Bill Text: NY A07358 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for amendments to a tribal-state compact with the Seneca Nation of Indians to provide the Seneca Nation of Indians the exclusive right to conduct gaming within the certain geographic areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A07358 Detail]

Download: New_York-2023-A07358-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

            S. 7117                                                  A. 7358

                               2023-2024 Regular Sessions

                SENATE - ASSEMBLY

                                      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:

     1    Section 1. Legislative intent. The state legislature  finds  that  the
     2  continued  operation  of  the Seneca Nation of Indians' Class III gaming
     3  operations will create continued economic benefit for the people of  the
     4  state  of New York, and further recognizes that the state and the Seneca
     5  Nation of Indians must negotiate a tribal-state compact in good faith in
     6  compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq.
     7  The state legislature also  acknowledges  that  the  prior  tribal-state
     8  compact  between  the  state  and  the  Seneca Nation of Indians granted
     9  certain gaming exclusivity rights  to  the  Nation,  and  that  any  new
    10  tribal-state  gaming compact must preserve the exclusivity rights within
    11  the exclusivity zone. The state legislature also finds  that  the  state
    12  continues  to  have  a significant interest in ensuring that any tribal-
    13  state compact is  consistent  with,  to  the  fullest  extent  possible,
    14  certain  state  laws,  including, but not limited to, the labor law, the
    15  workers' compensation law, and the human rights law. These laws  provide
    16  for  the  granting  of benefits, rights and privileges which improve the
    17  economic quality of life and personal safety  of  persons  who  will  be
    18  employed within a gaming facility either by the Nation or by any person,
    19  corporation,  firm or entity engaged by the Nation, to operate, adminis-
    20  ter or manage the gaming facility.
    21    § 2. Section 12 of the executive law is amended by adding a new subdi-
    22  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

     1    (a-1) (i) The  governor  is  authorized  to  amend  and  continue  the
     2  tribal-state  compact  entered  into pursuant to subdivision (a) of this
     3  section. Any such amendment and continuation of  the  compact  shall  be
     4  consistent  with the Indian Gaming Regulatory Act of 1988 (P.L. 100-497;
     5  25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168) and provide the Sene-
     6  ca  Nation  of  Indians the exclusive right to conduct gaming within the
     7  following geographic area: (1) to the east, State Route  14  from  Sodus
     8  Point  to  the  Pennsylvania border with New York; (2) to the north, the
     9  border between New York and Canada; (3) to the south,  the  Pennsylvania
    10  border  with  New York; and (4) to the west, the border between New York
    11  and Canada and the border between Pennsylvania and New York.  (ii)  Such
    12  amendment  and  continuation shall be deemed ratified by the legislature
    13  upon the governor's certification to  the  temporary  president  of  the
    14  senate,  the  speaker  of the assembly, and the secretary of state, that
    15  such compact, through its terms, or by the terms of any other  agreement
    16  entered  into by or on behalf of the Nation, continues to provide assur-
    17  ances that the Nation will (1) allow employees to participate in  organ-
    18  ized labor unions if so desired, (2) maintain an adequate civil recovery
    19  system  which  guarantees fundamental due process to visitors and guests
    20  of the facility and related  facilities,  and  (3)  maintain  sufficient
    21  liability  insurance  to assure that visitors and guests will be compen-
    22  sated for their injuries. (iii) If the  governor  fails  to  enter  into
    23  negotiations  with  the Indian tribe or fails to negotiate in good faith
    24  with respect to the request, this state waives its sovereign immunity to
    25  permit the Indian tribe to initiate an action against  the  governor  in
    26  his  or  her official capacity in either state court or in federal court
    27  and obtain those remedies as authorized in 25 USC 2710(d)(7).
    28    § 3. This act shall take effect immediately.