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2012 House Bill 2233: Creating a procedure for the state's retrocession of civil and criminal jurisdiction over Indian tribes and Indian country
Introduced by Rep. John McCoy (Tulalip) (D) on January 9, 2012
Establishes for a method for the state to cede civil and criminal authority over Indian tribes to the federal government. Tribal requests for retrocession must be submitted to the Governor, who must meet with tribal leaders to discuss their request. The Governor has one year to approve or deny the request, unless other conditions are met. This act allows for public congressional hearings on a tribe’s retrocession request. (Companion Bill: SB 6147).   Official Text and Analysis.
Referred to the House State Government & Tribal Affairs Committee on January 9, 2012
Substitute offered in the House on January 26, 2012
Requires a tribe to include as part of its retrocession proposal information about its plan regarding its exercise of jurisdiction following the proposed retrocession; grants both the tribe and the Governor unilateral authority to extend the one year retrocession decision deadline by another six months; requires that in the event the Governor denies the retrocession proposal he or she must provide written reasons to the tribe, but eliminates the requirement that the Governor provide comprehensive, detailed factual findings in support of such denial; and eliminates the section of the bill establishing automatic approval of the retrocession proposal if the Governor fails to approve or deny the proposal within the one year deadline.
Referred to the House Rules Committee on January 31, 2012
Amendment offered by Rep. John McCoy (Tulalip) (D) on February 10, 2012
Clarifies that the provisions of this act do not affect the validity of any retrocession procedure commenced previously under current law; clarifies that any tribe may utilize the retrocession procedure authorized under this act in order to complete a pending retrocession process or to obtain retrocession with respect to any civil or criminal jurisdiction retained by the state following a previously completed partial retrocession; and clarifies that RCW 37.12.120 is not applicable to a retrocession initiated under the authority of this act.
The amendment passed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Requires the Governor to consult with elected officials from the affected municipalities.
The amendment passed by voice vote in the House on February 10, 2012
Amendment offered by Rep. Jason Overstreet, (Blaine) (R) on February 10, 2012
Requires the Governor to publicize in accordance with specified requirements any proposed interlocal agreements between the tribe and affected municipalities relating to the proposed retrocession; and requires the Governor to hold public hearings regarding the proposed retrocession in the affected counties.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. Jason Overstreet, (Blaine) (R) on February 10, 2012
Requires that a retrocession proposal be approved by the voters in the affected area before the Governor may forward a proclamation approving the retrocession to the federal government; and establishes election requirements with respect to a retrocession ballot measure.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. Matt Shea (Spokane Valley) (R) on February 10, 2012
Prohibits the gubernatorial approval of a tribe's retrocession request if the tribe has pending court cases involving the state or any of its subdivisions, agencies, contractors, or subsidiaries.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Requires a tribe's retrocession resolution to include: (1)the identification of the government services currently provided by state or county authorities which will be transferred to the Indian tribe upon approval of the proposed retrocession; (2) an outline of the tribe's plan for the provision of similar services to all citizens within the area subject to retrocession and identify the source of funding for such services; and (3) specified information regarding the tribe's service plan.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Prohibits the gubernatorial approval of retrocession unless the tribe can demonstrate that post-retrocession tribal law enforcement services will meet specified minimum standards with respect to training and overall level of service.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Eliminates the one hundred twenty day time limit applicable to conducting legislative hearings regarding the proposed retrocession; recommends that legislative hearings occur only after specified interlocal agreements are made public; and eliminates language establishing that legislative recommendations are not binding on the Governor and are of no legal effect.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Requires the Governor to secure from the tribe seeking retrocession an indemnification agreement holding the state harmless for any harm or damages resulting from the service transition.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Authorizes a registered voter residing in the area subject to a proposed retrocession to initiate an electoral process to recall a retrocession approved by the Governor; establishes procedural requirements for the recall process; and establishes that once the recall process is set in motion, the Governor may not forward a retrocession proclamation to the federal government unless a majority of the voters in the retrocession area vote in favor of the proposed retrocession.
The amendment failed by voice vote in the House on February 10, 2012
Amendment offered by Rep. David Taylor (Moxee) (R) on February 10, 2012
Requires the Governor to obtain from the tribe a waiver of its sovereign immunity with respect to liabilities resulting from the jurisdictional transfer following retrocession.
The amendment failed by voice vote in the House on February 10, 2012
Creates a procedure by which the state may retrocede to the federal government criminal and/or civil jurisdiction over Indian tribes located in the State of Washington. Requires the state to retain the civil jurisdiction necessary for the civil commitment of sexually violent predators.
Received in the Senate on February 13, 2012
Referred to the Senate Government Operations, Tribal Relations & Elections Committee on February 13, 2012
Amendment offered in the Senate on February 16, 2012
Makes clarifications and technical changes. Adds provisions specifying that a retrocession will not abate any action or proceeding filed with any court or agency of state or local government preceding the effective date of the retrocession.
The amendment passed by voice vote in the Senate on February 28, 2012
Referred to the Senate Rules Committee on February 17, 2012
Amendment offered by Sen. Jim Honeyford (Grandview) (R) on February 28, 2012
Adds a new section to chapter 37.12 RCW providing that nothing in that chapter may be construed to authorize any tribal authority over non-Indian persons or non-Indian owned fee lands.
The amendment failed by voice vote in the Senate on February 28, 2012
Amendment offered by Sen. Jim Honeyford (Grandview) (R) on February 28, 2012
States that all tribal court decisions over non-Indian persons are appealable to state courts.
The amendment failed by voice vote in the Senate on February 28, 2012
Amendment offered by Sen. Val Stevens, (R-Arlington) (R) on February 28, 2012
States that plans or interlocal agreements cannot expand tribal jurisdiction over non-Indians or non-Indian owned fee lands.
The amendment failed by voice vote in the Senate on February 28, 2012
Amendment offered by Sen. Curtis King (Yakima) (R) on February 28, 2012
Requires a Governor's proclamation that addresses motor vehicle operations to include a certification that certain actions have been completed regarding the operation of motor vehicles.
The amendment passed by voice vote in the Senate on February 28, 2012
Received in the House on March 3, 2012
Failed by voice vote in the House on March 3, 2012
Received in the Senate on March 5, 2012
Amendment offered by Sen. Craig Pridemore, (D-Vancouver) (D) on March 5, 2012
Makes clarifications and technical changes. Adds a provision specifying that a retrocession will not abate any action or proceeding filed with any court or agency of state or local government preceding the effective date of the retrocession. For any retrocession proclamation addressing operation of motor vehicles upon public roadways, the Governor must consider whether: (1) The affected tribe has interlocal agreements with neighboring jurisdictions, including applicable state transportation agencies, that address uniformity of motor vehicle operations over Indian country; (2) there is a tribal traffic policing agency that will ensure safe operation of motor vehicles in Indian country; (3) the affected tribe has traffic codes and courts; and (4) there are appropriate traffic control devices sufficient to maintain safety of public roadways.
The amendment passed by voice vote in the Senate on March 5, 2012
Received in the House on March 6, 2012
Signed by Gov. Christine Gregoire on March 19, 2012
Creates a procedure by which the state may retrocede to the federal government criminal and/or civil jurisdiction over Indian tribes located in the State of Washington. Requires the state to retain the civil jurisdiction necessary for the civil commitment of sexually violent predators. Establishes that retrocession will not abate any action or proceeding filed with any court or agency of state or local government preceding the effective date of the retrocession.