Bill Text: NY A07728 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A07728 Detail]

Download: New_York-2023-A07728-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7728

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section  1.  Section 8 of the state finance law is amended by adding a
     2  new subdivision 21 to read as follows:
     3    21. Notwithstanding any inconsistent  provision  of  law,  review  and
     4  provide  a  recommendation  of approval or modifications, for submission
     5  for federal approval of any tribal-state compact  approved  or  executed
     6  between  the state of New York, the governor, or his or her designee and
     7  an Indian nation or tribe, pursuant to the Indian Gaming Regulatory  Act
     8  of  1988  (P.L.  100-497;  25  U.S.C.    §§  2701-2721 and 187 U.S.C. §§
     9  1166-1168). When reviewing and providing a recommendation of approval or
    10  modifications, the comptroller shall consider the following factors:
    11    a. whether proper procedures were followed by the governor or  his  or
    12  her  designee  and  any  other  parties that have entered into a recusal
    13  agreement if a recusal was warranted and/or occurred;
    14    b. direct lobbying by interested parties and continued compliance with
    15  any applicable recusal agreements;
    16    c. whether the agreement to revenue share between an Indian nation  or
    17  tribe  and  the state is commensurate with exclusivity value as required
    18  by federal law; and
    19    d. any other factor the comptroller deems relevant.
    20    Nothing in this section shall be  construed  to  affect  the  existing
    21  authority  of  the  governor  under  the  state constitution and laws to
    22  execute  tribal-state  compacts,  provided  however  such   tribal-state
    23  compact  shall  not be sent for federal approval until such tribal-state
    24  compact shall have been reviewed and either recommended for approval  or
    25  modification  by the state comptroller within thirty calendar days after
    26  receipt.
    27    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11692-02-3