Bill Text: CA AB1282 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tribal gaming: compact ratification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 287, Statutes of 2016. [AB1282 Detail]

Download: California-2015-AB1282-Amended.html

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BILL NUMBER: AB 1282	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 8, 2016
	AMENDED IN SENATE  SEPTEMBER 1, 2015

INTRODUCED BY   Assembly Member Gray

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1282, as amended, Gray.  Firefighters: disability.
  Tribal gaming: compact ratification.  
   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.  
   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.  
   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.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   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.  
   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. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12012.76 is added to the 
 Government Code  , to read:  
   12012.76.  (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. 
   SEC. 2.    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:
 
   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.  
  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.