Requires the state to commence good faith negotiations with the Shinnecock Indian Nation for the purposes of entering into a tribal-state compact permitting a Class III gaming facility or awarding a commercial gaming license; provides that such facility shall not be located in the towns of East Hampton, Riverhead, Shelter Island, Southampton or Southold in the county of Suffolk; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
S. 6128 A. 6833
2021-2022 Regular Sessions
SENATE - ASSEMBLY
April 12, 2021
___________
IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Racing and Wagering
AN ACT to amend the executive law, in relation to requiring the state,
through the governor, upon the written request of the Shinnecock Indi-
an Nation, to commence good faith negotiations, for the purposes of
entering a tribal-state compact permitting a Class III gaming facility
or the awarding of a commercial gaming license; and said gaming facil-
ity shall not be located in the towns of East Hampton, Riverhead,
Shelter Island, Southampton or Southold in the county of Suffolk; and
that no Class II or Class III gaming or other commercial gaming activ-
ities shall be conducted on property of the Shinnecock Indian Nation
located in the town of Southampton; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. In recognition of the historic injus-
2 tices suffered by the Shinnecock Indian Nation and its citizens, which
3 have resulted in social inequities and conditions that have long kept
4 Shinnecock citizens in the poverty cycle with substandard housing,
5 education, and a lack of economic stability, the state of New York has a
6 moral obligation and a compelling interest in rectifying these injus-
7 tices by promoting the economic development of the Shinnecock Nation for
8 the benefit of Shinnecock citizens and the People of the state of New
9 York.
10 § 2. The executive law is amended by adding a new section 13 to read
11 as follows:
12 § 13. Shinnecock Nation gaming compact. 1. Notwithstanding any other
13 law, the state, through the governor, upon the written request of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10509-03-1
S. 6128 2 A. 6833
1 Shinnecock Indian Nation to the governor, shall commence good faith
2 negotiations with such Nation, for the purposes of: (a) entering into a
3 tribal-state compact, pursuant to the Indian Gaming Regulatory Act of
4 1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168)
5 for the purposes of permitting a Class III gaming facility; or (b)
6 awarding of a commercial gaming license, pursuant to the laws of the
7 state of New York.
8 2. Such gaming facility shall be located in the state, but shall not
9 be located in the towns of East Hampton, Riverhead, Shelter Island,
10 Southampton, or Southold in the county of Suffolk. Any tribal-state
11 compact or license executed pursuant to this section shall also provide
12 that the Shinnecock Indian Nation shall agree that no Class II or Class
13 III gaming or other commercial gaming activities shall be conducted on
14 property of the Shinnecock Indian Nation, located in the town of South-
15 ampton.
16 3. Except as otherwise specifically provided in the compact, the state
17 specifically reserves all its rights, as attributes of its inherent
18 sovereignty, recognized by the tenth and eleventh amendments to the
19 United States Constitution.
20 § 3. This act shall take effect immediately; provided, that this act
21 shall expire and be deemed repealed if a tribal-state compact or license
22 between the state of New York and the Shinnecock Indian Nation has not
23 been executed within two years of the date on which this act shall have
24 become a law; provided that the secretary of state shall notify the
25 legislative bill drafting commission upon the passage of a concurrent
26 resolution by the legislature provided for in section two of this act in
27 order that the commission may maintain an accurate and timely effective
28 data base of the official text of the laws of the state of New York in
29 furtherance of effecting the provisions of section 44 of the legislative
30 law and section 70-b of the public officers law.
