Connecticut 2025 Regular Session

Connecticut Senate Bill SB01027 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 4289 1 of 5
	3	+
	4	+	LCO No. 4289 1 of 5
4	5
5	6		General Assembly Committee Bill No. 1027
6	7		January Session, 2025
7	8		LCO No. 4289
8	9
9	10
10	11		Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11	12
12	13
13	14		Introduced by:
14	15		(LAB)
15	16
16	17
17	18
18	19		AN ACT REMOVING THE REQUIREMENT THAT THE STATE OPPOSE
19	20		APPLICATIONS BY FEDERALLY RECOGNIZED INDIAN TRIBES TO
20	21		CONVERT ANY PARCEL OF FEE INTEREST LAND TO FEDERAL
21	22		TRUST STATUS.
22	23		Be it enacted by the Senate and House of Representatives in General
23	24		Assembly convened:
24	25
25	26		Section 1. Section 31-57e of the general statutes is repealed and the 1
26	27		following is substituted in lieu thereof (Effective October 1, 2025): 2
27	28		(a) As used in this section: 3
28	29		(1) "Commercial enterprise" means any form of commercial conduct 4
29	30		or a particular commercial transaction or act, including the operation of 5
30	31		a casino, which relates to or is connected with any profit-making 6
31	32		pursuit; 7
32	33		(2) "Labor organization" means any organization which exists for the 8
33	34		purpose, in whole or in part, of collective bargaining or of dealing with 9
34	35		employers concerning grievances, terms or conditions of employment, 10
35	36		or of other mutual aid or protection in connection with employment; 11
36		-	(3) "Tribe" means any federally recognized Indian tribe which is 12 Committee Bill No. 1027
	37	+	(3) "Tribe" means any federally recognized Indian tribe which is 12
	38	+	Committee Bill No. 1027
37	39
38	40
39		-	LCO 4289 2 of 5
	41	+	LCO No. 4289 2 of 5
40	42
41	43		subject to the Indian Gaming Regulatory Act, P.L. 100-497, 25 USC 2701 13
42	44		et seq. 14
43	45		(b) The state shall not provide any funds or services which directly or 15
44	46		indirectly assist any tribe engaged in a commercial enterprise until the 16
45	47		tribe adopts an Employment Rights Code established pursuant to 17
46	48		subsection [(e)] (d) of this section, unless such funds or services are (1) 18
47	49		required by federal or state law, (2) were agreed to in writing prior to 19
48	50		July 1, 1993, or (3) are provided to a project which is covered by federal 20
49	51		or state employment regulations or employment rights laws. This 21
50	52		subsection shall not be construed to prohibit the state from enforcing 22
51	53		any civil or criminal law, or any gaming regulation at a commercial 23
52	54		enterprise owned or operated by a tribe, or to require the state to enforce 24
53	55		a violation of any criminal law which would not be a violation if it 25
54	56		occurred outside tribal land. The Governor, upon consulting with the 26
55	57		leaders of the General Assembly, may waive the restrictions set forth in 27
56	58		this subsection in the event of a declared emergency. 28
57	59		[(c) The state shall oppose any application by a tribe, pursuant to 25 29
58	60		CFR chapter 151, to convert any parcel of fee interest land to federal trust 30
59	61		status. The conversion shall be deemed contrary to the interest of the 31
60	62		state and its residents.] 32
61	63		[(d)] (c) The Governor shall include in each future proposal by the 33
62	64		state in negotiations conducted pursuant to the Indian Gaming 34
63	65		Regulatory Act, a provision requiring the adoption of an Employment 35
64	66		Rights Code established pursuant to subsection [(e)] (d) of this section. 36
65	67		The Governor shall employ his best efforts to ensure that any final 37
66	68		agreement, compact or contract established under the Indian Gaming 38
67	69		Regulatory Act includes an Employment Rights Code in accordance 39
68	70		with subsection [(e)] (d) of this section. 40
69	71		[(e)] (d) The Employment Rights Code referred to under this section 41
70	72		shall include the following provisions: 42
71	73		(1) A commercial enterprise subject to tribal jurisdiction shall not, 43
72		-	~~except in the case of a bona fide occupational qualification or need, 44~~ Committee Bill No. 1027
	74	+	Committee Bill No. 1027
73	75
74	76
75		-	LCO 4289 3 of 5
	77	+	LCO No. 4289 3 of 5
76	78
	79	+	except in the case of a bona fide occupational qualification or need, 44
77	80		refuse to hire or employ or bar or discharge from employment any 45
78	81		individual or discriminate against him or her in compensation or in 46
79	82		terms, conditions or privileges of employment because of the 47
80	83		individual's race, color, religious creed, sex, gender identity or 48
81	84		expression, marital status, national origin, ancestry, age, present or past 49
82	85		history of mental disorder, intellectual disability, sexual orientation, 50
83	86		learning or physical disability, political activity, union activity or the 51
84	87		exercise of rights protected by the United States Constitution. This 52
85	88		subdivision shall not be construed to restrict the right of a tribe to give 53
86	89		preference in hiring to members of the tribe. 54
87	90		(2) A commercial enterprise subject to tribal jurisdiction shall not 55
88	91		deny any individual, including a representative of a labor organization, 56
89	92		seeking to ensure compliance with this section, access to employees of 57
90	93		the tribe's commercial enterprise during nonwork time in nonwork 58
91	94		areas. The tribe shall not permit any supervisor, manager or other agent 59
92	95		of the tribe to restrict or otherwise interfere with such access. 60
93	96		(3) When a labor organization claims that it has been designated or 61
94	97		selected for the purposes of collective bargaining by the majority of the 62
95	98		employees in a unit appropriate for such purposes, the labor 63
96	99		organization may apply to an arbitrator to verify the claim pursuant to 64
