HP0887, LD 1253, item 1, An Act To Allow Tribal Members a Choice of Venue

An Act To Allow Tribal Members a Choice of Venue

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 4 MRSA §105, sub-§2, as enacted by PL 1999, c. 731, Pt. ZZZ, §3 and affected by §42, is amended to read:

2. Exceptions to Superior Court's exclusive jurisdiction. The Superior Court does not have exclusive jurisdiction over matters for which:

A. Concurrent or exclusive jurisdiction is vested in the District Court; or

B. Concurrent jurisdiction is vested in the Supreme Judicial Court as provided in Title 14, section 5301 . ; or

C. Concurrent jurisdiction is vested in a tribal court as provided in Title 30, chapter 601.

Sec. 2. 4 MRSA §152, as amended by PL 2011, c. 542, Pt. A, §1; c. 614, §1; and c. 682, §38, is further amended by adding at the end a new paragraph to read:

Notwithstanding the designation of exclusive jurisdiction in this section, the District Court has concurrent jurisdiction with the tribal court as provided in Title 30, chapter 601.

Sec. 3. 30 MRSA §6209-A, sub-§2-A is enacted to read:

2-A. Concurrent jurisdiction. The Passamaquoddy Tribe has concurrent jurisdiction with the State over all criminal and civil actions as set out in this subsection in which the defendant is a member of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians, other than actions in which the Passamaquoddy Tribe has exclusive jurisdiction as provided in this section. If a criminal or juvenile action is commenced in state court, at the time of the first appearance for the criminal or juvenile action the defendant or juvenile may move the action to the Passamaquoddy Tribal Court by filing a motion to transfer the action. If a civil action is commenced in state court, the defendant may move the action to the Passamaquoddy Tribal Court by filing a motion at the first appearance or in the first filing by the defendant, whichever occurs first; both parties must agree in order for the civil action to be moved to the Passamaquoddy Tribal Court. If an action is commenced in the Passamaquoddy Tribal Court, the defendant may move the action to the state court by filing a motion to transfer the action at the time of the first appearance for a criminal or juvenile action and at the first appearance or in the first filing made by the defendant, whichever occurs first, for a civil action. The Passamaquoddy Tribe has concurrent jurisdiction with the State over:

A. Criminal offenses for which the maximum potential term of imprisonment is less than one year and the maximum potential fine does not exceed $5,000 and that are committed by a member of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation;

B. Juvenile crimes against a person or property involving conduct that, if committed by an adult, would fall within the jurisdiction under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection 1, paragraphs B and C, committed by a juvenile member of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation;

C. Civil actions between members of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation cognizable as small claims under the laws of the State, and civil actions against a member of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation under Title 22, section 2383;

D. Indian child custody proceedings to the extent authorized by applicable federal law; and

E. Domestic relations matters, including marriage, divorce and support, between members of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Penobscot Nation.

The governing body of the Passamaquoddy Tribe shall decide whether to exercise or terminate the exercise of the concurrent jurisdiction authorized by this subsection. If the Passamaquoddy Tribe chooses not to exercise, or chooses to terminate its exercise of, jurisdiction over the criminal, juvenile, civil and domestic matters described in this subsection, the State has exclusive jurisdiction over those matters. All laws of the State relating to criminal offenses and juvenile crimes apply.

Sec. 4. 30 MRSA §6209-B, sub-§1, ¶B, as corrected by RR 2009, c. 1, §19, is amended to read:

B. Juvenile crimes against a person or property involving conduct that, if committed by an adult, would fall within the exclusive jurisdiction of the Penobscot Nation under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection 1, paragraphs B and C, committed by a juvenile member of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation on the Indian reservation of the Penobscot Nation;

Sec. 5. 30 MRSA §6209-B, sub-§1, ¶¶C and E, as enacted by PL 1995, c. 388, §6 and affected by §8, are amended to read:

C. Civil actions between members of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation arising on the Indian reservation of the Penobscot Nation and cognizable as small claims under the laws of the State, and civil actions against a member of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation under Title 22, section 2383 involving conduct on the Indian reservation of the Penobscot Nation by a member of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation;

E. Other domestic Domestic relations matters, including marriage, divorce and support, between members of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation, both of whom reside on the Indian reservation of the Penobscot Nation.

