2023 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.