Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.

This bill would ratify the amendment to the tribal-state gaming compact entered into between the State of California and the Federated Indians of Graton Rancheria, executed on August 18, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that amended compact are not projects for purposes of CEQA.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.

This bill would ratify the amendment to the tribal-state gaming compact entered into between the State of California and the Federated Indians of Graton Rancheria, executed on August 18, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that amended compact are not projects for purposes of CEQA.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes within state government a Military Department headed by an Adjutant General. Existing law includes within the Military Department that includes the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Existing law also generally governs the administration of military and veterans affairs, including those relating to enlisted men and women.

This bill would deem any reference in the Military and Veterans Code to make technical amendments to modify references throughout the code to enlisted man or woman or enlisted men or women to instead refer to enlisted person or enlisted persons.

Existing law authorizes the Attorney General and other public prosecutors to bring an action for relief from an act of unfair competition, as defined. Under existing law, a civil penalty may be assessed in the action that is designated for the exclusive use of a public prosecutor, including the Attorney General, for enforcing consumer protection laws. Under existing law, if a person violates these unfair competition provisions and the act or acts are perpetrated against one or more senior citizens or disabled persons, the person is authorized to be liable for a specified civil penalty. Existing law defines various terms for purposes of carrying out that provision.

This bill would make a nonsubstantive change to that definition provision.

SENATE THIRD READING

STR Bill Id:SB 626

Author:(Dodd)

As Amended Ver:September 1, 2017

Majority vote

SENATE VOTE: 40-0

SUMMARY: Ratify amendments to the tribal-state gaming compact (Compact amendment) entered into between the State of California and the Federated Indians of Graton Rancheria, executed on August 18, 2017. Specifically this bill:

1. The Compact amendment with the Tribe conforms the provisions of its 2012 Compact regarding workers' compensation and authorized gaming activities to those of more recent and ratified compacts, as specified.
2. The Compact amendment states that neither the presence in another tribal-state Class III gaming compact of language that is not included in this amended Compact, nor the absence in another tribal-state Class III gaming compact of language that is present in this amended Compact shall be a factor in construing the terms of this amended Compact.
3. All other provisions of the Tribe's existing 2012 Compact remain intact and valid until December 31, 2033.
4. Provides that, in deference to tribal sovereignty, certain actions are not deemed projects for purposes of the California Environmental Quality Act (CEQA); and, stipulate, except as expressly provided, that none of the provisions shall be construed to exempt a city, county, or city and county, or the Department of Transportation from CEQA requirements.
5. Contain an urgency clause, allowing this bill to take effect immediately upon enactment.

EXISTING LAW:

1. Provides, under the Indian Gaming Regulatory Act (IGRA), for the negotiation and conclusion of compacts between federally recognized Indian tribes and the State for the purpose of conducting Class III gaming activities on Indian lands within a State as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.
2. Authorizes expressly a number of tribal-state gaming compacts between the State of California and specified Indian tribes.
3. Authorizes the conduct of Class III gaming activities to the extent such activities are permitted by state law, a gaming compact has been concluded by a federally recognized tribe and the State, and the compact has been approved by the Secretary of the Interior.
4. Limits the operation of Class III gaming activities to Indian lands acquired on or before October 17, 1988. Provides exceptions to conduct gaming activities on Indian lands acquired after October 17, 1988.
5. Defines Indian lands to mean all lands within the limits of any Indian reservation, and any lands title to which is either held in trust by the United States (U.S.) for the benefit of any Indian tribe, or individual, or held by any Indian tribe or individual subject to restriction by the U.S. against alienation and over which an Indian tribe exercises governmental power.
6. Requires the State to negotiate to conclude a compact in good faith with an Indian tribe having jurisdiction over the Indian lands upon which the Class III gaming activity is to be conducted. Provides the U.S. district courts with jurisdiction over any cause of action initiated by a tribal government alleging that the State failed to negotiate in good faith to conclude a compact. Prescribes the remedy, mediation supervised by the courts, if it is found that the State failed to negotiate in good faith to conclude a compact.
7. Authorizes the Governor, under the California Constitution, to negotiate and conclude compacts, subject to ratification by the Legislature.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: On August 31, 2017, the Assembly Governmental Organization Committee held an informational hearing on the contents of the Compact amendment entered into between the State of California and the Graton Rancheria of Sonoma County.

Brief History and Background: The Federated Indians of Graton Rancheria, formerly known as the Federated Coast Miwok, is a federally recognized American Indian tribe of Coast Miwok and Southern Pomo Indians. The Indian tribe is comprised of nearly 1,300 members with government offices located in Rohnert Park, California. The Tribe is governed by a seven-member Tribal Council who is elected to two-year terms by the adult tribal membership. Tribal governmental programs and services include sacred sites preservation and protection, Indian housing, Indian education, membership, cultural arts, social services, and tribal health.

In 1966, the federal government terminated its relationship with the Tribe pursuant to the California Rancheria Act of 1958 and transferred title to the lands known as the Graton Rancheria into private ownership.

In 2000, Congress restored federal recognition to the Tribe under the Graton Rancheria Restoration Act, which required the Secretary of the Department of the Interior to take land identified by the Tribe and located in Marin or Sonoma Counties into trust as the Tribe's reservation. In 2003, the Tribe entered into an agreement with Station Casinos, Inc. to acquire land on property located on Highway 37 in southern Sonoma County for its reservation and announced plans to develop a resort hotel and gaming facility on a portion of the Highway 37 property once in trust and deemed eligible for gaming.

At the urging of community representatives and environmentalists, the Tribe reconsidered its plans for the Highway 37 property and thereafter donated its rights to a large portion of the Highway 37 property to the Sonoma Land Trust for perpetual preservation. After consultation with the County and the City of Rohnert Park (City) the Tribe, acquired rights to purchase alternative property located on Stony Point Road just outside the City's urban growth boundary for its reservation and proposed project.

In August 2005, the Tribe abandoned its plans for the Stony Point Road property and once again moved its proposed location in order to address local land use and environmental concerns and thereafter, purchased approximately 254-acres of land for its reservation, a portion of which will be used for its proposed project.

In October 2010, the federal National Indian Gaming Commission (NIGC) issued its Record of Decision for the Tribe's project, concluding that the 254-acre parcel is eligible for gaming under IGRA and adopting a reduced intensity casino and hotel project as the preferred action alternative that is significantly smaller than the project initially proposed by the Tribe.

In 2012, the State and the Tribe completed negotiations for a compact that protects the interests of the Tribe and its members, the surrounding community, and the California public, and promotes and secures long-term stability, mutual respect, and mutual benefits. The 2012 Compact, the first of the "post-Rincon era" compacts (see below), allowed the operation of 3,000 gaming devices and directed up to 15% of the casino's net win towards local communities and gambling mitigation and regulation. The 2012 Compact provided financial incentives for the Tribe to enter into agreements with local agencies to provide funding to mitigate the off-reservation impacts of the casino on the surrounding community. Furthermore, it created the Tribal Nations' Grant Fund (TNGF), which provided for the distribution of funds to non-gaming and limited-gaming tribes for purposes related to effective self-governance, self-determined community, and economic development. All subsequent compacts have provided for contributions to the TNGF.

