Public Laws

124th Legislature

First Regular Session


Parts: A B C D E F G

Chapter 384

H.P. 967 - L.D. 1377

PART E

Sec. E-1. 30 MRSA §6209-A, sub-§1,  as amended by PL 2009, c. 93, §14, is further amended to read:

1. Exclusive jurisdiction over certain matters.   Except as provided in subsections 3 and 4, the Passamaquoddy Tribe 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 is less than one year and the maximum potential fine does not exceed $5,000 and that are committed on the Indian reservation of the Passamaquoddy Tribe by a member of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation, except when committed against a person who is not a member of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation or against the property of a person who is not a member of either 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 exclusive jurisdiction of the Passamaquoddy Tribe 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 reservation of the Passamaquoddy Tribe;
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 Passamaquoddy Tribe 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 Passamaquoddy Tribe by a member of either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation;
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 either the Passamaquoddy Tribe , the Houlton Band of Maliseet Indians or the Penobscot Nation, both of whom reside within the Indian reservation of the Passamaquoddy Tribe.

The governing body of the Passamaquoddy Tribe shall decide whether to exercise or terminate the exercise of the exclusive 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. Except as provided in paragraphs A and B, all laws of the State relating to criminal offenses and juvenile crimes apply within the Passamaquoddy Indian reservation and the State has exclusive jurisdiction over those offenses and crimes.

Sec. E-2. 30 MRSA §6209-C, sub-§1-A  is enacted to read:

1-A Exclusive jurisdiction over Passamaquoddy Tribe members.   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 Houlton Band Jurisdiction Land by a member of the Passamaquoddy Tribe against a member or property of a member of those federally recognized Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton Band of Maliseet Indians under this subsection, and by a member of those federally recognized Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton Band of Maliseet Indians under this subsection against a member or the property of a member of the Passamaquoddy Tribe;
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 and C, committed by a juvenile member of the Passamaquoddy Tribe on the Houlton Band Jurisdiction Land;
C Civil actions between a member of those federally recognized Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton Band of Maliseet Indians under this subsection and members of the Passamaquoddy Tribe arising on the Houlton Band Jurisdiction Land and cognizable as small claims under the laws of the State and civil actions against a member of the Passamaquoddy Tribe under Title 22, section 2383 involving conduct on the Houlton Band Jurisdiction Land by a member of the Passamaquoddy Tribe;
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 either those federally recognized Indian tribes otherwise subject to the exclusive jurisdiction of the Houlton Band of Maliseet Indians under this subsection or the Passamaquoddy Tribe, both of whom reside on the Houlton Band Jurisdiction Land.

The Houlton Band of Maliseet Indians may assert, terminate or reassert exclusive jurisdiction over these areas as described in subsection 1.

Sec. E-3. Contingent effective date. This Part takes effect 30 days after the Secretary of State receives the written certifications under subsection 3, except that in no event may this Part become effective before October 1, 2009, only if:

1. The Houlton Band of Maliseet Indians approves Part B as provided in Part B, section 2;

2. The Houlton Band of Maliseet Indians, the Passamaquoddy Tribe and the Penobscot Nation approve Part C as provided in Part C, section 2; and

3. 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 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.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333