Bill Text: IA SCR5 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A concurrent resolution requesting the Congress of the United States to repeal the federal Act of June 30, 1948, that conferred on the State of Iowa jurisdiction over offenses committed by or against Indians on the Meskwaki Settlement.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2015-06-03 - Message from House. S.J. 1082. [SCR5 Detail]
Download: Iowa-2015-SCR5-Introduced.html
Senate Concurrent Resolution 5 - Introduced PAG LIN SENATE CONCURRENT RESOLUTION NO. BY SODDERS and SCHNEIDER 1 1 A Concurrent Resolution requesting the Congress of 1 2 the United States to repeal the federal Act of 1 3 June 30, 1948, that conferred on the State of Iowa 1 4 jurisdiction over offenses committed by or against 1 5 Indians on the Meskwaki Settlement. 1 6 WHEREAS, the Sac and Fox Tribe of the Mississippi 1 7 in Iowa (the Meskwaki) is a federally recognized tribe 1 8 organized in accordance with Section 16 of the federal 1 9 Indian Reorganization Act of June 18, 1934, 48 Stat. 1 10 984, as amended by the federal Act of June 15, 1935, 49 1 11 Stat. 378, under a Constitution and Bylaws approved by 1 12 the Secretary of the Interior on December 20, 1937; and 1 13 WHEREAS, in 1857, the Meskwaki purchased 80 acres 1 14 in Tama County which was held in trust by the State of 1 15 Iowa as permitted by then Governor James Grimes and 1 16 for the next 30 years the Meskwaki governed themselves 1 17 virtually free from interference from both the federal 1 18 and state governments; and 1 19 WHEREAS, the jurisdictional status of the Meskwaki 1 20 during this period of time was unclear as the tribe was 1 21 recognized by the federal government but also had a 1 22 continuing relationship with the State of Iowa due to 1 23 the Meskwaki's private ownership of land which was held 1 24 in trust by the Governor of the State of Iowa; and 1 25 WHEREAS, in 1895, in order to clear up any 1 26 ambiguities, the State of Iowa ceded to the federal 1 27 government all jurisdiction over the Meskwaki with the 1 28 stipulation that nothing in the transfer of the tribal 2 1 lands would prevent the State of Iowa from exercising 2 2 jurisdiction over crimes against the laws of Iowa 2 3 committed either by Indians or others on the Meskwaki 2 4 Settlement; and 2 5 WHEREAS, during what is now known as the Indian 2 6 Termination Era, the United States government tried to 2 7 end its trusteeship over Indian reservations throughout 2 8 the country and in part passed the federal Act of June 2 9 30, 1948, which conferred jurisdiction over criminal 2 10 offenses committed on the Meskwaki Settlement to the 2 11 State of Iowa; and 2 12 WHEREAS, the federal Act of June 30, 1948, was 2 13 passed at a time when there was a perception that 2 14 there was lawlessness on the Meskwaki Settlement and 2 15 an absence of adequate tribal institutions for law 2 16 enforcement; and 2 17 WHEREAS, the passage of the federal Act of June 30, 2 18 1948, provided no federal funding to the State of Iowa 2 19 to assume this responsibility which has amounted to an 2 20 unfunded federal mandate and the resulting cost over 2 21 the years has been unfairly borne by the taxpayers of 2 22 Tama County; and 2 23 WHEREAS, in the past 67 years much has changed at 2 24 the federal, state, and tribal levels in the area of 2 25 criminal law enforcement and in the development of laws 2 26 in general on the Meskwaki Settlement; and 2 27 WHEREAS, the federal Tribal Law and Order Act of 2 28 2010, Pub. L. No. 111=211, authorized Indian tribes 2 29 to expand the prosecution and punishment of criminal 2 30 offenders if certain due process requirements were 3 1 followed; and 3 2 WHEREAS, Indian tribes have recently achieved more 3 3 authority to prosecute criminal offenses committed 3 4 on tribal lands as evidenced by the enactment of the 3 5 federal Violence Against Women Reauthorization Act 3 6 of 2013, Pub. L. No. 113=4, which for the first time 3 7 allowed tribal enforcement over non=natives who commit 3 8 domestic violence on tribal lands; and 3 9 WHEREAS, the State of Iowa was the first in the 3 10 nation to pass Native American grave protection 3 11 legislation, commonly known as the Iowa Graves 3 12 Protection Act, 1976 Iowa Acts, ch. 1158, {7, that 3 13 came into law before the federal version and before 3 14 the more recent passage of Iowa's Recognition and 3 15 Enforcement of Tribal Civil Judgments Act, 2007 Iowa 3 16 Acts, ch. 192, which followed the development of the 3 17 Meskwaki Tribal Court System in 2005, with its first 3 18 case being tried in 2006, and 2003 state legislation, 3 19 2003 Iowa Acts, ch. 87, recognizing the Meskwaki Tribal 3 20 Police and allowing them to participate in the Iowa Law 3 21 Enforcement Academy and to become state certified; and 3 22 WHEREAS, the Meskwaki has greatly enhanced at 3 23 its own expense the tribe's criminal justice system 3 24 and now provides a fully functioning court system 3 25 through the establishment of a state certified police 3 26 force, legally trained and licensed public defenders, 3 27 prosecutors and judges, and a full=time probation 3 28 officer, and provides for the publication of its tribal 3 29 laws; and 3 30 WHEREAS, the Iowa Coalition Against Sexual Assault 4 1 and the Iowa Coalition against Domestic Violence have 4 2 noted that the victims of domestic violence on the 4 3 Meskwaki Settlement prefer that prosecution and other 4 4 court services be handled by the tribal court of the 4 5 Meskwaki Settlement; NOW THEREFORE, 4 6 BE IT RESOLVED BY THE SENATE, THE HOUSE OF 4 7 REPRESENTATIVES CONCURRING, That the Iowa General 4 8 Assembly urges the members of the United States Senate 4 9 and the United States House of Representatives to 4 10 repeal the Act of June 30, 1948, Pub. L. No. 846, 4 11 62 Stat. 1161, which conferred on the State of Iowa 4 12 jurisdiction over offenses committed by or against 4 13 Indians on the Meskwaki Settlement and to take whatever 4 14 steps are necessary to achieve such a repeal; and 4 15 BE IT FURTHER RESOLVED, That upon passage of this 4 16 resolution, the Secretary of the Senate shall transmit 4 17 copies of this resolution to the President of the 4 18 United States Senate, the Speaker of the United States 4 19 House of Representatives, and the members of Iowa's 4 20 congressional delegation. LSB 2678XS (6) 86 jm/rj