The 2012 Compact was ratified in accordance with state law (AB 517 (Hall), Chapter 12, Statutes of 2012), and notice of approval by the U.S. Secretary of the Interior was published in the Federal Register.

The Graton Resort & Casino, which opened on November 5, 2013 is owned by the Tribe and managed by Las Vegas-based Station Casinos. The Tribe secured $825 million to fund the project. The gaming facility features 3,000 slots, video poker, over 100 table games including Blackjack, Pai Gow Poker, and Baccarat, a live poker room and VIP gaming salons. The casino also includes upscale and casual dining and various entertainment options, supported by a 10,000 square foot events center. The 5,500 guest parking spaces (1,900 covered spaces), include a 5-story parking facility. In November 2016, the Tribe opened a full-service 200-room hotel. The $175 million project includes 20,000-square feet of event and convention space, an outdoor pool, spa, fitness center, and more. In April 2017, the Tribe announced a proposal to expand the existing Graton Resort & Casino with the development of a new 200-room hotel wing.

According to the Governor's office, Section 15.1 of the 2012 Compact provides that it may be amended upon written agreement of both parties, and the parties agreed to negotiate regarding amending the 2012 Compact's provision regarding mandatory participation in the state workers' compensation program.

The Compact's preamble states, "the State and the Tribe share an interest in creating a framework within which the gaming facility can operate successfully to generate revenue for essential government programs for tribal members while also ensuring that other interests, including an efficient and effective system to address the appropriate costs arising from employees who are injured or become sick while performing work-related duties, are also furthered."

The Compact's preamble declares, "the State and the Tribe share an interest in ensuring that the Tribe is entitled to offer only the forms of Class III Gaming that the State possesses the power to authorize or permit under the California Constitution."

It should be noted, the Compact amendments do not change any of the existing financial terms in the 2012 Compact.

The Compact's preamble further states, "the State and the Tribe recognize that this amendment is authorized and negotiated and shall take effect pursuant to IGRA. Additionally, the State and the Tribe agree that all terms of this amendment to the 2012 Compact (collectively, Amended Compact) are intended to be binding and enforceable."

Key Components of the Compact Amendment:

Authorized Class III Gaming: The 2012 Compact prohibits the play of roulette or the operation of any game that incorporates the use of dice. The language could be considered to be not specific or exclusionary enough to cover all games that are prohibited under State law. The amended Compact states, "Section 3.1, subdivision (c) of the 2012 Compact is repealed and is replaced as follows: Nothing herein shall be construed to authorize or permit the operation of any Class III Gaming that the State lacks the power to authorize or permit under article IV, section 19, subdivision (f), of the California Constitution."

This provision is substantially similar to several of the more recent Tribal-State Compacts ratified by the Legislature.

Participation in State Statutory Programs Related to Employment: The Compact amendment provision is substantially similar to several of the more recent Tribal-State Compacts ratified by the Legislature. The amendment states that not later than the effective date of this Amended Compact, the Tribe will advise the State of its election to continue to participate in the State's statutory workers' compensation system, as provided, or, alternatively, will forward to the State all relevant ordinances that have been adopted and all other documents establishing the system and demonstrating that the system is fully operational and compliant with the comparability standard set forth, as defined. The parties agree that independent contractors doing business with the Tribe are bound by and must comply with all state workers' compensation laws and obligations, as specified.

If the Tribe agrees to participate in the State's workers' compensation program with respect to employees at the casino. All disputes arising from the workers' compensation laws shall be heard by the State Workers' Compensation Appeals Board (Board) pursuant to the California Labor Code, as specified. The Tribe acknowledges the jurisdiction of the Board in such manners, as defined.

In lieu of participating in the State's statutory workers' compensation system, the Tribe may create and maintain a system that provides redress for gaming operation and gaming facility employees' work-related injuries through requiring insurance or self-insurance, which includes specified provisions, including hearings before an independent tribunal, a means of enforcement against the employer, and benefits (including, but not limited to, disability, rehabilitation and return to work) comparable to those mandated for comparable employees under state law, as defined.

Construction of Amended Compact: Neither the presence in another tribal-state Class III gaming compact of language that is not included in this Compact amendment, nor the absence in another tribal-state Class III gaming compact of language that is present in this Compact amendment shall be a factor in construing the terms of this Compact amendment. In the event of a dispute between the parties as to the language of this Compact amendment or the construction or meaning of any term hereof, this Compact amendment will be deemed to have been drafted by the parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against any party to this Compact amendment.

Representations. The Tribe expressly represents that as of the date of the undersigned's execution of this Compact amendment, the undersigned has the authority to execute this Compact amendment on behalf of the Tribe, including any waiver of sovereign immunity and the right to assert sovereign immunity therein, and will provide written proof of such authority and of the ratification of this Compact amendment by the tribal governing body to the Governor no later than 30 days after the execution of this Compact amendment by the undersigned.

Effective Date: This Compact amendment does not change the effective date of the 2012 Compact. The 2012 Compact will be valid until December 31, 2033.

Additional Background Information:

Indian Gaming Regulatory Act (IGRA): In 1988, Congress enacted the Indian Gaming Regulatory Act (IGRA) to provide a statutory basis for the operation and regulation of gaming on Indian lands. IGRA provides that an Indian tribe may conduct gaming activity on Indian lands if the activity "is not specifically prohibited by federal law and is conducted within a State which does not prohibit such gaming activity."

IGRA distinguishes between three classes of gaming (Class I, Class II, and Class III) and provides for different forms of regulation for each class. Class I gaming includes "social games" for minor prizes or "traditional forms of Indian gaming." Class II gaming is defined to include bingo and card games that are explicitly authorized by the laws of the state, or that are not explicitly prohibited by the laws of the state and are played at any location in the State, so long as the card games are played in conformity with those laws and regulations. Class III gaming includes such things as slot machines, casino games and banked card games such as black jack and baccarat. Class III gaming may only be conducted under terms of a compact negotiated between an Indian tribe and a State.

IGRA was enacted against a legal background in which Indian tribes and individuals generally are exempt from state taxation within their own territory. IGRA provides that with the exception of assessments permitted under the statute, to defray the State's costs of regulating gaming activity, IGRA shall not be interpreted as conferring upon a State authority to impose any tax, fee, charge, or other assessment upon an Indian tribe to engage in Class III activity. Nor may a State refuse to enter into negotiations based on the lack of authority to impose such a tax, fee, charge, or other assessment.

When a tribe requests negotiations for a Class III compact, IGRA requires the State to negotiate with the Indian tribe in good faith. IGRA provides a comprehensive process to prevent an impasse in compact negotiations, which is triggered when a tribe files suit alleging that the State has refused to negotiate or has failed to negotiate in good faith.

Before 2000, the California Constitution prohibited Class III gaming. In 2000, California voters approved Proposition 1A which had been proposed by the Governor and passed by the Legislature. Proposition 1A amended the California Constitution to permit the State to negotiate compacts with federally recognized Indian tribes for certain Class III gaming activities. Because non-Indian parties were still forbidden from operating gaming facilities, Proposition 1A granted Indian tribes a "constitutionally protected monopoly on most types of Class III games in California."

