New York State - Executive - EXC - Article 2
ARTICLE 2 GOVERNOR
Section 2. Office and residence of governor.
3. Acting governor.
4. Secretary and counsel to the governor.
4-a. Chief diversity officer.
4-b. Chief disability officer.
5. Executive records.
6. Examination and inspection by the governor.
7. Limited operation of holiday.
8. Registration of noncitizens.
9. Lease or loan of state property; temporary transfer of personnel.
11. Indian settlement agreements.
12. Tribal-state compact.
§ 2. Office and residence of governor. The office of the governor shall be known as the executive chamber, and his residence, as the executive mansion.
§ 3. Acting governor. Every provision of law relating to the governor shall extend to the lieutenant-governor, to the president of the senate, and to the speaker of the assembly respectively, while acting as governor in pursuance of law.
§ 4. Secretary and counsel to the governor. A secretary to the governor shall be appointed by the governor, and shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such secretary to assist the governor in matters pertaining to the executive department and perform such duties as the governor may assign to him. The governor may also appoint and at pleasure remove a counsel to the governor who shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such counsel to advise the governor in regard to the constitutionality, consistency and legal effect of bills presented to the governor for his approval and on matters involving the exercise of executive clemency and such other legal matters as may be referred to him by the governor.
§ 4-a. Chief diversity officer. A chief diversity officer for the state shall be appointed by the governor and shall receive a salary to be fixed by the governor within the amount appropriated therefor. The chief diversity officer's responsibilities shall include the following:
1. Advise and assist the governor in formulating policies relating to workforce diversity and minority and women's business enterprises;
2. Work with the director of the division of minority and women's business development to prepare an annual plan for ensuring full compliance with article fifteen-a of the executive law by state agencies and the use of diversity practices by such agencies;
3. Advise the governor and the agencies regarding any measures necessary to ensure full compliance with article fifteen-a of this chapter and use of diversity practices by state public authorities;
4. Serve as a member of the state procurement council established under section one hundred sixty-one of the state finance law;
5. Serve as the governor's liaison with organizations representing minority and women-owned business enterprises and other organizations related to diversity in the state workforce and in state contracting;
6. Serve as the governor's liaison to the small business advisory council for issues related to the creation of a diverse workforce and state procurement practices relating to minority and women-owned business enterprises;
7. Review and consult with the director of minority and women's business development regarding policies relating to minority and women-owned business enterprise contract specialists at state agencies; and
8. Engage in other actions assigned to him or her by the governor relating to diversity in hiring or promotion of the state workforce and in encouraging diversity practices and compliance with article fifteen-a of this chapter in procurement.
§ 4-b. Chief disability officer. 1. Persons with disabilities comprise a major segment of the state of New York's population and their particular needs and concerns must be considered as an integral part of the planning and implementation of all state programs and services affecting their lives and well-being. The office of the chief disability officer shall advocate on behalf of persons with disabilities and ensure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of this state.
2. For purposes of this article:
(a) "Persons with disabilities" shall mean any person who has a disability as defined in subdivision twenty-one of section two hundred ninety-two of this chapter.
(b) "State agency" or "state agencies" shall mean any state department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state, except the judiciary or the state legislature.
3. (a) The governor shall appoint a chief disability officer. The chief disability officer shall advise and assist state agencies in developing policies designed to help meet the needs of persons with disabilities. The chief disability officer shall be appointed by the governor and receive a salary to be fixed by the governor within the amounts appropriated therefor.
(b) The chief disability officer shall: (i) be the state's coordinator for the implementation of the Americans with Disabilities Act; (ii) coordinate state activities to ensure that state programs do not discriminate against and are accessible to persons with disabilities; (iii) ensure that such programs provide services to individuals with disabilities in the most integrated setting appropriate to their needs; and (iv) work with state agencies to develop legislation and potential regulatory changes to help effectuate the duties and responsibilities required in this article, and any other changes that may significantly affect the lives of persons with disabilities in the state.
(c) The chief disability officer shall, to the extent practicable, review and report to the governor upon proposed legislation and regulations. The chief disability officer shall submit comments, where appropriate, to the state agency which referred such proposed legislation and regulations evaluating: (i) the impact of the proposed legislation or regulation upon persons with disabilities; (ii) the relationship and impact of such proposed legislation or regulation on existing programs affecting persons with disabilities; and (iii) any modifications that would help persons with disabilities or aid in the implementation of the new proposal. All state agencies shall cooperate with the chief disability officer to ensure that the chief disability officer is able to fulfill the requirements under this section.
