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General Assembly Committee Bill No. 1027
January Session, 2025
LCO No. 4289
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT REMOVING THE REQUIREMENT THAT THE STATE OPPOSE
APPLICATIONS BY FEDERALLY RECOGNIZED INDIAN TRIBES TO
CONVERT ANY PARCEL OF FEE INTEREST LAND TO FEDERAL
TRUST STATUS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-57e of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) As used in this section: 3
(1) "Commercial enterprise" means any form of commercial conduct 4
or a particular commercial transaction or act, including the operation of 5
a casino, which relates to or is connected with any profit-making 6
pursuit; 7
(2) "Labor organization" means any organization which exists for the 8
purpose, in whole or in part, of collective bargaining or of dealing with 9
employers concerning grievances, terms or conditions of employment, 10
or of other mutual aid or protection in connection with employment; 11
(3) "Tribe" means any federally recognized Indian tribe which is 12 Committee Bill No. 1027
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subject to the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 13
et seq. 14
(b) The state shall not provide any funds or services which directly or 15
indirectly assist any tribe engaged in a commercial enterprise until the 16
tribe adopts an Employment Rights Code established pursuant to 17
subsection [(e)] (d) of this section, unless such funds or services are (1) 18
required by federal or state law, (2) were agreed to in writing prior to 19
July 1, 1993, or (3) are provided to a project which is covered by federal 20
or state employment regulations or employment rights laws. This 21
subsection shall not be construed to prohibit the state from enforcing 22
any civil or criminal law, or any gaming regulation at a commercial 23
enterprise owned or operated by a tribe, or to require the state to enforce 24
a violation of any criminal law which would not be a violation if it 25
occurred outside tribal land. The Governor, upon consulting with the 26
leaders of the General Assembly, may waive the restrictions set forth in 27
this subsection in the event of a declared emergency. 28
[(c) The state shall oppose any application by a tribe, pursuant to 25 29
CFR chapter 151, to convert any parcel of fee interest land to federal trust 30
status. The conversion shall be deemed contrary to the interest of the 31
state and its residents.] 32
[(d)] (c) The Governor shall include in each future proposal by the 33
state in negotiations conducted pursuant to the Indian Gaming 34
Regulatory Act, a provision requiring the adoption of an Employment 35
Rights Code established pursuant to subsection [(e)] (d) of this section. 36
The Governor shall employ his best efforts to ensure that any final 37
agreement, compact or contract established under the Indian Gaming 38
Regulatory Act includes an Employment Rights Code in accordance 39
with subsection [(e)] (d) of this section. 40
[(e)] (d) The Employment Rights Code referred to under this section 41
shall include the following provisions: 42
(1) A commercial enterprise subject to tribal jurisdiction shall not, 43
except in the case of a bona fide occupational qualification or need, 44 Committee Bill No. 1027
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refuse to hire or employ or bar or discharge from employment any 45
individual or discriminate against him or her in compensation or in 46
terms, conditions or privileges of employment because of the 47
individual's race, color, religious creed, sex, gender identity or 48
expression, marital status, national origin, ancestry, age, present or past 49
history of mental disorder, intellectual disability, sexual orientation, 50
learning or physical disability, political activity, union activity or the 51
exercise of rights protected by the United States Constitution. This 52
subdivision shall not be construed to restrict the right of a tribe to give 53
preference in hiring to members of the tribe. 54
(2) A commercial enterprise subject to tribal jurisdiction shall not 55
deny any individual, including a representative of a labor organization, 56
seeking to ensure compliance with this section, access to employees of 57
the tribe's commercial enterprise during nonwork time in nonwork 58
areas. The tribe shall not permit any supervisor, manager or other agent 59
of the tribe to restrict or otherwise interfere with such access. 60
(3) When a labor organization claims that it has been designated or 61
