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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7358
SPONSOR: Pretlow
 
TITLE OF BILL:
An act to amend the executive law, in relation to amendments to a
tribal-state compact with the Seneca Nation of Indians
 
PURPOSE:
To authorize the governor to amend and continue a Nation-State gaming
compact with the Seneca Nation of Indians.
 
SUMMARY OF PROVISIONS:
Section 1 sets forth legislative intent.
Section 2 authorizes the governor to amend and continue the tribal-state
compact and that such amendment and continuation be deemed ratified by
the legislature upon the governor's certification to the temporary pres-
ident of the senate, the speaker of the assembly, and the secretary of
state.
Section 3 sets forth the effective date.
 
JUSTIFICATION:
In 2002, the Seneca Nation of Indians and the state entered a gaming
compact that has produced approximately $1.1 billion of New York's gross
state product, as well as 10,000 jobs and $172.8 million in income,
sales, excise, social insurance, and other New York State taxes. On
December 21, 2023, the current compact expires, and a compact amendment
must be executed between the Nation and the state. With.a history
predating the founding of our nation, the Seneca People have made
significant contributions to the state. Their historical, culttral, and
economic relevance warrants our respect and appreciation. To that end,
it is our responsibility to ensure the Nation's sovereignty rights
remain forever intact and they maintain a position of economic self-det-
ermination. An equitable and fair compact is one of the most effective
means by which the State of New York can honor its obligation to the
Seneca People.
This is vitally important as the Nation has no taxation authority, and
thus rely, in large part, on the revenue they generate through the
compact to fund essential government services including health care,
infrastructure, education, and environmental initiatives. Furthermore,
the compact is responsible for thousands of quality jobs for non-Seneca
New Yorkers, hundreds of millions of dollars in direct state and local
government revenue, and significant secondary economic activity.
This legislation provides the governor with the authority to renew and
restore the centuries' old relationship between our governments through
the execution of a fair and equitable agreement with the Seneca Nation,
reflective of their right to economic and cultural self-determination,
of which they are morally and legally entitled.
 
LEGISLATIVE HISTORY:
New Legislation.
 
FISCAL IMPLICATIONS:
No fiscal impact.
 
EFFECTIVE DATE:
This act shall take effect immediately.
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.