S T A T E O F N E W Y O R K
________________________________________________________________________
7579
2023-2024 Regular Sessions
I N S E N A T E
June 8, 2023
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to amendments to a
tribal-state compact with the Seneca Nation of Indians
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The state legislature finds that the
state continues to have a significant interest in ensuring that any
tribal-state compact is consistent with, to the fullest extent possible,
certain state laws, including, but not limited to, the labor law, the
workers' compensation law, and the human rights law. These laws provide
for the granting of benefits, rights and privileges which improve the
economic quality of life and personal safety of persons who will be
employed within a gaming facility either by the Nation or by any person,
corporation, firm or entity engaged by the Nation, to operate, adminis-
ter or manage the gaming facility. Moreover, the legislature finds that
gaming should be conducted in a manner that adequately protects the
environment and the public health and safety, which is a stated require-
ment for the conduct of class III gaming activities pursuant to the
Indian Gaming Regulatory Act.
§ 2. Subdivision (a) 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:
(a) (I) Notwithstanding any other law, the state, through the gover-
nor, may execute a tribal-state compact with the Seneca Nation of Indi-
ans pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497;
25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168) consistent with a
memorandum of understanding between the governor and the president of
the Seneca Nation of Indians executed on June twentieth, two thousand
one and filed with the department of state on June twenty-first, two
thousand one. Such tribal-state compact shall be deemed ratified by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11773-01-3
S. 7579 2
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)] (1) assurances that the Nation will provide [(1)] (A) 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)] (B) permission for labor union organizers to
distribute labor union authorization cards on site for the purpose of
soliciting employee support for labor union representation; and [(3)]
(C) recognition of labor unions as the exclusive collective 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 inde-
pendent arbitrator appointed by the Public Employment Relations Board in
consultation with the Nation and the labor union; [(ii)] (2) 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)] (3) 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 inju-
ries.
(II) THE GOVERNOR IS AUTHORIZED TO AMEND AND CONTINUE THE TRIBAL-STATE
COMPACT ENTERED INTO PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION. ANY
SUCH AMENDMENT AND CONTINUATION OF THE COMPACT SHALL BE CONSISTENT WITH
THE INDIAN GAMING REGULATORY ACT OF 1988 (P.L. 100-497; 25 U.S.C. §§
2701-2721 AND 18 U.S.C. §§ 1166-1168). SUCH AMENDMENT AND CONTINUATION
SHALL BE DEEMED RATIFIED BY THE LEGISLATURE UPON THE GOVERNOR'S CERTIF-
ICATION TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE SECRETARY OF STATE, THAT SUCH COMPACT, THROUGH ITS
TERMS, OR BY THE TERMS OF ANY OTHER AGREEMENT ENTERED INTO BY OR ON
BEHALF OF THE NATION, CONTINUES TO PROVIDE 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;
AND (3) RECOGNITION OF LABOR UNIONS AS THE EXCLUSIVE COLLECTIVE BARGAIN-
ING 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 INDE-
PENDENT ARBITRATOR APPOINTED BY THE PUBLIC EMPLOYMENT RELATIONS BOARD IN
CONSULTATION WITH THE NATION AND THE LABOR UNION. IN ADDITION, THE
NATION WILL MAINTAIN AN ADEQUATE CIVIL RECOVERY SYSTEM WHICH GUARANTEES
FUNDAMENTAL DUE PROCESS TO VISITORS AND GUESTS OF THE FACILITY AND
RELATED FACILITIES, AND MAINTAIN SUFFICIENT LIABILITY INSURANCE TO
ASSURE THAT VISITORS AND GUESTS WILL BE COMPENSATED FOR THEIR INJURIES.
§ 3. This act shall take effect immediately.
