Bill Text: NY A09284 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes Native American nations and tribes to make payments to municipal governments hosting tribal casinos; such payments shall be in lieu of payments that the state is otherwise required to make to the municipal government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-04-19 - print number 9284a [A09284 Detail]
Download: New_York-2011-A09284-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9284--A
I N A S S E M B L Y
January 1, 2012
___________
Introduced by M. of A. GIGLIO, CERETTO -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the state finance law, in relation
to authorizing municipal governments hosting tribal casinos to receive
payments directly from Native American nations or tribes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 12 of the executive law is amended by adding two
2 new subdivisions (d) and (e) to read as follows:
3 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MUNICIPAL GOVERN-
4 MENT THAT HOSTS GAMING AND RELATED FACILITIES OF THE NATION MAY RECEIVE
5 PAYMENTS DIRECTLY FROM THE NATION PURSUANT TO SUBDIVISION TWO-A OF
6 SECTION NINETY-NINE-H OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER
7 THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE. ANY PAYMENTS
8 MADE BY THE NATION DIRECTLY TO ANY MUNICIPAL GOVERNMENT THAT HOSTS
9 GAMING AND RELATED FACILITIES PURSUANT TO THIS SUBDIVISION SHALL BE
10 DEEMED TO HAVE BEEN MADE IN SATISFACTION OF THE COMPACT, AND SUCH
11 PAYMENTS SHALL BE DEDUCTED FROM THE AMOUNTS THE STATE IS REQUIRED TO PAY
12 SUCH MUNICIPAL GOVERNMENT PURSUANT TO SUBDIVISION THREE OR FOUR OF SUCH
13 SECTION NINETY-NINE-H.
14 (E) ANY MUNICIPAL GOVERNMENT RECEIVING PAYMENT PURSUANT TO SUBDIVISION
15 (D) OF THIS SECTION SHALL BE AUTHORIZED TO EXPEND SUCH FUNDS IN THE SAME
16 MANNER AS IF SUCH PAYMENT HAD BEEN MADE BY THE STATE TO THE MUNICIPAL
17 GOVERNMENT PURSUANT TO SUBDIVISIONS THREE AND FOUR OF SECTION
18 NINETY-NINE-H OF THE STATE FINANCE LAW.
19 S 2. Subdivision 2 of section 99-h of the state finance law, as
20 amended by chapter 747 of the laws of 2006, is amended and a new subdi-
21 vision 2-a is added to read as follows:
22 2. Such account shall consist of all revenues resulting from tribal-
23 state compacts executed pursuant to article two of the executive law and
24 a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
25 to chapter five hundred ninety of the laws of two thousand four, LESS
26 ANY PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02684-06-2
A. 9284--A 2
1 ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO ANY MUNICIPAL GOVERNMENT
2 THAT HOSTS A TRIBAL CASINO.
3 2-A. A MUNICIPAL GOVERNMENT THAT HOSTS A TRIBAL CASINO MAY RECEIVE
4 PAYMENTS DIRECTLY FROM A NATIVE AMERICAN NATION OR TRIBE; PROVIDED,
5 HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE MUNICIPAL GOVERNMENT
6 SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF SUCH PAYMENTS, NOTIFY THE
7 STATE COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
8 PAL GOVERNMENT. ALL PAYMENTS RECEIVED BY ANY MUNICIPAL GOVERNMENT THAT
9 HOSTS A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION
10 OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
11 CLE TWO OF THE EXECUTIVE LAW AND A TRIBAL-STATE COMPACT WITH THE ST.
12 REGIS MOHAWK TRIBE EXECUTED PURSUANT TO CHAPTER FIVE HUNDRED NINETY OF
13 THE LAWS OF TWO THOUSAND FOUR, AND SUCH PAYMENTS SHALL BE DEDUCTED FROM
14 THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
15 PURSUANT TO SUBDIVISION THREE OR FOUR THIS SECTION.
16 S 3. Subdivision 2 of section 99-h of the state finance law, as
17 amended by section 1 of part V of chapter 59 of the laws of 2006, is
18 amended and a new subdivision 2-a is added to read as follows:
19 2. Such account shall consist of all revenues resulting from tribal-
20 state compacts executed pursuant to article two of the executive law and
21 a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
22 to chapter five hundred ninety of the laws of two thousand four, LESS
23 ANY PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
24 ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO ANY MUNICIPAL GOVERNMENT
25 THAT HOSTS A TRIBAL CASINO.
26 2-A. A MUNICIPAL GOVERNMENT THAT HOSTS A TRIBAL CASINO MAY RECEIVE
27 PAYMENTS DIRECTLY FROM A NATIVE AMERICAN NATION OR TRIBE; PROVIDED,
28 HOWEVER, THAT THE CHIEF FISCAL OFFICER OF THE MUNICIPAL GOVERNMENT
29 SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF SUCH PAYMENTS, NOTIFY THE
30 STATE COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
31 PAL GOVERNMENT. ALL PAYMENTS DIRECTLY RECEIVED BY ANY MUNICIPAL GOVERN-
32 MENT THAT HOSTS A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN
33 SATISFACTION OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTICLE
34 TWO OF THE EXECUTIVE LAW AND A TRIBAL-STATE COMPACT WITH THE ST. REGIS
35 MOHAWK TRIBE EXECUTED PURSUANT TO CHAPTER FIVE HUNDRED NINETY OF THE
36 LAWS OF TWO THOUSAND FOUR, AND SUCH PAYMENTS SHALL BE DEDUCTED FROM
37 THOSE PAYMENTS THE STATE IS REQUIRED TO MAKE TO THE MUNICIPAL GOVERNMENT
38 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
39 S 4. This act shall take effect immediately; provided, however, that
40 the amendments to subdivision 2 of section 99-h of the state finance
41 law, made by section two of this act, shall not affect the expiration
42 and reversion of such section and the provisions of section two of this
43 act shall expire and be deemed repealed therewith; when upon such date
44 section three of this act shall take effect.
