Bill Text: NY A04828 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the state finance law, in relation to the tribal-state compact revenue account; and to amend the state finance law and the economic development law, in relation to creating the tourism economic development fund and providing for supplemental tourism grants
Spectrum: Moderate Partisan Bill (Democrat 17-3)
Status: (Introduced - Dead) 2010-01-06 - referred to tourism, arts and sports development [A04828 Detail]
Download: New_York-2009-A04828-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4828
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. MORELLE, MARKEY, WEISENBERG, DelMONTE, GIANARIS,
WEPRIN, McENENY, DESTITO, PAULIN, PHEFFER, KOON, MAGNARELLI, LATIMER
-- Multi-Sponsored by -- M. of A. BING, CANESTRARI, ENGLEBRIGHT,
FITZPATRICK, GUNTHER, LUPARDO, MILLER -- read once and referred to the
Committee on Tourism, Arts and Sports Development
AN ACT to amend the state finance law, in relation to the tribal-state
compact revenue account; and to amend the state finance law and the
economic development law, in relation to creating the tourism economic
development fund and providing for supplemental tourism grants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby recognizes the
2 importance of tourism to the New York state economy. As the state's
3 second largest industry, tourism employs hundreds of thousands of New
4 Yorkers and generates billions in economic activity. Therefore, it is
5 the intent of the legislature to facilitate the growth of this industry
6 by increasing the funding source available for tourism promotion. The
7 legislature finds moneys from the casino gaming compacts to be an
8 adequate and appropriate source for such funding. Additionally, the
9 legislature finds that the creation of a supplemental local tourism
10 grants program will be a suitable measure to effectuate a more equitable
11 disbursement of tourism funding throughout the state. The legislature
12 further finds that special consideration should be given to promoting
13 New York state casinos which provide revenue to the state through gaming
14 compacts. This promotion will further enhance the fund from which tour-
15 ism promotion dollars are derived.
16 S 2. Subdivision 3 of section 99-h of the state finance law, as
17 amended by chapter 747 of the laws of 2006, is amended to read as
18 follows:
19 3. Moneys of the account, following appropriation by the legislature,
20 shall be available for purposes including but not limited to: (a)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06139-02-9
A. 4828 2
1 reimbursements or payments to municipal governments that host tribal
2 casinos pursuant to a tribal-state compact for costs incurred in
3 connection with services provided to such casinos or arising as a result
4 thereof, for economic development opportunities and job expansion
5 programs authorized by the executive law; provided, however, that for
6 any gaming facility located in the county of Erie, the municipal govern-
7 ments hosting the facility shall collectively receive a minimum of twen-
8 ty-five percent of the negotiated percentage of the net drop from elec-
9 tronic gaming devices the state receives pursuant to the compact, and
10 provided further that for any gaming facility located in the city of
11 Niagara Falls, county of Niagara a minimum of twenty-five percent of the
12 negotiated percentage of the net drop from electronic gaming devices the
13 state receives pursuant to the compact shall be distributed in accord-
14 ance with subdivision four of this section, and provided further that
15 for any gaming facility located in the county or counties of Cattarau-
16 gus, Chautauqua or Allegany, the municipal governments of the state
17 hosting the facility shall collectively receive a minimum of twenty-five
18 percent of the negotiated percentage of the net drop from electronic
19 gaming devices the state receives pursuant to the compact; and provided
20 further that pursuant to chapter five hundred ninety of the laws of two
21 thousand four, a minimum of twenty-five percent of the revenues received
22 by the state pursuant to the state's compact with the St. Regis Mohawk
23 tribe shall be made available to the counties of Franklin and St.
