S T A T E   O F   N E W   Y O R K
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                                  3318

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M.  of A. PEOPLES-STOKES, GOTTFRIED, HOOPER -- read once
  and referred to the Committee on Ways and Means

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 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 section 1 of part QQ of chapter 59 of the laws  of  2009,  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, [the city of Buffalo
shall  receive]  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 [the] 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, coun-
ty 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, Chau-
tauqua 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04711-01-1
              

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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 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
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

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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 section pursuant to section 2 of chap-
ter 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,  2020  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, 2020; and
  (c)  section  three  of  this  act shall expire and be deemed repealed
December 31, 2020.