§ 5. Executive records. The governor shall cause to be kept in the executive chamber or in the appropriate state office:
1. Journals of the daily transactions of his office.
2. Registers, containing classified statements of such transactions.
3. Separate registers containing classified statements of all applications for pardon, commutation or other executive clemency, and of his action thereon.
4. An account of his official expenses and disbursements, including the incidental expenses of his department.
5. Files of all official records upon which applications for executive clemency are founded; of statements made by judges to him; of sentences to death and of the testimony in capital cases; and of such other papers relating to the transactions of his office as are deemed by him of sufficient value for preservation.
§ 6. Examination and inspection by the governor. The governor is authorized at any time, either in person or by one or more persons appointed by him for the purpose, to examine and investigate the management and affairs of any department, board, bureau or commission of the state. The governor and the persons so appointed by him are empowered to subpoena and enforce the attendance of witnesses, to administer oaths and examine witnesses under oath and to require the production of any books or papers deemed relevant or material. Whenever any person so appointed shall not be regularly in the service of the state his compensation for such services shall be fixed by the governor, and said compensation and all necessary expenses of such examinations and investigations shall be paid from the treasury out of any appropriations made for the purpose upon the order of the governor and the audit and warrant of the comptroller.
Notwithstanding any inconsistent provision of any general, special or local law, charter, administrative code or other statute, service rendered by a person appointed by the governor pursuant to this section shall not constitute or be deemed state service or re-entry into state service under the civil service law, the retirement and social security law or under any charter, administrative code, or other general, special or local law relating to a state or municipal retirement or pension system so as to suspend, impair or otherwise affect or interfere with the pension or retirement status, rights, privileges and benefits of such person under any such system or to interfere with the right of such person or his beneficiary to receive any pension or annuity benefits or death benefits by reason of the selection of any option under any such system.
§ 7. Limited operation of holiday. The governor in issuing any proclamation appointing any day as a holiday or as a day of thanksgiving or fasting and prayer or other religious observance, under section twenty-four of the general construction law is authorized, in his discretion, to limit or restrict the effect and operation of such proclamation to any city or county to be designated by him in such proclamation.
§ 8. Registration of noncitizens. Whenever a state of war exists between the United States and a foreign country, or, in the judgment of the governor public safety or necessity requires such action, the governor may, by proclamation, direct every subject or citizen of such foreign countries as the governor may designate in such proclamation, who are in this state, or who may from time to time come into the state, to appear within twenty-four hours after the date specified in such proclamation or after arrival within the state, before such public authorities as the governor may designate in such proclamation, and personally register his or her name, residence, business, length of stay and such other information as the governor shall prescribe. Such proclamation shall be published in such newspapers as the governor may designate. Every person to whom such proclamation is applicable shall also comply with such rules or personal identification as the governor shall from time to time prescribe. The occupant of every private residence, and the owner, lessee or proprietor, operating or managing every hotel, inn, boarding or rooming house shall, within twenty-four hours after the date specified in such proclamation, notify such public authorities of the presence therein of every subject or citizen of a foreign country to whom such proclamation is applicable, and shall each day thereafter notify such public authorities of the arrival thereat or departure therefrom of every such subject or citizen. A failure to comply with any such proclamation or to perform any act required by this section shall be a misdemeanor, punishable by a fine of not exceeding one thousand dollars, or imprisonment for one year or both.
§ 9. Lease or loan of state property; temporary transfer of personnel. Notwithstanding any inconsistent provisions of law, general, special or local
1. (a) The governor, from time to time, whenever he deems it to be in the public interest, may authorize any department or agency of the state to lease or lend to the army, navy or any branch of the armed forces of the United States, any real or personal property of the state, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the state, making an adequate and appropriate provision to reimburse the state for any cost of maintenance and operation and for depreciation and waste. He may also authorize such department or agency to lease or lend such property to any other agency of the United States of America performing functions occasioned by the war or defense effort, or to any other organization subsidized or authorized directly or indirectly by the United States of America to perform work or render services occasioned by the war or defense effort, provided, however, that such lease or loan of property shall be on terms and conditions which fully compensate the state for its loss or use of such property. Such compensation shall, in addition to the cost of maintenance and operation, include, but not be limited to, depreciation and waste or debt service incidental thereto. Notwithstanding the foregoing provisions, however, the division of military and naval affairs of the executive department may be authorized pursuant to this section to lease or lend armories or other real or personal property under its jurisdiction to the army, navy or any other branch of the armed forces of the United States of America for military purposes without provision for reimbursement to the state for depreciation and waste or debt service. Any renewal of an agreement or lease heretofore made pursuant to the provisions of paragraph (a) of subdivision one of section thirty-six of the New York state war emergency act or to the provisions of chapter two hundred seventy-seven of the laws of nineteen hundred forty-two prior to the repeal of such provisions shall be made in compliance with this paragraph.
