NY State Senate Bill 2009-S1940

Senate Bill S1940

2009-2010 Legislative Session

Provides for a plan of expenditure for monies appropriated and received by the state on behalf of a gaming facility located in the city of Buffalo

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to finance
Feb 10, 2009	referred to finance

2009-S1940 (ACTIVE) - Details

See Assembly Version of this Bill:: A2229
Law Section:: State Finance Law
Laws Affected:: Amd §99-h, St Fin L
Versions Introduced in 2011-2012 Legislative Session:: A3318

2009-S1940 (ACTIVE) - Summary

Provides for a plan of expenditure for monies appropriated and received by the state on behalf of a gaming facility located in the city of Buffalo; provides for the repeal of such provisions on December 31, 2018.

2009-S1940 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1940

 TITLE OF BILL :

An act to amend the state finance law, in relation to the tribal-state
compact revenue account; and providing for the repeal of such
provisions upon the expiration thereof


 PURPOSE :

Provides for a plan of expenditure for monies appropriated and
received by the state on behalf of a gaming facility located in the
City of Buffalo.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 3 of section 99-h of the state finance
law, as amended by chapter 747 of the laws of 2006 to provide that
twenty five percent of the net drop from electronic gaming devices
from any gaming facility located in the City of Buffalo shall be
distributed in accordance with subdivision five of this section.

Section 2 amends subdivision 3 of section 99-h of the state finance
law, as amended by section 1 of part V of chapter 59 of the laws of
2006 to clarify that the municipal government entitled to receive the

minimum twenty five percent of the state share of the tribal-state
compact electronic gaming device revenues is to be the City of
Buffalo.

Section 3 amends section 99-h of the state finance law, as amended by
chapter 747 of the laws of 2006, by adding a new subdivision 5 by
specifying that the City of Buffalo will retain 96.5% of the total
annual amount received, and 3.5% will be allocated for the
development, preservation and expansion of cultural institutions or
the development and preservation of tourism resources.

 EXISTING LAW :

Current law does not specify the "host community" entitled to the
revenues provided for in the tribal-state compact.

 JUSTIFICATION :

According to the agreement between the Seneca Nation of the Indians
and the City of Buffalo, the city agreed to provide sewer, water and
emergency services to the proposed Buffalo Creek Casino. That
agreement acknowledged the intention of the Seneca Nation that the
city be designated as the sole host municipality, bolstering the fact
that the County of Erie was neither a party nor a signatory to the
agreement.

The county has also previously expressed its' opposition to such a
facility, repeatedly demonstrating such opposition to the construction
and operation of a casino on the Buffalo Creek Casino site by
participating in three separate lawsuits. The county's efforts in this
regard have led city government to spend approximately $400,000 to
fight these lawsuits, a fact which should preclude county government
from any effort to obtain revenues as a "host community" under
existing statute.

 LEGISLATIVE HISTORY :

New Bill- 2008. Referred to Finance.

 FISCAL IMPLICATIONS :
None to New York State.

 LOCAL FISCAL IMPLICATIONS :

Positive for the City of Buffalo

 EFFECTIVE DATE :
Immediately.

2009-S1940 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1940

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to  the  tribal-state
  compact  revenue  account;  and  providing  for  the  repeal  of  such
  provisions upon the expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 99-h of the state finance law, as
amended by chapter 747 of the laws  of  2006,  is  amended  to  read  as
follows:
  3.  Moneys of the account, following appropriation by the legislature,
shall be available for  purposes  including  but  not  limited  to:  (a)
reimbursements  or  payments  to  municipal governments that host tribal
casinos pursuant  to  a  tribal-state  compact  for  costs  incurred  in
connection with services provided to such casinos or arising as a result
thereof,  for  economic  development  opportunities  and  job  expansion
programs authorized by the executive law; provided,  however,  that  for
any gaming facility located in the CITY OF BUFFALO, county of Erie, [the
municipal  governments hosting the facility shall collectively receive a
minimum of twenty-five percent of the negotiated percentage of  the  net
drop  from  electronic gaming devices the state receives pursuant to the
compact] A MINIMUM OF TWENTY-FIVE PERCENT OF THE  NEGOTIATED  PERCENTAGE
OF THE NET DROP FROM ELECTRONIC GAMING DEVICES THE STATE RECEIVES PURSU-
ANT  TO THIS COMPACT SHALL BE DISTRIBUTED IN ACCORDANCE WITH SUBDIVISION
FIVE OF THIS SECTION, and provided further that for any gaming  facility
located  in  the  city  of Niagara Falls, county of Niagara a minimum of
twenty-five percent of the negotiated percentage of the  net  drop  from
electronic  gaming  devices  the  state receives pursuant to the compact
shall be  distributed  in  accordance  with  subdivision  four  of  this
section,  and  provided  further that for any gaming facility located in
the county or counties  of  Cattaraugus,  Chautauqua  or  Allegany,  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04692-01-9

