SENATE BILL REPORT

SB 6100

BYSenators Conner and Talmadge

Reestablishing tribal jurisdiction over crimes committed by members of the tribe within the tribal reservation.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1988

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 12, 1988

AS PASSED SENATE, FEBRUARY 11, 1988

BACKGROUND:

Public Law 280, enacted in 1953, transferred criminal and civil jurisdiction over Indian lands from federal to state government.  However, even though the state is responsible for such things as law enforcement, according to P.L. 280, the Quileute Tribe has provided funds for its own police force since 1973.  The state has had severe problems protecting the people on the Quileute Indian Reservation due to inadequate funding and the isolated location.  The Quileutes expect to see a considerable loss of revenue due to a depressed economy.  The Colvilles in eastern Washington retroceded from full Public Law 280 jurisdiction in 1986 and funding for law enforcement now comes from the federal government. 

SUMMARY:

The intent of the Legislature is clarified such that a procedure is authorized for the retrocession to the Quileute Tribe of criminal jurisdiction over Indians for acts occurring on tribal lands or allotted lands within the Quileute Indian reservation.  The jurisdiction of the Quileute Tribe is not expanded over non-Indians or private property and has no effect on water rights, hunting and fishing rights or any established pattern of civil jurisdiction existing on the lands of Quileute Indian reservation.

When the Governor receives a resolution from the Quileutes stating their desire for the retrocession by the state of all or any measure of the criminal jurisdiction, the Governor may within 90 days issue a proclamation retroceding to the United States the criminal jurisdiction previously acquired by the state over such reservation.  Until an officer of the United States government accepts the retrocession according to federal law, the proclamation shall not become effective.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 29, 1988

Senate Committee - Testified: Senator Paul Conner; Senator Patrick McMullen; Nancy Wilburn, Swinomish Council member; Larry Yonally, Chief of Police, La Conner; Rance Sutton, Police Chief of the Swinomish Tribe; Bruce Haley, Law Enforcement Administrator for the Swinomish Tribe; Robert Joe, Sr., Chairman of the Swinomish Tribe; Allan Olson, Attorney for the Swinomish Tribe; Dan Engelbertson, Clallam County; Gene Joseph, Colville Tribe; Percy Youckton, Chehalis Tribe; Betty Martin, Quileute Tribe; Mary Murphy, League of Women Voters; Michelle Aguilar, Governor's Office of Indian Affairs; Walter Jackson, Quileute Tribe