Bill S3083A-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 29, 2014: PRINT NUMBER 3083A
  • Jan 29, 2014: AMEND AND RECOMMIT TO FINANCE
  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 29, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S3083A

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 two new subdivisions (d) and (e) to § 12 of the Executive Law to allow for any municipal government who hosts a tribal casino to 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 State Finance Law (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.

Sections 3 and 4 add a new subdivision 2-a to SFL § 99-h, which 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 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:

2011,2012: S.866C/A.9284A Referred to Finance 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:

This act shall take effect immediately; provided, however, that section three of this act shall take effect on the same date as an agreement between the Oneida Nation of New York and the state of New York entered into on the sixteenth day of May, 2013 takes effect; and provided, further, that the amendments to subdivision 2 of section 99-h of the state finance law, made by sections two and three of this act, shall not affect the expiration and reversion of such section and the provisions of section two or three of this act shall expire and be deemed repealed therewith, when upon such date section four of this act shall take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 3083--A 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________
Introduced by Sens. YOUNG, GALLIVAN, GRISANTI, MAZIARZ, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- 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 commit- tee 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 chapter 174 of the laws of 2013, 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, 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 the Oneida Settlement Agreement referenced in section eleven of the execu- tive law, LESS ANY PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSUANT 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 OF THIS SECTION. S 4. 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 5. This act shall take effect immediately; provided, however, that section three of this act shall take effect on the same date as an agreement between the Oneida Nation of New York and the state of New York entered into on the sixteenth day of May, 2013 takes effect; and provided, further, that the amendments to subdivision 2 of section 99-h of the state finance law, made by sections two and three of this act, shall not affect the expiration and reversion of such section and the provisions of section two or three of this act shall expire and be deemed repealed therewith; when upon such date section four of this act shall take effect.

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