Prior legislation: SB 404 (De León), Chapter 229, Statutes of 2016, ratified the tribal-state gaming compact entered into between the State of California and the Viejas Band of Kumeyaay Indians, executed on June 22, 2016.

SB 187 (Hall), Chapter 306, Statutes of 2016, ratified the tribal-state gaming compact entered into between the State of California and the Jamul Indian Village, executed August 4, 2016.

SB 1313 (Hall), Chapter 310, Statutes of 2016, ratified the tribal-state gaming compact entered into between the State of California and the Yocha Dehe Wintun Nation, executed on August 4, 2016.

AB 2915 (Garcia), Chapter 240, Statutes of 2016, ratified an amendment to the 2006 tribal state gaming compact entered into between the State of California and the Agua Caliente Band of Cahuilla Indians, executed on August 4, 2016.

AB 2358 (Gonzalez), Chapter 298, Statutes 2016, ratified the tribal-state gaming compact entered into between the State of California and the Pechanga Band of Luiseno Indians, executed August 4, 2016.

AB 1977 (Wood), Chapter 296, Statutes of 2016, ratified the first amendment to the 2006 tribal-state gaming compact entered into between the State of California and the Yurok Tribe, executed August 4, 2016.

AB 1767 (Bigelow), Chapter 291, Statutes 2016, ratified first amendment to the 2015 tribal-state gaming compact entered into between the State of California and the Jackson Rancheria Band of Miwuk Indians, executed on June 22, 2016.

AB 1282 (Gray), Chapter 287, Statutes 2016, ratified the tribal-state gaming compact entered into between the State of California and the Buena Vista Rancheria of Me-Wuk Indians, executed on June 28, 2016.

AB 629 (Gonzalez), Chapter 160, Statutes 2016, ratified the tribal-state gaming compact entered into between the State of California and the Pala Band of Mission Indians, executed on May 6, 2016.

AB 466 (Brown), Chapter 285, Statutes of 2016, ratified an amendment to the 2006 tribal-state gaming compact entered into between the State of California and the San Manuel Band of Mission Indians, executed on August 16, 2016.

AB 291 (Atkins), Chapter 284, Statutes of 2016, ratified the tribal-state gaming compact entered into between the State of California and the Barona Band of Mission Indians, executed on June 22, 2016.

AB 795 (Atkins), Chapter 520, Statutes of 2015, ratified the tribal-state gaming compact entered into between the State of California and the Sycuan Band of Kumeyaay Nation, executed on September 2, 2015.

AB 1540 (Gray), Chapter 531, Statutes of 2015, ratified the tribal-state gaming compact entered into between the State of California and the Santa Ynez Band of Chumash Indians, executed on August 26, 2015.

AB 315 (Bigelow), Chapter 512, Statutes of 2015, ratified the amended and restated tribal-state gaming compact entered into between the State of California and the United Auburn Indian Community, executed on August 14, 2015.

AB 475 (Bigelow), Chapter 8, Statutes of 2015, ratified the tribal-state gaming compact entered into between the State of California and Jackson Rancheria Band of Miwuk Indians, executed on February 1, 2015.

SB 1356 (De León), Chapter 314, Statutes of 2014, ratified the amendment to the tribal-state gaming compact entered into between the State of California and the Viejas Band of Kumeyaay Indians, executed on August 12, 2014.

SB 1224 (Correa), Chapter 300, Statutes of 2014, ratified the tribal-state gaming compact entered into between the State of California and the Karuk Tribe, executed on December 4, 2013.

AB 1245 (V. Manuel Perez), Chapter 462, Statutes of 2013, ratified the tribal-state gaming compact entered into between the State of California and the Ramona Band of Cahuilla Indians located in Riverside County, executed on June 10, 2013.

AB 277 (Hall), Chapter 51, Statutes of 2013, ratified two new compacts entered into between the State of California and the following tribes: North Fork Rancheria, executed on August 31, 2012 and the Wiyot Tribe, executed on March 20, 2013.

AB 1267 (Hall), Chapter 6, Statutes of 2013, ratified the amended tribal-state gaming compact entered into between the State of California and the Shingle Springs Band of Miwok Indians, executed on November 15, 2012.

SB 668 (Fuller), Chapter 67, Statutes of 2013, ratified the tribal-state gaming compact entered into between the State of California and the Fort Independence Indian Community of Paiute Indians, executed on February 28, 2013.

AB 517 (Hall), Chapter 12, Statutes of 2012, ratified the tribal-state gaming compact entered into between the State of California and the Federated Indians of Graton Rancheria of Sonoma County, executed on March 27, 2012.

AB 787 (Chesbro), Chapter 340, Statutes of 2012, ratified the amendment to the tribal-state gaming compact entered into between the State of California and the Coyote Valley Band of Pomo Indians, executed on July 25, 2012.

AB 1418 (Hall), Chapter 412, Statutes of 2011, repealed those provisions ratifying the tribal-state gaming compact entered into between the State of California and Pinoleville Pomo Nation, executed on March 9, 2009 and instead ratified the tribal-state gaming compact entered into between the State of California and the Pinoleville Pomo Nation, executed on August 8, 2011. Ratification of this revised compact authorized the Tribe to operate up to 900 slot machines with up to 15% of the casino's net win from the slots designated for local communities, gambling mitigation and regulation, instead of requiring revenue contributions be made to the General Fund as provided by the 2009 compact.

AB 1020 (Chesbro), Chapter 27, Statutes of 2011, repealed the ratification of the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on September 2, 2009, and instead ratified a new tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on March 17, 2011. Ratification of this revised compact authorized the Tribe to operate up to 750 slot machines with up to 15% of the net-win from those gaming devices being paid to the Special Distribution Fund (SDF) and the Revenue Sharing Trust Fund (RSTF), instead of requiring revenue contributions be made to the General Fund as provided by the 2009 compact.

SB 89 (Budget Committee), Chapter 1, Statutes of 2010, ratified the tribal-state gaming compact entered into between the State of California and the Habematolel Pomo of Upper Lake, executed on September 2, 2009.

AB 122 (Coto), Chapter 3, Statutes of 2009, ratified the tribal-state gaming compact entered into between the State of California and the Pinoleville Pomo Nation, executed on March 10, 2009.

AB 3072 (Price), Chapter 334, Statutes of 2008, ratified the first amendment to a tribal-state gaming compact entered into between the State of California and the Shingle Springs Band of Miwok Indians, executed on June 30, 2008.

SB 106 (Wiggins), Chapter 37, Statutes of 2007, ratified a new compact between the State of California and the Yurok Tribe of the Yurok Reservation (Yurok).

SB 174 (Ducheny), Chapter 38, Statutes of 2007, ratified the first compact amendment to the compact between the State of California and Sycuan.

SB 175 (Ducheny), Chapter 39, Statutes of 2007, ratified the first compact amendment to the compact between the State of California and Morongo.

