BILL REQ. #:  H-1285.1 

Read first time 02/01/11.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to providing for retrocession of criminal jurisdiction over Indians and Indian territory, reservations, country, and lands to the United States; and adding a new section to chapter 37.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 37.12 RCW to read as follows:
     (1) The state must retrocede to the United States the criminal jurisdiction previously acquired by the state over Indians and Indian territory, reservations, country, and lands in accordance with the requirements of this section.
     (2) To initiate the criminal jurisdiction retrocession process, a majority of any tribe, tribal council, or other governing body that is duly recognized by the United States bureau of Indian affairs must submit a retrocession resolution to the governor. The resolution must express the desire of the tribe, community, band, or group for the retrocession by the state of all or any measures or provisions of the criminal jurisdiction acquired by the state under RCW 37.12.010 and 37.12.030 over the Indians and Indian territory, reservations, country, and lands of such Indian tribe, community, band, or group.
     (3) Upon receiving a resolution under this section, the governor must issue within sixty days a proclamation retroceding to the United States the criminal jurisdiction previously acquired by the state over the Indians and Indian territory, reservations, country, and lands subject to the retrocession resolution.
     (4) The proclamation for retrocession does not become effective until it is accepted by a duly designated officer of the United States government and in accordance with the procedures established by the United States for the acceptance of such retrocession of jurisdiction.