A 4543: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4543 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. MORINELLO -- read once and referred to the Committee on Racing and Wagering 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 21 the county or counties of Cattaraugus, Chautauqua or Allegany, the 22 municipal governments of the state hosting the facility shall collec- 23 tively receive a minimum of twenty-five percent of the negotiated 24 percentage of the net drop from electronic gaming devices the state 25 receives pursuant to the compact; and provided further that pursuant to 26 chapter five hundred ninety of the laws of two thousand four, a minimum 27 of twenty-five percent of the revenues received by the state pursuant to 28 the state's compact with the St. Regis Mohawk tribe shall be made avail- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04291-01-5 
 A. 4543 2 1 able to the counties of Franklin and St. Lawrence, and affected towns in 2 such counties. Each such county and its affected towns shall receive 3 fifty percent of the moneys made available by the state; and provided 4 further that the state shall annually make twenty-five percent of the 5 negotiated percentage of the net drop from all gaming devices the state 6 actually receives pursuant to the Oneida Settlement Agreement confirmed 7 by section eleven of the executive law available to the county of Onei- 8 da, and a sum of three and one-half million dollars to the county of 9 Madison. Additionally, the state shall distribute, for a period of nine- 10 teen and one-quarter years, an additional annual sum of two and one-half 11 million dollars to the county of Oneida. Additionally, the state shall 12 distribute the one-time eleven million dollar payment actually received 13 by the state pursuant to the Oneida Settlement Agreement to the county 14 of Madison by wire transfer upon receipt of such payment by the state; 15 and (b) support and services of treatment programs for persons suffering 16 from gambling addictions. Moneys not segregated for such purposes shall 17 be transferred to the general fund for the support of government during 18 the fiscal year in which they are received. 19 4. (a) Monies which are appropriated and received each year by the 20 state as a portion of the negotiated percentage of the net drop from 21 electronic gaming devices the state receives in relation to the opera- 22 tion of a gaming facility in the city of Niagara Falls, county of 23 Niagara as required under subdivision three of this section, shall be 24 budgeted and disbursed by the city of Niagara Falls in the following 25 manner: 26 (i) eighty percent of the total annual amount received shall be avail- 27 able for expenditure by the city of Niagara Falls for such public 28 purposes as are determined, by the city, to be necessary and desirable 29 to accommodate and enhance economic development, neighborhood revitali- 30 zation, public health and safety, and infrastructure improvement in the 31 city, shall be deposited into the tribal revenue account of the city and 32 any and all interest and income derived from the deposit and investment 33 of such monies shall be deposited into the general operating fund of the 34 city; provided however, that any amount allocated to the not-for-profit 35 organization known as the Niagara Falls underground railroad interpre- 36 tive center created to continue the Niagara Falls Underground Railroad 37 Heritage Commission's mission to operate an underground railroad museum, 38 to the extent that its share pursuant to the formula established in 39 clause four of subparagraph (ii) of this paragraph exceeds one percent, 40 such amounts shall be distributed from the funds available to the city 41 for its public purposes pursuant to this paragraph; and 42 (ii) the remaining twenty percent of the total annual amount received 43 shall be allocated for the city of Niagara Falls to be available for 44 expenditure in the following manner: 45 (1) within thirty-five days upon receipt of such funds by such city, 46 five and one-half percent of the total annual amount received in each 47 year, not to exceed seven hundred fifty thousand dollars annually, shall 48 be transferred to Niagara Falls memorial medical center to be used for 49 capital construction projects; and 50 (2) 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 the Niagara Falls city school district for capital 54 construction projects; and 55 (3) within thirty-five days upon receipt of such funds by such city, 56 seven percent of the total amount received in each year not to exceed 
 A. 4543 3 1 one million dollars, shall be transferred to the Niagara tourism and 2 convention center corporation for marketing and tourism promotion in the 3 county of Niagara including the city of Niagara Falls; and 4 (4) within thirty-five days upon receipt of such funds by such city, 5 one percent or two hundred thousand dollars, whichever is greater, of 6 the total annual amount received in each year shall be transferred to 7 the not-for-profit organization known as the Niagara Falls underground 8 railroad interpretive center created to continue the Niagara Falls 9 Underground Railroad Heritage Commission's mission to operate an under- 10 ground railroad museum, to be used for, but not limited to, development, 11 capital improvements, acquisition of real property, and acquisition of 12 personal property within the heritage area in the city of Niagara Falls 13 as established pursuant to the commission; provided in the event the 14 distribution available pursuant to this clause exceeds one percent, it 15 shall be distributed from the moneys available pursuant to subparagraph 16 (i) of this paragraph; and 17 (5) within thirty-five days upon receipt of such funds by such city, 18 fifty thousand dollars of the total amount received in each year shall 19 be transferred to Mount Saint Mary's Neighborhood Health Center; and 20 (6) within thirty-five days upon receipt of such funds by such city, 21 fifty thousand dollars of the total annual amount received in each year 22 shall be transferred to the Niagara Falls housing authority established 23 pursuant to title twelve of article thirteen of the public housing law 24 for upgrades to their facilities; and 25 (7) all other monies appropriated or received for distribution pursu- 26 ant to this subdivision after the transfer of money pursuant to this 27 subparagraph and subparagraph (i) of this paragraph in each year shall 28 be allocated to the city of Niagara Falls for infrastructure and road 29 improvement projects. 30 (b) On or before the first of April, each entity receiving moneys 31 pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivi- 32 sion, shall annually submit a report to the governor, temporary presi- 33 dent of the senate, speaker of the assembly, minority leader of the 34 senate, minority leader of the assembly, mayor of the city of Niagara 35 Falls and leader of the city council of the city of Niagara Falls. Each 36 such report shall include an accounting of all moneys received by such 37 entity pursuant to paragraph (a) of this subdivision and the expenditure 38 of any such moneys. 39 (c) Notwithstanding any other provision of law to the contrary, fail- 40 ure by the city of Niagara Falls to disburse funds as such city is 41 required pursuant to clauses one, two, three and four of subparagraph 42 (ii) of paragraph (a) of this subdivision within thirty-five days of the 43 actual receipt of the funds or the submission of the subentity expendi- 44 ture report due by April first of each year, whichever is later, shall 45 result in an additional payment by the city of Niagara Falls of one-half 46 percent per week not to exceed eighteen percent of the amount which was 47 to have been disbursed pursuant to such clauses. Any such additional 48 payment required to be made by the city shall be disbursed from the 49 city's share described in subparagraph (i) of paragraph (a) of this 50 subdivision. 51 (d) In the event that any monies to be distributed pursuant to clauses 52 one, three and four of subparagraph (ii) of paragraph (a) of this subdi- 53 vision cannot, for any reason, be received or utilized, such monies 54 shall be distributed to the city of Niagara Falls for economic develop- 55 ment projects within such city. 56 § 2. This act shall take effect immediately.