S07579 Summary:

BILL NOS07579
 
SAME ASSAME AS A07771
 
SPONSORKENNEDY
 
COSPNSRHARCKHAM
 
MLTSPNSR
 
Amd §12, Exec L
 
Provides for amendments to a tribal-state compact with the Seneca Nation of Indians.
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S07579 Actions:

BILL NOS07579
 
06/08/2023REFERRED TO RULES
06/08/2023ORDERED TO THIRD READING CAL.1837
06/09/2023MESSAGE OF NECESSITY - 3 DAY MESSAGE
06/09/2023PASSED SENATE
06/09/2023DELIVERED TO ASSEMBLY
06/09/2023referred to ways and means
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO FINANCE
05/06/2024RECOMMIT, ENACTING CLAUSE STRICKEN
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S07579 Committee Votes:

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S07579 Floor Votes:

There are no votes for this bill in this legislative session.
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S07579 Memo:

Memo not available
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S07579 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7579
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      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:
 
     1    Section 1. Legislative intent. The state legislature  finds  that  the
     2  state  continues  to  have  a  significant interest in ensuring that any
     3  tribal-state compact is consistent with, to the fullest extent possible,
     4  certain state laws, including, but not limited to, the  labor  law,  the
     5  workers'  compensation law, and the human rights law. These laws provide
     6  for the granting of benefits, rights and privileges  which  improve  the
     7  economic  quality  of  life  and  personal safety of persons who will be
     8  employed within a gaming facility either by the Nation or by any person,
     9  corporation, firm or entity engaged by the Nation, to operate,  adminis-
    10  ter  or manage the gaming facility. Moreover, the legislature finds that
    11  gaming should be conducted in a  manner  that  adequately  protects  the
    12  environment and the public health and safety, which is a stated require-
    13  ment  for  the  conduct  of  class III gaming activities pursuant to the
    14  Indian Gaming Regulatory Act.
    15    § 2. Subdivision (a) of section 12 of the executive law, as amended by
    16  section 9 of part O of chapter 56 of the laws of  2010,  is  amended  to
    17  read as follows:
    18    (a)  (i)  Notwithstanding any other law, the state, through the gover-
    19  nor, may execute a tribal-state compact with the Seneca Nation of  Indi-
    20  ans  pursuant to the Indian Gaming Regulatory Act of 1988 (P.L. 100-497;
    21  25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§  1166-1168)  consistent  with  a
    22  memorandum  of  understanding  between the governor and the president of
    23  the Seneca Nation of Indians executed on June  twentieth,  two  thousand
    24  one  and  filed  with  the department of state on June twenty-first, two
    25  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
 
     1  legislature upon the governor's certification to the temporary president
     2  of  the senate, the speaker of the assembly, and the secretary of state,
     3  that such compact, through its terms, by a memorandum  of  understanding
     4  or other agreement between the state and Nation, by a Nation's ordinance
     5  or  resolution,  by  statute, by executive order, or by the terms of any
     6  other agreement entered into by or on behalf of  the  Nation,  provides:
     7  [(i)]  (1)  assurances that the Nation will provide [(1)] (A) reasonable
     8  access to the gaming and related facilities to  labor  union  organizers
     9  for  purposes  of a campaign to solicit employee support for labor union
    10  representation; [(2)] (B)  permission  for  labor  union  organizers  to
    11  distribute  labor  union  authorization cards on site for the purpose of
    12  soliciting employee support for labor union  representation;  and  [(3)]
    13  (C)  recognition  of labor unions as the exclusive collective bargaining
    14  representatives of employees in appropriate bargaining units based  upon
    15  a  demonstration  of  majority  employee support of such labor unions by
    16  union authorization card check as verified, if necessary,  by  an  inde-
    17  pendent arbitrator appointed by the Public Employment Relations Board in
    18  consultation  with the Nation and the labor union; [(ii)] (2) assurances
    19  that the Nation has an adequate civil recovery system  which  guarantees
    20  fundamental  due  process  to  visitors  and  guests of the facility and
    21  related facilities; and [(iii)] (3)  assurances  that  the  Nation  will
    22  maintain  during  the term of the compact sufficient liability insurance
    23  to assure that visitors and guests will be compensated for  their  inju-
    24  ries.
    25    (ii) The governor is authorized to amend and continue the tribal-state
    26  compact  entered into pursuant to paragraph (i) of this subdivision. Any
    27  such amendment and continuation of the compact shall be consistent  with
    28  the  Indian  Gaming  Regulatory  Act of 1988 (P.L. 100-497; 25 U.S.C. §§
    29  2701-2721 and 18 U.S.C. §§ 1166-1168). Such amendment  and  continuation
    30  shall  be deemed ratified by the legislature upon the governor's certif-
    31  ication to the temporary president of the senate,  the  speaker  of  the
    32  assembly,  and  the  secretary  of state, that such compact, through its
    33  terms, or by the terms of any other agreement  entered  into  by  or  on
    34  behalf  of  the  Nation, continues to provide assurances that the Nation
    35  will provide (1) reasonable access to the gaming and related  facilities
    36  to labor union organizers for purposes of a campaign to solicit employee
    37  support  for  labor union representation; (2) permission for labor union
    38  organizers to distribute labor union authorization cards on site for the
    39  purpose of soliciting employee support for labor  union  representation;
    40  and (3) recognition of labor unions as the exclusive collective bargain-
    41  ing  representatives  of employees in appropriate bargaining units based
    42  upon a demonstration of majority employee support of such  labor  unions
    43  by union authorization card check as verified, if necessary, by an inde-
    44  pendent arbitrator appointed by the Public Employment Relations Board in
    45  consultation  with  the  Nation  and  the  labor union. In addition, the
    46  Nation will maintain an adequate civil recovery system which  guarantees
    47  fundamental  due  process  to  visitors  and  guests of the facility and
    48  related facilities,  and  maintain  sufficient  liability  insurance  to
    49  assure that visitors and guests will be compensated for their injuries.
    50    § 3. This act shall take effect immediately.
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