Passed by the House March 6, 2012 Yeas 59   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 5, 2012 Yeas 42   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2233 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved March 19, 2012, 1:32 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 19, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to creating a procedure for the state's retrocession of civil and criminal jurisdiction over Indian tribes and Indian country; and adding new sections 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 process by which the state may retrocede to the United
States all or part of the civil and/or criminal jurisdiction previously
acquired by the state over a federally recognized Indian tribe, and the
Indian country of such tribe, must be accomplished in accordance with
the requirements of this section.
(2) To initiate civil and/or criminal retrocession the duly
authorized governing body of a tribe must submit a retrocession
resolution to the governor accompanied by information about the tribe's
plan regarding the tribe's exercise of jurisdiction following the
proposed retrocession. The resolution must express the desire of the
tribe for the retrocession by the state of all or any measures or
provisions of the civil and/or criminal jurisdiction acquired by the
state under this chapter over the Indian country and the members of such
Indian tribe. Before a tribe submits a retrocession resolution to
the governor, the tribe and affected municipalities are encouraged to
collaborate in the adoption of interlocal agreements, or other
collaborative arrangements, with the goal of ensuring that the best
interests of the tribe and the surrounding communities are served by
the retrocession process.
(3) Upon receiving a resolution under this section, the governor
must within ninety days convene a government-to-government meeting with
either the governing body of the tribe or duly authorized tribal
representatives for the purpose of considering the tribe's retrocession
resolution. The governor's office must consult with elected officials
from the counties, cities, and towns proximately located to the area of
the proposed retrocession.
(4) Within one year of the receipt of an Indian tribe's
retrocession resolution the governor must issue a proclamation, if
approving the request either in whole or in part. This one-year
deadline may be extended by the mutual consent of the tribe and the
governor, as needed. In addition, either the tribe or the governor may
extend the deadline once for a period of up to six months. Within ten
days of issuance of a proclamation approving the retrocession
resolution, the governor must formally submit the proclamation to the
federal government in accordance with the procedural requirements for
federal approval of the proposed retrocession. In the event the
governor denies all or part of the resolution, the reasons for such
denial must be provided to the tribe in writing.
(5) Within one hundred twenty days of the governor's receipt of a
tribe's resolution requesting civil and/or criminal retrocession, but
prior to the governor's issuance of the proclamation approving or
denying the tribe's resolution, the appropriate standing committees of
the state house and senate may conduct public hearings on the tribe's
request for state retrocession. The majority leader of the senate must
designate the senate standing committee and the speaker of the house of
representatives must designate the house standing committee. Following
such public hearings, the designated legislative committees may submit
advisory recommendations and/or comments to the governor regarding the
proposed retrocession, but in no event are such legislative
recommendations binding on the governor or otherwise of legal effect.
(6) The proclamation for retrocession does not become effective
until it is approved by a duly designated officer of the United States
government and in accordance with the procedures established by the
United States for the approval of a proposed state retrocession.
(7) The provisions of RCW 37.12.010 are not applicable to a civil
and/or criminal retrocession that is accomplished in accordance with
the requirements of this section.
(8) For any proclamation issued by the governor under this section
that addresses the operation of motor vehicles upon the public streets,
alleys, roads, and highways, the governor must consider the following:
(a) Whether the affected tribe has in place interlocal agreements
with neighboring jurisdictions, including applicable state
transportation agencies, that address uniformity of motor vehicle
operations over Indian country;
(b) Whether there is a tribal traffic policing agency that will
ensure the safe operation of motor vehicles in Indian country;
(c) Whether the affected tribe has traffic codes and courts in
place; and
(d) Whether there are appropriate traffic control devices in place
sufficient to maintain the safety of the public roadways.
(9) The following definitions apply for the purposes of this
section:
(a) "Civil retrocession" means the state's act of returning to the
federal government the civil jurisdiction acquired over Indians and
Indian country under federal Public Law 280, Act of August 15, 1953, 67
Stat. 588 (codified as amended at 18 U.S.C. Sec. 1162, 25 U.S.C. Secs.
1321-1326, and 28 U.S.C. Sec. 1360);
(b) "Criminal retrocession" means the state's act of returning to
the federal government the criminal jurisdiction acquired over Indians
and Indian country under federal Public Law 280, Act of August 15,
1953, 67 Stat. 588 (codified as amended at 18 U.S.C. Sec. 1162, 25
U.S.C. Secs. 1321-1326, and 28 U.S.C. Sec. 1360);
(c) "Indian tribe" means any federally recognized Indian tribe,
nation, community, band, or group;
(d) "Indian country" means:
(i) All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the
reservation;
(ii) All dependent Indian communities with the borders of the
United States whether in the original or subsequently acquired
territory thereof, and whether within or without the limits of a state;
and
(iii) All Indian allotments, the Indian titles to which have not
been extinguished, including rights-of-way running through the same.
NEW SECTION. Sec. 2 A new section is added to chapter 37.12 RCW
to read as follows:
A civil or criminal retrocession accomplished pursuant to the
procedure set forth in section 1 of this act does not:
(1) Affect the state's civil jurisdiction over the civil commitment
of sexually violent predators pursuant to chapter 71.09 RCW and the
state must retain such jurisdiction notwithstanding the completion of
the retrocession process authorized under section 1 of this act; and
(2) Abate any action or proceeding which has been filed with any
court or agency of the state or local government preceding the
effective date of the completion of a retrocession authorized under
section 1 of this act.
NEW SECTION. Sec. 3 A new section is added to chapter 37.12 RCW
to read as follows:
(1) The provisions of section 1 of this act 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 section.
(2) 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 section 1 of this act in lieu of
completing that procedure.
(3) Any Indian tribe that has completed the retrocession procedure
authorized in RCW 37.12.100 through 37.12.140 may use the process
authorized under section 1 of this act to request retrocession of any
civil or criminal jurisdiction retained by the state under RCW
37.12.120 or 37.12.010.
(4) 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 section 1 of this act.