senate Bill S3083A

2013-2014 Legislative Session

Authorizes Native American nations and tribes to make payments to municipal governments hosting tribal casinos

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 print number 3083a
amend and recommit to finance
Jan 08, 2014 referred to finance
Jan 29, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3083 - Bill Details

See Assembly Version of this Bill:
A6020A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S866C, A6888, A9284A
2009-2010: S8502

S3083 - Bill Texts

view summary

Authorizes Native American nations and tribes to make payments to municipal governments hosting tribal casinos; such payments shall be in lieu of payments that the state is otherwise required to make to the municipal government.

view sponsor memo
BILL NUMBER:S3083

TITLE OF BILL: An act to amend the executive law and the state finance
law, in relation to authorizing municipal governments hosting tribal
casinos to receive payments directly from Native American nations or
tribes

PURPOSE: To authorize local governments that host Native American casi-
nos the option to receive payments directly from an Native American
nation or tribe, rather than receiving such monies through the State.

SUMMARY OF PROVISIONS:

Section 1 adds two new subdivision d and e to §12 of the Executive Law
to allow that any municipal government that hosts a tribal casino may
receive payments directly from a Native Americanization or tribe. It
further provides that any such payments made shall be deemed to have
been made in satisfaction of the tribal-state compact, and provides that
all such payments axe to be deducted from the amount the municipality
would otherwise receive under SFL § 99-h. The bill also provides that
any municipal government which receives payment pursuant to this section
shall utilize the funds received for purposes authorized under section
99-h of the state finance law, the same purposes which would apply had
the payment had been channeled through the state.

Section 2 amends subdivision 2 of State Finance Law § 99-h to authorize
the payments of casino monies under a tribal-state compact directly to a
host municipality.

Section 3 adds a new subdivision 2-a to State Finance Law § 99-h
requires any host community receiving funds pursuant to a tribal-state
compact directly from a Native American nation or tribe to inform the
State Comptroller of such payment within 7 days. It also makes it clear
that any such payments (1) satisfy the obligations of the Native Ameri-
can nation or tribe under the state-nation compact, and (2) that any
such payments made directly by a Native American nation or tribe to a
municipal government shall be deducted from the amounts the state would
otherwise be required to pay the municipality under SFL 99-h.

Section 4 provides for an immediate effective date.

JUSTIFICATION: The State of New York and the Seneca Nation of Indians
are currently in a dispute over the terms of the State-Nation gaming
compact. As a result, the Seneca Nation Tribal Council recently voted to
stop making payments to the state under the state-nation gaming compact,
claiming that the state has breached the agreement, which gives the
Seneca Nation exclusive rights to operate gaming facilities in Western
New York.

Unfortunately, the municipalities hosting the Seneca Nation's casinos
have become innocent victims of this dispute, since a portion of the

funds generated at those casinos ultimately go to the municipalities
that host them. Those funds are being denied to the host municipalities
while New York State and the Seneca Nation try to resolve their differ-
ences, meaning that the local governments are not receiving necessary
funds that they are otherwise entitled to and desperately need in these
difficult economic times.

This legislation represents a compromise to avoid economic harm to host
communities. It authorizes a Native American nation or tribe, such as
the Seneca Nation of Indians, to pay host municipalities directly while
they work with New York State to resolve their differences.

Where a Native American nation or tribe makes direct payments to a host
municipality, the bill requires the host municipality to notify the
State Comptroller in order to ensure that the nation or tribe receives
credit from the State for making such payments. It also provides that
any municipality receiving direct payments would have such amounts
deducted from the amounts they would otherwise be due from the State.

By altering state law to permit direct payments from a Native American
Casino to a host community, this legislation is intended to protect host
municipalities and the residents of these communities. Its enactment
into law will ensure that they do not suffer while the State and a
Native American nation or tribe resolve a dispute that the host munici-
pality is not a party to.

