Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part, written certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part and written certification from the Governor and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Part, pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.
PART D
Sec. D-1. 30 MRSA §6209-C, sub-§1-A is enacted to read:
The Houlton Band of Maliseet Indians may assert, terminate or reassert exclusive jurisdiction over these areas as described in subsection 1.
Sec. D-2. Contingent effective date. This Part takes effect 30 days after the Secretary of State receives the written certifications under subsection 3, except that in no event may this Part become effective before October 1, 2009, only if:
1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, section 2;
2. The Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation approve Part C as provided in Part C, section 2; and
3. The Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part and written certification from the Governor and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Part, pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.
PART E
Sec. E-1. 30 MRSA §6209-A, sub-§1, as amended by PL 2009, c. 93, §14, is further amended to read:
The governing body of the Passamaquoddy Tribe shall decide whether to exercise or terminate the exercise of the exclusive jurisdiction authorized by this subsection. If the Passamaquoddy Tribe chooses not to exercise, or chooses to terminate its exercise of, jurisdiction over the criminal, juvenile, civil and domestic matters described in this subsection, the State has exclusive jurisdiction over those matters. Except as provided in paragraphs A and B, all laws of the State relating to criminal offenses and juvenile crimes apply within the Passamaquoddy Indian reservation and the State has exclusive jurisdiction over those offenses and crimes.
Sec. E-2. 30 MRSA §6209-C, sub-§1-A is enacted to read:
The Houlton Band of Maliseet Indians may assert, terminate or reassert exclusive jurisdiction over these areas as described in subsection 1.
Sec. E-3. Contingent effective date. This Part takes effect 30 days after the Secretary of State receives the written certifications under subsection 3, except that in no event may this Part become effective before October 1, 2009, only if:
1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, section 2;
2. The Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation approve Part C as provided in Part C, section 2; and
3. The Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part and written certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part, pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.
PART F
Sec. F-1. 30 MRSA §6212, sub-§1, as amended by PL 1993, c. 600, Pt. A, §24 and affected by §25, is further amended to read:
Sec. F-2. 30 MRSA §6212, sub-§2, as amended by PL 1993, c. 600, Pt. A, §24 and affected by §25, is further amended to read:
Sec. F-3. 30 MRSA §6212, sub-§3, as amended by PL 1993, c. 600, Pt. A, §24 and affected by §25, is further amended to read:
Seven Nine members constitute a quorum of the commission and a decision or action of the commission is not valid unless 5 7 members vote in favor of the action or decision.
Sec. F-4. Contingent effective date. This Part takes effect October 1, 2009 only if, within 90 days after the adjournment of the First Regular Session of the 124th Legislature, the Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Part, written certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part and written certification from the Governor and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.
PART G
Sec. G-1. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 30, in the Title headnote, the words “municipalities and counties” are amended to read “federally recognized Indian tribes” and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.