FINAL BILL REPORT
SSB 6736
C 108 L 88
BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Nelson, Halsan and McMullen)
Changing jurisdiction over tribal lands.
Senate Committee on Law & Justice
House Committe on Judiciary
SYNOPSIS AS ENACTED
BACKGROUND:
According to a 1953 law, criminal and civil jurisdiction over Indian lands is transferred from federal to state government. The state is made responsible for such things as law enforcement. However, the Quileute, Chehalis and Swinomish Tribes have provided funds for their own police forces for several years. There have been severe problems protecting the people on the Indian reservations due to inadequate funding and the isolated location. The Colville Tribe in eastern Washington retroceded from full tribal jurisdiction in 1986 and now has the assistance of federal grants to improve law enforcement.
SUMMARY:
A procedure is authorized for the retrocession of criminal jurisdiction over Indians to the Quileute, Chehalis and Swinomish Tribes for acts occurring on tribal lands or allotted lands within the three Indian reservations. The jurisdiction of the tribes is not expanded over non-Indians or private property and there is no effect on water rights, hunting and fishing rights or any established pattern of civil jurisdiction existing on the lands of Quileute, Chehalis or Swinomish Indian reservations.
When the governor receives a resolution from the Quileute, Chehalis or Swinomish tribes stating their desire for the retrocession by the state of all or any measure of 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.
VOTES ON FINAL PASSAGE:
Senate 49 0
House 98 0
EFFECTIVE:June 9, 1988