Bill S2333-2009

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

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.

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  • Jan 6, 2010: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 18, 2009: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

 BILL NUMBER:  S2333

TITLE OF BILL : An act to amend the Indian law, in relation to clarifying that an executive officer may not consent to Indian gaming on newly acquired lands without the express consent of the legislature

PURPOSE : This bill would clarify that an executive official may not consent to a federal determination which would allow Indian gambling on newly acquired lands without the express consent of the Legislature.

SUMMARY OF PROVISIONS : This bill adds a new section 16 to the Indian Law, which would clarify that an executive official may not consent to a federal determination which would allow Indian gambling on newly acquired lands without the express consent of the Legislature.

EXISTING LAW : This bill would implement in statute N.Y.S. Constitution, Art. 3, Section 1, which invests the legislative policy making function in the Legislature.

JUSTIFICATION : The federal Indian Gaming Regulation Act (IORA) authorizes State agreements with an Indian tribe to permit commercialized gambling on Indian land. IORA generally prohibits Indian gambling on lands acquired after 1988, unless the Secretary of Interior determines that gambling on new Indian lands would be in the best interest of the tribe and would not be detrimental to the surrounding community. This bill would clarify that the authority and express consent of the Legislature is required before any New York State executive official concurs in a determination which would allow gambling on newly acquired Indian lands.

LEGISLATIVE HISTORY : S.94 of 2007-08; S.402 of 2005-06; S.22 of 2003-04; S.185 of 2001-02; S.1392 of 1999-2000; S.3263 of 1997-98.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2333 2009-2010 Regular Sessions IN SENATE 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.

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