CLICS/CLICS2024A/commsumm.nsf
PUBLIC
BILL SUMMARY For PRESENTATION BY THE SOUTHERN UTE TRIBE
INTERIM COMMITTEE AMERICAN INDIAN AFFAIRS INTERIM STUDY COMMITTEE
Date Jul 8, 2024
Location SCR 357
Presentation by the Southern Ute Tribe - Committee Discussion Only
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11:00:39 AM |
Chairman Melvin J.
Baker, David Smith, and Tom Shipps, all representing the Southern Ute Indian
Tribe, joined the committee to discuss the issues facing the Southern Ute
Indian Tribe. Chairman Baker presented recent Colorado legislation that
has impacted the tribe. The panel also discussed the tribe's legislative
priorities including changes to gambling laws, amendments to the Indian
Child Welfare Act (ICWA), and land and water preservation.
The presenters explained how the Southern Ute Indian Tribe has intergovernmental
agreements with counties, local, state, and federal governments regarding
land, water, and road access; oil and gas regulations; social services;
and other areas. As a result, they would like a general exclusion from
all future legislation that does not expressly mention tribes or reservations
regarding land and water use.
The presenters also discussed how they have had challenges with some counties
enforcing tribal warrants and commitment orders due to a perceived gap
in state law regarding this matter. The Southern Ute Indian Tribe representatives
stated they would like to see legislation requiring the recognition of
tribal warrants and commitment orders, meaning that they have the same
effect as orders of any court of record in Colorado.
The Southern Ute Tribe representatives recognized that Senate Bill 23-211
incorporated some aspects of ICWA into state law, but they would like for
all tribes to be notified when their children are involved in the child
welfare system.
Lastly, the presenters discussed sports betting. The presenters explained
that the Southern Ute Tribe has a gaming compact with the state that authorizes
the tribe to participate in gambling up to a certain level without paying
taxes. They further discusssed how when the state authorized sports betting
in Colorado, the Southern Ute Tribe understood this to extend to them as
well. The state clarified that the Southern Ute Tribe was not authorized
to participate in sports betting and in order to participate they would
need to provide a ten percent tax on sports betting transactions. The presenters
expressed that they believe that this conflicts with the compact between
the Southern Ute Tribe and the state.
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