SENATE BILL REPORT

SB 6736

BYSenators Pullen, Talmadge, Nelson, Halsan and McMullen

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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 5, 1988

Majority Report:     That Substitute Senate Bill 6736 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Lidia Mori (786-7418)

                February 9, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 5, 1988

BACKGROUND:

Public Law 280, enacted in 1953, transferred criminal and civil jurisdiction over Indian lands from federal to state government.  According to PL 280, the state is responsible for such things as law enforcement; however, the Chehalis and Swinomish Tribes have provided funds for their own police forces for several years.  The state has had 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 Public Law 280 jurisdiction in 1986 and now have the assistance of federal grants to improve their law enforcement. 

SUMMARY:

The intent of the Legislature is clarified such that a procedure is authorized for the retrocession to the Chehalis and Swinomish Tribes of criminal jurisdiction over Indians for acts occurring on tribal lands or allotted lands within the two Indian reservations. The jurisdiction of the tribes 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 Chehalis or Swinomish Indian reservations.

When the governor receives a resolution from the 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.

EFFECT OF PROPOSED SUBSTITUTE:

The Quileute Indian Tribe is added to the retrocession provisions of the bill.

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 of 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 Aquilar, Governor's Office of Indian Affairs; Walter Jackson, Quileute Tribe.