This compromise will protect the Western New York economy by ensuring
that payments due as a result of locally generated casino dollars are
not held up due to the inability of the state's leadership in Albany to
resolve their dispute over the terms of the gaming compact with the
Seneca Nation of Indians.

LEGISLATIVE HISTORY: 2011,2012: S.866C/A.9284A Referred to Finance
2010: S.8502 Referred to Rules

FISCAL IMPLICATIONS: None to the State. The monies that will go to
local governments that host Native American casinos if this bill becomes
law are monies that they are otherwise entitled to receive under current
state law.

EFFECTIVE DATE:; Takes effect immediately upon enactment into law.

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

                                  3083

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sens. YOUNG, GALLIVAN, GRISANTI, MAZIARZ, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Finance

AN ACT to amend the executive law and the state finance law, in relation
  to authorizing municipal governments hosting tribal casinos to receive
  payments directly from Native American nations or tribes

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

  Section 1. Section 12 of the executive law is amended  by  adding  two
new subdivisions (d) and (e) to read as follows:
  (D)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MUNICIPAL GOVERN-
MENT THAT HOSTS GAMING AND RELATED FACILITIES OF THE NATION MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  THE  NATION  PURSUANT  TO SUBDIVISION TWO-A OF
SECTION NINETY-NINE-H OF THE STATE FINANCE  LAW,  AS  ADDED  BY  CHAPTER
THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE. ANY PAYMENTS
MADE  BY  THE  NATION  DIRECTLY  TO  ANY MUNICIPAL GOVERNMENT THAT HOSTS
GAMING AND RELATED FACILITIES PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
DEEMED  TO  HAVE  BEEN  MADE  IN  SATISFACTION  OF THE COMPACT, AND SUCH
PAYMENTS SHALL BE DEDUCTED FROM THE AMOUNTS THE STATE IS REQUIRED TO PAY
SUCH MUNICIPAL GOVERNMENT PURSUANT TO SUBDIVISION THREE OR FOUR OF  SUCH
SECTION NINETY-NINE-H.
  (E) ANY MUNICIPAL GOVERNMENT RECEIVING PAYMENT PURSUANT TO SUBDIVISION
(D) OF THIS SECTION SHALL BE AUTHORIZED TO EXPEND SUCH FUNDS IN THE SAME
MANNER  AS  IF  SUCH PAYMENT HAD BEEN MADE BY THE STATE TO THE MUNICIPAL
GOVERNMENT  PURSUANT  TO  SUBDIVISIONS  THREE  AND   FOUR   OF   SECTION
NINETY-NINE-H OF THE STATE FINANCE LAW.
  S  2.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by chapter 747 of the laws of 2006, is amended and a new  subdi-
vision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06922-01-3

