Legislative Document No. 1709 H.P. 1221 House of Representatives, May 9, 2019
An Act To Amend the Act To Implement the Maine Indian Claims Settlement
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative COLLINGS of Portland. Cosponsored by President JACKSON of Aroostook.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 2 MRSA §11 is enacted to read: 3 §11. Communication with congressional delegation on legislation affecting tribes
4 1. Active communications with congressional delegation. The Governor or the 5 Governor's designee shall maintain active communications with the State's congressional 6 delegation concerning legislation introduced in the United States Senate or the United 7 States House of Representatives for the benefit of Indians, Indian nations or tribes or 8 bands of Indians that would affect or preempt the application of the laws of this State, 9 including application of the laws of the State to lands owned by or held in trust for 10 Indians or Indian nations, tribes or bands of Indians as provided in the United States 11 Code, Title 25, chapter 19, subchapter II.
12 2. Reports. Beginning October 15, 2019, the Governor or the Governor's designee 13 shall submit a report within 10 days of receipt of information that legislation identified in 14 subsection 1 has been introduced. Beginning January 15, 2020, the Governor or the 15 Governor's designee shall submit an annual report that contains information about 16 legislation identified in subsection 1, including its disposition, that was introduced within 17 the preceding calendar year. The reports must be submitted to the President of the 18 Senate, the Speaker of the House of Representatives, the Attorney General and the Chair 19 of the Maine Indian Tribal-State Commission.
20 Sec. 2. 30 MRSA §6204, as enacted by PL 1979, c. 732, §§1 and 31, is repealed. 21 Sec. 3. 30 MRSA §6206, sub-§§1 and 2, as enacted by PL 1979, c. 732, §§1 and 22 31, are amended to read:
23 1. General Powers. Except as otherwise provided in this Act, the Passamaquoddy 24 Tribe and the Penobscot Nation, within their respective Indian territories, shall have, 25 exercise and enjoy all the rights, privileges, powers and immunities, including, but 26 without limitation, the power to enact ordinances and collect taxes, and shall be subject to 27 all the duties, obligations, liabilities and limitations of a municipality of and subject to the 28 laws of the State, provided, however, that internal tribal matters, including membership in 29 the respective tribe or nation, the right to reside within the respective Indian territories, 30 tribal organization, tribal government, tribal elections and the use or disposition of 31 settlement fund income shall not be subject to regulation by the State. The 32 Passamaquoddy Tribe and the Penobscot Nation shall designate such officers and 33 officials as are necessary to implement and administer those laws of the State applicable 34 to the respective Indian territories and the residents thereof of a sovereign. Any resident 35 of the Passamaquoddy Indian territory or the Penobscot Indian territory who is not a 36 member of the respective tribe or nation nonetheless shall be is equally entitled to receive 37 any municipal or governmental services provided by the respective tribe or nation or by 38 the State, except those services which that are provided exclusively to members of the 39 respective tribe or nation pursuant to state or federal law, and shall be are entitled to vote 40 in national, state and county elections in the same manner as any tribal member residing 41 within Indian territory.
Page 1 - 129LR1941(01)-1 1 2. Power to sue and be sued. The Passamaquoddy Tribe, and the Penobscot Nation 2 and their members may sue and be sued in the courts of the State to the same extent as 3 any other entity or person in the State provided, however, that the respective tribe or 4 nation and its the officers and employees shall be of the Passamaquoddy Tribe and the 5 Penobscot Nation are immune from suit when the respective tribe or nation is acting in its 6 governmental capacity to the same extent as any municipality or like officers or 7 employees thereof within of the State.
8 Sec. 4. 30 MRSA §6208, sub-§3, as amended by PL 1985, c. 672, §§3 and 4, is 9 repealed.
10 Sec. 5. Contingent effective date. Except for section 1, which takes effect 90 11 days after adjournment of the First Regular Session of the 129th Legislature, this Act 12 takes effect 120 days after adjournment of the First Regular Session of the 129th 13 Legislature only if, within 90 days after the adjournment of the First Regular Session of 14 the 129th Legislature, the Secretary of State receives written certification from the 15 Governor and the Council of the Penobscot Nation that the nation has agreed to the 16 provisions of section 2 of this Act and written certification from the Joint Tribal Council 17 of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act, with 18 the exception of section 1, pursuant to 25 United States Code, Section 1725(e), copies of 19 which must be submitted by the Secretary of State to the Secretary of the Senate, the 20 Clerk of the House and the Revisor of Statutes.
21 SUMMARY 22 Current law provides that federal laws adopted after October 10, 1980 for the benefit 23 of Indians, Indian nations or tribes or bands of Indians that would affect or preempt the 24 application of the laws of this State, including application of the laws of the State to lands 25 owned by or held in trust for Indians or Indian nations, tribes or bands of Indians do not 26 apply within this State unless the subsequently enacted federal law is specifically made 27 applicable within this State.
28 This bill directs the Governor or the Governor's designee to maintain active 29 communications with all the members of the Maine congressional delegation about the 30 introduction of any such legislation in the United States Senate or the United States 31 House of Representatives. The Governor or the Governor's designee is required to submit 32 a report within 10 days of the introduction of such legislation to the President of the 33 Senate, the Speaker of the House of Representatives, the Attorney General and the Chair 34 of the Maine Indian Tribal-State Commission. In addition, the Governor or the 35 Governor's designee is required to submit an annual report about such legislation, 36 including its status and disposition. The information in the reports will assist the 37 President of the Senate, Speaker of the House, Attorney General and Maine Indian 38 Tribal-State Commission in deciding how to work with the Maine congressional 39 delegation to ensure the tribes in Maine are included in federal legislation when 40 appropriate.
41 This bill amends the Act to Implement the Maine Indian Claims Settlement to 42 specifically state that the Passamaquoddy Tribe and the Penobscot Nation have the same
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