July 2, 2008

Senator Romero
State Capitol, Room 313
Sacramento, CA 95814
(916)445-0485 facsimile
(916)651-4024 phone

RE: Opposition to SB 331

Dear Senator Romero:

Please accept this letter in Opposition to SB 331. In addition, I respectfully request that
you pull the bill from future consideration or amend it to address the concerns expressed
below. While I do not believe it was the intent of SB 331 to victimize California Indians
or to further oppress those who have been subjected to human and civil rights violations
which have changed their status from “tribal member” to “non-member”, as written, SB
331 would do both.

SB 331 fails to consider the unique history of the Indians of California. This failing
would have negative impacts on thousands of California Indians who would find
themselves subject to the provisions of SB 331. Specifically, SB 331 would impact the
lives of California Indians, whose status as such is governed and defined by federal law,
and the thousands of individuals who have had their tribal membership stripped or denied
since the expansion of tribal gaming in California. Unedr SB 331, these individuals could
be guilty of an infraction and subject to a fine for acts as simple and necessary as getting
to their homes, seeking medical services at Indian Health facilities, participating in
federally funded programs, and/or visiting family even though these individuals continue
to live on their allotments and are a continuation of generations of family members who
have owned and lived on the same allotment located within tribal lands.

Considering the unintended consequences and victims, I respectfully request that

you pull SB 331. There must be a better way to address the underlying issues SB 331
was intended to address without also infringing on the lives and rights of thousands of
California Indians, many of whom who have already been victimized by arbitrary and
egregious acts of tribal officials.

If you will not pull the bill, I suggest that you consider amending SB 331 to so that it will
not further victimize thousands of California Indians. Amendments to SB 331 should
consider exempting the following classes of people:

(1) Any person who is an Indian of California as defined in Title 25 Chapter 14

Subchapter XXV Section 651 of the United States Code.
(2) Any person who has been disenrolled, banished, or whose membership status
has been stripped, re-classified, or denied by action of a federally recognized tribe, band,
or group
 (3) Any person receiving or attempting to receive services or participating in or
attempting to participate in programs based on their status as an Indian of California as
that term is defined in Title 25 Chapter 14 Subchapter XXV Section 651 of the United
States Code
(4) Any person who has received a written notice forbidding trespass by the tribal
government occupying the land if such person was denied the protections of the
California Constitution, the United States Constitution, or the Indian Civil Rights Act of
1968. The tribal government issuing the written notice forbidding trespass shall not have
claimed sovereignty in order to escape compliance with the California Constitution, the
United States Constitution, or the ICRA.

Sincerely,

Print Name:
_________________________________________________________________
Address:
_________________________________________________________________
Email/Phone:
________________________________________________________________

Cc: Assembly Appropriations Committee

Assembly Speaker Karen Bass