A new bill was introduced by New York State lawmakers this week, and if passed, negotiations between the state and the Seneca Indian State on a new game contract will begin. The bill is sponsored by Rep. J. Gary Pretlow and Senator Tim Kennedy. However, it remains to be seen whether Governor Cathy Hochul will agree to the bill.
It’s noteworthy that the governor previously said he would comply with the New York State Game Commission. This is related to the fact that her husband, former U.S. Attorney William Hochul, works in Delaware North. The company owns two lacinos, a rival of Seneca Nation’s three casino properties in Western New York.
A.7350/S.The new bill, titled 7117, will not only recognize the same ethnic monopoly as the bill that went into effect in 2002, but will also allow more freedom to sue the state government by exempting some of its legal immunity. However, there is not much time left because the current game contract expires in December.
Both lawmakers wrote in the bill that a fair and equitable agreement is one of the most effective means by which the state can respect its obligations to the Seneca people. They noted that agreements are important because the state does not have the authority to tax, and thus a significant portion of the revenue comes from agreements that fund healthcare, infrastructure, education and environmental initiatives.
Furthermore, a bill similar to the Seneca National Assembly also suggests that state officials were not negotiating in good faith. The two lawmakers claimed they would waive sovereignty exemptions to allow the state to take legal action against the governor if the governor did not join discussions with the tribe or negotiate in good faith.
In addition, the bill could put the state in a dangerous position by including exclusivity zones and allowing potential lawsuits to the state. The absence of another empowerment bill could leave Hochul with a choice other than approving the bill, in some cases, despite the language the governor’s office is reluctant to do, she starts her own program or convenes a special session in late 2023.
In a recent statement, State Senator George Borrello, a Republican from Sunset Bay, weighed in on the topic of the new agreement. He said state legislatures are most likely to have to vote on the deal before the end of the June session. He added that meetings can be convened on important political events, but he does not think so on tribal agreements.
It is natural that discussions become a problem due to past problems between countries and tribes. There was a dispute over unpaid game payments to the country, which was resolved in the first quarter of 2022 when NY stood in favor of Seneca by freezing the account. The tribe has no choice but to fulfill its $565 million financial obligation to the country.
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