This bill has been amended

Bill A6020-2013

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

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.

Details

Actions

  • Jan 8, 2014: referred to ways and means
  • Mar 13, 2013: referred to ways and means

Text

STATE OF NEW YORK ________________________________________________________________________ 6020 2013-2014 Regular Sessions IN ASSEMBLY March 13, 2013 ___________
Introduced by M. of A. GIGLIO, CERETTO -- read once and referred to the Committee on Ways and Means 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 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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