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S2300Senate2009-2010 Session

Clarifies that express legislative consent is required for any compact made by N.Y. state with an Indian tribe authorizing commercialized casino gambling activities

Sponsor Frank PadavanSD-11Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
Frank Padavan

Senator · Senate District 11

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the Indian law, in relation to clarifying that Tribal-State compacts which authorize commercialized casino gambling activities require legislative authority and express consent

Purpose

This bill would clarify that an executive official may not consent to a federal determination which would allow Indian gaming on newly acquired lands without the express consent of the Legislature.

Summary of provisions

This bill would add a new section 16 to the Indian Law, which would clarify that an executive official may not consent to a federal determination which would allow Indian gambling on newly acquired lands without the express consent of the Legislature.

Existing law

This bill would implement in statute N.Y.S. Constitution, Art. 3, Section 1, which invests the legislative policy making function in the Legislature.

Justification

The federal Indian Gaming Regulation Act (IGRA) authorizes State agreements with an Indian tribe to permit commercialized gambling on Indian land. IGRA generally prohibits Indian gambling on lands acquired after 1988, unless the Secretary of Interior determines that gambling on new Indian lands would be in the best interest of the tribe and would not be detrimental to the surrounding community. This bill would clarify that the authority and express consent of the Legislature is required before any New York State executive official concurs in a determination which would allow gambling on newly acquired Indian lands.

Legislative history

S.79 of 2007-08; S.399 of 2005-06; S.26 of 2003-04; S.1392 of 1999-00; S.3263 of 1997-98.

Fiscal implications

None.

Effective date

This act takes effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.