BUFFALO, N.Y. -- Under federal law, New York state and the Seneca Nation of Indians need to have a new gaming compact in place by Dec. 9 in order for the Senecas to continue to operate casinos in Western New York.

However, the state's legislative session is scheduled to end in less than two weeks.

"What I'm hearing right now is that all parties involved are negotiating in good faith that there seems to be forward progress," state Sen. Tim Kennedy, D-Buffalo, said.

Kennedy introduced legislation last week authorizing the governor to approve a final agreement even after the Legislature adjourns.

"It basically levels the playing field and makes sure that everyone at the negotiating table is negotiating in good faith and that we have a compact when all is said and done that is favorable to all parties involved," he said.

In a Florida case, the Supreme Court ruled the federal government could not force a state to negotiate in good faith. Under Kennedy's bill, sponsored by Racing and Wagering Committee Chair Gary Pretlow in the Assembly, the state would waive that sovereign immunity.

"It allows the Seneca Nation to bring a motion against the state if in fact a governor is not negotiating in good faith and so other states have done this," Kennedy said.

The legislation would also require the current gaming exclusivity zones surrounding Seneca casinos, established during the last negotiation, to remain in place.

"I think it's important for everyone that we don't see a saturation of the market of casinos, that we protect the thousands of jobs that are in place already and the billions of dollars that have already been invested into our community," Kennedy said.

If passed, the state and the Senecas will still have to potentially negotiate a revenue sharing deal that has been the subject of conflict over the past two decades. The Senecas say the bill is an important step toward a fair and equitable compact the would be a "directive" to the governor's office the Legislature expects state negotiators to follow federal law.

The governor has recused herself from negotiations because her husband works for gaming competitor Delaware North. State Senate Minority Leader Rob Ortt also weighed in on the developments.

“Achieving a fair gaming compact for the Seneca Nation and the residents of Niagara County, in which one of the Nation’s facilities operates, continues to be a priority of mine. As negotiations continue with the Seneca Nation, I will continue to be in discussions with my partners in state government to ensure any legislation or agreement between interested parties is to the benefit of both the Seneca Nation and Western New York taxpayers," Ortt said.