Amended in Senate August 8, 2016

Amended in Senate September 1, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1282

Introduced by Assembly Member Gray

February 27, 2015

An act to begin delete amend Section 4800 of the Labor Code, relating to disability. end delete begin insert add Section 12012.76 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1282, as amended, Gray. begin delete Firefighters: disability. end delete begin insert Tribal gaming: compact ratification. end insert

begin insert

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 compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments to tribal-state gaming compacts, between the State of California and specified Indian tribes.

end insert begin insert

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.

end insert begin insert

This bill would ratify the tribal-state gaming compact entered into between the State of California and the Buena Vista Rancheria of Me-Wuk Indians of California, executed on June 28, 2016. The bill would provide that, in deference to tribal sovereignty, certain actions are not projects for the purposes of CEQA.

end insert begin insert

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

end insert begin delete

Existing law makes a member of the Department of Justice falling within the “state peace officer/firefighter” class, as specified, who is disabled by injury arising out of and in the course of his or her duties, he or she shall become entitled, regardless of his or her period of service with the Department of Justice, to a leave of absence while so disabled without loss of salary, in lieu of disability payments, as specified, for a period of not exceeding one year.

end delete begin delete

This bill would make all rank-and-file and supervisory firefighters employed by Department of Forestry and Fire Protection entitled to that benefit regardless of whether the firefighter is assigned by the department to a position in fire prevention, fire suppression, or other capacity.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 12012.76 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 12012.76. end insert   

(a) The tribal-state gaming compact entered into
in accordance with the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec.
2701 et seq.) between the State of California and the Buena Vista
Rancheria of Me-Wuk Indians of California, executed on June 28,
2016, is hereby ratified.

(b) (1) In deference to tribal sovereignty, none of the following
shall be deemed a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code):

(A) The execution of an amendment to the tribal-state gaming
compact ratified by this section.

(B) The execution of the tribal-state gaming compact ratified
by this section.

(C) The execution of an intergovernmental agreement between
a tribe and a county or city government negotiated pursuant to
the express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.

(D) The execution of an intergovernmental agreement between
a tribe and the Department of Transportation negotiated pursuant
to the express authority of, or as expressly referenced in, the
tribal-state gaming compact ratified by this section.

(E) The on-reservation impacts of compliance with the terms
of the tribal-state gaming compact ratified by this section.

(F) The sale of compact assets, as defined in subdivision (a) of
Section 63048.6, or the creation of the special purpose trust
established pursuant to Section 63048.65.

(2) Except as expressly provided herein, this subdivision does
not exempt a city, county, or city and county, or the Department
of Transportation, from the requirements of the California
Environmental Quality Act.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to enhance the economic development, stability, and
self-sufficiency of the Buena Vista Rancheria of Me-Wuk Indians
of California and to protect the interests of the tribe and its
members, the surrounding community, and the California public
at the earliest possible time, it is necessary that this act take effect
immediately.

end insert

begin delete

SECTION 1.  

Section 4800 of the Labor Code is amended to
read:

4800.  

(a) If a member of the Department of Justice who is
within the “state peace officer/firefighter” class is disabled by
injury arising out of and in the course of his or her duties, he or
she is entitled, regardless of his or her period of service with the
Department of Justice, to a leave of absence while so disabled
without loss of salary, in lieu of disability payments under this
chapter, for a period of not exceeding one year. This section applies
only to members of the Department of Justice whose principal
duties consist of active law enforcement and does not apply to
persons employed in the Department of Justice whose principal
duties are those of telephone operator, clerk, stenographer,
machinist, mechanic or otherwise clearly not within the scope of
active law enforcement service, even though this person is subject
to occasional call or is occasionally called upon to perform duties
within the scope of active law enforcement service.

(b) This section applies to law enforcement officers employed
by the Department of Fish and Wildlife who are described in
subdivision (e) of Section 830.2 of the Penal Code.

(c) This section applies to harbor police officers employed by
the San Francisco Port Commission who are described in Section
20402 of the Government Code.

(d) This section applies to all rank-and-file and supervisory
firefighters employed by Department of Forestry and Fire
Protection regardless of whether the firefighter is assigned by the
department to a position in fire prevention, fire suppression, or
other capacity.

(e) This section does not apply to periods of disability which
occur subsequent to termination of employment by resignation,
retirement or dismissal. In those circumstances in which this section
does not apply, the employee is eligible for those benefits which
would apply if this section had not been enacted.

end delete