SB 903 (Padilla), Chapter 40, Statutes of 2007, ratified the first compact amendment to the compact between the State of California and Pechanga.

SB 941 (Padilla), Chapter 226, Statutes of 2007, ratified the first compact amendment to the compact between the State of California and San Manuel.

SB 957 (Torlakson), Chapter 41, Statutes of 2007, ratified the first compact amendment to the compact between the State of California and Agua Caliente.

SB 470 (Ducheny), Chapter 527, Statutes of 2006, ratified the first amendment to the compact between the State and the Quechan Tribe of the Fort Yuma Reservation (Quechan).

SB 1117 (Burton), Chapter 856, Statutes of 2004, ratified two new and two amended compacts entered into between the State and the following tribes: Coyote Valley Band of Pomo Indians (new compact); Fort Mojave Indian Tribe (new compact); Buena Vista Rancheria of Me-Wuk Indians (amended compact); and, Ewiiaapaayp Band of Kumeyaay Indians (amended compact).

AB 687 (Nuñez), Chapter 91, Statutes of 2004, ratified amendments to five compacts entered into between the State and the following tribes: Pala Band of Mission Indians; Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation; Rumsey Band of Wintun Indians; United Auburn Indian Communities; and, Viejas Group of Kumeyaay Indians. Also, provided for the issuance of bonds in an amount not to exceed $1.5 billion by the California Infrastructure and Economic Development Bank and required the net proceeds of the sale of the compact assets to be deposited in the Traffic Congestion Relief Fund and the Transportation Deferred Investment Fund.

SB 930 (Ducheny), Chapter 802, Statutes of 2003, ratified a compact between the State of California and the Torres-Martinez Desert Cahuilla Indians.

SB 411 (Ducheny), Chapter 790, Statutes of 2003, ratified compacts between the State of California and the La Posta Band of Diegueno Mission Indians and the Santa Ysabel Band of Diegueno Mission Indians in San Diego County.

Proposition 1A (Adopted by the People of California on March 7, 2000) modified the prohibition against casinos and lotteries in the California Constitution to authorize the Governor to negotiate compacts, subject to legislative ratification, for the operation of slot machines, lottery games, and banking and percentage card games by federally recognized Indian tribes on Indian lands in California, in accordance with federal law. Authorized slot machines, lottery games, and banking and percentage card games to be conducted and operated on Indian lands subject to the compacts.

AB 1385 (Battin), Chapter 874, Statutes of 1999, designated the Governor as the state officer responsible for negotiating and executing compacts between the state and federally recognized Indian tribes located in the state. Also, ratified 57 compacts and created two special funds in the State Treasury (SDF and RSTF), as specified.

Proposition 5 (Adopted by the People of California on November 3, 1998) specified the terms and conditions of mandatory compacts between the State and tribal governments for class III gambling on Indian lands; amended California law to allow slot machines and banked card games at tribal casinos; provided for contributions to trust funds benefiting non-gaming tribes, statewide emergency medical care programs, and programs benefiting communities near tribes; and, allowed tribes to retain a monopoly on authorized gambling. Proposition 5 was found to be unconstitutional because it amended a provision of the Government Code and did not amend the Constitution. The proposition was invalidated in its entirety, save the final sentence of Government Code Section 98005, containing the state's consent to federal suits brought by California tribes pursuant to IGRA.

SB 287 (Burton), Chapter 409, Statutes of 1998, ratified 11 compacts negotiated between the State of California and Indian tribes that permitted class III video gaming devices on tribal lands and established a process for ratifying other compacts.

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0001578

 UNFINISHED BUSINESS  

Bill No: SB 626

Author:

:

Vote:

PRIOR SENATE VOTE NOT RELEVANT

ASSEMBLY FLOOR: 76-0, 9/5/17 - See last page for vote

NOTE: On August 31, 2017, the Senate Governmental Organization Committee held an informational hearing on the amended tribal-state gaming compact between the State of California and the Federated Indians of Graton Rancheria.

SUBJECT:

SOURCE: Author

DIGEST:

This bill ratifies the amended tribal-state gaming compact (Compact) entered into between the State of California and the Federated Graton Rancheria (hereafter “Tribe”).

Assembly Amendments

delete the contents of this bill and instead add language pertaining to ratification of the Federated Graton Rancheria amended compact.

ANALYSIS:

Existing law:

1. Provides, under the Indian Gaming Regulatory Act (IGRA), for the negotiation and conclusion of compacts between federally recognized Indian tribes and the State for the purpose of conducting Class III gaming activities on Indian lands within a State as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.
2. Authorizes expressly a number of tribal-state gaming compacts between the State of California and specified Indian tribes.
3. Authorizes the conduct of Class III gaming activities to the extent such activities are permitted by state law, a gaming compact has been concluded by a federally recognized tribe and the State, and the compact has been approved by the Secretary of the Interior.
4. Limits the operation of Class III gaming activities to Indian lands acquired on or before October 17, 1988. Provides for certain exceptions to conduct gaming activities on Indian lands acquired after October 17, 1988.
5. Defines “Indian lands” to mean all lands within the limits of any Indian reservation, and any lands title to which is either held in trust by the United States for the benefit of any Indian tribe, or individual, or held by any Indian tribe or individual subject to restriction by the U.S. against alienation and over which an Indian tribe exercises governmental power.
6. Requires the State to negotiate to conclude a compact in good faith with an Indian tribe having jurisdiction over the Indian lands upon which the Class III gaming activity is to be conducted. Provides the U.S. district courts with jurisdiction over any cause of action initiated by a tribal government alleging that the State failed to negotiate in good faith to conclude a compact. Prescribes the remedy, mediation supervised by the courts, if it is found that the State failed to negotiate in good faith to conclude a compact.
7. Authorizes the Governor, under the California Constitution, to negotiate and conclude compacts, subject to ratification by the Legislature.

This bill:

1. Ratifies the Compact between the State of California and the Tribe executed on August 18, 2017.
2. Provides that in deference to tribal sovereignty, certain actions are not deemed projects for purposes of the California Environmental Quality Act (CEQA).
3. Stipulates, except as expressly provided, that none of the provisions shall be construed to exempt a city, county, or city, and county, or the Department of Transportation, or any state agency or local jurisdictions, from CEQA requirements.
4. Contains an urgency clause.

Background

The Amendment to the Tribal-State Gaming Compact (hereafter “Amended Compact”) between the State of California and the Federated Indians of Graton Rancheria (hereafter “Tribe”) was executed on August 18, 2017. The Amended Compact conforms the worker compensation provision of the Tribe’s existing compact, ratified in 2012, to those of more recent compacts. In addition, the Amended Compact conforms the provision related to what types of games the Tribe can offer to those provisions in most other compacts. Finally, the Amended Compact clarifies that nothing in any other tribal compact should be a factor in construing the terms of this Amended Compact. All other provisions of the existing Compact remain intact.

In 2012, the Tribe entered into a new tribal-state compact [ratified by AB 517 (Hall), Chapter 12, Statutes of 2012)] that authorized the operation of no more than 3,000 slot machines at one gaming facility located on those Indian lands held in trust for the Tribe.