Sec. 6. 30 MRSA §6209-B, sub-§2-A is enacted to read:

2-A. Concurrent jurisdiction. The Penobscot Nation has concurrent jurisdiction with the State over all criminal and civil actions as set out in this subsection in which the defendant is a member of any federally recognized Indian tribe, nation, band or other group, other than actions in which the Penobscot Nation has exclusive jurisdiction as provided in this section. If a criminal or juvenile action is commenced in state court, at the time of the first appearance for the criminal or juvenile action the defendant or juvenile may move the action to the Penobscot Tribal Court by filing a motion to transfer the action. If a civil action is commenced in state court, the defendant may move the action to the Penobscot Tribal Court by filing a motion at the first appearance or in the first filing by the defendant, whichever occurs first; both parties must agree in order for the civil action to be moved to the Penobscot Tribal Court. If an action is commenced in the Penobscot Tribal Court, the defendant may move the action to the state court by filing a motion to transfer the action at the time of the first appearance for a criminal or juvenile action and at the first appearance or in the first filing made by the defendant, whichever occurs first, for a civil action. The Penobscot Nation has concurrent jurisdiction with the State over:

A. Criminal offenses for which the maximum potential term of imprisonment does not exceed one year and the maximum potential fine does not exceed $5,000 and that are committed by a member of any federally recognized Indian tribe, nation, band or other group;

B. Juvenile crimes against a person or property involving conduct that, if committed by an adult, would fall within the jurisdiction of the Penobscot Nation under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection 1, paragraphs B and C, committed by a juvenile member of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation;

C. Civil actions between members of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation cognizable as small claims under the laws of the State, and civil actions against a member of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation under Title 22, section 2383;

D. Indian child custody proceedings to the extent authorized by applicable federal law; and

E. Domestic relations matters, including marriage, divorce and support, between members of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation.

The governing body of the Penobscot Nation shall decide whether to exercise or terminate the exercise of the concurrent jurisdiction authorized by this subsection. If the Penobscot Nation chooses not to exercise, or chooses to terminate its exercise of, jurisdiction over the criminal, juvenile, civil and domestic matters described in this subsection, the State has exclusive jurisdiction over those matters. All laws of the State relating to criminal offenses and juvenile crimes apply.

Sec. 7. 30 MRSA §6209-C, sub-§2-A is enacted to read:

2-A. Concurrent jurisdiction. The Houlton Band of Maliseet Indians has concurrent jurisdiction with the State over all criminal and civil actions as set out in this subsection in which the defendant is a member of any federally recognized Indian tribe, nation, band or other group, other than actions in which the Houlton Band of Maliseet Indians has exclusive jurisdiction as provided in this section. If a criminal or juvenile action is commenced in state court, at the time of the first appearance for a criminal or juvenile action the defendant or juvenile may move the action to the Houlton Band of Maliseet Indians Tribal Court by filing a motion to transfer the action. If a civil action is commenced in state court, the defendant may move the action to the Houlton Band of Maliseet Indians Tribal Court by filing a motion at the first appearance or in the first filing by the defendant, whichever occurs first; both parties must agree in order for the civil action to be moved to the Houlton Band of Maliseet Indians Tribal Court. If an action is commenced in the Houlton Band of Maliseet Indians Tribal Court, the defendant may move the action to the state court by filing a motion to transfer the action at the time of the first appearance for a criminal or juvenile action and at the first appearance or in the first filing made by the defendant, whichever occurs first, for a civil action. The Houlton Band of Maliseet Indians has concurrent jurisdiction with the State over:

B. Juvenile crimes against a person or property involving conduct that, if committed by an adult, would fall within the jurisdiction of the Houlton Band of Maliseet Indians under paragraph A, and juvenile crimes, as defined in Title 15, section 3103, subsection 1, paragraphs B and C, committed by a juvenile member of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation;

D. Indian child custody proceedings to the extent authorized by applicable federal law; and

E. Domestic relations matters, including marriage, divorce and support, between members of the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe or the Penobscot Nation.

The governing body of the Houlton Band of Maliseet Indians shall decide whether to exercise or terminate the exercise of the concurrent jurisdiction authorized by this subsection. If the Houlton Band of Maliseet Indians chooses not to exercise, or chooses to terminate its exercise of, jurisdiction over the criminal, juvenile, civil and domestic matters described in this subsection, the State has exclusive jurisdiction over those matters. All laws of the State relating to criminal offenses and juvenile crimes apply.

Sec. 8. Contingent effective date. This Act takes effect October 1, 2013 only if, within 90 days after the adjournment of the First Regular Session of the 126th Legislature, the Secretary of State receives written certification from the Houlton Band Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Act, written certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act and written certification from the Governor and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Act pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes.

SUMMARY

This bill provides that the jurisdiction over certain tribal members in civil and criminal actions is shared concurrently by the state courts and the tribal courts of the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians. An eligible defendant may move the action from the state court to the tribal court or from the tribal court to the state court at the beginning of the action. Both parties in a civil action must agree to transfer the action from the state court to the tribal court.

This bill also provides for consistent jurisdiction in the Penobscot Tribal Court over certain actions involving members of the Passamaquoddy Tribe, the Houlton Band of Maliseet Indians and the Penobscot Nation.

This legislation takes effect only if the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet Indians certify their approval.

HP0887 LD 1253	Session - 126th Maine Legislature		LR 1081 Item 1
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