An Act to Require the State to Notify Indian Tribes and Indian Nations When New Laws Are Enacted That Need to Be Certified
Maine Legislature, Session 131, LD 1835
Committee Amendment CA_A_H853 (House)
Amends: 3 MRSA §601, 3 MRSA §602, 3 MRSA §603, 30 MRSA §6209-A, 30 MRSA §6209-B, 30 MRSA §7208

COMMITTEE AMENDMENT " J^» to H.P, 1167 L.D. 1835, "An Act to Require
the State to Notify Indian Tribes and Indian Nations When New Laws Are Enacted That
Need to Be Certified"
Amend the bill by striking out everything after the enactmg clause and inserting the
following:
-PART A
Sec. A-l. 3 MRSA §601, as amended by PL 1989, c. 148, §§1 and 4 and affected
by PL 2023, c. 369, Pt. A, §§2 and 5, is repealed and the following enacted in its place:
§601. Approval of legislation
This section aonlies when the agreement of an Indian tribe, nation or band to state
leeislation is required by the federal Maine Indian Claims Settlement Act of 1980. Public
Law 96-420. formerly codified at 25 United States Code. Section 1725re'): the federal
AroostookBand ofMicmacs Settlement Act. Public Law 102-171: or other act of Congress.
1. Definitions. As used in this section, unless the context otherwise indicates, the
followme terms have the followme meanings,
A^ "Indian tribe, nation or band means the Passamaauoddv Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation,
B. "Legislation" means state legislation to which this section applies.
2. Deadline for certifvine aereement. The legislation must expressly provide that it
will not take effect, in whole or in part, unle^^^ whose
agreementis required by federal law certifies its agreement to the legislation. Any deadline
included^ mthe legislation for the Indian tribe. nation or band to transmit the certificatiQn
of its agreement to the legislation to theSecretary_ofState in accordance with subsection 4
may not be less than 120 days after final adjournment of the legislative session during
whichthejegislation was enacted. For purposes of this section, legislation is enacted on
the date that the Governor signs the legislation, the date that the unsigned legislation has
5 the same force and effect pursuant to the Constitution of Maine. Article TV. Part Third.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^" to H.P. 1167, L.D. 1835
ROS3 Section 2 as if the Governor had signed it or the date that the Governor's veto of the
legislation is overridden,
3.JSotice. Within 15 business davs_after final adi ournment of a leeislative session._the
Secretary of State shall notify the chief or chiefs of an Indian tribe, nation or band, or the
person designated by the chief or chiefs pursuant to^^^^^^ of
legislation enacted during the legislative session for which the certification of the
agreement of the Indian tribe, nation or band is required by federal law. The notice must
infonn the chief or the chiefs desienee of the deadline. if any. set forth in the legislation
for transmittal of the certification of the apreement of the Indian tribe, nation or band in
accordance with subsection 4.
Between_60_ and 75 bysmess days after final adioumment of a leeislative session, the
Secretary of State shall send a 2nd notice to the person to whom the Secretary of State sent
an inrtial notice under this subsection identifyine each item of leeislation for which the
certification of the agreement of the Indian tribe, nation or band is required by federal law
but has not been received. The notice must inform the person of the deadline, if any. set
forth in each item of legislation for transmittal of the certification of the agreement of the
Indiantribe, nation or band in accordance with subsection 4.
