NY State Senate Bill 2011-S866

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2012	print number 866c
Apr 18, 2012	amend and recommit to finance
Jan 04, 2012	referred to finance
Feb 28, 2011	print number 866b
Feb 28, 2011	amend and recommit to finance
Feb 23, 2011	print number 866a
Feb 23, 2011	amend and recommit to finance
Jan 05, 2011	referred to finance

co-Sponsors

2011-S866 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8502
2013-2014: S3083

2011-S866 - 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.

2011-S866 - Sponsor Memo

                                 BILL NUMBER:  S866

 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 satisfaction 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 differences, 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
municipality, 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
municipalities 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 :
2010: S.8502 Referred to Rules

 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 upon enactment into law, with provisions.

2011-S866 - Bill Text download pdf

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

                                   866

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

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.

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

                                                           LBD02684-01-1

S. 866                              2

  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
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.

co-Sponsors

2011-S866A - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8502
2013-2014: S3083

2011-S866A - 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.

2011-S866A - Sponsor Memo

                                BILL NUMBER:S866A

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 Native American casinos the
option to receive payments directly from an Native American 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 a Native American nation or tribe. It
further provides that any such payments made shall be deemed to have
been made in satisfaction 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 a Native American 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 Native American nation or tribe under the
state-nation compact, and (2) that any such payments made directly by
a Native American 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 differences, 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 a Native American 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 a Native American nation or tribe makes direct payments to a
host municipality, the bill requires the host municipality to notify
the State Comptroller in order to ensure that the nation or tribe
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 a Native American
Casino to a host community, this legislation is intended to protect
host municipalities and the residents of these communities. Its
enactment into law will ensure that they do not suffer while the
State and a Native American 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:

2010: S.8502 Referred to Rules

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:

Takes effect immediately upon enactment into law.

2011-S866A - Bill Text download pdf

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

                                 866--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. YOUNG, MAZIARZ, GALLIVAN, GRISANTI -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended and recommitted to said committee

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  ANY 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 NINETY-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-

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

                                                           LBD02684-02-1

S. 866--A                           2

ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  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
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 ANY 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  ANY  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 ANY 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.

co-Sponsors

2011-S866B - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8502
2013-2014: S3083

2011-S866B - 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.

2011-S866B - Sponsor Memo

                                BILL NUMBER:S866B

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 Native American casinos the
option to receive payments directly from an Native American 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 a Native American nation or tribe. It
further provides that any such payments made shall be deemed to have
been made in satisfaction 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 a Native American 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 Native American nation or tribe under the
state-nation compact, and (2) that any such payments made directly by
a Native American 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 differences, 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 a Native American 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 a Native American nation or tribe makes direct payments to a
host municipality, the bill requires the host municipality to notify
the State Comptroller in order to ensure that the nation or tribe
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 a Native American
Casino to a host community, this legislation is intended to protect
host municipalities and the residents of these communities. Its
enactment into law will ensure that they do not suffer while the
State and a Native American 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:

2010: S.8502 Referred to Rules

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:

Takes effect immediately upon enactment into law.

2011-S866B - Bill Text download pdf

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

                                 866--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. YOUNG, MAZIARZ, GALLIVAN, GRISANTI, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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  ANY  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 NINETY-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

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

                                                           LBD02684-03-1

S. 866--B                           2

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 ANY 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
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 ANY 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  ANY  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
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 DIRECTLY RECEIVED BY ANY MUNICIPAL  GOVERN-
MENT  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.

co-Sponsors

2011-S866C (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8502
2013-2014: S3083

2011-S866C (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.

2011-S866C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S866C

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 Native American casinos the
option to receive payments directly from an Native American 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 a Native American nation or tribe. It further
provides that any such payments made shall be deemed to have been made
in satisfaction 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. The bill also provides that any
municipal government which receives payment pursuant to this section
shall utilize the funds received for purposes authorized under section
99-h of the state finance law, the same purposes which would apply had

the payment had been channeled through the state.

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 a Native American 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 Native Ameri-
can nation or tribe under the state-nation compact, and (2) that any
such payments made directly by a Native American 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 a Native American 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 a Native American nation or tribe makes direct payments to a host
municipality, the bill requires the host municipality to notify the
State Comptroller in order to ensure that the nation or tribe 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 a Native American
Casino to a host community, this legislation is intended to protect host
municipalities and the residents of these communities. Its enactment
into law will ensure that they do not suffer while the State and a
Native American nation or tribe resolve a dispute that the host munici-
pality 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:

2010: S.8502 Referred to Rules

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:

Takes effect immediately upon enactment into law.

2011-S866C (ACTIVE) - Bill Text download pdf

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

                                 866--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. YOUNG, MAZIARZ, GALLIVAN, GRISANTI, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Finance  in  accordance  with  Senate  Rule  6,  sec.  8  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 two
new subdivisions (d) and (e) 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  ANY  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 NINETY-NINE-H.
  (E) ANY MUNICIPAL GOVERNMENT RECEIVING PAYMENT PURSUANT TO SUBDIVISION
(D) OF THIS SECTION SHALL BE AUTHORIZED TO EXPEND SUCH FUNDS IN THE SAME
MANNER AS IF SUCH PAYMENT HAD BEEN MADE BY THE STATE  TO  THE  MUNICIPAL

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

                                                           LBD02684-05-2

S. 866--C                           2

GOVERNMENT   PURSUANT   TO   SUBDIVISIONS  THREE  AND  FOUR  OF  SECTION
NINETY-NINE-H OF THE STATE FINANCE LAW.
  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  ANY  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
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 ANY 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  ANY  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
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 DIRECTLY RECEIVED BY ANY MUNICIPAL  GOVERN-
MENT  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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