Senate Bill S7117

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7117                                                  A. 7358
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 18, 2023
                                ___________
 
 IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred
   to the Committee on Governmental Operations
 
 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
 continued  operation  of  the Seneca Nation of Indians' Class III gaming
 operations will create continued economic benefit for the people of  the
 state  of New York, and further recognizes that the state and the Seneca
 Nation of Indians must negotiate a tribal-state compact in good faith in
 compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq.
 The state legislature also  acknowledges  that  the  prior  tribal-state
 compact  between  the  state  and  the  Seneca Nation of Indians granted
 certain gaming exclusivity rights  to  the  Nation,  and  that  any  new
 tribal-state  gaming compact must preserve the exclusivity rights within
 the exclusivity zone. The state legislature also 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.
   § 2. Section 12 of the executive law is amended by adding a new subdi-
 vision (a-1) to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11232-01-3
              

 S. 7117                             2                            A. 7358
 
   (A-1) (I) THE  GOVERNOR  IS  AUTHORIZED  TO  AMEND  AND  CONTINUE  THE
 TRIBAL-STATE  COMPACT  ENTERED  INTO PURSUANT TO SUBDIVISION (A) OF THIS
 SECTION. 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) AND PROVIDE THE SENE-
 CA  NATION  OF  INDIANS THE EXCLUSIVE RIGHT TO CONDUCT GAMING WITHIN THE
 FOLLOWING GEOGRAPHIC AREA: (1) TO THE EAST, STATE ROUTE  14  FROM  SODUS
 POINT  TO  THE  PENNSYLVANIA BORDER WITH NEW YORK; (2) TO THE NORTH, THE
 BORDER BETWEEN NEW YORK AND CANADA; (3) TO THE SOUTH,  THE  PENNSYLVANIA
 BORDER  WITH  NEW YORK; AND (4) TO THE WEST, THE BORDER BETWEEN NEW YORK
 AND CANADA AND THE BORDER BETWEEN PENNSYLVANIA AND NEW YORK.  (II)  SUCH
 AMENDMENT  AND  CONTINUATION 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, OR BY THE TERMS OF ANY OTHER  AGREEMENT
 ENTERED  INTO BY OR ON BEHALF OF THE NATION, CONTINUES TO PROVIDE ASSUR-
 ANCES THAT THE NATION WILL (1) ALLOW EMPLOYEES TO PARTICIPATE IN  ORGAN-
 IZED LABOR UNIONS IF SO DESIRED, (2) MAINTAIN AN ADEQUATE CIVIL RECOVERY
 SYSTEM  WHICH  GUARANTEES FUNDAMENTAL DUE PROCESS TO VISITORS AND GUESTS
 OF THE FACILITY AND RELATED  FACILITIES,  AND  (3)  MAINTAIN  SUFFICIENT
 LIABILITY  INSURANCE  TO ASSURE THAT VISITORS AND GUESTS WILL BE COMPEN-
 SATED FOR THEIR INJURIES. (III) IF THE  GOVERNOR  FAILS  TO  ENTER  INTO
 NEGOTIATIONS  WITH  THE INDIAN TRIBE OR FAILS TO NEGOTIATE IN GOOD FAITH
 WITH RESPECT TO THE REQUEST, THIS STATE WAIVES ITS SOVEREIGN IMMUNITY TO
 PERMIT THE INDIAN TRIBE TO INITIATE AN ACTION AGAINST  THE  GOVERNOR  IN
 HIS  OR  HER OFFICIAL CAPACITY IN EITHER STATE COURT OR IN FEDERAL COURT
 AND OBTAIN THOSE REMEDIES AS AUTHORIZED IN 25 USC 2710(D)(7).
   § 3. This act shall take effect immediately.