4. Certification of aereement. The chief or chiefs of an Indian tribe, nation or band
whose agreementisrequired by federal law, or the person designated by the chief or chiefs
pursuant to section 602 or 603. may certify the agreement of the Indian tribe. nation or band
to the legislation in writing tothe Secretary of State. The_certification must state the date
andjnanner in which the Indian tribe, nation or band agrc^^
facie evidence of agreement if submitted in accordance with the requirements of this
subsection^n^w^^^ if any. established in accordance with
subsection 2. The Secretary of State shall transmit certified comes^ of the c^^ of
agreementto the Secretary of the Senate, theClerk of the House of Representatives and the
Revisor of Statutes,
Sec. A-2. 3 MRSA §602, as amended by PL 1985, c. 672, §§1 and 4, is repealed
and the following enacted in its place:
8602. Desienees: notification to Secretary of State
The Chief of the Penobscot Nation and the Chief of the Houlton Band of Maliseet
2 Indians may each designate, and the Chief of the Passamaauoddv Tribe at Sipayik and the
Chief of the Passamaauoddv Tribe at Motahkomikuk may jointly designate. by name and
title, a person to whom the Secretary of State must send anY notices reguired undeLsection
601. subsection 3 and who is authorized to certify an agreement to legislation in accordance
with_section 601, subsection 4, The designation, if any. must be in writine and fileclwjth
the Secretary of State, The Secretary of State shall transmit certified copies of each
8 designation to the Secretary of the Senate, the Clerk of the House of Representatives and
the Revisor of Statutes, A designation remains in effect until the Chief of the Penobscot
Natignor_the Chief ofthe HoultonBand ofMaliseet Indians rescinds the designation or
makes a new designation or until the Chief of the Passamaqiioddv^Tribe at Sipavik and the
Chief of the Passamaauoddv Tribe at Motahkomikuk jointly rescind the designation or
jointly make a new designation.
Page2-131LR1580(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to H.P, 1167, L.D, 1835
,ROS. Sec. A-3. 3 MRSA §603, as enacted by PL 1989, c. 148, §§2 and 4 and amended
' "^ by PL 2023, c. 369, Pt. A, §4 and affected by c, 369, Pt, A, §§2 and 5, is repealed and the
following enacted in its place:
§603. Mi'kmaa Nation desienee; notification to Secretary of State
The Chief of the M.i'tanaa Nation may designate, by name and title, a personlowhom
the Secretary of State must send any notices required under section 601. subsection 3 and
who is authorized to certify an agreement to leeislationjn_accQrdance.with section 601,
subsection 4. A designation. if any. must be in writing and filed with the Secretary of State.
The Secretary of State shall transmit certified copies of the designation to the Secretary of
the Senate, the Clerk of the House of Representatives and the Revisor of Statutes. The
desienation remains in effect until the Chief of the Mi'kmaa Nation rescmds the designation
onnakes ajiew designation,
PART B
Sec. B-l. PL 2023, c. 369, Pt. C, §6 is amended to read:
Sec. C-6. Contingent effective date. This Part takes effect 45& 150 days after
adjournment of the First Special Second Regular Session of the 131st Legislature only if,
within 90 120 days after adjournment of the First Special Second Regular Session of the
131st Legislature, the Secretaiy of State receives written certification from the Governor
and the Council Chief of the Penobscot Nation, o^the chiefs^desienee under the Maine
Revised Stahites. Title 3. section 602. that the nation has agreed to the provisions of this
Part, copies of which must be submitted by the Secretary of State to the Secretaiy of the
Senate, the Clerk of the House of Representatives and the Revisor of Statutes.
Sec. B-2. PL 2023, c. 369, Pt. E, §5 is amended to read:
Sec. E-5. Contingent effective date. This Part takes effect 430 150 days after
adjournment of the First Special Second Regular Session of the 131st Legislature only if?
within 90 days after adjournment of the First Special Seoaion of the 131st Legislaturo, tho
Secretary of State reooives written oertifioation from the Joint Tribal Council of the
Passamaquoddy Tribe that the tribe has agreed to the provisions of this Part and from the
Governor and the Council of the Penobsoot Nation that the nation has agreed to the
provisiona ofthiQ Part, 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.i
1. Notwithstanding the M^ine Revised Statutes, Title 3, section 601, subsection 2,
within 90 days after adjournment of the First Suecial Session of the 131st Legislature, the
Secretary of State receives written certification from the Joint Tribal Council of the
Passamaauoddv Tribe that the tribe has agreed to them'QvMonsoftMs Part, copies of
which must be submitted by the Secretary of State to the Secretary of the Senate. the Clerk
7 ofthe House of Representatives and the Revisor of Statutes; and
2. Within 120 days after adjournment of the Second Regular Session of the 131st
Legislature, the Secretary of State receives written certification from the Chief of the
Penobscot Nation, or the chief s desienee under the Maine Revised Statutes. Title 3 , section
602. that the nation has agreed to the provisions of this Part. copies of which must be
submitted by the Secretary of State to the Secretary of the Senate, the Clerk ofthe House
efRepresentatives and the Revisor of Statutes.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " fV to H.P, 1167, L,D, 1835
Sec. B-3. PL 2023, c. 370, §2 is amended to read:
^Q§^ Sec. 2. Contingent effective date. This Act takes effect ISO 150 days after
adjournment of the First Special Second Regular Session of the 131st Legislature only if,
within 90 120 days after adjournment of the First Spooial Second Regular Session of the
131st Legislature, the Secretary of State receives written certification from the Joint Tribal
Council Chief of the Passamaauoddv Tribe at Sipayik and the Chief of the Passamaauoddv
Tribe at Motahkomikuk. or the chiefs' designeeunder the Maine Revised Statutes. Title 3.
