S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4286
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MORINELLO  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to comptroller  over-
   sight of tribal-state compacts prior to federal approval
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8 of the state finance law is amended by  adding  a
 new subdivision 21 to read as follows:
   21.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, 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, PURSUANT TO THE INDIAN GAMING REGULATORY ACT OF
 1988  (P.L.  100-497;  25  U.S.C.    §§  2701-2721  AND  187  U.S.C.  §§
 1166-1168). WHEN REVIEWING AND PROVIDING A RECOMMENDATION OF APPROVAL OR
 MODIFICATIONS, THE COMPTROLLER SHALL CONSIDER THE FOLLOWING FACTORS:
   A.  WHETHER  PROPER  PROCEDURES WERE FOLLOWED BY THE GOVERNOR OR THEIR
 DESIGNEE AND ANY OTHER PARTIES THAT HAVE ENTERED INTO A  RECUSAL  AGREE-
 MENT IF A RECUSAL WAS WARRANTED AND/OR OCCURRED;
   B. DIRECT LOBBYING BY INTERESTED PARTIES AND CONTINUED COMPLIANCE WITH
 ANY APPLICABLE RECUSAL AGREEMENTS;
   C.  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
   D. ANY OTHER FACTOR THE COMPTROLLER DEEMS RELEVANT.
   NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO AFFECT THE EXISTING
 AUTHORITY OF THE GOVERNOR UNDER  THE  STATE  CONSTITUTION  AND  LAWS  TO
 EXECUTE   TRIBAL-STATE  COMPACTS,  PROVIDED  HOWEVER  SUCH  TRIBAL-STATE
 COMPACT SHALL NOT BE SENT FOR FEDERAL APPROVAL UNTIL  SUCH  TRIBAL-STATE
 COMPACT  SHALL HAVE BEEN REVIEWED AND EITHER RECOMMENDED FOR APPROVAL OR
 MODIFICATION BY THE STATE COMPTROLLER WITHIN THIRTY CALENDAR DAYS  AFTER
 RECEIPT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04300-01-5