Bill Text: NY A07526 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to monies appropriated and received each year by the state as a portion of the negotiated percentage of the net drop from electronic gaming devices the state receives.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-14 - print number 7526b [A07526 Detail]

Download: New_York-2023-A07526-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7526--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by  M.  of  A.  MORINELLO  --  read once and referred to the
          Committee  on  Racing  and  Wagering  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Racing and Wagering in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to amend the state finance law, in relation to the tribal-state
          compact revenue account

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 3 of section 99-h of the state finance law, as
     2  amended by chapter 174 of the laws of 2013, is amended and a new  subdi-
     3  vision 4 is added to read as follows:
     4    3.  Moneys of the account, following the segregation of appropriations
     5  enacted by the legislature, shall be available  for  purposes  including
     6  but  not limited to: (a) reimbursements or payments to municipal govern-
     7  ments that host tribal casinos pursuant to a  tribal-state  compact  for
     8  costs  incurred  in connection with services provided to such casinos or
     9  arising as a result thereof, for economic development opportunities  and
    10  job expansion programs authorized by the executive law; provided, howev-
    11  er,  that  for  any  gaming  facility  located in the county of Erie [or
    12  Niagara], the municipal governments hosting the facility  shall  collec-
    13  tively  receive  a  minimum  of  twenty-five  percent  of the negotiated
    14  percentage of the net drop from  electronic  gaming  devices  the  state
    15  receives  pursuant  to  the  compact,  and provided further that for any
    16  gaming facility located in the city of Niagara Falls, county of  Niagara
    17  a minimum of twenty-five percent of the negotiated percentage of the net
    18  drop  from  electronic gaming devices the state receives pursuant to the
    19  compact shall be distributed in accordance with subdivision four of this
    20  section, and provided further that for any gaming  facility  located  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11229-12-4

        A. 7526--B                          2

     1  the  county  or  counties  of  Cattaraugus,  Chautauqua or Allegany, the
     2  municipal governments of the state hosting the  facility  shall  collec-
     3  tively  receive  a  minimum  of  twenty-five  percent  of the negotiated
     4  percentage  of  the  net  drop  from electronic gaming devices the state
     5  receives pursuant to the compact; and provided further that pursuant  to
     6  chapter  five hundred ninety of the laws of two thousand four, a minimum
     7  of twenty-five percent of the revenues received by the state pursuant to
     8  the state's compact with the St. Regis Mohawk tribe shall be made avail-
     9  able to the counties of Franklin and St. Lawrence, and affected towns in
    10  such counties. Each such county and its  affected  towns  shall  receive
    11  fifty  percent  of  the moneys made available by the state; and provided
    12  further that the state shall annually make twenty-five  percent  of  the
    13  negotiated  percentage of the net drop from all gaming devices the state
    14  actually receives pursuant to the Oneida Settlement Agreement  confirmed
    15  by  section eleven of the executive law available to the county of Onei-
    16  da, and a sum of three and one-half million dollars  to  the  county  of
    17  Madison. Additionally, the state shall distribute, for a period of nine-
    18  teen and one-quarter years, an additional annual sum of two and one-half
    19  million  dollars  to the county of Oneida. Additionally, the state shall
    20  distribute the one-time eleven million dollar payment actually  received
    21  by  the  state pursuant to the Oneida Settlement Agreement to the county
    22  of Madison by wire transfer upon receipt of such payment by  the  state;
    23  and (b) support and services of treatment programs for persons suffering
    24  from gambling addictions.  Moneys not segregated for such purposes shall
    25  be  transferred to the general fund for the support of government during
    26  the fiscal year in which they are received.
    27    4. (a) Monies which are appropriated and received  each  year  by  the
    28  state  as  a  portion  of the negotiated percentage of the net drop from
    29  electronic gaming devices the state receives in relation to  the  opera-
    30  tion  of  a  gaming  facility  in  the  city of Niagara Falls, county of
    31  Niagara as required under subdivision three of this  section,  shall  be
    32  budgeted  and  disbursed  by  the city of Niagara Falls in the following
    33  manner:
    34    (i) eighty percent of the total annual amount received shall be avail-
    35  able for expenditure by the  city  of  Niagara  Falls  for  such  public
    36  purposes  as  are determined, by the city, to be necessary and desirable
    37  to accommodate and enhance economic development, neighborhood  revitali-
    38  zation,  public health and safety, and infrastructure improvement in the
    39  city, shall be deposited into the tribal revenue account of the city and
    40  any and all interest and income derived from the deposit and  investment
    41  of such monies shall be deposited into the general operating fund of the
    42  city;  provided however, that any amount allocated to the not-for-profit
    43  organization known as the Niagara Falls underground  railroad  interpre-
    44  tive  center  created to continue the Niagara Falls Underground Railroad
    45  Heritage Commission's mission to operate an underground railroad museum,
    46  to the extent that its share pursuant  to  the  formula  established  in
    47  clause  four of subparagraph (ii) of this paragraph exceeds one percent,
    48  such amounts shall be distributed from the funds available to  the  city
    49  for its public purposes pursuant to this paragraph; and
    50    (ii)  the remaining twenty percent of the total annual amount received
    51  shall be allocated for the city of Niagara Falls  to  be  available  for
    52  expenditure in the following manner:
    53    (1)  within  thirty-five days upon receipt of such funds by such city,
    54  five and one-half percent of the total annual amount  received  in  each
    55  year, not to exceed seven hundred fifty thousand dollars annually, shall

