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A04286 Summary:

BILL NOA04286
 
SAME ASSAME AS S03419
 
SPONSORMorinello
 
COSPNSR
 
MLTSPNSR
 
Amd §8, St Fin L
 
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 their designee and an Indian nation or tribe.
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A04286 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4286
 
SPONSOR: Morinello
  TITLE OF BILL: An act to amend the state finance law, in relation to comptroller over- sight of tribal-state compacts prior to federal approval   PURPOSE: This bill authorizes the Comptroller to review and provide a recommenda- tion of approval of or modification to any tribal-state compact approved or executed between the state, the governor (or his/her designee) and an Indian nation or tribe.   SUMMARY OF PROVISIONS: Section 1 adds a new subdivision to Section 8 of Article 2 of the State Finance Law which sets out the state Comptroller's duties. This section would authorize the Comptroller to review and provide a recommendation of approval of or modifications to any tribal-state compact approved or executed between New York State, the Governor or his/her designee and an Indian nation or tribe. This section would not affect the Governor's existing authority under the state constitution and laws governing the execution of tribal-state compacts, but requires that within 30 calendar days of receipt of a compact, the Comptroller must review and either recommend for approval or provide modifications of such compact before it is sent for federal approval. The Comptroller would take several factors into account when reviewing, including but not limited to, 1-whether proper procedures were followed by the governor or his or designee and any other parties that have entered into a recusal agree- ment if a recusal was warranted and/or occurred; 2-direct lobbying by interested parties and continued compliance with any applicable recusal agreements; 3-whether the agreement to revenue share between an Indian nation or tribe and the state is commensurate with exclusivity value as required by federal law; and 4-any other factor the comp- troller deems relevant. Section 2 sets an immediate effective date.   JUSTIFICATION: With the gaming compact between New York State and the Seneca Nation of Indians set to expire at the end of this year, negotiations are underway to renew or create a new compact for the Senecas to continue operating casinos in Western New York. It has been publicly reported that Governor Hochul has recused herself from any negotiations between the State and the Seneca Nation. She is, in fact, the Executive Branch and cannot fully recuse herself from ulti- mate sign off on any compact that is negotiated, with or without her involvement. This bill would authorize the Comptroller to review and provide a recom- mendation of approval of or modifications to any tribal-state compact approved or executed between New York State, the Governor or his/her designee and an Indian nation or tribe. It would authorize the Comptroller the authority to consider several factors when considering a recommendation for approval or modification. When making his or her determination, the Comptroller would consider: 1-whether proper procedures were followed by the governor or his or designee and any other parties that have entered into a recusal agree- ment if a recusal was warranted and/or occurred; 2-direct lobbying by interested parties and continued compliance with any applicable recusal agreements; 3-whether the agreement to revenue share between an Indian nation or tribe and the state is commensurate with exclusivity value as required by federal law; and 4-any other factor the comptroller deems relevant. This bill would provide the necessary checks on the Governor's authority to ensure a fair and equitable compact. This legislation will protect both the Senecas' interests and the taxpayers of New York State   LEGISLATIVE HISTORY: 2023-24 A.7728 - held in governmental operations   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediate.
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