S. 1940                             2

municipal  governments  of  the state hosting the facility shall collec-
tively receive a  minimum  of  twenty-five  percent  of  the  negotiated
percentage  of  the  net  drop  from electronic gaming devices the state
receives  pursuant to the compact; and provided further that pursuant to
chapter five hundred ninety of the laws of two thousand four, a  minimum
of twenty-five percent of the revenues received by the state pursuant to
the state's compact with the St. Regis Mohawk tribe shall be made avail-
able to the counties of Franklin and St. Lawrence, and affected towns in
such  counties.  Each  such  county and its affected towns shall receive
fifty percent of the moneys made available by the state; and (b) support
and services of treatment programs for persons suffering  from  gambling
addictions.    Moneys not appropriated for such purposes shall be trans-
ferred to the general fund for the  support  of  government  during  the
fiscal year in which they are received.
  S  2.  Subdivision  3  of  section  99-h  of the state finance law, as
amended by section 1 of part V of chapter 59 of the  laws  of  2006,  is
amended to read as follows:
  3.  Moneys of the account, following appropriation by the legislature,
shall be available for  purposes  including  but  not  limited  to:  (a)
reimbursements  or  payments  to  municipal governments that host tribal
casinos pursuant  to  a  tribal-state  compact  for  costs  incurred  in
connection with services provided to such casinos or arising as a result
thereof,  for  economic  development  opportunities  and  job  expansion
programs authorized by the executive law; provided,  however,  that  for
any  gaming  facility  located  in  the county of [Erie or] Niagara, the
municipal governments hosting the facility shall collectively receive  a
minimum  of  twenty-five percent of the negotiated percentage of the net
drop from electronic gaming devices the state receives pursuant  to  the
compact;  PROVIDED  FURTHER  THAT FOR ANY GAMING FACILITY LOCATED IN THE
CITY OF BUFFALO, COUNTY OF ERIE, A MINIMUM OF TWENTY-FIVE PERCENT OF THE
NEGOTIATED PERCENTAGE OF THE NET DROP FROM ELECTRONIC GAMING DEVICES THE
STATE RECEIVES PURSUANT TO THIS COMPACT SHALL BE DISTRIBUTED IN  ACCORD-
ANCE  WITH  SUBDIVISION  FIVE OF THIS SECTION; and provided further that
for any gaming facility located in the county or counties  of  Cattarau-
gus,  Chautauqua  or  Allegany,  the  municipal governments of the state
hosting the facility shall collectively receive a minimum of twenty-five
percent of the negotiated percentage of the  net  drop  from  electronic
gaming  devices the state receives pursuant to the compact; and provided
further that pursuant to chapter five hundred ninety of the laws of  two
thousand four, a minimum of twenty-five percent of the revenues received
by  the  state pursuant to the state's compact with the St. Regis Mohawk
tribe shall be made available  to  the  counties  of  Franklin  and  St.
Lawrence,  and affected towns in such counties. Each such county and its
affected towns shall receive fifty percent of the moneys made  available
by  the  state;  and  (b) support and services of treatment programs for
persons suffering from gambling addictions. Moneys not appropriated  for
such  purposes  shall be transferred to the general fund for the support
of government during the fiscal year in which they are received.
  S 3. Section 99-h of the state finance law, as amended by chapter  747
of the laws of 2006, is amended by adding a new subdivision 5 to read as
follows:
  5.  (A)  MONIES  WHICH  ARE 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 IN RELATION TO THE OPERA-
TION OF A GAMING FACILITY IN THE CITY OF BUFFALO, COUNTY OF  ERIE  WHICH
SUBDIVISION   THREE  OF  THIS  SECTION  REQUIRES  TO  BE  A  MINIMUM  OF

