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.