Chapter 697
H.P. 1587 - L.D. 2221
PART A
Sec. A-1. 30 MRSA §6209-C  is enacted to read:
1. Exclusive jurisdiction over certain matters.
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Except as provided in subsections 3 and 4, the Houlton Band of Maliseet Indians has the right to exercise exclusive jurisdiction, separate and distinct from 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 on the Maliseet Indian territory by a member of any federally recognized Indian tribe, nation, band or other group, except when committed against a person who is not a member of any federally recognized Indian tribe, nation, band or other group or against the property of a person who is not 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 exclusive 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 to D, committed by a juvenile member of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians on the Maliseet Indian territory;
C. Civil actions between members of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians arising on the Maliseet Indian territory and cognizable as small claims under the laws of the State, and civil actions against a member of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians under Title 22, section 2383 involving conduct on the Maliseet Indian territory by a member of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians;
D. Indian child custody proceedings to the extent authorized by applicable federal law; and
E. Other domestic relations matters, including marriage, divorce and support, between members of the Passamaquoddy Tribe, the Penobscot Nation or the Houlton Band of Maliseet Indians, both of whom reside within the Maliseet Indian territory.
The governing body of the Houlton Band of Maliseet Indians shall decide whether to exercise or terminate the exercise of the exclusive jurisdiction authorized by this subsection. Until the Houlton Band of Maliseet Indians notifies the Attorney General that the band has decided whether to exercise the exclusive jurisdiction over criminal, juvenile, civil and domestic matters described in this subsection, the State has exclusive jurisdiction over those matters. 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. Except as provided in paragraphs A and B, all laws of the State relating to criminal offenses and juvenile crimes apply within the Maliseet Indian territory and the State has exclusive jurisdiction over those offenses and crimes.
2. Definitions of crimes; tribal procedures.
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In exercising its exclusive jurisdiction under subsection 1, paragraphs A and B, the Houlton Band of Maliseet Indians is deemed to be enforcing tribal law of the Houlton Band of Maliseet Indians. The definitions of the criminal offenses and juvenile crimes and the punishments applicable to those criminal offenses and juvenile crimes over which the Houlton Band of Maliseet Indians has exclusive jurisdiction under this section are governed by the laws of the State. Issuance and execution of criminal process are also governed by the laws of the State. The procedures for the establishment and operation of tribal forums created to effectuate the purposes of this section are governed by federal statute, including, without limitation, the provisions of 25 United States Code, Sections 1301 to 1303 and rules and regulations generally applicable to the exercise of criminal jurisdiction by Indian tribes on federal Indian reservations.
3. Lesser included offenses in state courts.
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In any criminal proceeding in the courts of the State in which a criminal offense under the exclusive jurisdiction of the Houlton Band of Maliseet Indians constitutes a lesser included offense of the criminal offense charged, the defendant may be convicted in the courts of the State of the lesser included offense. A lesser included offense is as defined under the laws of the State.
4. Double jeopardy, collateral estoppel.
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A prosecution for a criminal offense or juvenile crime over which the Houlton Band of Maliseet Indians has exclusive jurisdiction under this section does not bar a prosecution for a criminal offense or juvenile crime, arising out of the same conduct, over which the State has exclusive jurisdiction. A prosecution for a criminal offense or juvenile crime over which the State has exclusive jurisdiction does not bar a prosecution for a criminal offense or juvenile crime, arising out of the same conduct, over which the Houlton Band of Maliseet Indians has exclusive jurisdiction under this section. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a tribal forum does not constitute collateral estoppel in a criminal or juvenile proceeding conducted in a state court. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a state court does not constitute collateral estoppel in a criminal or juvenile proceeding conducted in a tribal forum.
Sec. A-2. 30 MRSA §6212, sub-§1,  as amended by PL 1993, c. 600, Pt. A, §24 and affected by §25, is further amended to read:
1. Commission created.
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The Maine Indian Tribal-State Commission is established. The commission consists of 9 13 members, 4 6 to be appointed by the Governor, subject to review by the Joint Standing Committee on Judiciary and to confirmation by the Legislature, 2 to be appointed by the Houlton Band of Maliseet Indians, 2 to be appointed by the Passamaquoddy Tribe, 2 to be appointed by the Penobscot Nation and a chair, to be selected in accordance with subsection 2. The members of the commission, other than the chair, each serve for a term of 3 years and may be reappointed. In the event of the death, resignation or disability of a member, the appointing authority may fill the vacancy for the unexpired term.
Sec. A-3. 30 MRSA §6212, sub-§2,  as amended by PL 1993, c. 600, Pt. A, §24 and affected by §25, is further amended to read:
2. Chair.
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The commission, by a majority vote of its 8 12 members, shall select an individual who is a resident of the State to act as chair. When 8 members of the commission by majority vote are unable to select a chair within 120 days of the first meeting of the commission, the Governor, after consulting with the governors of the Penobscot Nation and the Passamaquoddy Tribe, shall appoint an interim chair for a period of one year or for the period until the commission selects a chair in accordance with this section, whichever is shorter. In the event of the death, resignation , replacement or disability of the chair, the commission may select, by a majority vote of its 8 12 remaining members, a new chair. When the commission is unable to select a chair within 120 days of the death, resignation , replacement or disability, the Governor, after consulting with the governors chiefs of the Houlton Band of Maliseet Indians, the Penobscot Nation and the Passamaquoddy Tribe, shall appoint an interim chair for a period of one year or for the period until the commission selects a chair in accordance with this section, whichever is shorter. The chair is a full-voting member of the commission and, except when appointed for an interim term, shall serve for 4 years.
Sec. A-4. 30 MRSA §6212, sub-§3,  as amended by PL 1993, c. 600, Pt. A, §24 and affected by §25, is further amended to read:
3. Responsibilities.
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In addition to the responsibilities set forth in this Act, the commission shall continually review the effectiveness of this Act and the social, economic and legal relationship between the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation and the State and shall make such reports and recommendations to the Legislature, the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation as it determines appropriate. Seven Nine members constitute a quorum of the commission and a decision or action of the commission is not valid unless 5 7 members vote in favor of the action or decision.
Sec. A-5. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 30, in the Title headnote, the words "municipalities and counties" are amended to read "municipalities, counties and federally recognized Indian tribes" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. A-6. Contingent effective date. This Part takes effect 120 days after adjournment of the First Special Session of the 123rd Legislature only if, within 90 days after the adjournment of the First Special Session of the 123rd 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 Part, written certification from the Tribal Chief and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Part and written certification from the Joint Tribal Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part 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.