Assembly Bill A679

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

                                 679--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  CAHILL,  P. LOPEZ,  CROUCH  -- read once and
  referred  to  the  Committee  on  Racing  and  Wagering  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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
added by section 2 of part B of chapter 383 of  the  laws  of  2001,  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. SSSS 2701-2721 and 18 U.S.C.
SSSS 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

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

                                                           LBD00598-03-9

A. 679--A                           2

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 State 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.