An Act To Change the Membership of the Maine Indian Tribal-State Commission To Add Seats for the Houlton Band of Maliseet Indians and the State
Maine Legislature, Session 123, LD 0373
Committee: Judiciary
Sponsors: SHERMAN, SIMPSON, BENOIT, RA YE, CLEARY, LORING
Amends: 30 MRSA §6212

Legislative Document 
No. 373 
S.P.117 
January 25, 2007 
An Act To Change the Membership of the Maine Indian Tribal-
State Commission To Add Seats for the Houlton Band of Maliseet 
Indians and the State 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator SHERMAN of Aroostook. 
Cosponsored by Representative SIMPSON of Auburn and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BENOIT of Sagadahoc, RA YE of Washington, Representatives: CLEARY of 
Houlton, LORING of the Penobscot Nation. 
Prinkd nn ft'(.;ydet..i pa~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30 MRSA §6212, sub-§l, as amended by PL 1993, c. 600, Pt. A, §24 and 
as affected by §25, is further amended to read: 
1. Commission created. The Maine Indian Tribal-State Commission is established. 
The commission consists of 9 II members, -4- .Q 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 
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death, resignation or disability of a member, the appointing authority may fill the vacancy 
for the unexpired term. 
Sec. 2. 30 MRS A §6212, sub-§2, as amended by PL 1993, c. 600, Pt. A, §24 and 
as affected by §25, is further amended to read: 
IS 
2. Chair. The commission, by a majority vote of its & .ll members, shall select an 
individual who is a resident of the State to act as chair. When & .ll 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 gs't'emsrs 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. In the 
event of the death, resignation or disability of the chair, the commission may select, by a 
majority vote of its & .ll remaining members, a new chair. When the commission is 
unable to select a chair within 120 days of the death, resignation or disability, the 
Governor, after consulting with the gS't'emsrs 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. 3. 30 MRSA §6212, sub-§3, as amended by PL 1993, c. 600, Pt. A, §24 and 
as affected by §25, is further amended to read: 
3. Responsibilities. 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. 
Sewft Nine members constitute a quorum of the commission and a decision or action of 
the commission is not valid unless.§.l members vote in favor of the action or decision. 
Sec. 4. Contingent effective date. This Act does not take effect unless, within 
days after the adjournment of the First Regular Session of the 123rd Legislature, the 
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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 by the Tribal Chief and the Council of the Penobscot Nation that the 
nation has agreed to the provisions of this Act and written certification by the Joint Tribal 
Council of the Passamaquoddy Tribe that the tribe has agreed to the provisions of this Act 
pursuant to the United States Code, Title 25, Section I 725(e)(2), 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, except that in no event may this Act take effect until 90 days 
after adjournment of the Legislature. 
SUMMARY 
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This bill expands membership in the Maine Indian Tribal-State Commission to create 
new seats for the Houlton Band of Maliseet Indians and to add 2 additional seats for the 
State in order to maintain parity between the tribes and the State. The bill also establishes 
a new quorum and decision threshold reflecting the increase in its membership. The bill 
will not take effect until approved by the Legislature, the Houlton Band of Maliseet 
Indians, the Passamaquoddy Tribe and the Penobscot Nation.