section 602. that the tribe has agreed to the provisions of this Act; from the Governor and
the Council Cjuef of the Penobscot Nation, or the chiefs designee under Title 3. section
602. that the nation has agreed to the provisions of this Act; and from the Houlton Band
Council Chief of the Houlton Band ofMaliseet Indians, or the chiefs designee under Title
3. section 602, that the band has agreed to the provisions of this Act, copies of which must
be submitted by the Secretaiy of State to the Secretary of the Senate, the Clerk of the House
of Representatives and the Revisor of Statutes.
PART C
Sec. C-l. 30 MRSA §6209-A, sub-§l-A, as enacted by PL 2019,c. 621, Ft. D, §2
and affected by §5, is amended to read;
1-A. Concurrent jurisdiction over certain criminal offenses. The Passamaquoddy
Tribe has the right to exercise jurisdiction, concurrently with the State, over the following
Class D crimes committed by a person on the Passamaquoddy Indian Reservation or on
lands taken into trust by the secretary for the benefit of the Passamaquoddy Tribe, now or
m the future, for which the potential maximum term of imprisonment does not exceed one
year and the potential fine does not exceed $2,000: Title 17-A, sections 207-A, 209-A,
210-B, 210-C and 211-A sad. Title 19-A, section 4113 and Title 19-A. former section 4011,
The concurrent jurisdiction authorized by this subsection does not include an offense
committed by a juvenile or a crimmal offense committed by a person who is not a member
of any federally recognized Indian tribe, nation, band or other group against the person or
property of a person who is not a member of any federally recognized Indian tribe, nation,
band or other group.
The governing body of the Passamaquoddy Tribe shall decide whether to exercise or
terminate the exercise of jurisdiction authorized by this subsection. Notwithstanding
subsection 2, the Passamaquoddy Tribe may not deny to any criminal defendant prosecuted
under this subsection the right to a jury of 12, the right to a unanimous jury verdict, the
rights and protections enumerated in 25 United States Code, Sections 1302(a), 1302(c),
13 03 and 13 04(d) and all other rights whose protection is necessary under the United States
6 Constitution in order for the State to authorize concurrent jurisdiction under this subsection,
If a criminal defendant prosecuted under this subsection moves to suppress statements on
the ground that they were made involuntarily, the prosecution has the burden to prove
beyond a reasonable doubt that the statements were made voluntarily.
In exercising the concurrent jurisdiction authorized by this subsection, the Passamaquoddy
Tribe is deemed to be enforcing Passamaquoddy tribal law. The definitions of the crimmal
offenses and the punishments applicable to those criminal offenses over which the
Passamaquoddy Tribe has concurrent jurisdiction under this subsection are governed by
the laws of the State. Issuance and execution of criminal process also are governed by the
laws of the State.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " (Q-" to H,P, 1167, L,D. 1835
Sec. C-2. Contingent effective date. This Part takes effect 150 days after
R.OS, adjournment of the Second Regular Session of the 131st Legislature only if, within 120
""^^ri days after adjournment of the Second Regular Session of the 131st Legislature, the
Secretary of State receives written certification from the Chief of the Passamaquoddy Tribe
at Sipayik and the Chief of the Passamaquoddy Tribe at Motahkomikuk, or the chiefs'
designee under the Maine Revised Statutes, Title 3, section 602, that the Passamaquoddy
Tribe has agreed to the provisions of this Part, copies of which must be submitted by the
Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives
and the Revisor of Statutes.