24 Lawrence, and affected towns in such counties. Each such county and its
25 affected towns shall receive fifty percent of the moneys made available
26 by the state; [and] (b) TOURISM PROMOTION, AS PROVIDED IN SECTION NINE-
27 TY-SEVEN-JJJJ OF THIS ARTICLE, AND MADE AVAILABLE FOR APPROPRIATION AND
28 ALLOCATION TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF
29 FUNDING THE PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT, AND EXPAN-
30 SION OF TOURIST TRAVEL, RESORT, VACATION, CULTURAL, AND CONVENTION
31 ACTIVITIES AUTHORIZED UNDER THE ECONOMIC DEVELOPMENT LAW; PROVIDED,
32 FURTHER, THAT NOT LESS THAN THIRTY-FIVE PERCENT OF SUCH FUNDS SHALL BE
33 AVAILABLE FOR THE PAYMENT OF MATCHING FUNDS TO TOURIST PROMOTION AGEN-
34 CIES AS PROVIDED FOR BY THE ECONOMIC DEVELOPMENT LAW; AND (C) support
35 and services of treatment programs for persons suffering from gambling
36 addictions. Moneys not appropriated for such purposes shall be trans-
37 ferred to the general fund for the support of government during the
38 fiscal year in which they are received.
39 S 3. The state finance law is amended by adding a new section 97-jjjj
40 to read as follows:
41 S 97-JJJJ. TOURISM ECONOMIC DEVELOPMENT FUND. 1. THERE IS HEREBY
42 ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
43 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
44 "TOURISM ECONOMIC DEVELOPMENT FUND".
