SUNSET BAY, N.Y. — There are only four scheduled days left in New York state’s legislative session to authorize the governor's office to approve a new casino gaming compact with the Seneca Nation.

If it doesn't happen, legislators would likely have to come back for a special session prior to Dec. 9 when the current deal expires. Currently, only one such authorization bill exists.

"I am a co-sponsor on Sen. Kennedy's bill and it was my hope that it would be introduced and passed so we could essentially get the compact done in an open manner and ensure the exclusivity," state Sen. George Borrello, R-Sunset Bay, said.

Borrello said he signed on to his Democratic colleague Tim Kennedy's legislation with the expectation it would move through this year. He's not the only one.

The Seneca Nation worked with Kennedy on the legislation, which would also codify Western New York gaming exclusivity zones negotiated under the current compact and waive federal immunity allowing Senecas to sue if they believe the state is not negotiating in good faith. President Rickey Armstrong said Kennedy as recently as Wednesday expressed his commitment to prioritizing the bill.

"They all felt that this bill was going to be put through and this authorization guaranteeing their exclusivity would be part of this negotiation and this compact," Borrello said. "Now that appears to have gone sideways."

Borrello and other Republican lawmakers were present at a Seneca rally in the state Capitol Tuesday but Kennedy and Assembly sponsor Gary Pretlow were not, citing scheduling conflicts. Then in a recent statement, Kennedy's office said while the bill could certainly apply to the current negotiations, "its purpose was never limited to that scope" and his intent was always "forward-thinking."

Although he answered many questions in the context of the current negotiations, the statement does appear to be consistent with an interview from last week.

"I'm hopeful," Kennedy said last week. "This is a priority bill but it's also introduced late in the session so this is also part of the negotiation into the future. So this won't be the last time we're having this conversation as a state."

Borrello, meanwhile, has routinely questioned the governor's recusal from negotiations due to her husband's employment with Seneca gaming competitor Delaware North.

"She's not a state legislator,” he said. “She's not one of 63 senators that can recuse herself from a vote. This is a negotiated contract that she has to sign off on.”

Borrello said in the absence of Kennedy's bill or even potentially complimenting it, he's introduced his own legislation, which would call on the state comptroller to review and recommend either approval or modifications, prior to the governor signing off.

"Why not take away all of the speculation on conflicts of interest and whether or not the governor really has the ability to recuse herself and let's get the comptroller involved," he said. "That's the purpose of the legislation."

Any compact also requires a referendum vote by the Seneca Nation's citizens as well as federal approval. Meanwhile, the Seneca Nation has also confirmed it is interested in a business venture in Rochester, although it did not specify whether that would potentially be a casino, a video gambling facility or something else.

The president said Rochester is a market it has been exploring some time, although Borrello says the timing is interesting given negotiations over exclusivity zones for full casino gaming.