(b) The governor, from time to time, whenever he deems it to be in the public interest, is hereby authorized to enter into a contract on behalf of the state for the lease or loan, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state, or the temporary transfer or employment of personnel of the state to any municipal subdivision or other public corporation of the state.
2. (a) The chief executive of any such municipal subdivision or the board, commission or other head of any other public corporation is hereby authorized to enter into a contract and to execute any such lease or to accept any such loan or to employ such personnel, and such municipal subdivision or other public corporation is further authorized to equip, maintain, utilize and operate any such property and to employ necessary personnel therefor in accordance with the purposes for which such contract is executed.
(b) The chief executive of any such municipal subdivision or the board, commission or other head of such other public corporation is empowered to do all things and perform any and all acts which he or it may deem necessary to effectuate the purposes for which such contract was entered into.
§ 11. Indian settlement agreements. 1. Oneida settlement agreement. Notwithstanding any other provision of law, upon filing with the secretary of state, the settlement agreement executed between the governor, the counties of Oneida and Madison, and the Oneida Nation of New York dated the sixteenth day of May, two thousand thirteen, to be known as the Oneida Settlement Agreement, including, without limitation, the provisions contained therein relating to arbitration and judicial review in state or federal courts and, for the sole purpose thereof, a limited waiver of the state's Eleventh Amendment sovereign immunity from suit, shall upon its effective date be deemed approved, ratified, validated and confirmed by the legislature. It is the intention of the legislature in enacting this section to ensure that the settlement agreement shall be fully enforceable in all respects as to the rights, benefits, responsibilities and privileges of all parties thereto.
§ 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.
Section 2. Office and residence of governor.
3. Acting governor.
4. Secretary and counsel to the governor.
4-a. Chief diversity officer.
4-b. Chief disability officer.
5. Executive records.
6. Examination and inspection by the governor.
7. Limited operation of holiday.
8. Registration of noncitizens.
9. Lease or loan of state property; temporary transfer of personnel.
11. Indian settlement agreements.
12. Tribal-state compact.
§ 2. Office and residence of governor. The office of the governor shall be known as the executive chamber, and his residence, as the executive mansion.
§ 3. Acting governor. Every provision of law relating to the governor shall extend to the lieutenant-governor, to the president of the senate, and to the speaker of the assembly respectively, while acting as governor in pursuance of law.
§ 4. Secretary and counsel to the governor. A secretary to the governor shall be appointed by the governor, and shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such secretary to assist the governor in matters pertaining to the executive department and perform such duties as the governor may assign to him. The governor may also appoint and at pleasure remove a counsel to the governor who shall receive a salary to be fixed by the governor within the amount appropriated therefor. It shall be the duty of such counsel to advise the governor in regard to the constitutionality, consistency and legal effect of bills presented to the governor for his approval and on matters involving the exercise of executive clemency and such other legal matters as may be referred to him by the governor.
§ 4-a. Chief diversity officer. A chief diversity officer for the state shall be appointed by the governor and shall receive a salary to be fixed by the governor within the amount appropriated therefor. The chief diversity officer's responsibilities shall include the following:
1. Advise and assist the governor in formulating policies relating to workforce diversity and minority and women's business enterprises;
2. Work with the director of the division of minority and women's business development to prepare an annual plan for ensuring full compliance with article fifteen-a of the executive law by state agencies and the use of diversity practices by such agencies;
3. Advise the governor and the agencies regarding any measures necessary to ensure full compliance with article fifteen-a of this chapter and use of diversity practices by state public authorities;
4. Serve as a member of the state procurement council established under section one hundred sixty-one of the state finance law;
5. Serve as the governor's liaison with organizations representing minority and women-owned business enterprises and other organizations related to diversity in the state workforce and in state contracting;
6. Serve as the governor's liaison to the small business advisory council for issues related to the creation of a diverse workforce and state procurement practices relating to minority and women-owned business enterprises;
7. Review and consult with the director of minority and women's business development regarding policies relating to minority and women-owned business enterprise contract specialists at state agencies; and
8. Engage in other actions assigned to him or her by the governor relating to diversity in hiring or promotion of the state workforce and in encouraging diversity practices and compliance with article fifteen-a of this chapter in procurement.
