S T A T E   O F   N E W   Y O R K
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                                   167

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  CAHILL,  P. LOPEZ,  CROUCH  -- read once and
  referred to the Committee on Racing and Wagering

AN ACT to amend the executive law, in  relation  to  authorizing  up  to
  three Class III gaming facilities in certain counties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (b) of section 12  of  the  executive  law,  as
amended  by  section  9  of part O of chapter 56 of the laws of 2010, is
amended to read as follows:
  (b) Notwithstanding any other law, the state,  through  the  governor,
may  execute tribal-state compacts pursuant to the Indian Gaming Regula-
tory Act of 1988 (P.L. 100-497; 25 U.S.C. SS 2701-2721 and 18 U.S.C.  SS
1166-1168)  authorizing  up  to three Class III gaming facilities in the
[counties] COUNTY of Sullivan and  THE  TOWN  OF  WAWARSING  LOCATED  IN
Ulster COUNTY. Such tribal-state compact shall be deemed ratified by the
legislature upon the governor's certification to the temporary president
of  the  senate, the speaker of the assembly and the secretary of state,
that such compact, through its terms, by a memorandum  of  understanding
or other agreement between the state and Nation, by a Nation's ordinance
or  resolution,  by  statute, by executive order, or by the terms of any
other agreement entered into by or on behalf of  the  Nation,  provides:
(i) assurances that the Nation will provide (1) reasonable access to the
gaming  and related facilities to labor union organizers for purposes of
a campaign to solicit employee support for labor  union  representation;
(2)  permission  for  labor  union  organizers to distribute labor union
authorization cards on site  for  the  purpose  of  soliciting  employee
support  for  labor  union  representation;  (3) provision of employees'
names   and   addresses   to    labor    union    representatives    and
tribal/employer/management   neutrality   in   labor   union  organizing
campaigns; (4) recognition of labor unions as the  exclusive  collective

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01034-01-1

A. 167                              2

bargaining  representatives of employees in appropriate bargaining units
based upon a demonstration of majority employee support  of  such  labor
unions  by  union authorization card check as verified, if necessary, by
an  independent  arbitrator appointed by the Public Employment Relations
Board in consultation with the Nation and the labor union; and (5) final
and binding arbitration of organized labor matters or disputes including
negotiations for  collective  bargaining  agreements  with  arbitrators'
awards  enforceable  in  a state or federal court of competent jurisdic-
tion; (ii) assurances that the Nation has  an  adequate  civil  recovery
system  which  guarantees fundamental due process to visitors and guests
of the facility and related facilities; and (iii)  assurances  that  the
Nation will maintain during the term of the compact sufficient liability
insurance  to  assure  that  visitors and guests will be compensated for
their injuries.
  S 2. This act shall take effect immediately.