An Act To Improve Tribal-State Relations
Sec. 1. 30 MRSA §6206, sub-§4 is enacted to read:
This subsection is repealed July 1, 2016.
Sec. 2. 30 MRSA §6206-C is enacted to read:
§ 6206-C. Freedom of access laws not applicable
The Houlton Band of Maliseet Indians is not subject to any requirements of the State's freedom of access laws, Title 1, chapter 13, if the band adopts and has in force a freedom of access ordinance certified by the Secretary of State to be equivalent to Title 1, chapter 13 with respect to the band's meetings and documents. Upon passing a freedom of access ordinance, the Houlton Band of Maliseet Indians may submit the ordinance to the Secretary of State, who shall review the ordinance and either certify it as meeting the requirements of this section or provide to the band a description of how the ordinance may be modified to satisfy the requirements of this section.
This section is repealed July 1, 2016.
Sec. 3. Contingent effective date; certification. The provisions of this Act do not take effect except as follows.
1. Penobscot Nation; Passamaquoddy Tribe. That section of this Act that enacts the Maine Revised Statutes, Title 30, section 6206, subsection 4 does not take effect unless, within 60 days of the adjournment of the First Regular Session of the 125th Legislature, the Secretary of State receives written certification by the Tribal Chief and Council of the Penobscot Nation and the Joint Tribal Council of the Passamaquoddy Tribe that the nation and tribe have agreed to the provision of this Act that enacts Title 30, section 6206, subsection 4 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 of Representatives and the Revisor of Statutes, except that in no event may that section of this Act that enacts Title 30, section 6206, subsection 4 become effective until 90 days after the adjournment of the First Regular Session of the 125th Legislature.
2. Houlton Band of Maliseet Indians. That section of this Act that enacts the Maine Revised Statutes, Title 30, section 6206-C does not take effect unless, within 60 days of the adjournment of the First Regular Session of the 125th Legislature, the Secretary of State receives written certification by the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provision of this Act that enacts Title 30, section 6206-C 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 of Representatives and the Revisor of Statutes, except that in no event may that section of this Act that enacts Title 30, section 6206-C become effective until 90 days after the adjournment of the First Regular Session of the 125th Legislature.
summary
This bill allows the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians to adopt ordinances, determined by the Secretary of State to be equivalent to the State's freedom of access laws, that will exempt them from the State’s freedom of access laws. The authorization is subject to approval of the respective tribe, nation or band and is repealed July 1, 2016.