Under terms of the 2012 Compact, the Tribe agreed to contribute to the Special Distribution Fund (SDF) with payments of $1.4 million per year during the first seven years of the Compact and 3% of the net win from all gaming devices thereafter, to reimburse the State for the costs of regulating gaming activities and to provide programs for the education and treatment of problem gamblers.

Additionally, the Tribe agreed to pay into the Revenue Sharing Trust Fund (RSTF) to fund the tribal governmental programs of non-gaming and limited-gaming tribes. If the Tribe operates the maximum number of gaming devices authorized under the Compact, the Tribe would pay the following amounts to fund such programs: $8.9 million (at 3,000 slots) annually for years 1-7 and $12.1 million (at 3,000 slots) annually for years 8-20.

Furthermore, the 2012 Compact established the “Graton Mitigation Fund” for the purpose of mitigating the impact of the Tribe’s gaming operation on the local community and requires that the Tribe pay 15% of net win, subject to certain deductions during the first seven years of the Compact and 12% thereafter. Revenues from the Graton Mitigation Fund will be distributed on a quarterly basis to the City of Rohnert Park and Sonoma County in amounts ranging from at

least an estimated $10 million per year, in years 1-7, to an estimated $36 million per year or more in the later years of the Compact, with the remainder being paid to the RSTF or the Tribal Nation Grant Fund (TNGF), to provide grants to assist California tribes for purposes related to effective self-governance, self-determined community, and economic development.

In November 2013, the Tribe opened the Graton Resort and Casino, which includes over 3,000 slot machines. The Casino provides over 1,700 jobs to the community. Through the Graton Mitigation Fund, the Tribe has provided $57 million in cash payments to Sonoma County and the City of Rohnert Park to benefit public safety, roads, the environment, schools, and other causes.

Brief History of the Federated Indians of Graton Rancheria. The Federated Indians of Graton Rancheria is a federally recognized Indian tribe comprised of nearly 1,400 members of coast Miwok and Southern Pomo descent.

In 1966, the Federal Government terminated its relationship with the Tribe pursuant to the California Rancheria Act of 1958 and transferred title to the lands known as the Graton Rancheria into private ownership. In 2000, Congress restored federal recognition to the Tribe under the Graton Rancheria Restoration Act which required the Secretary of the Interior to take land identified by the Tribe and located in Marin or Sonoma Counties into trust as the Tribe’s reservation. In 2013, the Tribe entered into an agreement with Station Casinos, Inc. to acquire land on property located on Highway 37 in southern Sonoma County for its reservation and announced plans to develop a resort hotel and gaming facility on a portion of the Highway 37 property once in trust and deemed eligible for gaming.

At the urging of community representatives and environmentalists, the Tribe reconsidered its plans for the Highway 37 property and thereafter donated its rights to a large portion of the Highway 37 property to the Sonoma Land Trust for perpetual preservation. After consultation with Sonoma County (County) and the City of Rohnert Park (City), the Tribe acquired rights to purchase alternative property located on Stony Point Road just outside the City’s urban growth boundary for its reservation and proposed project.

In August 2005, the Tribe abandoned its plans for the Stony Point Road property and once again moved its proposed location in order to address local land use and environmental concerns and thereafter, purchased approximately 254 acres of land for its reservation. The Tribe agreed to wait until the environmental review of the proposed gaming facility was completed before exercising its right under the Graton Rancheria Restoration Act to have the 254-acre parcel placed into trust.

The National Indian Gaming Commission (NIGC) conducted four public hearings and provided over 160 days for public comment in preparing an environmental impact statement with respect to construction and operation of the Tribe’s project on the 254-acre parcel pursuant to the National Environmental Policy Act (NEPA), including an analysis of eight different project alternatives, and a Notice of Availability of a Final Environmental Impact Statement which was published in the Federal Register on February 19, 2009.

In October 2010, the NIGC issued its Record of Decision for the Tribe’s project, concluding that the 254-acre parcel was eligible for gaming under IGRA and adopting a reduced intensity casino and hotel project as the preferred action alternative that is significantly smaller than the project initially proposed by the Tribe. In October 2010, the Bureau of Indian Affairs of the U.S. Department of the Interior accepted the 254-acre parcel into trust on behalf of the tribe. On March 27, 2012, Governor Brown signed a gaming compact with the Tribe to conduct Class III gaming.

In 2012, the State of California and the Tribe completed negotiations for a Compact that, according to the Amended Compact preamble protects the interests of the Tribe and its members, the surrounding community, and the California public, and promotes and secures the long-term stability, mutual respect, and mutual benefits.

In November 2013, the Tribe opened the Graton Resort and Casino, which includes over 3,000 slot machines. The Casino provides over 1,700 jobs to the community. Through the Graton Mitigation Fund, the Tribe has provided $57 million in cash payments to Sonoma County and the City of Rohnert Park to benefit public safety, roads, the environment, schools, and other causes.

DETAILS OF THE AMENDED COMPACT:

Worker Compensation System. This Amended Compact authorizes the Tribe to opt out of the State’s Workers Compensation program and instead authorizes the Tribe to create and maintain their own worker's compensation program as long as the tribe provides the same benefits and legal protections to employees as the state does. Recent compacts have included a similar provision.

Scope of Class III Gaming. Similar to other compacts, this Amended Compact clarifies that types of games the Tribe can offer. Specifically, the Amended Compact specifies that nothing in the compact shall be construed to authorize the operation of Class III Gaming that the state lacks the power to authorize or permit under the California Constitution.

Construction. Similar to other compacts, this Amended Compact specifies that neither the presence nor omission in another tribal-state Class III Gaming of language that is present in this Amended Compact shall be a factor in construing the terms of this Amended Compact.

ADDITIONAL BACKGROUND INFORMATION:

Indian Gaming Regulatory Act. In 1988, Congress enacted IGRA to provide a statutory basis for the operation and regulation of gaming on Indian lands. IGRA provides that an Indian tribe may conduct gaming activity on Indian lands if the activity “is not specifically prohibited by federal law and is conducted within a State which does not prohibit such gaming activity.”

IGRA distinguishes between three classes of gaming (Class I, Class II, and Class III) and provides for different forms of regulation for each class. Class I gaming includes “social games” for minor prizes or “traditional forms of Indian gaming.” Class II gaming is defined to include bingo and card games that are explicitly authorized by the laws of the state, or that are not explicitly prohibited by the laws of the state and are played at any location in the State, so long as the card games are played in conformity with those laws and regulations. Class III gaming includes such things as slot machines, casino games, and banked card games such as black jack and baccarat. Class III gaming may only be conducted under terms of a compact negotiated between an Indian tribe and a State.

IGRA was enacted against a legal background in which Indian tribes and individuals generally are exempt from state taxation within their own territory. IGRA provides that with the exception of assessments permitted under the statute, to defray the State’s costs of regulating gaming activity, IGRA shall not be interpreted as conferring upon a State authority to impose any tax, fee, charge, or other assessment upon an Indian tribe to engage in Class III activity. Nor may a State refuse to enter into negotiations based on the lack of authority to impose such a tax, fee, charge, or other assessment.

