Senate committee adopts rule to presume state laws do not apply on tribal lands

The Senate Judiciary Committee unanimously approved Senate Bill 61 on Monday, a measure that would establish a presumption in state law: when the state enacts a law that purports to apply statewide, the law is presumed not to apply to tribal governments or tribally controlled entities for actions on tribal lands unless the statute expressly says otherwise.

Vice Chairman Marvin Pinnikus of the Southern Ute Indian Tribe and other tribal leaders told the committee the change would reduce repeated, bill-by-bill negotiations and help avoid confusion about jurisdiction. "This bill does not change jurisdiction within our reservation boundaries. It does not change jurisdiction in the state outside our reservation. It merely establishes a presumptive rule of construction that reflects well established principles of federal Indian law," Pinnikus said.

Senator Simpson, sponsor of SB61, said the measure was crafted following Tribal consultation and work with La Plata County and counsel for both Colorado tribes. The bill initially focused on the Southern Ute reservation in La Plata County; sponsors and tribal counsel worked to craft narrowly focused language and add two amendments (L1 and L2) to clarify definitions and the rule of construction.

Supporters said the proposal improves legislative clarity and respects tribal sovereignty without changing criminal or civil jurisdiction. "This bill is a direct reflection of that consideration," Pinnikus added, asking lawmakers to adopt the agreed language.

The committee adopted both L1 and L2 and voted 7-0 to advance SB61; sponsors asked that the bill be placed on the consent calendar for the Senate.