senate Bill S2333

Prohibits any executive officer of the state from concurring in federal determination allowing a gaming establishment on newly acquired Indian lands without consent

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Feb / 2009
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 06 / Jan / 2010
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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Bill Details

Versions:
S2333
Legislative Cycle:
2009-2010
Current Committee:
Senate Investigations And Government Operations
Law Section:
Indian Law

Sponsor Memo

BILL NUMBER: S2333

TITLE OF BILL :
An act to amend the Indian law, in relation to clarifying that an
executive officer may not consent to Indian gaming on newly acquired
lands without the express consent of the legislature


PURPOSE :
This bill would clarify that an executive official may not consent to
a federal determination which would allow Indian gambling on newly
acquired lands without the express consent of the Legislature.

SUMMARY OF PROVISIONS :
This bill adds a new section 16 to the Indian Law, which would clarify
that an executive official may not consent to a federal determination
which would allow Indian gambling on newly acquired lands without the
express consent of the Legislature.

EXISTING LAW :
This bill would implement in statute N.Y.S. Constitution, Art. 3,
Section 1, which invests the legislative policy making function in the
Legislature.

JUSTIFICATION :
The federal Indian Gaming Regulation Act (IORA) authorizes State
agreements with an Indian tribe to permit commercialized gambling on
Indian land. IORA generally prohibits Indian gambling on lands
acquired after 1988, unless the Secretary of Interior determines that
gambling on new Indian lands would be in the best interest of the
tribe and would not be detrimental to the surrounding community. This
bill would clarify that the authority and express consent of the
Legislature is required before any New York State executive official
concurs in a determination which would allow gambling on newly
acquired Indian lands.

LEGISLATIVE HISTORY :
S.94 of 2007-08; S.402 of 2005-06; S.22 of 2003-04; S.185 of 2001-02;
S.1392 of 1999-2000; S.3263 of 1997-98.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
Immediately.
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