§ 12. Tribal-state compact. (a) Notwithstanding any other law, the
state, through the governor, may execute a tribal-state compact with the
Seneca Nation of Indians 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 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;
and (3) 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 independent arbitrator appointed by the Public Employment Relations
Board in consultation with the Nation and the labor union; (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.

(b) Notwithstanding any other law, the state, through the governor,
may execute tribal-state compacts 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) authorizing up to three Class III gaming facilities
in the counties of Sullivan and Ulster. 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 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 jurisdiction; (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.

(c) Except as otherwise specifically provided in the compact, the
state specifically reserves all its rights, as attributes of its
inherent sovereignty, recognized by the tenth and eleventh amendments to
the United States Constitution. Nothing in this section shall be
construed to affect the existing authority of the governor under the
constitution and laws of this state to execute tribal-state compacts.