PART D
Sec. D-l. 30 MRSA §6209-B, sub-§l-A, as enacted by PL 2019, c. 621, Pt, C, §1
and affected by §4, is amended to read:
1-A. Concurrent jurisdiction over certain criminal offenses. The Penobscot Nation
has the right to exercise jurisdiction, concurrently with the State, over the following Class
D crimes committed by a person on the Penobscot Indian Reservation or on lands taken
mto trust by the secretary for the benefit of the Penobscot Nation now or in the future, for
which the potential maximum term of imprisonment does not exceed one year and the
potential fine does not exceed $2,000: Title 17-A, sections 207-A, 209-A, 210-B, 210-C
and 211-A ^ Title 19-A, section 4113 and Title 19-A. former section 4011. The
concurrent jurisdiction authorized by this subsection does not include an offense committed
by a juvenile or a criminal offense committed by a person who is not a member of any
federally recognized Indian tribe, nation, band or other group against the person or property
of a person who is not a member of any federally recognized Indian tribe, nation, band or
other group.
The governing body of the Penobscot Nation shall decide whether to exercise or terminate
the exercise of jurisdiction authorized by this subsection. Notwithstanding subsection 2,
the Penobscot Nation may not deny to any criminal defendant prosecuted under this
subsection the right to a jury of 12, the right to a unanimous jury verdict, the rights and
protections enumerated in 25 United States Code, Sections 1302(a), 1302(c), 1303 and
1304(d) and all other rights whose protection is necessary under the United States
Constitiition in order for the State to authorize concurrent jurisdiction under this subsection,
If a criminal defendant prosecuted under this subsection moves to suppress statements on
the ground that they were made involuntarily, the prosecution has the burden to prove
beyond a reasonable doubt that the statements were made voluntarily.
In exercising the concurrent jurisdiction authorized by this subsection, the Penobscot
Nation is deemed to be enforcing Penobscot tribal law. The definitions of the criminal
offenses and the punishments applicable to those criminal offenses over which the
Penobscot Nation has concurrent jurisdiction under this subsection are governed by the
laws of the State. Issuance and execution of criminal process also are governed by the laws
of the State,
Sec. D-2. Contingent effective date. This Part takes effect 150 days after
adjournment of the Second Regular Session of the 131st Legislature only if, within 120
days after adjournment of the Second Regular Session of the 131st Legislature, the
Secretary of State receives written certification from the Chief of the Penobscot Nation, or
the chiefs designee under the Maine Revised Statutes, Title 3, section 602, that the nation
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " f^ " to H.P. 1167, L.D. 1835
has agreed to the provisions of this Part, copies of which must be submitted by the Secretaiy
of State to the Secretary of the Senate, the Clerk of the House of Representatives and the
Revisor of Statutes.
PART E
Sec. E-l. 30 MRSA §7208, sub-§2, as enacted by PL 1989,c.148, §§3 and 4 and
affected by PL 2023, c.369,Pt. A,§§2 and 5, is amended to read:
2. Concurrent jurisdiction over certain criminal offenses. The Mi'kmaq Nation
has the right to exercise jurisdiction, concurrently with the State, over the following Class
D crimes committed by a person within Mi'kmaq Nation Jurisdiction Land or on lands
taken into trust by the secretary for the benefit of the Mi'kmaq Nation, now or in the future,
for which the potential maximum term of imprisonment does not exceed one year and the
potential fine does not exceed $2,000: Title 17-A, sections 207-A, 209-A, 210-B, 210-C
and 211-A aa4 Title 19-A, section 4113 and Title 19-A. former section 4011. The
concurrent jurisdiction authorized by this subsection does not include an offense committed
by a juvenile or a criminal offense committed by a person who is not a member of any
federally recognized Indian tribe, nation, band or other group against the person or property
of a person who is not a member of any federally recognized Indian tribe, nation, band or
other group.
