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Assembly Bill A7728

2023-2024 Legislative Session

Relates to comptroller oversight of tribal-state compacts prior to federal approval

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Archive: Last Bill Status - In Assembly Committee

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2023-A7728 (ACTIVE) - Details

See Senate Version of this Bill:
S7502
Current Committee:
Assembly Governmental Operations
Law Section:
State Finance Law
Laws Affected:
Amd §8, St Fin L
Versions Introduced in 2025-2026 Legislative Session:
A4286, S3419

2023-A7728 (ACTIVE) - Summary

Directs the comptroller to review and provide a recommendation of approval or modifications, for submission for federal approval of any tribal-state compact approved or executed between the state of New York, the governor, or his or her designee and an Indian nation or tribe.

2023-A7728 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7728
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced by M. of A. MORINELLO, J. M. GIGLIO -- read once and referred
   to the Committee on Governmental Operations
 
 AN  ACT to amend the state finance law, in relation to comptroller over-
   sight of tribal-state compacts prior to federal approval
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 8 of the state finance law is amended by adding a
 new subdivision 21 to read as follows:
   21. NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  LAW,  REVIEW  AND
 PROVIDE  A  RECOMMENDATION  OF APPROVAL OR MODIFICATIONS, FOR SUBMISSION
 FOR FEDERAL APPROVAL OF ANY TRIBAL-STATE COMPACT  APPROVED  OR  EXECUTED
 BETWEEN  THE STATE OF NEW YORK, THE GOVERNOR, OR HIS OR HER DESIGNEE AND
 AN INDIAN NATION OR TRIBE, PURSUANT TO THE INDIAN GAMING REGULATORY  ACT
 OF  1988  (P.L.  100-497;  25  U.S.C.    §§  2701-2721 AND 187 U.S.C. §§
 1166-1168). WHEN REVIEWING AND PROVIDING A RECOMMENDATION OF APPROVAL OR
 MODIFICATIONS, THE COMPTROLLER SHALL CONSIDER THE FOLLOWING FACTORS:
   A. WHETHER PROPER PROCEDURES WERE FOLLOWED BY THE GOVERNOR OR  HIS  OR
 HER  DESIGNEE  AND  ANY  OTHER  PARTIES THAT HAVE ENTERED INTO A RECUSAL
 AGREEMENT IF A RECUSAL WAS WARRANTED AND/OR OCCURRED;
   B. DIRECT LOBBYING BY INTERESTED PARTIES AND CONTINUED COMPLIANCE WITH
 ANY APPLICABLE RECUSAL AGREEMENTS;
   C. WHETHER THE AGREEMENT TO REVENUE SHARE BETWEEN AN INDIAN NATION  OR
 TRIBE  AND  THE STATE IS COMMENSURATE WITH EXCLUSIVITY VALUE AS REQUIRED
 BY FEDERAL LAW; AND
   D. ANY OTHER FACTOR THE COMPTROLLER DEEMS RELEVANT.
   NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  AFFECT  THE  EXISTING
 AUTHORITY  OF  THE  GOVERNOR  UNDER  THE  STATE CONSTITUTION AND LAWS TO
 EXECUTE  TRIBAL-STATE  COMPACTS,  PROVIDED  HOWEVER  SUCH   TRIBAL-STATE
 COMPACT  SHALL  NOT BE SENT FOR FEDERAL APPROVAL UNTIL SUCH TRIBAL-STATE
 COMPACT SHALL HAVE BEEN REVIEWED AND EITHER RECOMMENDED FOR APPROVAL  OR
 MODIFICATION  BY THE STATE COMPTROLLER WITHIN THIRTY CALENDAR DAYS AFTER
 RECEIPT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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