STATE OF NEW YORK
________________________________________________________________________
7526--A
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
AN ACT to amend the state finance law, in relation to the tribal-state
compact revenue account; to repeal certain provisions of such law
relating thereto and to amend chapter 747 of the laws of 2006, amend-
ing the state finance law relating to the tribal-state compact revenue
account, in relation to extending the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 4 of section 99-h of the state finance law, as
2 amended by section 2 of part QQ of chapter 59 of the laws of 2009 is
3 REPEALED and a new subdivision 4 is added to read as follows:
4 4. (a) Monies which are appropriated and received each year by the
5 state as a portion of the negotiated percentage of the net drop from
6 electronic gaming devices the state receives in relation to the opera-
7 tion of a gaming facility in the city of Niagara Falls, county of
8 Niagara as required under subdivision three of this section, shall be
9 budgeted and disbursed by the city of Niagara Falls in the following
10 manner:
11 (i) eighty percent of the total annual amount received shall be avail-
12 able for expenditure by the city of Niagara Falls for such public
13 purposes as are determined, by the city, to be necessary and desirable
14 to accommodate and enhance economic development, neighborhood revitali-
15 zation, public health and safety, and infrastructure improvement in the
16 city, shall be deposited into the tribal revenue account of the city and
17 any and all interest and income derived from the deposit and investment
18 of such monies shall be deposited into the general operating fund of the
19 city; provided however, that any amount allocated to the not-for-profit
20 organization known as the Niagara Falls underground railroad interpre-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11229-08-3
A. 7526--A 2
1 tive center created to continue the Niagara Falls Underground Railroad
2 Heritage Commission's mission to operate an underground railroad museum,
3 to the extent that its share pursuant to the formula established in
4 clause four of subparagraph (ii) of this paragraph exceeds one percent,
5 such amounts shall be distributed from the funds available to the city
6 for its public purposes pursuant to this paragraph; and
7 (ii) the remaining twenty percent of the total annual amount received
8 shall be allocated for the city of Niagara Falls to be available for
9 expenditure in the following manner:
10 (1) within thirty-five days upon receipt of such funds by such city,
11 five and one-half percent of the total annual amount received in each
12 year, not to exceed seven hundred fifty thousand dollars annually, shall
13 be transferred to Niagara Falls memorial medical center to be used for
14 capital construction projects; and
15 (2) within thirty-five days upon receipt of such funds by such city,
16 five and one-half percent of the total annual amount received in each
17 year, not to exceed seven hundred fifty thousand dollars annually, shall
18 be transferred to the Niagara Falls city school district for capital
19 construction projects; and
20 (3) within thirty-five days upon receipt of such funds by such city,
21 seven percent of the total amount received in each year not to exceed
22 one million dollars, shall be transferred to the Niagara tourism and
23 convention center corporation for marketing and tourism promotion in the
24 county of Niagara including the city of Niagara Falls; and
25 (4) within thirty-five days upon receipt of such funds by such city,
26 one percent or two hundred thousand dollars, whichever is greater, of
27 the total annual amount received in each year shall be transferred to
28 the not-for-profit organization known as the Niagara Falls underground
29 railroad interpretive center created to continue the Niagara Falls
30 Underground Railroad Heritage Commission's mission to operate an under-
31 ground railroad museum, to be used for, but not limited to, development,
32 capital improvements, acquisition of real property, and acquisition of
33 personal property within the heritage area in the city of Niagara Falls
34 as established pursuant to the commission; provided in the event the
35 distribution available pursuant to this clause exceeds one percent, it
36 shall be distributed from the moneys available pursuant to subparagraph
37 (i) of this paragraph; and
38 (5) within thirty-five days upon receipt of such funds by such city,
39 fifty thousand dollars of the total amount received in each year shall
40 be transferred to Mount Saint Mary's Neighborhood Health Center; and
41 (6) within thirty-five days upon receipt of such funds by such city,
42 fifty thousand dollars of the total annual amount received in each year
43 shall be transferred to the Niagara Falls housing authority established
44 pursuant to title twelve of article thirteen of the public housing law
45 for upgrades to their facilities; and
46 (7) all other monies appropriated or received for distribution pursu-
47 ant to this subdivision after the transfer of money pursuant to this
48 subparagraph and subparagraph (i) of this paragraph in each year shall
49 be allocated to the city of Niagara Falls for infrastructure and road
50 improvement projects.