The governing body of the Mi'kmaq Nation shall decide whether to exercise or terminate
the exercise of jurisdiction authorized by this subsection. Notwithstanding subsection 3,
the Mi'kmaq Nation may not deny to any criminal defendant prosecuted under this
subsection the right to a jury of 12, the right to a unanimous jury verdict, the rights and
protections enumerated in 25 United States Code, Sections 1302(a), 1302(c), 1303 and
1304(d) and all other rights whose protection is necessaiy under the United States
Constitution in order for the State to authorize concurrent jurisdiction under this subsection.
If a criminal defendant prosecuted under this subsection moves to suppress statements on
the ground that they were made involuntarily, the prosecution has the burden to prove
beyond a reasonable doubt that the statements were made voluntarily,
In exercising the concurrent jurisdiction authorized by this subsection, the Mi'kmaq Nation
is deemed to be enforcing Mi'kmaq tribal law. The definitions of the crimmal offenses and
the punishments applicable to those criminal offenses over which the Mi'kmaq Nation has
concurrent jurisdiction under fhis subsection are governed by the laws of the State. Issuance
and execution of criminal process also are governed by the laws of the State.
Sec. E-2. Contingent effective date. This Part takes effect 150 days after
adjournment of the Second Regular Session of the 131st Legislature only if, within 120
days after adjournment of the Second Regular Session of the 131st Legislature, the
Secretaiy of State receives written certification from the Chief of the Mi'kmaq Nation, or
the chiefs designee under the Maine Revised Statutes, Title 3, section 603, that the
Mi'kmaq Nation has agreed to the provisions of this Part, copies of which must be
submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House
of Representatives and the Revisor of Statutes.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " (\." to H.P. 1167, L.D. 1835
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill.
Part A requires the Secretary of State, within 15 business days after the final
adjournment of a legislative session, to notify the chiefs of the Penobscot Nation, the
Passamaquoddy Tribe, the Houlton Band of Maliseet Indians or the Mi'kmaq Nation, or
the relevant designees, of each item of legislation enacted during the legislative session
that, pursuant to federal law, will not take effect unless the Secretary of State receives
written certification that the nation, tribe or band agrees to the legislation. The notice must
inform the chief or designee of each nation, tribe or band of any deadline included in the
legislation for transmittal of a written certification of agreement; the deadline may not be
less than 120 days after final adjournment of the legislative session, The Secretary of State
must send a 2nd notice between 60 and 75 business days after final adjournment of the
legislative session to the chief or designee of each nation, tribe or band, identifying each
item of legislation for which a certification of agreement from the nation, tribe or band has
not been received.
Part B extends the deadline for the Chief of the Penobscot Nation, or the chiefs
designee, to certiiy the nation's agreement to Public Law 2023, chapter 369, Parts C and
E, An Act to Amend the Laws Regarding the Mi'kmaq Nation and to Provide Parity to the
Wabanaki Nations. It also extends the deadline for the Chief of the Penobscot Nation or
the chiefs designee, the Chief of the Passamaquoddy Tribe at Sipayik and the Chief of the
Passamaquoddy Tribe at Motahkomikuk or the chiefs' designee and the Chief of the
Houlton Band of Maliseet Indians or the chiefs designee to certify their respective
agreements to Public Law 2023, chapter 370, An Act Regarding the Maine Indian Tribal-
State Commission.
Parts C, D and E correct cross-references to the protection from abuse statutes.
Because Parts C, D and E amend An Act to Implement the Maine Indian Claims Settlement,
commonly known as the Maine Implementing Act, and the Mi'kmaq Nation Restoration
Act, the effectiveness of Parts C, D and E is contingent on the agreement of the
Passamaquoddy Tribe, the Penobscot Nation and the Mi'kmaq Nation, respectively.
0 FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/27/24 ^^^
LD 1835 LR 1580(02)
An Act to Require the State to Notify Indian Tribes and Indian Nations When New Laws Are
Enacted That Need to Be Certified
Fiscal Note for Bill as Amended by Committee Amendment "^ /u_i
Committee: Judiciary
Fiscal Note Required; Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Secretary of State associated with this legislation are expected to be mir
and can be absorbed within existing budgeted resources.
LR1580(02i - Fiscal Note - Page 1 of 1