45 2. SUCH FUND SHALL CONSIST OF: (A) AN AMOUNT EQUAL TO NOT LESS THAN
46 THIRTY PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET DROP FROM ELEC-
47 TRONIC GAMING DEVICES THE STATE RECEIVES PURSUANT TO PART B OF CHAPTER
48 THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE, PROVIDED,
49 HOWEVER, THAT IN THE EVENT THAT MORE THAN FOUR CASINOS BECOME OPERA-
50 TIONAL PURSUANT TO PART B OF CHAPTER THREE HUNDRED EIGHTY-THREE OF THE
51 LAWS OF TWO THOUSAND ONE, AND ANY TRIBAL-STATE COMPACT, THE AGGREGATE
52 PERCENTAGE OF THE NEGOTIATED PERCENTAGE OF THE NET DROP FROM ELECTRONIC
53 GAMING DEVICES REQUIRED TO BE DEPOSITED INTO THE TOURISM ECONOMIC DEVEL-
54 OPMENT FUND PURSUANT TO THIS SECTION SHALL DECREASE BY FIVE PERCENT AS
55 EACH ADDITIONAL CASINO BECOMES OPERATIONAL AND MAKES NEW DEPOSITS INTO
56 THE TRIBAL-STATE COMPACT REVENUE ACCOUNT PROVIDED FURTHER THAT NO SUCH
A. 4828 3
1 DECREASES SHALL OCCUR ONCE THE AGGREGATE PERCENTAGE REQUIRED FOR DEPOSIT
2 REACHES TEN PERCENT; (B) ALL MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH
3 FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW; AND (C)
4 ANY INTEREST EARNED BY THE INVESTMENT OF MONEYS IN SUCH FUND, WHICH
5 SHALL BE ADDED TO SUCH FUND.
6 3. REVENUES IN THE TOURISM ECONOMIC DEVELOPMENT FUND SHALL BE KEPT
7 SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTO-
8 DY OF THE COMPTROLLER. ALL DEPOSITS OF SUCH REVENUES SHALL, IF REQUIRED
9 BY THE COMPTROLLER, BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR
10 THE STATE HAVING A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH
11 DEPOSITS. ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY
12 FOR SUCH DEPOSITS. ANY SUCH REVENUES IN SUCH FUND MAY, UPON THE
13 DISCRETION OF THE COMPTROLLER, BE INVESTED IN OBLIGATIONS IN WHICH THE
14 COMPTROLLER IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
15 OF THIS ARTICLE.
16 4. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
17 CATION TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF
18 FUNDING THE PROMOTION, ATTRACTION, STIMULATION, DEVELOPMENT, AND EXPAN-
19 SION OF TOURIST TRAVEL, RESORT, VACATION, CULTURE, AND CONVENTION ACTIV-
20 ITIES WITHIN THE STATE AND ITS REGIONS PURSUANT TO PROGRAMS AND ACTIV-
21 ITIES AUTHORIZED UNDER THE ECONOMIC DEVELOPMENT LAW.
22 5. (A) WITH RESPECT TO THE MONIES ANNUALLY DEDICATED IN THE TOURISM
23 ECONOMIC DEVELOPMENT FUND, NOT LESS THAN THIRTY-FIVE PERCENT SHALL BE
24 MADE AVAILABLE FOR THE PAYMENT OF MATCHING FUNDS TO TOURIST PROMOTION
25 AGENCIES AS PROVIDED FOR BY THE ECONOMIC DEVELOPMENT LAW.
26 (B) OF THE MONEYS MADE AVAILABLE FOR THE PAYMENT OF MATCHING FUNDS BY
27 PARAGRAPH (A) OF THIS SUBDIVISION NOT LESS THAN THIRTY PERCENT SHALL BE
28 MADE AVAILABLE FOR THE PAYMENT OF SUPPLEMENTAL TOURISM GRANTS AS
29 PROVIDED BY SECTION ONE HUNDRED SIXTY-FOUR-A OF THE ECONOMIC DEVELOPMENT
30 LAW.
31 S 4. The economic development law is amended by adding a new section
32 164-a to read as follows:
