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S1086......................................................by STATE AFFAIRS
SHOSHONE-BANNOCK INDIAN TRIBES - Adds to existing law to return to the
Shoshone-Bannock tribes and the United States of America all criminal and
civil jurisdiction previously acquired by the state over activities
occurring on the Fort Hall Indian Reservation; and to provide limitations
regarding taxation.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 30-4-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson,
Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Twiggs, Wheeler,
Whitworth
NAYS--Deide, Ipsen, Riggs, Sorensen
Absent and excused--Parry
Floor Sponsor - Wheeler
Title apvd - hld for reconsideration
03/12 To 14th Ord
03/17 Tabled
S1086|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1086 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO STATE JURISDICTION IN INDIAN COUNTRY; AMENDING CHAPTER 51, TITLE 3 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5104, IDAHO CODE, TO 4 RETROCEDE TO THE SHOSHONE-BANNOCK TRIBES AND THE UNITED STATES OF AMERICA 5 ALL CRIMINAL AND CIVIL JURISDICTION PREVIOUSLY ACQUIRED BY THE STATE OVER 6 ACTIVITIES OCCURRING ON THE FORT HALL INDIAN RESERVATION, TO PROVIDE LIMI- 7 TATIONS REGARDING TAXATION AND TO PROVIDE AN EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 51, Title 67, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 67-5104, Idaho Code, and to read as follows: 12 67-5104. RETROCESSION OF CIVIL AND CRIMINAL JURISDICTION -- SHOSHONE- 13 BANNOCK TRIBES OF THE FORT HALL INDIAN RESERVATION. (1) Pursuant to title 25, 14 section 1323, of the United States Code, the state of Idaho hereby retrocedes 15 to the Shoshone-Bannock tribes and the United States of America all criminal 16 and civil jurisdiction previously acquired by the state under the provisions 17 of section 7 of the act of August 15, 1953, 67 Stat. 588, and section 67-5101, 18 Idaho Code, over activities occurring on the Fort Hall Indian Reservation. 19 (2) Nothing in this section shall be construed to enhance or reduce the 20 authority of the Shoshone-Bannock tribes or the state of Idaho, or any politi- 21 cal subdivision thereof, to tax any property or activities within the Fort 22 Hall Indian Reservation. 23 (3) This act shall be effective on the date of acceptance by the secre- 24 tary of the interior pursuant to Executive Order No. 11435 of November 21, 25 1968, (33 FR 17339).
STATEMENT OF PURPOSE
RS08727
This law would return seven areas of civil and criminal
jurisdiction taken by the State of Idaho in 1953 over the Fort
Hall Indian Reservation to the Shoshone-Bannock Tribes and the
United States of America. The seven areas include:
(1) Compulsory school attendance
(2) Juvenile delinquency and youth rehabilitation
(3) Dependent, neglected and abused children
(4) Insanities and mental illness
(5) Public assistance
(6) Domestic relations
(7) Operation and management of motor vehicles upon highways
and roads maintained by the county or state, or political
subdivisions thereof
Presently, the State of Idaho shares jurisdiction over these
seven areas with The Shoshone-Bannock Tribal Government and the
United States of America. After enactment of this bill, the
State of Idaho will no longer be responsible for these seven
areas of civil and criminal jurisdiction on the Fort Hall Indian
Reservation. Thereafter, the Shoshone-Bannock Tribes and the
United States of America will have full responsibility over
these subject areas. This bill will simply place the Shoshone-Bannock Tribes in a situation similar to most other Indian
tribes in the United States.
This bill only affects civil and criminal jurisdiction over
Indians. It does not vary or modify existing laws governing over
non-Indians. The bill retains neutrality on tax issues.
This bill is presented at the request of the Shoshone-Bannock
Tribes and it has the full support of the Fort Hall Business
Council, the governing body of the Shoshone-Bannock Tribes.
FISCAL NOTE
This bill will save the State of Idaho and its political
subdivisions several hundred thousand dollars each year. Costs
relating to the seven subject areas mentioned above will be
picked up by the Shoshone-Bannock Tribes and the United States
of America.
CONTACT: Larry Echohawk (801)378-4001
Sen. Moon Wheeler (208)332-1409
STATEMENT OF PURPOSE/ FISCAL NOTE S1086