97	100		subdivision (4) of this subsection. If the arbitrator verifies that the labor 65
98	101		organization has been designated or selected as the bargaining 66
99	102		representative by a majority of the employees in an appropriate unit, the 67
100	103		tribe shall, upon request, recognize the labor organization as the 68
101	104		exclusive bargaining agent and bargain in good faith with the labor 69
102	105		organization in an effort to reach a collective bargaining agreement. 70
103	106		However, the arbitrator shall disallow any claim by a labor organization 71
104	107		that is dominated or controlled by the tribe. 72
105	108		(4) (A) Any individual or organization claiming to be injured by a 73
106	109		violation of any provision of this subsection shall have the right to seek 74
107	110		binding arbitration under the rules of the American Arbitration 75
108		-	Association. Such individual or organization shall file a demand for 76
109		-	arbitration with the tribe not later than one hundred eighty days after 77 Committee Bill No. 1027
	111	+	Committee Bill No. 1027
110	112
111	113
112		-	LCO 4289 4 of 5
	114	+	LCO No. 4289 4 of 5
113	115
	116	+	Association. Such individual or organization shall file a demand for 76
	117	+	arbitration with the tribe not later than one hundred eighty days after 77
114	118		the employee or labor organization knows or should know of the tribe's 78
115	119		violation of any provision of this subsection. The demand shall state, in 79
116	120		plain language, the facts giving rise to the demand. 80
117	121		(B) The demand for arbitration shall also be served upon the 81
118	122		Connecticut office of the American Arbitration Association. Absent 82
119	123		settlement, a hearing shall be held in accordance with the rules and 83
120	124		procedures of the American Arbitration Association. The costs and fees 84
121	125		of the arbitrator shall be shared equally by the tribe and the labor 85
122	126		organization. 86
123	127		(C) The decision of the arbitrator shall be final and binding on both 87
124	128		parties and shall be subject to judicial review and enforcement against 88
125	129		all parties in the manner prescribed by chapter 909. 89
126	130		(5) A tribe shall not retaliate against any individual who exercises any 90
127	131		right under the Employment Rights Code. Any individual or 91
128	132		organization claiming to be injured by a violation of the provisions of 92
129	133		this section shall have the right to seek binding arbitration pursuant to 93
130	134		subdivision (4) of this subsection. 94
131	135		[(f)] (e) Notwithstanding the provisions of this section, the Governor 95
132	136		may negotiate an agreement with a tribe which establishes rights for 96
133	137		employees of commercial enterprises subject to tribal jurisdiction in 97
134	138		addition to those provided under the Employment Rights Code 98
135	139		established under subsection [(e)] (d) of this section. 99
136	140		Sec. 2. Section 46a-81aa of the general statutes is repealed and the 100
137	141		following is substituted in lieu thereof (Effective October 1, 2025): 101
138	142		The provisions of subsection (a) of section 4a-60, subsection (c) of 102
139	143		section 8-169s, section 8-265c, subsection (c) of section 8-294, section 8-103
140	144		315, subsection (a) of section 10-15c, section 10-153, subsection (b) of 104
141	145		section 10a-6, subsection (a) of section 11-24b, sections 16-245r and 16-105
	146	+	Committee Bill No. 1027
	147	+
	148	+
	149	+	LCO No. 4289 5 of 5
	150	+
142	151		247r, subsection (b) of section 28-15, section 31-22p, subsection [(e)] (d) 106
143	152		of section 31-57e, as amended by this act, sections 32-277, 38a-358 and 107
144		-	42-125a, subsection (c) of section 42-125b, subsection (a) of section 46a-108 Committee Bill No. 1027
145		-
146		-
147		-	LCO 4289 5 of 5
148		-
	153	+	42-125a, subsection (c) of section 42-125b, subsection (a) of section 46a-108
149	154		58, subsection (a) of section 46a-59, subsection (b) of section 46a-60, 109
150	155		subsection (a) of section 46a-64, subsections (a) and (e) of section 46a-110
151	156		64c, subsection (a) of section 46a-66, subsection (a) of section 46a-70, 111
152	157		subsection (a) of section 46a-71, subsection (b) of section 46a-72, 112
153	158		subsection (a) of section 46a-73, subsection (a) of section 46a-75, 113
154	159		subsection (a) of section 46a-76, subsections (b) and (c) of section 52-571d 114
155	160		and section 53-37a that prohibit discrimination on the basis of gender 115
156	161		identity or expression shall not apply to a religious corporation, entity, 116
157	162		association, educational institution or society with respect to the 117
158	163		employment of individuals to perform work connected with the 118
159	164		carrying on by such corporation, entity, association, educational 119
160	165		institution or society of its activities, or with respect to matters of 120
161	166		discipline, faith, internal organization or ecclesiastical rule, custom or 121
162	167		law which are established by such corporation, entity, association, 122
163	168		educational institution or society.123
164	169		This act shall take effect as follows and shall amend the following
165	170		sections:
166	171
167	172		Section 1 October 1, 2025 31-57e
168	173		Sec. 2 October 1, 2025 46a-81aa
169	174
170		-	LAB Joint Favorable
	175	+	Statement of Purpose:
	176	+	To remove the requirement that the state oppose any application by a
	177	+	federally recognized Indian tribe to convert any parcel of fee interest
	178	+	land to federal trust status.
	179	+
	180	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	181	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	182	+	underlined.]
	183	+
	184	+	Co-Sponsors: SEN. OSTEN, 19th Dist.
	185	+
	186	+	S.B. 1027
171	187