S. 3083                             2

a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT  TO  SUBDIVISION  TWO-A OF THIS SECTION, TO ANY MUNICIPAL GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A. A MUNICIPAL GOVERNMENT THAT HOSTS A  TRIBAL  CASINO  MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  A  NATIVE  AMERICAN NATION OR TRIBE; PROVIDED,
HOWEVER, THAT THE CHIEF  FISCAL  OFFICER  OF  THE  MUNICIPAL  GOVERNMENT
SHALL,  WITHIN  SEVEN  DAYS  OF THE RECEIPT OF SUCH PAYMENTS, NOTIFY THE
STATE COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH  MUNICI-
PAL  GOVERNMENT.  ALL PAYMENTS RECEIVED BY ANY MUNICIPAL GOVERNMENT THAT
HOSTS A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN  SATISFACTION
OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
CLE  TWO  OF  THE  EXECUTIVE LAW AND A TRIBAL-STATE COMPACT WITH THE ST.
REGIS MOHAWK TRIBE EXECUTED PURSUANT TO CHAPTER FIVE HUNDRED  NINETY  OF
THE  LAWS OF TWO THOUSAND FOUR, AND SUCH PAYMENTS SHALL BE DEDUCTED FROM
THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OR FOUR THIS SECTION.
  S 3. Subdivision 2 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 and a new subdivision 2-a is added to read as follows:
  2. Such account shall consist of all revenues resulting  from  tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to  chapter  five  hundred ninety of the laws of two thousand four, LESS
ANY PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE,  PURSU-
ANT  TO  SUBDIVISION  TWO-A OF THIS SECTION, TO ANY MUNICIPAL GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A. A MUNICIPAL GOVERNMENT THAT HOSTS A  TRIBAL  CASINO  MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  A  NATIVE  AMERICAN NATION OR TRIBE; PROVIDED,
HOWEVER, THAT THE CHIEF  FISCAL  OFFICER  OF  THE  MUNICIPAL  GOVERNMENT
SHALL,  WITHIN  SEVEN  DAYS  OF THE RECEIPT OF SUCH PAYMENTS, NOTIFY THE
STATE COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH  MUNICI-
PAL  GOVERNMENT. ALL PAYMENTS DIRECTLY RECEIVED BY ANY MUNICIPAL GOVERN-
MENT THAT HOSTS A TRIBAL CASINO SHALL BE DEEMED TO  HAVE  BEEN  MADE  IN
SATISFACTION  OF  THE  TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTICLE
TWO OF THE EXECUTIVE LAW AND A TRIBAL-STATE COMPACT WITH THE  ST.  REGIS
MOHAWK  TRIBE  EXECUTED  PURSUANT  TO CHAPTER FIVE HUNDRED NINETY OF THE
LAWS OF TWO THOUSAND FOUR, AND SUCH  PAYMENTS  SHALL  BE  DEDUCTED  FROM
THOSE PAYMENTS THE STATE IS REQUIRED TO MAKE TO THE MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 99-h  of  the  state  finance
law,  made  by  section two of this act, shall not affect the expiration
and reversion of such section and the provisions of section two of  this
act  shall  expire and be deemed repealed therewith; when upon such date
section three of this act shall take effect.

Co-Sponsors

S3083A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6020A
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §12, Exec L; amd §99-h, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S866C, A6888, A9284A
2009-2010: S8502

S3083A (ACTIVE) - Bill Texts

view summary

Authorizes Native American nations and tribes to make payments to municipal governments hosting tribal casinos; such payments shall be in lieu of payments that the state is otherwise required to make to the municipal government.

view sponsor memo
BILL NUMBER:S3083A

TITLE OF BILL: An act to amend the executive law and the state
finance law, in relation to authorizing municipal governments hosting
tribal casinos to receive payments directly from Native American
nations or tribes

PURPOSE:

To authorize local governments that host Native American casinos the
option to receive payments directly from an Native American nation or
tribe, rather than receiving such monies through the State.

SUMMARY OF PROVISIONS:

Section 1 adds two new subdivisions (d) and (e) to § 12 of the
Executive Law to allow for any municipal government who hosts a tribal
casino to receive payments directly from a Native American nation or
tribe. It further provides that any such payments made shall be deemed
to have been made in satisfaction of the tribal-state compact, and
provides that all such payments are to be deducted from the amount the
municipality would otherwise receive under State Finance Law (SFL)
99-h. The bill also provides that any municipal government which
receives payment pursuant to this section shall utilize the funds
received for purposes authorized under section 99-h of the state
finance law, the same purposes which would apply had the payment had
been channeled through the state.

Section 2 amends subdivision 2 of State Finance Law § 99-h to
authorize the payments of casino monies under a tribal-state compact
directly to a host municipality.

Sections 3 and 4 add a new subdivision 2-a to SFL § 99-h, which
requires any host community receiving funds pursuant to a tribal-state
compact directly from a Native American nation or tribe to inform the
State Comptroller of such payment within 7 days. It also makes it
clear that any such payments (1) satisfy the obligations of the Native
American nation or tribe under the state-nation compact, and (2) that
any such payments made directly by a Native American nation or tribe
to a municipal government shall be deducted from the amounts the state
would otherwise be required to pay the municipality under SFL § 99-h.

