Senate Bill S8502

2009-2010 Legislative Session

Authorizes Native American nations and tribes to make payments to municipal governments hosting tribal casinos

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 18, 2010	referred to rules

co-Sponsors

2009-S8502 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S866
2013-2014: S3083

2009-S8502 (ACTIVE) - Summary

Authorizes Native American nations and tribes to make payments to municipal governments hosting tribal casinos; such payments shall be in lieu of payments that the state is otherwise required to make to the municipal government.

2009-S8502 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8502

TITLE OF BILL:
An act to amend the executive law and the state finance law, in relation
to  authorizing  municipal governments hosting tribal casinos to receive
payments directly from Native American nations or tribes

PURPOSE:
To authorize local governments that host Indian casinos  the  option  to
receive  payments  directly  from an Indian nation or tribe, rather than
receiving such monies through the State.

SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision d to § 12 of the Executive Law to allow
that any municipal government that hosts a  tribal  casino  may  receive
payments  directly  from  an Indian nation or tribe. It further provides
that any such payments made shall be deemed to have been made in  satis-
faction of the tribal-state compact, and provides that all such payments
are  to  be  deducted  from  the amount the municipality would otherwise
receive under SFL § 99-h.

Section 2 amends subdivision 2 of State Finance Law § 99-h to  authorize
the payments of casino monies under a tribal-state compact directly to a
host municipality.

Section  3  adds  a  new  subdivision  2-a  to  State Finance Law § 99-h

requires any host community receiving funds pursuant to  a  tribal-state
compact  directly  from  an  Indian  nation or tribe to inform the State
Comptroller of such payment within 7 days. It also makes it  clear  that
any  such  payments  (1) satisfy the obligations of the Indian nation or
tribe under the state-nation compact, and (2)  that  any  such  payments
made  directly  by  an  Indian nation or tribe to a municipal government
shall be deducted from the amounts the state would otherwise be required
to pay the municipality under SFL § 99-h.

Section 4 provides for an immediate effective date.

JUSTIFICATION:
The State of New York and the Seneca Nation of Indians are currently  in
a  dispute  over  the  terms  of  the  State-Nation gaming compact. As a
result, the Seneca Nation Tribal Council recently voted to  stop  making
payments  to  the  state under the state-nation gaming compact, claiming
that the state has breached the agreement, which gives the Seneca Nation
exclusive rights to operate gaming facilities in Western New York.

Unfortunately, the municipalities hosting the  Seneca  Nation's  casinos
have  become  innocent  victims  of this dispute, since a portion of the
funds generated at those casinos ultimately  go  to  the  municipalities
that  host them. Those funds are being denied to the host municipalities
while New York State and the Seneca Nation try to resolve their  differ-
ences,  meaning  that  the local governments are not receiving necessary

funds that they are otherwise entitled to and desperately need in  these
difficult economic times.

This  legislation represents a compromise to avoid economic harm to host
communities. It authorizes an Indian Nation or tribe, such as the Seneca
Nation of Indians, to pay host municipalities directly while  they  work
with New York State to resolve their differences.

Where  an Indian Nation or tribe makes direct payments to a host munici-
pality, the bill requires the host  municipality  to  notify  the  State
Comptroller  in  order  to  ensure  that Nation receives credit from the
State for making such payments. It also provides that  any  municipality
receiving  direct  payments  would  have  such amounts deducted from the
amounts they would otherwise be due from the State.

By altering state law to permit direct payments from an Indian casino to
a host community, this legislation is intended to protect  host  munici-
palities  and the residents of these communities. Its enactment into law
will ensure that they do not suffer while the State and an Indian Nation
or tribe resolve a dispute that the host municipality is not a party to.

This compromise will protect the Western New York  economy  by  ensuring
that  payments  due  as a result of locally generated casino dollars are
not held up due to the inability of the state's leadership in Albany  to
resolve  their  dispute  over  the  terms of the gaming compact with the
Seneca Nation of Indians.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the State. The monies that will go  to  local  governments  that
host  Indian  casinos  if this bill becomes law are monies that they are
otherwise entitled to receive under current state law.

EFFECTIVE DATE:
Takes effect immediately, with provisions.