51 (b) On or before the first of April, each entity receiving moneys
52 pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivi-
53 sion, shall annually submit a report to the governor, temporary presi-
54 dent of the senate, speaker of the assembly, minority leader of the
55 senate, minority leader of the assembly, mayor of the city of Niagara
56 Falls and leader of the city council of the city of Niagara Falls. Each
A. 7526--A 3
1 such report shall include an accounting of all moneys received by such
2 entity pursuant to paragraph (a) of this subdivision and the expenditure
3 of any such moneys.
4 (c) Notwithstanding any other provision of law to the contrary, fail-
5 ure by the city of Niagara Falls to disburse funds as such city is
6 required pursuant to clauses one, two, three and four of subparagraph
7 (ii) of paragraph (a) of this subdivision within thirty-five days of the
8 actual receipt of the funds or the submission of the subentity expendi-
9 ture report due by April first of each year, whichever is later, shall
10 result in an additional payment by the city of Niagara Falls of one-half
11 percent per week not to exceed eighteen percent of the amount which was
12 to have been disbursed pursuant to such clauses. Any such additional
13 payment required to be made by the city shall be disbursed from the
14 city's share described in subparagraph (i) of paragraph (a) of this
15 subdivision.
16 (d) In the event that any monies to be distributed pursuant to clauses
17 one, three and four of subparagraph (ii) of paragraph (a) of this subdi-
18 vision cannot, for any reason, be received or utilized, such monies
19 shall be distributed to the city of Niagara Falls for economic develop-
20 ment projects within such city.
21 § 2. Section 99-h of the state finance law, as amended by section 1 of
22 part V of chapter 59 of the laws of 2006, is amended by adding a new
23 subdivision 4 to read as follows:
24 4. (a) Monies which are appropriated and received each year by the
25 state as a portion of the negotiated percentage of the net drop from
26 electronic gaming devices the state receives in relation to the opera-
27 tion of a gaming facility in the city of Niagara Falls, county of
28 Niagara as required under subdivision three of this section, shall be
29 budgeted and disbursed by the city of Niagara Falls in the following
30 manner:
31 (i) eighty percent of the total annual amount received shall be avail-
32 able for expenditure by the city of Niagara Falls for such public
33 purposes as are determined, by the city, to be necessary and desirable
34 to accommodate and enhance economic development, neighborhood revitali-
35 zation, public health and safety, and infrastructure improvement in the
36 city, shall be deposited into the tribal revenue account of the city and
37 any and all interest and income derived from the deposit and investment
38 of such monies shall be deposited into the general operating fund of the
39 city; provided however, that any amount allocated to the not-for-profit
40 organization known as the Niagara Falls underground railroad interpre-
41 tive center created to continue the Niagara Falls Underground Railroad
42 Heritage Commission's mission to operate an underground railroad museum,
43 to the extent that its share pursuant to the formula established in
44 clause four of subparagraph (ii) of this paragraph exceeds one percent,
45 such amounts shall be distributed from the funds available to the city
46 for its public purposes pursuant to this paragraph; and
47 (ii) the remaining twenty percent of the total annual amount received
48 shall be allocated for the city of Niagara Falls to be available for
49 expenditure in the following manner:
50 (1) within thirty-five days upon receipt of such funds by such city,
51 five and one-half percent of the total annual amount received in each
52 year, not to exceed seven hundred fifty thousand dollars annually, shall
53 be transferred to Niagara Falls memorial medical center to be used for
54 capital construction projects; and
55 (2) within thirty-five days upon receipt of such funds by such city,
56 five and one-half percent of the total annual amount received in each
A. 7526--A 4
1 year, not to exceed seven hundred fifty thousand dollars annually, shall
2 be transferred to the Niagara Falls city school district for capital
3 construction projects; and
4 (3) within thirty-five days upon receipt of such funds by such city,
5 seven percent of the total amount received in each year not to exceed
6 one million dollars, shall be transferred to the Niagara tourism and