Section 4 provides for an effective date.

JUSTIFICATION:

The State of New York and the Seneca Nation of Indians are currently
in a dispute over the terms of the State-Nation gaming compact. As a
result, the Seneca Nation Tribal Council recently voted to stop making
payments to the state under the state-nation gaming compact, claiming
that the state has breached the agreement, which gives the Seneca
Nation exclusive rights to operate gaming facilities in Western New
York.

Unfortunately, the municipalities hosting the Seneca Nation's casinos
have become innocent victims of this dispute, since a portion of the
funds generated at those casinos ultimately go to the municipalities


that host them. Those funds are being denied to the host
municipalities while New York State and the Seneca Nation try to
resolve their differences, meaning that the local governments are not
receiving necessary funds that they are otherwise entitled to and
desperately need in these difficult economic times.

This legislation represents a compromise to avoid economic harm to
host communities. It authorizes a Native American nation or tribe,
such as the Seneca Nation of Indians, to pay host municipalities
directly while they work with New York State to resolve their
differences.

Where a Native American nation or tribe makes direct payments to a
host municipality, the bill requires the host municipality to notify
the State Comptroller in order to ensure that the nation or tribe
receives credit from the State for making such payments. It also
provides that any municipality receiving direct payments would have
such amounts deducted from the amounts they would otherwise be due
from the State.

By altering state law to permit direct payments from a Native American
Casino to a host community, this legislation is intended to protect
host municipalities and the residents of these communities. Its
enactment into law will ensure that they do not suffer while the State
and a Native American nation or tribe resolve a dispute that the host
municipality is not a party to.

This compromise will protect the Western New York economy by ensuring
that payments due as a result of locally generated casino dollars are
not held up due to the inability of the state's leadership in Albany
to resolve their dispute over the terms of the gaming compact with the
Seneca Nation of Indians.

LEGISLATIVE HISTORY:

2011,2012: S.866C/A.9284A Referred to Finance
2010: S.8502 Referred to Rules

FISCAL IMPLICATIONS:

None to the State. The monies that will go to local governments that
host Native American casinos if this bill becomes law are monies that
they are otherwise entitled to receive under current state law.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the same date as an
agreement between the Oneida Nation of New York and the state of New
York entered into on the sixteenth day of May, 2013 takes effect; and
provided, further, that the amendments to subdivision 2 of section
99-h of the state finance law, made by sections two and three of this
act, shall not affect the expiration and reversion of such section and
the provisions of section two or three of this act shall expire and be
deemed repealed therewith, when upon such date section four of this
act shall take effect.


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

                                 3083--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sens. YOUNG, GALLIVAN, GRISANTI, MAZIARZ, RANZENHOFER --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Finance -- recommitted to the Committee on Finance in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the executive law and the state finance law, in relation
  to authorizing municipal governments hosting tribal casinos to receive
  payments directly from Native American nations or tribes

