Legislature Acts to Reinstate Its Authority
to Ratify Any Tax Settlements With Tribes
One week after relinquishing their power to ratify any tax settlements the Governor may negotiate with Indian tribes in the future, the Senate and Assembly voted to reinstate that final say.
The Legislature had given that authority away to the Governor in the emergency budget extender bill they approved June 21 containing the tobacco tax hikes and a plan for collecting taxes on Indian sales to non-Indians. NYACS and its allies insisted that they take it back, so that no Governor could "give away the farm" in a negotiated settlement. Both houses passed a "chapter amendment" doing that the week of June 28.
However, in order for the new bill to cancel out the old, the Governor has to sign the new bill. Governor Paterson doesn't want to sign it. He deliberately inserted the "trust me" provision into his budget extender in the first place, and signed it as soon as it arrived on his desk. Thus, it's likely he will veto this new bill.
If he vetoes it, the Legislature could attempt an override. However, will Paterson veto it before the Legislature adjourns for the year? If he waits until they're out of session, any override vote would have to wait until they return for a special session, which might be July, November, or sometime in between. The danger is that in the interim, Paterson retains unilateral authority to permanently enact deals with the tribes, because the old bill remains in effect unless and until it's changed.
For now, it's positive the Legislature has acted to restore the balance of power. NYACS thanks Senator Jeff Klein and Assemblyman Bill Magee for sponsoring this bill, and urges Governor Paterson to follow suit.