        A. 7526--B                          3

     1  be  transferred  to Niagara Falls memorial medical center to be used for
     2  capital construction projects; and
     3    (2)  within  thirty-five days upon receipt of such funds by such city,
     4  five and one-half percent of the total annual amount  received  in  each
     5  year, not to exceed seven hundred fifty thousand dollars annually, shall
     6  be  transferred  to  the  Niagara Falls city school district for capital
     7  construction projects; and
     8    (3) within thirty-five days upon receipt of such funds by  such  city,
     9  seven  percent  of  the total amount received in each year not to exceed
    10  one million dollars, shall be transferred to  the  Niagara  tourism  and
    11  convention center corporation for marketing and tourism promotion in the
    12  county of Niagara including the city of Niagara Falls; and
    13    (4)  within  thirty-five days upon receipt of such funds by such city,
    14  one percent or two hundred thousand dollars, whichever  is  greater,  of
    15  the  total  annual  amount received in each year shall be transferred to
    16  the not-for-profit organization known as the Niagara  Falls  underground
    17  railroad  interpretive  center  created  to  continue  the Niagara Falls
    18  Underground Railroad Heritage Commission's mission to operate an  under-
    19  ground railroad museum, to be used for, but not limited to, development,
    20  capital  improvements,  acquisition of real property, and acquisition of
    21  personal property within the heritage area in the city of Niagara  Falls
    22  as  established  pursuant  to  the commission; provided in the event the
    23  distribution available pursuant to this clause exceeds one  percent,  it
    24  shall  be distributed from the moneys available pursuant to subparagraph
    25  (i) of this paragraph; and
    26    (5) within thirty-five days upon receipt of such funds by  such  city,
    27  fifty  thousand  dollars of the total amount received in each year shall
    28  be transferred to Mount Saint Mary's Neighborhood Health Center; and
    29    (6) within thirty-five days upon receipt of such funds by  such  city,
    30  fifty  thousand dollars of the total annual amount received in each year
    31  shall be transferred to the Niagara Falls housing authority  established
    32  pursuant  to  title twelve of article thirteen of the public housing law
    33  for upgrades to their facilities; and
    34    (7) all other monies appropriated or received for distribution  pursu-
    35  ant  to  this  subdivision  after the transfer of money pursuant to this
    36  subparagraph and subparagraph (i) of this paragraph in each  year  shall
    37  be  allocated  to  the city of Niagara Falls for infrastructure and road
    38  improvement projects.
    39    (b) On or before the first of  April,  each  entity  receiving  moneys
    40  pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivi-
    41  sion,  shall  annually submit a report to the governor, temporary presi-
    42  dent of the senate, speaker of the  assembly,  minority  leader  of  the
    43  senate,  minority  leader  of the assembly, mayor of the city of Niagara
    44  Falls and leader of the city council of the city of Niagara Falls.  Each
    45  such  report  shall include an accounting of all moneys received by such
    46  entity pursuant to paragraph (a) of this subdivision and the expenditure
    47  of any such moneys.
    48    (c) Notwithstanding any other provision of law to the contrary,  fail-
    49  ure  by  the  city  of  Niagara  Falls to disburse funds as such city is
    50  required pursuant to clauses one, two, three and  four  of  subparagraph
    51  (ii) of paragraph (a) of this subdivision within thirty-five days of the
    52  actual  receipt of the funds or the submission of the subentity expendi-
    53  ture report due by April first of each year, whichever is  later,  shall
    54  result in an additional payment by the city of Niagara Falls of one-half
    55  percent  per week not to exceed eighteen percent of the amount which was
    56  to have been disbursed pursuant to such  clauses.  Any  such  additional

        A. 7526--B                          4

     1  payment  required  to  be  made  by the city shall be disbursed from the
     2  city's share described in subparagraph (i)  of  paragraph  (a)  of  this
     3  subdivision.
     4    (d) In the event that any monies to be distributed pursuant to clauses
     5  one, three and four of subparagraph (ii) of paragraph (a) of this subdi-
     6  vision  cannot,  for  any  reason,  be received or utilized, such monies
     7  shall be distributed to the city of Niagara Falls for economic  develop-
     8  ment projects within such city.
     9    § 2. This act shall take effect immediately.
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