7 convention center corporation for marketing and tourism promotion in the
8 county of Niagara including the city of Niagara Falls; and
9 (4) within thirty-five days upon receipt of such funds by such city,
10 one percent or two hundred thousand dollars, whichever is greater, of
11 the total annual amount received in each year shall be transferred to
12 the not-for-profit organization known as the Niagara Falls underground
13 railroad interpretive center created to continue the Niagara Falls
14 Underground Railroad Heritage Commission's mission to operate an under-
15 ground railroad museum, to be used for, but not limited to, development,
16 capital improvements, acquisition of real property, and acquisition of
17 personal property within the heritage area in the city of Niagara Falls
18 as established pursuant to the commission; provided in the event the
19 distribution available pursuant to this clause exceeds one percent, it
20 shall be distributed from the moneys available pursuant to subparagraph
21 (i) of this paragraph; and
22 (5) within thirty-five days upon receipt of such funds by such city,
23 fifty thousand dollars of the total amount received in each year shall
24 be transferred to Mount Saint Mary's Neighborhood Health Center; and
25 (6) within thirty-five days upon receipt of such funds by such city,
26 fifty thousand dollars of the total annual amount received in each year
27 shall be transferred to the Niagara Falls housing authority established
28 pursuant to title twelve of article thirteen of the public housing law
29 for upgrades to their facilities; and
30 (7) all other monies appropriated or received for distribution pursu-
31 ant to this subdivision after the transfer of money pursuant to this
32 subparagraph and subparagraph (i) of this paragraph in each year shall
33 be allocated to the city of Niagara Falls for infrastructure and road
34 improvement projects.
35 (b) On or before the first of April, each entity receiving moneys
36 pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivi-
37 sion, shall annually submit a report to the governor, temporary presi-
38 dent of the senate, speaker of the assembly, minority leader of the
39 senate, minority leader of the assembly, mayor of the city of Niagara
40 Falls and leader of the city council of the city of Niagara Falls. Each
41 such report shall include an accounting of all moneys received by such
42 entity pursuant to paragraph (a) of this subdivision and the expenditure
43 of any such moneys.
44 (c) Notwithstanding any other provision of law to the contrary, fail-
45 ure by the city of Niagara Falls to disburse funds as such city is
46 required pursuant to clauses one, two, three and four of subparagraph
47 (ii) of paragraph (a) of this subdivision within thirty-five days of the
48 actual receipt of the funds or the submission of the subentity expendi-
49 ture report due by April first of each year, whichever is later, shall
50 result in an additional payment by the city of Niagara Falls of one-half
51 percent per week not to exceed eighteen percent of the amount which was
52 to have been disbursed pursuant to such clauses. Any such additional
53 payment required to be made by the city shall be disbursed from the
54 city's share described in subparagraph (i) of paragraph (a) of this
55 subdivision.
A. 7526--A 5
1 (d) In the event that any monies to be distributed pursuant to clauses
2 one, three and four of subparagraph (ii) of paragraph (a) of this subdi-
3 vision cannot, for any reason, be received or utilized, such monies
4 shall be distributed to the city of Niagara Falls for economic develop-
5 ment projects within such city.
6 § 3. Section 2 of chapter 747 of the laws of 2006, amending the state
7 finance law relating to the tribal-state compact revenue account, as
8 amended by section 1 of part R of chapter 57 of the laws of 2016, is
9 amended to read as follows:
10 § 2. This act shall take effect immediately, and shall expire and be
11 deemed repealed December 31, [2023] 2030.
12 § 4. This act shall take effect immediately; provided, however, that
13 the amendments to section 99-h of the state finance law made by section
14 one of this act shall take effect January 1, 2024; and provided further
15 that the amendments to section 99-h of the state finance law made by
16 section one of this act shall be subject to the expiration and reversion
17 of such section pursuant to section 2 of chapter 747 of the laws of
18 2006, as amended, when upon such date the provisions of section two of
19 this act shall take effect.