AB 31 would combat Missing and Murdered Indigenous People crisis and remedy safety perils created by decades-old federal statute; AB 53 would give retired veterans and spouses a state tax exemption on military pensions
SACRAMENTO –Assemblymember James C. Ramos (D-San Bernardino) reintroduced a public safety bill to grant state peace officer status to tribal law enforcement under a pilot program and a bill to grant a state tax exemption on military pensions.
AB 31 Tribal Peace Officers
Ramos introduced AB 31, the tribal peace officer status proposal to confront California’s Missing and Murdered Indigenous People (MMIP) crisis and address critical ongoing public safety issues created by a 1953 federal statute, Public Law 280 (PL 280). Last year’s bill, AB 2138, passed during the last legislative session unanimously.
“PL 280 transferred responsibility for law enforcement and criminal justice on tribal lands to six states, including California. The law resulted in fewer resources for public safety on reservations and created confusion among federal, state and local law enforcement jurisdictions. “Tribal sovereignty, transparency and granting of specific powers are issues we were not able to resolve last year despite good will and determination to overcome the inequities and dangers created by the federal statute,” according to Assemblymember Ramos.
California ranks fifth in the nation in the number of unresolved MMIP cases. “We must continue to press forward our efforts to prevent and resolve these cases that result in loss of life and great trauma for future generations in Indian Country, especially when the violence leaves children without parents,” Ramos said.
AB 31 would authorize the state Department of Justice to grant tribal police from three California tribes state peace officer status if they meet the same California requirements and standards as other police officers in the state. Enactment of AB 31 would assist all law enforcement by clarifying jurisdiction and permitting tribal police to assist communities close to reservations. The bill would also allow participating tribes to enter into agreements to share liability and collaborate on MMIP cases.
Ramos states that PL 280 resulted in fewer resources for public safety and created jurisdictional confusion among federal, state and local law enforcement and less safety overall on reservations.
Last March, the Assembly Select Committee on Native American Affairs and the Public Safety Committee conducted an informational roundtable about the impact of the federal law in California and how it contributes to the MMIP crisis. The hearing featured tribal leaders and police, victims and University of California, Los Angles author and distinguished research professor Carole Goldberg, an authority on PL 280.
Negative impacts of PL 280 include the absence of peace officer status for tribal police; the inability to arrest non-Native persons committing crimes on tribal lands, less support for funding and infrastructure, lack of equipment and training, and a greater mistrust of policing.
If AB 31 is approved, the DOJ would monitor, evaluate and support the program that will not be construed to infringe on tribal sovereignty. A tribal officer designated as a peace officer would have authority on tribal lands and also in any place in the state specified in the bill such as:
- When an immediate danger to persons or property exists;
- When making an arrest where there is probable cause to believe a public offense has occurred on tribal land and with prior consent of the police or sheriff;
- When an officer is in hot pursuit of a suspect involving a crime committed on tribal land; and
- When delivering an apprehended person to the law enforcement authority or magistrate in the city or county where the offense occurred.
In working on last year’s bill, Ramos discussed why this measure was important to curtailing violence on reservations and a tool in reducing the state’s MMIP caseload in an op-ed.
AB 53 Tax Exemption on Military Pensions
Ramos also introduced AB 53 that would allow military retirees and their surviving spouses to claim a state tax exemption on their armed forces pensions. Last year’s bill was AB 46. AB 53 marks Ramos’s third attempt to secure the tax relief for retired armed forces personnel and tenth legislative attempt to grant such an exemption. California is the only state that taxes all or part of military retiree pensions.
“I’m not one to give up on something I think is important,” Ramos said. “California is the only state to tax the pensions of our military personnel. We need to make the state more veteran friendly and honor the many sacrifices of our armed services personnel and their spouses.”
Ramos added, “Ramos said the tax relief would help make California more veteran friendly. “Military retirees bring benefits to our state such as stability, job skills used in second careers, and federal funding. These men and women served our nation in a variety of valuable capacities, and they and their families have frequently done so at great personal sacrifice. California needs to more fully acknowledge the contributions they make.”
The lawmaker noted that although California is home to the largest number of active-duty military personnel in the country, its military retiree population has realized a steady decline dating back to 2010. “Military retirees contribute to the state's workforce development where they chose to retire. Our state loses out on millions of dollars in federal funds that follow military retirees after retirement,” Ramos stated.
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Assemblymember James C. Ramos proudly represents the 45th Assembly district that includes the Cities of Fontana, Highland, Mentone, Redlands, Rialto and San Bernardino. He is the first and only California Native American serving in the state’s legislature. Ramos chairs the Assembly Budget Subcommittee #6 on Public Safety.