2233-S AMH MCCO OSBO 037

SHB 2233 - H AMD 904

By Representative McCoy

ADOPTED 02/10/2012

    On page 3, after line 35, insert the following:

    "(10)(a) The provisions of this section do not affect the validity of any retrocession procedure commenced under RCW 37.12.100 through 37.12.140 prior to the effective date of this act.

    (b) Any Indian tribe that has commenced but not completed the retrocession procedure authorized in RCW 37.12.100 through 37.12.140 may request retrocession under this section in lieu of completing that procedure.

    (c) Any Indian tribe that has completed the retrocession procedure authorized in RCW 37.12.100 through 37.12.140 may use the process authorized in this section to request retrocession of any civil or criminal jurisdiction retained by the state under RCW 37.12.120 or 37.12.010.

    (c) The provisions of RCW 37.12.120 are not applicable to a civil and/or criminal retrocession that is accomplished in accordance with the requirements of this section."

EFFECT: 1) Clarifies that the provisions of this act do not affect the validity of any retrocession procedure commenced previously under RCW 37.12.100 through 37.12.140; 2) clarifies that any tribe may utilize the retrocession procedure authorized under this act in order to complete a pending retrocession process or to obtain retrocession with respect to any civil or criminal jurisdiction retained by the state following a previously completed partial retrocession; and 3) clarifies that RCW 37.12.120 is not applicable to a retrocession initiated under the authority of this act.      

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