Whereas, this Act must take effect before the expiration of the 90-day period in order to protect the welfare of Maliseet children; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 30 MRSA §6209-B, sub-§1, ¶D, as enacted by PL 1995, c. 388, §6 and affected by §8, is amended to read:

D. Indian child custody proceedings, including proceedings that involve a member of the Houlton Band of Maliseet Indians until such time as the Houlton Band of Maliseet Indians has its own tribal court, to the extent authorized by applicable federal law; and

Sec. 2. Effective date; certification. This Act does not take effect unless the Secretary of State receives written certification by the Tribal Chief and the Council of the Penobscot Nation that the nation has agreed to the provisions of this Act pursuant to 25 United States Code, Section 1725(e), and written certification by the Tribal Chief and Council of the Houlton Band of Maliseet Indians that the band has agreed to the provisions of this Act. Copies of both certifications 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.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved, except as otherwise indicated.

SUMMARY

This bill grants exclusive jurisdiction to the Penobscot Nation Tribal Court over Indian child custody proceedings that involve a member of the Houlton Band of Maliseet Indians until such time as the Houlton Band of Maliseet Indians has its own tribal court.