selected for the purposes of collective bargaining by the majority of the 62
employees in a unit appropriate for such purposes, the labor 63
organization may apply to an arbitrator to verify the claim pursuant to 64
subdivision (4) of this subsection. If the arbitrator verifies that the labor 65
organization has been designated or selected as the bargaining 66
representative by a majority of the employees in an appropriate unit, the 67
tribe shall, upon request, recognize the labor organization as the 68
exclusive bargaining agent and bargain in good faith with the labor 69
organization in an effort to reach a collective bargaining agreement. 70
However, the arbitrator shall disallow any claim by a labor organization 71
that is dominated or controlled by the tribe. 72
(4) (A) Any individual or organization claiming to be injured by a 73
violation of any provision of this subsection shall have the right to seek 74
binding arbitration under the rules of the American Arbitration 75
Association. Such individual or organization shall file a demand for 76
arbitration with the tribe not later than one hundred eighty days after 77 Committee Bill No. 1027
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the employee or labor organization knows or should know of the tribe's 78
violation of any provision of this subsection. The demand shall state, in 79
plain language, the facts giving rise to the demand. 80
(B) The demand for arbitration shall also be served upon the 81
Connecticut office of the American Arbitration Association. Absent 82
settlement, a hearing shall be held in accordance with the rules and 83
procedures of the American Arbitration Association. The costs and fees 84
of the arbitrator shall be shared equally by the tribe and the labor 85
organization. 86
(C) The decision of the arbitrator shall be final and binding on both 87
parties and shall be subject to judicial review and enforcement against 88
all parties in the manner prescribed by chapter 909. 89
(5) A tribe shall not retaliate against any individual who exercises any 90
right under the Employment Rights Code. Any individual or 91
organization claiming to be injured by a violation of the provisions of 92
this section shall have the right to seek binding arbitration pursuant to 93
subdivision (4) of this subsection. 94
[(f)] (e) Notwithstanding the provisions of this section, the Governor 95
may negotiate an agreement with a tribe which establishes rights for 96
employees of commercial enterprises subject to tribal jurisdiction in 97
addition to those provided under the Employment Rights Code 98
established under subsection [(e)] (d) of this section. 99
Sec. 2. Section 46a-81aa of the general statutes is repealed and the 100
following is substituted in lieu thereof (Effective October 1, 2025): 101
The provisions of subsection (a) of section 4a-60, subsection (c) of 102
section 8-169s, section 8-265c, subsection (c) of section 8-294, section 8-103
315, subsection (a) of section 10-15c, section 10-153, subsection (b) of 104
section 10a-6, subsection (a) of section 11-24b, sections 16-245r and 16-105
247r, subsection (b) of section 28-15, section 31-22p, subsection [(e)] (d) 106
of section 31-57e, as amended by this act, sections 32-277, 38a-358 and 107
42-125a, subsection (c) of section 42-125b, subsection (a) of section 46a-108 Committee Bill No. 1027
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58, subsection (a) of section 46a-59, subsection (b) of section 46a-60, 109
subsection (a) of section 46a-64, subsections (a) and (e) of section 46a-110
64c, subsection (a) of section 46a-66, subsection (a) of section 46a-70, 111
subsection (a) of section 46a-71, subsection (b) of section 46a-72, 112
subsection (a) of section 46a-73, subsection (a) of section 46a-75, 113
subsection (a) of section 46a-76, subsections (b) and (c) of section 52-571d 114
and section 53-37a that prohibit discrimination on the basis of gender 115
identity or expression shall not apply to a religious corporation, entity, 116
association, educational institution or society with respect to the 117
employment of individuals to perform work connected with the 118
carrying on by such corporation, entity, association, educational 119
institution or society of its activities, or with respect to matters of 120
discipline, faith, internal organization or ecclesiastical rule, custom or 121
law which are established by such corporation, entity, association, 122
educational institution or society.123
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 31-57e
Sec. 2 October 1, 2025 46a-81aa
LAB Joint Favorable