Bill Text: NY S02333 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S02333 Detail]

Download: New_York-2009-S02333-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2333
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   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:
    1    Section 1. The Indian law is amended by adding a  new  section  16  to
    2  read as follows:
    3    S  16.  LEGISLATURE'S  EXPRESS  CONSENT  REQUIRED  FOR GAMING ON NEWLY
    4  ACQUIRED LANDS. NO EXECUTIVE OFFICER OF THE  STATE  OF  NEW  YORK  SHALL
    5  CONCUR  IN, OR CONSENT TO, ANY DETERMINATION BY THE UNITED STATES SECRE-
    6  TARY OF THE INTERIOR THAT A GAMING ESTABLISHMENT ON NEWLY ACQUIRED INDI-
    7  AN LANDS WOULD BE IN THE BEST INTEREST  OF  THE  INDIAN  TRIBE  AND  ITS
    8  MEMBERS  AND  WOULD  NOT  BE  DETRIMENTAL  TO THE SURROUNDING COMMUNITY,
    9  UNLESS THAT PARTICULAR DETERMINATION IS MADE UNDER  THE  AUTHORITY,  AND
   10  WITH THE EXPRESS CONSENT, BY STATUTE OR RESOLUTION, OF THE LEGISLATURE.
   11    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09328-01-9