§ 4-b. Chief disability officer. 1. Persons with disabilities comprise a major segment of the state of New York's population and their particular needs and concerns must be considered as an integral part of the planning and implementation of all state programs and services affecting their lives and well-being. The office of the chief disability officer shall advocate on behalf of persons with disabilities and ensure that persons with disabilities are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of this state.
2. For purposes of this article:
(a) "Persons with disabilities" shall mean any person who has a disability as defined in subdivision twenty-one of section two hundred ninety-two of this chapter.
(b) "State agency" or "state agencies" shall mean any state department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function for the state, except the judiciary or the state legislature.
3. (a) The governor shall appoint a chief disability officer. The chief disability officer shall advise and assist state agencies in developing policies designed to help meet the needs of persons with disabilities. The chief disability officer shall be appointed by the governor and receive a salary to be fixed by the governor within the amounts appropriated therefor.
(b) The chief disability officer shall: (i) be the state's coordinator for the implementation of the Americans with Disabilities Act; (ii) coordinate state activities to ensure that state programs do not discriminate against and are accessible to persons with disabilities; (iii) ensure that such programs provide services to individuals with disabilities in the most integrated setting appropriate to their needs; and (iv) work with state agencies to develop legislation and potential regulatory changes to help effectuate the duties and responsibilities required in this article, and any other changes that may significantly affect the lives of persons with disabilities in the state.
(c) The chief disability officer shall, to the extent practicable, review and report to the governor upon proposed legislation and regulations. The chief disability officer shall submit comments, where appropriate, to the state agency which referred such proposed legislation and regulations evaluating: (i) the impact of the proposed legislation or regulation upon persons with disabilities; (ii) the relationship and impact of such proposed legislation or regulation on existing programs affecting persons with disabilities; and (iii) any modifications that would help persons with disabilities or aid in the implementation of the new proposal. All state agencies shall cooperate with the chief disability officer to ensure that the chief disability officer is able to fulfill the requirements under this section.
§ 5. Executive records. The governor shall cause to be kept in the executive chamber or in the appropriate state office:
1. Journals of the daily transactions of his office.
2. Registers, containing classified statements of such transactions.
3. Separate registers containing classified statements of all applications for pardon, commutation or other executive clemency, and of his action thereon.
4. An account of his official expenses and disbursements, including the incidental expenses of his department.
5. Files of all official records upon which applications for executive clemency are founded; of statements made by judges to him; of sentences to death and of the testimony in capital cases; and of such other papers relating to the transactions of his office as are deemed by him of sufficient value for preservation.
§ 6. Examination and inspection by the governor. The governor is authorized at any time, either in person or by one or more persons appointed by him for the purpose, to examine and investigate the management and affairs of any department, board, bureau or commission of the state. The governor and the persons so appointed by him are empowered to subpoena and enforce the attendance of witnesses, to administer oaths and examine witnesses under oath and to require the production of any books or papers deemed relevant or material. Whenever any person so appointed shall not be regularly in the service of the state his compensation for such services shall be fixed by the governor, and said compensation and all necessary expenses of such examinations and investigations shall be paid from the treasury out of any appropriations made for the purpose upon the order of the governor and the audit and warrant of the comptroller.
Notwithstanding any inconsistent provision of any general, special or local law, charter, administrative code or other statute, service rendered by a person appointed by the governor pursuant to this section shall not constitute or be deemed state service or re-entry into state service under the civil service law, the retirement and social security law or under any charter, administrative code, or other general, special or local law relating to a state or municipal retirement or pension system so as to suspend, impair or otherwise affect or interfere with the pension or retirement status, rights, privileges and benefits of such person under any such system or to interfere with the right of such person or his beneficiary to receive any pension or annuity benefits or death benefits by reason of the selection of any option under any such system.
§ 7. Limited operation of holiday. The governor in issuing any proclamation appointing any day as a holiday or as a day of thanksgiving or fasting and prayer or other religious observance, under section twenty-four of the general construction law is authorized, in his discretion, to limit or restrict the effect and operation of such proclamation to any city or county to be designated by him in such proclamation.
