SB 1160: Trespass: gaming facility on Indian lands.

Existing law makes it a misdemeanor to commit a trespass by engaging in specified acts, including entering any lands for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.

This bill would additionally make it a misdemeanor to commit a trespass by entering a gaming facility, as defined, on the Indian lands of a federally recognized Indian tribe after receiving an order of exclusion from the designated agency of the tribal government, as defined. The bill would require the tribe to first obtain a decision from the Tribal Labor Panel established by the tribal labor relations ordinance appended to the tribes tribal-state gaming compact or the tribes secretarial procedures stating that the order of exclusion does not conflict with the rights created by the ordinance or a labor contract applicable to the gaming facility if the order of exclusion prohibits a labor organization or its representative from entering an area of the gaming facility to which it is granted access for the purpose of organizing eligible employees. tribe, if the order of exclusion pertains to a labor organization or its representatives or eligible employees engaged in otherwise lawful labor activity, to first obtain a decision from the Tribal Labor Panel established by the tribal labor relations ordinance stating that the order of exclusion does not conflict with the tribal labor relations ordinance adopted by the tribe or with a labor contract that is subject to the authority of the Tribal Labor Panel and applicable to the gaming facility. The bill would authorize a tribe to enter into an agreement with a law enforcement agency to enforce an order of exclusion, as specified. Because this bill would create a new crime, expand the scope of an existing crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.