When a tribe requests negotiations for a Class III compact, IGRA requires the State to negotiate with the Indian tribe in good faith. IGRA provides a comprehensive process to prevent an impasse in compact negotiations, which is triggered when a tribe files suit alleging that the State has refused to negotiate or has failed to negotiate in good faith.

Before 2000, the California Constitution prohibited Class III gaming. In 2000, California voters approved Proposition 1A, which had been proposed by the Governor and passed by the Legislature. Proposition 1A amended the California Constitution to permit the State to negotiate compacts with federally recognized Indian tribes for certain Class III gaming activities. Because non-Indian parties were still forbidden from operating gaming facilities, Proposition 1A granted Indian tribes a “constitutionally protected monopoly on most types of Class III games in California.”

Special Distribution Fund. Existing law creates the SDF in the State Treasury for the receipt of revenue contributions made by tribal governments pursuant to the terms of the 1999 model Tribal-State Gaming Compacts and authorizes the Legislature to appropriate money from the SDF for the following purposes: grants for programs designed to address gambling addiction; grants for the support of state and local government agencies impacted by tribal government gaming; compensation for regulatory costs incurred by the CGCC and DOJ in connection with the implementation and administration of compacts; payment of shortfalls that may occur in the RSTF; disbursements for the purpose of implementing the terms of tribal labor relations ordinances promulgated in accordance with the terms of the 1999 compacts; and, any other purpose specified by law. (Pursuant to compact renegotiations that took place with several of the larger gaming tribes during the Schwarzenegger administration, revenue from those tribes is directed into the State General Fund, instead of the SDF.)

Current law establishes a method of calculating the distribution of appropriations from the SDF for grants to local government agencies impacted by tribal gaming. This method includes a requirement that the State Controller, in consultation with the CGCC, deposit funds into County Tribal Casino Accounts and Individual Tribal Casino Accounts based upon a process that takes into consideration whether the county has tribes that pay, or do not pay, into the SDF.

Revenue Sharing Trust Fund. Existing law creates in the State Treasury the RSTF for the receipt and deposit of moneys derived from gaming device license fees that are paid into the RSTF pursuant to the terms of specified tribal-state gaming compacts for the purpose of making distributions to non-compacted California tribes (e.g., federally-recognized non-gaming tribes and tribes that operate casinos with fewer than 350 slot machines).

Revenue in the RSTF is available to CGCC, upon appropriation by the Legislature, for making distributions of $1.1 million annually to non-compact tribes. The RSTF was created as part of the 1999 compacts, which, in conjunction with the passage of Proposition 1A, created gaming compacts with approximately 60 California tribes. Non-compact tribes are considered third-party beneficiaries of the 1999 compacts.

Tribal Nation Grant Fund. This particular fund (referenced in recent compacts) was created to complement the RSTF and provides for the distribution of funds to non-gaming tribes, upon application of such tribes for purposes related to effective self-governance, self-determined community, and economic development. Payments from this fund are intended to be made to non-gaming tribes on a “need” basis, upon application. Payments from the TNGF are expected to begin in 2018.

Related/Prior Legislation

AB 174 (Bigelow, 2017) ratified the tribal-state gaming compact entered into between the State of California and the United Auburn Indian Community, executed on August 18, 2017. (Pending on the Senate Floor)

AB 253 (Bigelow, 2017) ratified the tribal-state gaming compact entered into between the State of California and the Tuolumne Band of Me-Wuk Indians, executed on August 18, 2017. (Pending on the Senate Floor)

AB 1606 (Cooper, 2017) ratified the tribal-state gaming compact entered into between the State of California and the Wilton Rancheria, executed on July 19, 2017. (Pending on the Governor’s Desk)

AB 1378 (Gray, 2017) ratified the tribal-state gaming compact entered into between the State of California and the San Manual Band of Mission Indians executed on August 18, 2017. (Pending on the Senate Floor)

SB 187 (Hall, Chapter 306, Statutes of 2016) ratified the tribal-state gaming compact entered into between the State of California and the Jamul Indian Village, executed August 4, 2016.

SB 404 (De León, Chapter 229, Statutes of 2016) ratified the tribal-state gaming compact entered into between the State of California and the Viejas Band of Kumeyaay Indians, executed on June 22, 2016.

SB 1313 (Hall, Chapter 310, Statutes of 2016) ratified the tribal-state gaming compact entered into between the State of California and the Yocha Dehe Wintun Nation, executed on August 4, 2016.

AB 2915 (Garcia, Chapter 240, Statutes of 216) ratified an amendment to the 2006 tribal state gaming compact entered into between the State of California and the Agua Caliente Band of Cahuilla Indians, executed on August 4, 2016.

AB 2358 (Gonzalez, Chapter 298, Statutes 2016) ratified the tribal-state gaming compact entered into between the State of California and the Pechanga Band of Luiseno Indians, executed August 4, 2016.

AB 1977 (Wood, Chapter 296, Statutes of 2016) ratified the first amendment to the 2006 tribal-state gaming compact entered into between the State of California and the Yurok Tribe, executed August 4, 2016.

AB 1767 (Bigelow, Chapter 291, Statutes 2016) ratified the first amendment to the 2015 tribal-state gaming compact entered into between the State of California and the Jackson Rancheria Band of Miwuk Indians, executed on June 22, 2016.

AB 1282 (Gray, Chapter 287, Statutes 2016) ratified the tribal-state gaming compact entered into between the State of California and the Buena Vista Rancheria of Me-Wuk Indians, executed on June 28, 2016.

AB 629 (Gonzalez, Chapter 160, Statutes 2016) ratified the tribal-state gaming compact entered into between the State of California and the Pala Band of Mission Indians, executed on May 6, 2016.

AB 466 (Brown, Chapter 285, Statutes of 2016) ratified an amendment to the 2006 tribal-state gaming compact entered into between the State of California and the San Manuel Band of Mission Indians, executed on August 16, 2016.

AB 291 (Atkins, Chapter 284, Statutes of 2016) ratified the tribal-state gaming compact entered into between the State of California and the Barona Band of Mission Indians, executed on June 22, 2016.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 9/5/17)

None received

OPPOSITION: (Verified 9/5/17)

None received

ASSEMBLY FLOOR: 76-0, 9/5/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Eduardo Garcia, Ridley-Thomas, Steinorth

Prepared by:

9/5/17 19:13:07

**** END ****

SENATE THIRD READING

STR Bill Id:SB 626

Author:(Newman)

As Amended Ver:May 25, 2017

Majority vote

SENATE VOTE: 40-0

SUMMARY: Updates gender-specific references in the Military and Veterans Code (MVC), the Government Code, and the Revenue and Taxation Code to conform to the terminology currently used by the Unites States Armed Forces. Specifically, this bill: Changes specified code references from "enlisted man or woman" to "enlisted person" and "enlisted men or women" to "enlisted persons."

EXISTING LAW:

1. Establishes the California Military Department (CMD) which includes:
   1. The office of the Adjutant General.
   2. The California National Guard.
   3. The State Military Reserve.
   4. The California Cadet Corps.
   5. The Naval Militia.
2. Governs the administration of military and veterans' affairs, including those relating to enlisted men and women.