§ 8. Registration of noncitizens. Whenever a state of war exists between the United States and a foreign country, or, in the judgment of the governor public safety or necessity requires such action, the governor may, by proclamation, direct every subject or citizen of such foreign countries as the governor may designate in such proclamation, who are in this state, or who may from time to time come into the state, to appear within twenty-four hours after the date specified in such proclamation or after arrival within the state, before such public authorities as the governor may designate in such proclamation, and personally register his or her name, residence, business, length of stay and such other information as the governor shall prescribe. Such proclamation shall be published in such newspapers as the governor may designate. Every person to whom such proclamation is applicable shall also comply with such rules or personal identification as the governor shall from time to time prescribe. The occupant of every private residence, and the owner, lessee or proprietor, operating or managing every hotel, inn, boarding or rooming house shall, within twenty-four hours after the date specified in such proclamation, notify such public authorities of the presence therein of every subject or citizen of a foreign country to whom such proclamation is applicable, and shall each day thereafter notify such public authorities of the arrival thereat or departure therefrom of every such subject or citizen. A failure to comply with any such proclamation or to perform any act required by this section shall be a misdemeanor, punishable by a fine of not exceeding one thousand dollars, or imprisonment for one year or both.
§ 9. Lease or loan of state property; temporary transfer of personnel. Notwithstanding any inconsistent provisions of law, general, special or local
1. (a) The governor, from time to time, whenever he deems it to be in the public interest, may authorize any department or agency of the state to lease or lend to the army, navy or any branch of the armed forces of the United States, any real or personal property of the state, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the state, making an adequate and appropriate provision to reimburse the state for any cost of maintenance and operation and for depreciation and waste. He may also authorize such department or agency to lease or lend such property to any other agency of the United States of America performing functions occasioned by the war or defense effort, or to any other organization subsidized or authorized directly or indirectly by the United States of America to perform work or render services occasioned by the war or defense effort, provided, however, that such lease or loan of property shall be on terms and conditions which fully compensate the state for its loss or use of such property. Such compensation shall, in addition to the cost of maintenance and operation, include, but not be limited to, depreciation and waste or debt service incidental thereto. Notwithstanding the foregoing provisions, however, the division of military and naval affairs of the executive department may be authorized pursuant to this section to lease or lend armories or other real or personal property under its jurisdiction to the army, navy or any other branch of the armed forces of the United States of America for military purposes without provision for reimbursement to the state for depreciation and waste or debt service. Any renewal of an agreement or lease heretofore made pursuant to the provisions of paragraph (a) of subdivision one of section thirty-six of the New York state war emergency act or to the provisions of chapter two hundred seventy-seven of the laws of nineteen hundred forty-two prior to the repeal of such provisions shall be made in compliance with this paragraph.
(b) The governor, from time to time, whenever he deems it to be in the public interest, is hereby authorized to enter into a contract on behalf of the state for the lease or loan, on such terms and conditions as he may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state, or the temporary transfer or employment of personnel of the state to any municipal subdivision or other public corporation of the state.
2. (a) The chief executive of any such municipal subdivision or the board, commission or other head of any other public corporation is hereby authorized to enter into a contract and to execute any such lease or to accept any such loan or to employ such personnel, and such municipal subdivision or other public corporation is further authorized to equip, maintain, utilize and operate any such property and to employ necessary personnel therefor in accordance with the purposes for which such contract is executed.
(b) The chief executive of any such municipal subdivision or the board, commission or other head of such other public corporation is empowered to do all things and perform any and all acts which he or it may deem necessary to effectuate the purposes for which such contract was entered into.
§ 11. Indian settlement agreements. 1. Oneida settlement agreement. Notwithstanding any other provision of law, upon filing with the secretary of state, the settlement agreement executed between the governor, the counties of Oneida and Madison, and the Oneida Nation of New York dated the sixteenth day of May, two thousand thirteen, to be known as the Oneida Settlement Agreement, including, without limitation, the provisions contained therein relating to arbitration and judicial review in state or federal courts and, for the sole purpose thereof, a limited waiver of the state's Eleventh Amendment sovereign immunity from suit, shall upon its effective date be deemed approved, ratified, validated and confirmed by the legislature. It is the intention of the legislature in enacting this section to ensure that the settlement agreement shall be fully enforceable in all respects as to the rights, benefits, responsibilities and privileges of all parties thereto.
§ 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.
