Bill Text: NY S07411 | 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; extends the effectiveness thereof.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-01-03 - REFERRED TO FINANCE [S07411 Detail]
Download: New_York-2023-S07411-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7411--A 2023-2024 Regular Sessions IN SENATE May 23, 2023 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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4 of section 99-h of the state finance law, as 2 amended by section 2 of part QQ of chapter 59 of the laws of 2009 is 3 REPEALED and a new subdivision 4 is added to read as follows: 4 4.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. LBD11229-07-3S. 7411--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. EachS. 7411--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 eachS. 7411--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.S. 7411--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.