33 S 164-A. SUPPLEMENTAL TOURISM GRANTS. (A) THE COMMISSIONER SHALL,
34 WITHIN THE AMOUNT APPROPRIATED PURSUANT TO SUBDIVISION FIVE OF SECTION
35 NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW, ALSO AWARD TO TOURIST
36 PROMOTION AGENCIES RECEIVING SUCH MATCHING FUNDS A SUPPLEMENTAL TOURISM
37 GRANT. SUCH GRANT SHALL BE DISTRIBUTED BY THE COMMISSIONER IN A MANNER
38 THAT ALLOWS FOR AN EQUAL PERCENTAGE OF THE AGGREGATE TO BE ALLOCATED
39 UPON THE RECOMMENDATION OF THE GOVERNOR, TEMPORARY PRESIDENT OF THE
40 SENATE, AND SPEAKER OF THE ASSEMBLY RESPECTIVELY.
41 (B) OF ANY MONEY AVAILABLE TO A TOURIST PROMOTION AGENCY WHICH HAS
42 BEEN DESIGNATED TO REPRESENT A COUNTY WHOLLY WITHIN A CITY, NOT LESS
43 THAN FIFTY PERCENT OF THE TOTAL AMOUNT APPROPRIATED SHALL BE AVAILABLE
44 TO SUCH TOURIST PROMOTION AGENCY FOR DISCRETIONARY USE FOR TOURISM
45 PROMOTION PURPOSES, AS SPECIFIED IN SUBDIVISION FOUR OF SECTION NINETY-
46 SEVEN-JJJJ OF THE STATE FINANCE LAW. OF THE REMAINING FIFTY PERCENT,
47 SUCH MONEY SHALL BE USED FOR TOURISM PROMOTION PURPOSES, AS SPECIFIED IN
48 SUBDIVISION FOUR OF SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW,
49 ON A PER CAPITA BASIS IN A MANNER THAT AWARDS A TOURIST PROMOTION AGENCY
50 A SHARE OF THE TOTAL AMOUNT APPROPRIATED WHICH IS PROPORTIONAL TO THAT
51 OF THE POPULATION, BASED UPON THE MOST CURRENT FEDERAL DECENNIAL OR
52 SPECIAL CENSUS, RESIDING IN THE COUNTY OR COUNTIES REPRESENTED BY THE
53 TOURIST PROMOTION AGENCY RELATIVE TO THE POPULATION OF THE ENTIRE STATE.
54 (C) THE COMMISSIONER IS HEREBY AUTHORIZED TO SET REASONABLE DEADLINES
55 FOR THE SUBMISSION OF APPLICATIONS FOR EACH FISCAL YEAR COVERED BY
56 APPROPRIATIONS IN ORDER TO ASSIST SUCH AGENCIES IN THE FINANCING OF
A. 4828 4
1 THEIR RECOGNIZED ADVERTISING PROGRAMS. BEFORE ANY SUCH GRANTS MAY BE
2 EXPENDED, THE TOURIST PROMOTION AGENCY SHALL HAVE MADE APPLICATION TO
3 THE DEPARTMENT FOR SUCH GRANTS, AND SHALL HAVE THEREIN SET FORTH THE
4 SCHEDULE, BUDGET, SCOPE, AND THEME OF THE PROPOSED ADVERTISING PROGRAM
5 TO BE UNDERTAKEN FOR THE PURPOSE OF ENCOURAGING AND STIMULATING TOURIST
6 TRAVEL, RESORT, VACATION, CULTURE AND CONVENTION ACTIVITIES IN THE COUN-
7 TY OR COUNTIES WITHIN ITS AREA. SAID APPLICATION SHALL FURTHER STATE,
8 UNDER OATH OR AFFIRMATION, WITH EVIDENCE THEREOF SATISFACTORY TO THE
9 DEPARTMENT, THAT ALL ADVERTISING PURCHASED WITH GRANTS APPROPRIATED
10 UNDER THIS ARTICLE SHALL FOLLOW CENTRAL CONCEPTUAL THEMES USED BY THE
11 DEPARTMENT IN ITS ADVERTISING FOR STATE TOURISM PROMOTION INCLUDING
12 USING ANY LOGO-TYPE OR SIMILAR ADVERTISING CONSTRUCT IN USE BY THE
13 DEPARTMENT.
14 (D) AFTER REVIEW OF A SUBMITTED APPLICATION, IF SATISFIED THAT THE
15 PROGRAM OF THE TOURIST PROMOTION AGENCY APPEARS TO BE IN ACCORD WITH THE
16 PURPOSES OF THIS ARTICLE, THE COMMISSIONER SHALL AUTHORIZE IN WRITING
17 THE PAYMENT OF A SUPPLEMENTAL TOURISM GRANT APPROPRIATED PURSUANT TO
18 THIS ARTICLE TO SUCH TOURIST PROMOTION AGENCY EQUAL TO FUNDS ALLOCATED
19 BY SUCH AGENCY TO THE PROGRAM DESCRIBED IN ITS APPLICATION. PROVIDED
20 THAT SUFFICIENT FUNDS ARE APPROPRIATED, NO SUCH GRANT SHALL BE LESS THAN
21 TEN THOUSAND DOLLARS PER COUNTY REPRESENTED BY SUCH TOURIST PROMOTION
22 AGENCY. NO SUCH MINIMUM GRANT SHALL ALLOW THE AWARDING OF SUPPLEMENTAL
23 MATCHING GRANTS FOR APPLICATIONS OTHER THAN THOSE MEETING THE GUIDELINES
24 ESTABLISHED BY THE DEPARTMENT.
25 (E) NO SUPPLEMENTAL TOURISM GRANTS AWARDED TO A TOURIST PROMOTION
26 AGENCY PURSUANT TO THIS SECTION MAY BE USED FOR TRAVEL, FOOD, LODGING,
27 ENTERTAINMENT, TRANSPORTATION OR EXPENSES UNRELATED TO THE APPROVED
28 ADVERTISING PROGRAM.
29 (F) APPLICATIONS REQUIRED BY THIS SECTION SHALL BE SUBMITTED ONLY UPON
30 FORMS PROVIDED BY THE DEPARTMENT. SUCH FORMS SHALL CONTAIN A STATEMENT
31 OF THE GUIDELINES WHICH THE COMMISSIONER SHALL USE TO EVALUATE THE
32 APPLICATIONS. SUCH GUIDELINES SHALL BE ESTABLISHED BY THE COMMISSIONER
33 ON AN ANNUAL BASIS AND, ONCE ESTABLISHED, SHALL NOT BE CHANGED UNTIL THE
34 FOLLOWING YEAR.
35 (G) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS TO PROHIB-
36 IT A TOURIST PROMOTION AGENCY FROM ESTABLISHING A LOCAL TOURISM
37 PROMOTION MATCHING FUNDS PROGRAM RELATING TO ANY SUPPLEMENTAL TOURISM
38 GRANT AWARD, FOR THE PURPOSE OF TOURISM PROMOTION, AS SPECIFIED IN
39 SUBDIVISION FOUR OF SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW,
40 OF A COUNTY REPRESENTED BY SUCH TOURIST PROMOTION AGENCY.
41 S 5. This act shall take effect immediately; provided, however, that
42 the amendments to subdivision 3 of section 99-h of the state finance law
43 made by section two of this act shall not affect the expiration of such
44 subdivision and shall be deemed to expire therewith.