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

  Section 1. Section 12 of the executive law is amended  by  adding  two
new subdivisions (d) and (e) to read as follows:
  (D)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MUNICIPAL GOVERN-
MENT THAT HOSTS GAMING AND RELATED FACILITIES OF THE NATION MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  THE  NATION  PURSUANT  TO SUBDIVISION TWO-A OF
SECTION NINETY-NINE-H OF THE STATE FINANCE  LAW,  AS  ADDED  BY  CHAPTER
THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE. ANY PAYMENTS
MADE  BY  THE  NATION  DIRECTLY  TO  ANY MUNICIPAL GOVERNMENT THAT HOSTS
GAMING AND RELATED FACILITIES PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
DEEMED  TO  HAVE  BEEN  MADE  IN  SATISFACTION  OF THE COMPACT, AND SUCH
PAYMENTS SHALL BE DEDUCTED FROM THE AMOUNTS THE STATE IS REQUIRED TO PAY
SUCH MUNICIPAL GOVERNMENT PURSUANT TO SUBDIVISION THREE OR FOUR OF  SUCH
SECTION NINETY-NINE-H.
  (E) ANY MUNICIPAL GOVERNMENT RECEIVING PAYMENT PURSUANT TO SUBDIVISION
(D) OF THIS SECTION SHALL BE AUTHORIZED TO EXPEND SUCH FUNDS IN THE SAME
MANNER  AS  IF  SUCH PAYMENT HAD BEEN MADE BY THE STATE TO THE MUNICIPAL
GOVERNMENT  PURSUANT  TO  SUBDIVISIONS  THREE  AND   FOUR   OF   SECTION
NINETY-NINE-H OF THE STATE FINANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06922-04-4

S. 3083--A                          2

  S  2.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by chapter 747 of the laws of 2006, is amended and a new  subdi-
vision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL  GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS RECEIVED BY ANY MUNICIPAL  GOVERNMENT  THAT
HOSTS  A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION
OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
CLE TWO OF THE EXECUTIVE LAW AND A TRIBAL-STATE  COMPACT  WITH  THE  ST.
REGIS  MOHAWK  TRIBE EXECUTED PURSUANT TO CHAPTER FIVE HUNDRED NINETY OF
THE LAWS OF TWO THOUSAND FOUR, AND SUCH PAYMENTS SHALL BE DEDUCTED  FROM
THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OR FOUR THIS SECTION.
  S  3.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by chapter 174 of the laws of 2013, is amended and a new  subdi-
vision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law,  a
tribal-state  compact  with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two thousand four and  the
Oneida  Settlement  Agreement referenced in section eleven of the execu-
tive law, LESS ANY PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR
TRIBE, PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL
GOVERNMENT THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS RECEIVED BY ANY MUNICIPAL  GOVERNMENT  THAT
HOSTS  A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION
OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
CLE TWO OF THE EXECUTIVE LAW AND A TRIBAL-STATE  COMPACT  WITH  THE  ST.
REGIS  MOHAWK  TRIBE EXECUTED PURSUANT TO CHAPTER FIVE HUNDRED NINETY OF
THE LAWS OF TWO THOUSAND FOUR, AND SUCH PAYMENTS SHALL BE DEDUCTED  FROM
THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OR FOUR OF THIS SECTION.
  S  4.  Subdivision  2  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 and a new subdivision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-

S. 3083--A                          3

ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL  GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS DIRECTLY RECEIVED BY ANY MUNICIPAL  GOVERN-
MENT  THAT  HOSTS  A  TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN
SATISFACTION OF THE TRIBAL-STATE COMPACT EXECUTED  PURSUANT  TO  ARTICLE
TWO  OF  THE EXECUTIVE LAW AND A TRIBAL-STATE COMPACT WITH THE ST. REGIS
MOHAWK TRIBE EXECUTED PURSUANT TO CHAPTER FIVE  HUNDRED  NINETY  OF  THE
LAWS  OF  TWO  THOUSAND  FOUR,  AND SUCH PAYMENTS SHALL BE DEDUCTED FROM
THOSE PAYMENTS THE STATE IS REQUIRED TO MAKE TO THE MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S 5. This act shall take effect immediately; provided,  however,  that
section  three  of  this  act  shall  take effect on the same date as an
agreement between the Oneida Nation of New York and  the  state  of  New
York  entered  into  on the sixteenth day of May, 2013 takes effect; and
provided, further, that the amendments to subdivision 2 of section  99-h
of  the  state  finance law, made by sections two and three of this act,
shall not affect the expiration and reversion of such  section  and  the
provisions  of  section  two  or  three  of this act shall expire and be
deemed repealed therewith; when upon such date section four of this  act
shall take effect.

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