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: In recent decades, female service members have come to comprise an increasing proportion of all branches of the United States Armed Forces. As proof, in today's all-volunteer military, approximately 14-15% of enlisted personnel are currently female and 16-17% of officers are female.

Historically, female service members were segregated within special subcomponents of the military, such as the Women's Army Corps with the U.S. Army. A member of that Corps was known as a WAC. Historically, enlisted personnel were referred as either "enlisted men (EM)" or "enlisted women (EW)."

In the 1970s, each of the service branches fully integrated its respective women-only subcomponents into the branch's larger organizational and operational structures. In the ensuing decades, the terms "enlisted men" and "enlisted women" have steadily come to be replaced by the generic, non-discriminatory term "enlisted persons."

California's current Military and Veterans Code is heavily sprinkled with references to "enlisted men" and "enlisted women." In the current context, these terms are outdated and often regarded as discriminatory and sexist.

This bill is code clean-up language that would replace the numerous outdated references to male and female military personnel in existing state statutes to properly conform to prevailing usage by the active duty military.

Analysis Prepared by: Jenny Callison / V.A. / (916) 319-3550 FN: 0001151

Date of Hearing: July 11, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

SBPCA Bill Id:SB 626

Author:(Newman) – As Amended Ver:May 25, 2017

SENATE VOTE: 40-0

SUBJECT: Military and veterans: enlisted persons

SUMMARY: Updates gender-specific references in the Military and Veterans Code (MVC), the Government Code, and the Revenue and Taxation Code to conform to the terminology currently used by the Unites States Armed Forces. Specifically, this bill: Changes specified code references from “enlisted man or woman” to “enlisted person” and “enlisted men or women” to “enlisted persons.”

EXISTING LAW:

1. Establishes the California Military Department (CMD) which includes:
   1. The office of the Adjutant General.
   2. The California National Guard.
   3. The State Military Reserve.
   4. The California Cadet Corps.
   5. The Naval Militia.
2. Governs the administration of military and veterans’ affairs, including those relating to enlisted men and women.

FISCAL EFFECT: This bill is not keyed fiscal.

COMMENTS: In recent decades, female service members have come to comprise an increasing proportion of all branches of the United States Armed Forces. As proof, in today’s all-volunteer military, approximately 14-15% of enlisted personnel are currently female and 16-17% of officers are female.

Historically, female service members were segregated within special subcomponents of the military, such as the Women’s Army Corps with the U.S. Army. A member of that Corps was known as a WAC. Historically, enlisted personnel were referred as either “enlisted men (EM)” or “enlisted women (EW).”

In the 1970s, each of the service branches fully integrated its respective women-only subcomponents into the branch’s larger organizational and operational structures. In the ensuing decades, the terms “enlisted men” and “enlisted women” have steadily come to be replaced by the generic, non-discriminatory term “enlisted persons.”

California’s current Military and Veterans Code is heavily sprinkled with references to “enlisted men” and “enlisted women.” In the current context, these terms are outdated and often regarded as discriminatory and sexist.

This bill is code clean-up language that would replace the numerous outdated references to male and female military personnel in existing state statutes to properly conform to prevailing usage by the active duty military.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union of California.

Opposition

None on File.

Analysis Prepared by: Jenny Callison / V.A. / (916) 319-3550

 THIRD READING  

Bill No: SB 626

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 5/9/17

AYES: Newman, Dodd, Hueso, Nguyen, Roth, Wilk

NO VOTE RECORDED: Nielsen

SUBJECT:

SOURCE: Author

DIGEST:

This bill updates outdated, gender-specific references in the Military and Veterans Code (MVC) to conform to contemporary language used by the federal military.

Senate Floor Amendments of 5/25/17 update specified code references to male and female military personnel to conform to the gender-neutral terminology currently used by the United States Armed Forces.

ANALYSIS:

Existing law:

1. Provides for the establishment and administration of the state’s military forces, including the California National Guard (CNG).
2. Establishes the California Military Department (CMD), under the supervision of the Adjutant General, to serve as an administrative parent organization for the state’s several military forces.

This bill updates outdated, gender-specific references in the MVC to conform to contemporary usage by the federal military. Specifically, it specifies that references to “enlisted man” or “enlisted woman” or “enlisted men” or “enlisted women” shall be deemed to refer to “enlisted person” or “enlisted persons.”

Background

California State Militia. The MVC provides for a California state militia, which contains both an active militia and an unorganized militia, as follows:

1. The active militia consists of the CNG, State Military Reserve (SMR) and Naval Militia. (MVC §120)
2. The unorganized militia:
   1. Consists of all persons liable to serve in the militia, but not members of the CNG, SMR, or Naval Militia. (MVC §121)
   2. All able-bodied males between 18 and 45 years old who are not members of the CMD constitute the unorganized militia of the state. (MVC §122)

California Military Department. The CMD is a state department located within the executive branch. According to MVC Code §51, the CMD comprises the following:

1. The active militia, which consists of the CNG, SMR and Naval Militia; and
2. Two non-militia elements: (a) The Office of the Adjutant General and (b) the California Cadet Corps.

The CMD’s eclectic personnel mix includes both paid employees and volunteers, both uniformed military and civilian workers, both full-time and part-time status, and both federally funded and state-funded. All uniformed employees are subject to military law, either federal or state, depending upon their legal authorization and/or current duty status.

National Guard – A Federal/State Hybrid. The National Guard of the United States (NGUS) is part of the reserve components of the United States Armed Forces and is composed of National Guard units and personnel of each state and the territories of Guam, the Virgin Islands, and Puerto Rico, as well as the District of Columbia, for a total of 54 separate organizations.

The National Guard has a uniquely dual federal/state identify and mission. It provides Army National Guard and Air National Guard units and personnel, fully trained and certified, to serve as a formal part of the United States Army and Air Force, respectively, in defending our nation and its interests around the globe. Additionally, under the control and direction of governors, National Guard units and personnel help protect life and property in home states and territories in response to natural and manmade disasters. For the purposes of exercising state control (whenever the CNG is not on federal active duty), California statute places the CNG within the CMD.

Gender references in state military law. In general, and particularly with regard to the National Guard, California military law should conform to substantive and terminological changes in law and word usage adopted by the United States Armed Forces. Currently, state law contains specific gender references that are no longer used by the federal military, except in special cases.

Division 2 of the MVC is the primary location for state military law within California statutes. The index for Division 2 provides just one example of outdated gender-based terminology under Part 1, Chapter 3, Article 3, as follows:

Division 2. The Military Forces of the State

Part 1. The State Militia

Chapter 3. The National Guard

Article 1 Membership

Article 2 Officers

Article 3 Enlisted Men

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/26/17)

None received

OPPOSITION: (Verified 5/26/17)

None received

Prepared by:

5/27/17 15:52:34

**** END ****

 THIRD READING  

Bill No: SB 626

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 5/9/17

AYES: Newman, Dodd, Hueso, Nguyen, Roth, Wilk

NO VOTE RECORDED: Nielsen

SUBJECT:

SOURCE: Author

DIGEST:

This bill updates outdated, gender-specific references in the Military and Veterans Code (MVC) to conform to contemporary language used by the federal military.

