NY Exec L § 12 (2021)
2021 New York Laws EXC - Executive Article 2 - Governor 12 - Tribal-State Compact.

§  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.