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1999 Maine Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagme0027 and id is 1 raw text is: 99-1 ANDREW KETr1RER REIONAL OmCuS: ATTORNEY GENERAL ATTOREY GEERAL84 HARLOW ST., 2ND FLOOR jW BANGOR. MAINE 04401 TEL: (20?) 941-3070 FAX: (207) 941-3075 Telephone: (207) 6269800 STATE OF MAINE 44 OAK STREET. 4T FLOOR FAX:(207)287-3145 DEPARTMENT OF THE ATToRNEY GENERAL PORTLAND. MAINE 04101-3014 TDD: [207) 626-8865 6 STATE HOUSE STATION TEL: (207) 822-0260 FA: (207) 822-0259 AUGUSTA, MAINE 04333-0006 TDD: (877) 428-8800 November 16, 1999 The Honorable Chellie Pingree Maine State Senate P.O. Box 243 North Haven, Maine 04853 The Honorable Richard H. Thompson Maine House of Representatives Route 11 P.O. Box 711 Naples, Maine 04055 Dear Senator Pingree and Representative Thompson: This will respond to your letter dated August 30, 1999 in which you have sought the opinion of this Office on several questions pertaining to the work of the Committee to Address the Recognition of the Tribal Government Representatives of Maine's Sovereign Nations in the Legislature, which was created and authorized by a Joint Order of the 119m Maine Legislature. As articulated in the Joint Order, the Committee is to conduct a study addressing the issue of the recognition of Maine's Tribal Government Representatives in the Maine Legislature. The questions raised in your August 30, 1999 letter all relate to what privileges may be granted to the Tribal Government Representatives of the Penobscot Nation and the Passamaquoddy Tribe in the Maine Legislature. By way of background, we would note that there are only two substantive statutory provisions dealing with the Tribal Government Representatives of the Penobscot Nation and the Passamaquoddy Tribe.' Title 3 M.R.S.A. § 1 provides that the tribal clerks of both the Penobscot Indian Nation and the Passamaquoddy Tribe shall furnish to the clerk of the House of Representatives a certification of the name and residence of the Representative-Elect of the Indian Tribal Representative to the Legislature. Title 3 M.R.S.A. § 2 sets the amount of Prior to the enactment of the Maine Indian Claimf Settlement Act, there were statutes relating to tribal elections for the Penobscot Nation and the Passamaquoddy Tribe. 22 M.R.S.A. §§ 4792 and 4831(1980). These provisions, however, were repealed by the law enacting the Maine Indian Claims Settlement Act. P.L. 1979, c. 732, § 18. Printed on Recycled Paper

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