ANALYSIS:

Existing law:

1. Provides for the establishment and administration of the state’s military forces, including the California National Guard (CNG).
2. Establishes the California Military Department (CMD), under the supervision of the Adjutant General, to serve as an administrative parent organization for the state’s several military forces.

This bill updates outdated, gender-specific references in the MVC to conform to contemporary usage by the federal military. Specifically, it specifies that references to “enlisted man” or “enlisted woman” or “enlisted men” or “enlisted women” shall be deemed to refer to “enlisted person” or “enlisted persons.”

Background

California State Militia. The MVC provides for a California state militia, which contains both an active militia and an unorganized militia, as follows:

1. The active militia consists of the CNG, State Military Reserve (SMR) and Naval Militia. (MVC §120)
2. The unorganized militia:
   1. Consists of all persons liable to serve in the militia, but not members of the CNG, SMR, or Naval Militia. (MVC §121)
   2. All able-bodied males between 18 and 45 years old who are not members of the CMD constitute the unorganized militia of the state. (MVC §122)

California Military Department. The CMD is a state department located within the executive branch. According to MVC Code §51, the CMD comprises the following:

1. The active militia, which consists of the CNG, SMR and Naval Militia; and
2. Two non-militia elements: (a) The Office of the Adjutant General and (b) the California Cadet Corps.

The CMD’s eclectic personnel mix includes both paid employees and volunteers, both uniformed military and civilian workers, both full-time and part-time status, and both federally funded and state-funded. All uniformed employees are subject to military law, either federal or state, depending upon their legal authorization and/or current duty status.

National Guard – A Federal/State Hybrid. The National Guard of the United States (NGUS) is part of the reserve components of the United States Armed Forces and is composed of National Guard units and personnel of each state and the territories of Guam, the Virgin Islands, and Puerto Rico, as well as the District of Columbia, for a total of 54 separate organizations.

The National Guard has a uniquely dual federal/state identify and mission. It provides Army National Guard and Air National Guard units and personnel, fully trained and certified, to serve as a formal part of the United States Army and Air Force, respectively, in defending our nation and its interests around the globe. Additionally, under the control and direction of governors, National Guard units and personnel help protect life and property in home states and territories in response to natural and manmade disasters. For the purposes of exercising state control (whenever the CNG is not on federal active duty), California statute places the CNG within the CMD.

Gender references in state military law. In general, and particularly with regard to the National Guard, California military law should conform to substantive and terminological changes in law and word usage adopted by the United States Armed Forces. Currently, state law contains specific gender references that are no longer used by the federal military, except in special cases.

Division 2 of the MVC is the primary location for state military law within California statutes. The index for Division 2 provides just one example of outdated gender-based terminology under Part 1, Chapter 3, Article 3, as follows:

Division 2. The Military Forces of the State

Part 1. The State Militia

Chapter 3. The National Guard

Article 1 Membership

Article 2 Officers

Article 3 Enlisted Men

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/9/17)

None received

OPPOSITION: (Verified 5/9/17)

None received

Prepared by:

5/10/17 14:05:51

**** END ****

SENATE COMMITTEE ON VETERANS AFFAIRS

Senator Josh Newman, Chair

2017 - 2018 Regular

Bill No: SB 626 Hearing Date: 5/9/17

Subject: Military and veterans: enlisted persons

DESCRIPTION

Summary:

This bill updates outdated, gender-specific references in the Military and Veterans Code (MVC) to conform to contemporary military terminology used by the federal military.

Existing law:

Provides for the establishment and administration of the state’s military forces, including the California National Guard (CNG).

Establishes the California Military Department (CMD), under the supervision of the Adjutant General, to manage the state military forces.

This bill:

Updates outdated, gender-specific references in the MVC to conform to contemporary usage by the federal military. Specifically, it specifies that references to “enlisted man” or “enlisted woman” or “enlisted men” or “enlisted women” shall be deemed to refer to “enlisted person” or “enlisted persons.”

BACKGROUND

California State Militia. The MVC provides for a California state militia, which contains both an active militia and an unorganized militia, as follows:

1. The active militia consists of the CNG, State Military Reserve (SMR) and Naval Militia. (MVC §120)
2. The unorganized militia:
   1. Consists of all persons liable to serve in the militia, but not members of the CNG, SMR, or Naval Militia. (MVC §121)
   2. All able-bodied males between 18 and 45 years old who are not members of the CMD constitute the unorganized militia of the state. (MVC §122)
3. The Governor may call the unorganized militia onto state active duty in case of war, rebellion, insurrection, invasion, tumult, riot, breach of the peace, public calamity or catastrophe, or other emergency or imminent danger, or may be called forth for service under the Constitution and laws of the United States. (MVC §128)

California Military Department. The CMD is a state department located within the executive branch. According to MVC Code §51, the Department comprises the following:

1. The active militia, which consists of the CNG, SMR and Naval Militia; and
2. Two non-militia elements: (a) The Office of the Adjutant General and (b) the California Cadet Corps.

The CMD’s eclectic personnel mix includes both paid employees and volunteers, both uniformed military and civilian workers, both full-time and part-time status, and both federally funded and state-funded. All uniformed employees are subject to military law, either federal or state, depending upon their legal authorization and/or current duty status.

National Guard – A Federal/State Hybrid. The National Guard of the United States (NGUS) is part of the reserve components of the United States Armed Forces and is composed of National Guard units and personnel of each state and the territories of Guam, the Virgin Islands, and Puerto Rico, as well as the District of Columbia, for a total of 54 separate organizations.

The National Guard has a uniquely dual federal/state mission. It provides Army National Guard and Air National Guard units and personnel, which are fully trained and certified, to serve as a formal part of the United States Army and Air Force, respectively, in defending our nation and its interests around the globe. Additionally, under the control and direction of governors, National Guard units and personnel help protect life and property in home states and territories in response to natural and manmade disasters. For the purposes of exercising state control (whenever the CNG is not on federal active duty), California statute places the CNG within the CMD.

Gender references in state military law. In general, and particularly with regard to the National Guard, California law should conform to substantive and terminological changes in law and word usage adopted by the United States Armed Forces. Currently, state law contains specific gender references that are no longer used by the federal military, except in special cases.

Division 2 of the MVC is the primary location for state military law within California statutes. The index for Division 2 provides just one example of outdated gender-based terminology under Part 1, Chapter 3, Article 3, as follows:

Division 2. The Military Forces of the State

Part 1. The State Militia

Chapter 3. The National Guard

Article 1 Membership

Article 2 Officers

Article 3 Enlisted Men

COMMENT

Committee Comments: The 4/25/17 version of SB 626 was drafted by Legislative Counsel without correcting specific instances of gender-specific references. At the author’s request, Legislative Counsel currently is working through the MVC, working with Committee staff to determine which references should be changed. Committee staff also has been coordinating technically with the CMD.

POSITIONS

Sponsor: Author.

Support: None received.

Oppose: None received.

-- END --