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Bill would make state laws presumptively inapplicable to tribal lands unless the law says otherwise
Summary
Senate Bill 61, supported by both Ute nations and La Plata County after negotiated amendments, would direct courts to presume state statutes do not apply on tribal lands unless the statute explicitly references the tribe or its land. Advocates said the change reduces recurring jurisdictional conflicts and the need for case-by-case carve-outs.
Senate Bill 61 passed the Senate Judiciary Committee on March 7 with unanimous support after sponsors and tribal leaders negotiated clarifying amendments.
Sponsor Senator Simpson said the measure creates a rule of statutory construction: when the state passes a law that purports to apply statewide, courts should presume it does not apply to a tribe or tribal entities on tribal lands unless the statute explicitly mentions the tribe or tribal land. "The rule says that…
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