S. 1940                             3

TWENTY-FIVE PERCENT, SHALL BE BUDGETED AND  DISBURSED  TO  THE  CITY  OF
BUFFALO.  THE  CITY  OF  BUFFALO  SHALL  RETAIN  NINETY-SIX AND ONE-HALF
PERCENT OF THE TOTAL ANNUAL AMOUNT RECEIVED AND SHALL  AWARD  THREE  AND
ONE-HALF  PERCENT  OF  THE  TOTAL ANNUAL AMOUNT RECEIVED TO AN ENTITY OR
ENTITIES TO SUPPORT  THE  DEVELOPMENT,  PRESERVATION  AND  EXPANSION  OF
CULTURAL  INSTITUTIONS  OR  THE  DEVELOPMENT AND PRESERVATION OF TOURISM
RESOURCES, INCLUDING MARKETING AND TOURISM PROMOTION IN  THE  COUNTY  OF
ERIE,  INCLUDING  IN  THE CITY OF BUFFALO. SUCH AWARD OR AWARDS SHALL BE
MADE WITHIN THIRTY-FIVE DAYS OF RECEIPT OF SUCH FUNDS.
  (B) ON OR BEFORE THE FIRST OF  APRIL,  EACH  ENTITY  RECEIVING  MONEYS
PURSUANT  TO  PARAGRAPH (A) OF THIS SUBDIVISION, SHALL ANNUALLY SUBMIT A
REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE  SENATE,  SPEAKER  OF
THE ASSEMBLY, THE ERIE COUNTY EXECUTIVE, CHAIR OF THE ERIE COUNTY LEGIS-
LATURE, MAYOR OF THE CITY OF BUFFALO AND PRESIDENT OF THE COMMON COUNCIL
OF THE CITY OF BUFFALO.  EACH SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF
ALL  MONEYS  RECEIVED  BY  SUCH ENTITY PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION AND THE EXPENDITURE OF ANY SUCH MONEYS.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FAIL-
URE  BY  THE  CITY OF BUFFALO TO DISBURSE FUNDS AS SUCH CITY IS REQUIRED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION WITHIN THIRTY-FIVE DAYS OF
THE ACTUAL RECEIPT OF THE FUNDS  OR  THE  SUBMISSION  OF  THE  SUBENTITY
EXPENDITURE  REPORT DUE BY APRIL FIRST OF EACH YEAR, WHICHEVER IS LATER,
SHALL RESULT IN AN ADDITIONAL PAYMENT BY THE CITY OF BUFFALO OF ONE-HALF
PERCENT PER WEEK NOT TO EXCEED EIGHTEEN PERCENT OF THE AMOUNT WHICH  WAS
TO  HAVE BEEN DISBURSED PURSUANT TO SUCH PARAGRAPH.  ANY SUCH ADDITIONAL
PAYMENT REQUIRED TO BE MADE BY THE CITY  SHALL  BE  DISBURSED  FROM  THE
CITY'S SHARE DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  (D)  IN  THE EVENT THAT ANY MONIES TO BE DISTRIBUTED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION CANNOT, FOR ANY  REASON,  BE  RECEIVED  OR
UTILIZED,  SUCH  MONIES  SHALL BE DISTRIBUTED TO THE CITY OF BUFFALO FOR
ECONOMIC DEVELOPMENT PROJECTS WITHIN SUCH CITY.
  S 4. This act shall take effect immediately, provided that:
  (a) the amendments to subdivision 3  of  section  99-h  of  the  state
finance  law  made  by  section  one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to  section  2  of
chapter  747  of  the  laws of 2006, as amended, when upon such date the
provisions of section two of this act shall take effect;
  (b) the amendments made by section two of this act shall expire Decem-
ber 31, 2018 and that if chapter 747 of the laws  of  2006  is  extended
beyond  such  date,  the amendments made by sections one and two of this
act shall expire and be deemed repealed December 31, 2018; and
  (c) section three of this act shall  expire  and  be  deemed  repealed
December 31, 2018.

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