N.Y. EXC Law § 12 — New York Code / Act EXC / Article 2 / Section 12
Tribal-state compact
Status: in_force

§ 12. Tribal-state compact. (a) Notwithstanding any other law, the\nstate, through the governor, may execute a tribal-state compact with the\nSeneca Nation of Indians pursuant to the Indian Gaming Regulatory Act of\n1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168)\nconsistent with a memorandum of understanding between the governor and\nthe president of the Seneca Nation of Indians executed on June\ntwentieth, two thousand one and filed with the department of state on\nJune twenty-first, two thousand one. Such tribal-state compact shall be\ndeemed ratified by the legislature upon the governor's certification to\nthe temporary president of the senate, the speaker of the assembly, and\nthe secretary of state, that such compact, through its terms, by a\nmemorandum of understanding or other agreement between the state and\nNation, by a Nation's ordinance or resolution, by statute, by executive\norder, or by the terms of any other agreement entered into by or on\nbehalf of the Nation, provides: (i) assurances that the Nation will\nprovide (1) reasonable access to the gaming and related facilities to\nlabor union organizers for purposes of a campaign to solicit employee\nsupport for labor union representation; (2) permission for labor union\norganizers to distribute labor union authorization cards on site for the\npurpose of soliciting employee support for labor union representation;\nand (3) recognition of labor unions as the exclusive collective\nbargaining representatives of employees in appropriate bargaining units\nbased upon a demonstration of majority employee support of such labor\nunions by union authorization card check as verified, if necessary, by\nan independent arbitrator appointed by the Public Employment Relations\nBoard in consultation with the Nation and the labor union; (ii)\nassurances that the Nation has an adequate civil recovery system which\nguarantees fundamental due process to visitors and guests of the\nfacility and related facilities; and (iii) assurances that the Nation\nwill maintain during the term of the compact sufficient liability\ninsurance to assure that visitors and guests will be compensated for\ntheir injuries.\n  (b) Notwithstanding any other law, the state, through the governor,\nmay execute tribal-state compacts pursuant to the Indian Gaming\nRegulatory Act of 1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18\nU.S.C. §§ 1166-1168) authorizing up to three Class III gaming facilities\nin the counties of Sullivan and Ulster. Such tribal-state compact shall\nbe deemed ratified by the legislature upon the governor's certification\nto the temporary president of the senate, the speaker of the assembly\nand the secretary of state, that such compact, through its terms, by a\nmemorandum of understanding or other agreement between the state and\nNation, by a Nation's ordinance or resolution, by statute, by executive\norder, or by the terms of any other agreement entered into by or on\nbehalf of the Nation, provides: (i) assurances that the Nation will\nprovide (1) reasonable access to the gaming and related facilities to\nlabor union organizers for purposes of a campaign to solicit employee\nsupport for labor union representation; (2) permission for labor union\norganizers to distribute labor union authorization cards on site for the\npurpose of soliciting employee support for labor union representation;\n(3) provision of employees' names and addresses to labor union\nrepresentatives and tribal/employer/management neutrality in labor union\norganizing campaigns; (4) recognition of labor unions as the exclusive\ncollective bargaining representatives of employees in appropriate\nbargaining units based upon a demonstration of majority employee support\nof such labor unions by union authorization card check as verified, if\nnecessary, by an independent arbitrator appointed by the Public\nEmployment Relations Board in consultation with the Nation and the labor\nunion; and (5) final and binding arbitration of organized labor matters\nor disputes including negotiations for collective bargaining agreements\nwith arbitrators' awards enforceable in a state or federal court of\ncompetent jurisdiction; (ii) assurances that the Nation has an adequate\ncivil recovery system which guarantees fundamental due process to\nvisitors and guests of the facility and related facilities; and (iii)\nassurances that the Nation will maintain during the term of the compact\nsufficient liability insurance to assure that visitors and guests will\nbe compensated for their injuries.\n  (c) Except as otherwise specifically provided in the compact, the\nstate specifically reserves all its rights, as attributes of its\ninherent sovereignty, recognized by the tenth and eleventh amendments to\nthe United States Constitution. Nothing in this section shall be\nconstrued to affect the existing authority of the governor under the\nconstitution and laws of this state to execute tribal-state compacts.\n