Senate Bill S2333

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S2333 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Indian Law
Laws Affected:
Add §16, Indian L

2009-S2333 (ACTIVE) - Summary

Prohibits any executive officer of the state from concurring in, or consenting to, any determination by the United States Secretary of the Interior that allowing a gaming establishment on newly acquired Indian lands would be in the best interest of the Indian tribe and not detrimental to the surrounding community, without the express consent of the state legislature by statute or resolution.

2009-S2333 (ACTIVE) - Sponsor Memo

2009-S2333 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2333

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the Indian law, in relation to clarifying that an execu-
  tive officer may not consent to Indian gaming on newly acquired  lands
  without the express consent of the legislature

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The Indian law is amended by adding a  new  section  16  to
read as follows:
  S  16.  LEGISLATURE'S  EXPRESS  CONSENT  REQUIRED  FOR GAMING ON NEWLY
ACQUIRED LANDS. NO EXECUTIVE OFFICER OF THE  STATE  OF  NEW  YORK  SHALL
CONCUR  IN, OR CONSENT TO, ANY DETERMINATION BY THE UNITED STATES SECRE-
TARY OF THE INTERIOR THAT A GAMING ESTABLISHMENT ON NEWLY ACQUIRED INDI-
AN LANDS WOULD BE IN THE BEST INTEREST  OF  THE  INDIAN  TRIBE  AND  ITS
MEMBERS  AND  WOULD  NOT  BE  DETRIMENTAL  TO THE SURROUNDING COMMUNITY,
UNLESS THAT PARTICULAR DETERMINATION IS MADE UNDER  THE  AUTHORITY,  AND
WITH THE EXPRESS CONSENT, BY STATUTE OR RESOLUTION, OF THE LEGISLATURE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09328-01-9

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