2009-S8502 (ACTIVE) - Bill Text download pdf

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

                                  8502

                            I N  S E N A T E

                            October 18, 2010
                               ___________

Introduced  by  Sens.  YOUNG,  MAZIARZ,  RANZENHOFER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

AN ACT to amend the executive law and the state finance law, in relation
  to authorizing municipal governments hosting tribal casinos to receive
  payments directly from Native American nations or tribes

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

  Section 1. Section 12 of the executive law is amended by adding a  new
subdivision (d) to read as follows:
  (D)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MUNICIPAL GOVERN-
MENT THAT HOSTS GAMING AND RELATED FACILITIES OF THE NATION MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  THE  NATION  PURSUANT  TO SUBDIVISION TWO-A OF
SECTION NINETY-NINE-H OF THE STATE FINANCE  LAW,  AS  ADDED  BY  CHAPTER
THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE. ANY PAYMENTS
MADE  BY THE NATION DIRECTLY TO A MUNICIPAL GOVERNMENT THAT HOSTS GAMING
AND RELATED FACILITIES PURSUANT TO THIS SUBDIVISION SHALL BE  DEEMED  TO
HAVE  BEEN  MADE IN SATISFACTION OF THE COMPACT, AND SUCH PAYMENTS SHALL
BE DEDUCTED FROM THE AMOUNTS THE STATE IS REQUIRED TO PAY SUCH MUNICIPAL
GOVERNMENT PURSUANT TO SUBDIVISION THREE OR FOUR OF SUCH  SECTION  NINE-
TY-NINE-H.
  S  2.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by chapter 747 of the laws of 2006, is amended and a new  subdi-
vision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO A MUNICIPAL GOVERNMENT THAT
HOSTS A TRIBAL CASINO.
  2-A. A MUNICIPAL GOVERNMENT THAT HOSTS A  TRIBAL  CASINO  MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  A  NATIVE  AMERICAN NATION OR TRIBE; PROVIDED,
HOWEVER, THAT THE CHIEF  FISCAL  OFFICER  OF  THE  MUNICIPAL  GOVERNMENT

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

                                                           LBD18206-03-0

S. 8502                             2

SHALL,  WITHIN  SEVEN  DAYS  OF THE RECEIPT OF SUCH PAYMENTS, NOTIFY THE
STATE COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH  MUNICI-
PAL  GOVERNMENT.  ALL  PAYMENTS  RECEIVED BY A MUNICIPAL GOVERNMENT THAT
HOSTS  A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION
OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
CLE TWO OF THE EXECUTIVE LAW AND A TRIBAL-STATE  COMPACT  WITH  THE  ST.
REGIS  MOHAWK  TRIBE EXECUTED PURSUANT TO CHAPTER FIVE HUNDRED NINETY OF
THE LAWS OF TWO THOUSAND FOUR, AND SUCH PAYMENTS SHALL BE DEDUCTED  FROM
THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OR FOUR THIS SECTION.
  S  3.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by section 1 of part V of chapter 59 of the  laws  of  2006,  is
amended and a new subdivision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO A MUNICIPAL GOVERNMENT THAT
HOSTS A TRIBAL CASINO.
  2-A. A MUNICIPAL GOVERNMENT THAT HOSTS A  TRIBAL  CASINO  MAY  RECEIVE
PAYMENTS FROM A NATIVE AMERICAN NATION OR TRIBE; PROVIDED, HOWEVER, THAT
THE CHIEF FISCAL OFFICER OF THE MUNICIPAL GOVERNMENT SHALL, WITHIN SEVEN
DAYS  OF THE RECEIPT OF SUCH PAYMENTS, NOTIFY THE STATE COMPTROLLER THAT
SUCH PAYMENTS HAVE BEEN  RECEIVED  BY  SUCH  MUNICIPAL  GOVERNMENT.  ALL
PAYMENTS  RECEIVED  BY A MUNICIPAL GOVERNMENT THAT HOSTS A TRIBAL CASINO
SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION  OF  THE  TRIBAL-STATE
COMPACT  EXECUTED  PURSUANT  TO  ARTICLE  TWO OF THE EXECUTIVE LAW AND A
TRIBAL-STATE COMPACT WITH THE ST. REGIS MOHAWK TRIBE  EXECUTED  PURSUANT
TO  CHAPTER  FIVE  HUNDRED  NINETY OF THE LAWS OF TWO THOUSAND FOUR, AND
SUCH PAYMENTS SHALL  BE  DEDUCTED  FROM  THOSE  PAYMENTS  THE  STATE  IS
REQUIRED  TO  MAKE  TO  THE MUNICIPAL GOVERNMENT PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
  S 4. This act shall take effect immediately; provided,  however,  that
the  amendments  to  subdivision  2 of section 99-h of the state finance
law, made by section two of this act, shall not  affect  the  expiration
and  reversion of such section and the provisions of section two of this
act shall expire and be deemed repealed therewith; when upon  such  date
section three of this act shall take effect.

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Senate Bill S8502

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2009-S8502 (ACTIVE) - Details

2009-S8502 (ACTIVE) - Summary

2009-S8502 (ACTIVE) - Sponsor Memo

2009-S8502 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

George D. Maziarz

Michael H. Ranzenhofer

2009-S8502 (ACTIVE) - Details

2009-S8502 (ACTIVE) - Summary

2009-S8502 (ACTIVE) - Sponsor Memo

2009-S8502 (ACTIVE) - Bill Text download pdf

Comments