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

                                  9564

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced by M. of A. CERETTO, PEOPLES-STOKES -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the state finance law, in relation to allocations of the
  tribal-state  compact revenue account to the city of Niagara Falls; to
  amend chapter 747 of the laws of 2006, amending the state finance  law
  relating  to  the tribal-state compact revenue account, in relation to
  the effectiveness thereof; and to amend chapter  60  of  the  laws  of
  2011,  amending  the  state finance law relating to disbursements from
  the tribal-state compact revenue account to certain municipalities, in
  relation to the effectiveness 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 7 of chapter 174 of the laws of 2013, is  amended  to
read as follows:
  3.  Moneys of the account, following the segregation of appropriations
enacted by the legislature, shall be available  for  purposes  including
but  not limited to: (a) reimbursements or payments to municipal govern-
ments 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, howev-
er,  that  for  any  gaming facility located in the city of Buffalo, the
city of Buffalo shall 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 for
any gaming facility located in the city  of  Niagara  Falls,  county  of
Niagara  a  minimum of [twenty-five] SEVENTY-FIVE percent of the negoti-
ated 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

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

                                                           LBD14355-07-6

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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 provided further that the state shall annually  make  twenty-
five  percent  of  the  negotiated  percentage  of the net drop from all
gaming devices the  state  actually  receives  pursuant  to  the  Oneida
Settlement Agreement confirmed by section eleven of the executive law as
available  to  the  county  of  Oneida,  and a sum of three and one-half
million dollars to the county of Madison. Additionally, the state  shall
distribute for a period of nineteen and one-quarter years, an additional
annual  sum of two and one-half million dollars to the county of Oneida.
Additionally, the state shall distribute  the  one-time  eleven  million
dollar payment received by the state pursuant to such agreement with the
Oneida Nation of New York to the county of Madison by wire transfer upon
receipt  of  such  payment by the state; and (b) support and services of
treatment programs  for  persons  suffering  from  gambling  addictions.
Moneys  not  segregated  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 7-a of chapter 174 of the laws of 2013, 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  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 for any
gaming facility located in the city of Niagara Falls, county of  Niagara
a  minimum  of  [twenty-five]  SEVENTY-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
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 provided further that the state shall annually  make  twenty-
five  percent  of  the  negotiated  percentage  of the net drop from all

A. 9564                             3

gaming devices the  state  actually  receives  pursuant  to  the  Oneida
Settlement Agreement as confirmed by section eleven of the executive law
as  available  to  the county of Oneida, and a sum of three and one-half
million  dollars to the county of Madison. Additionally, the state shall
distribute for a period of nineteen and one-quarter years, an additional
annual sum of two and one-half million dollars to the county of  Oneida.
Additionally,  the  state  shall  distribute the one-time eleven million
dollar payment received by the state pursuant to such agreement with the
Oneida Nation of New York to the county of Madison by wire transfer upon
receipt of such payment 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. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section 8 of chapter 174 of the laws of 2013, is amended to
read as follows:
  3. Moneys of the account, following the segregation of  appropriations
enacted  by  the  legislature, shall be available for purposes including
but not limited to: (a) reimbursements or payments to municipal  govern-
ments  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, howev-
er, that for any gaming facility located  in  the  county  of  Erie  [or
Niagara],  the  municipal  [governments] GOVERNMENT 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 COUNTY OF NIAGARA, THE MUNICIPAL  GOVERN-
MENT  HOSTING  THE  FACILITY  SHALL  RECEIVE  A  MINIMUM OF SEVENTY-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 for any gaming facility located in the county  or  counties
of Cattaraugus, Chautauqua or Allegany, the municipal governments of the
state hosting the facility shall collectively receive a minimum of twen-
ty-five  percent of the negotiated percentage of the net drop from elec-
tronic 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 Frank-
lin 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 provided further that the  state  shall
annually  make  twenty-five  percent of the negotiated percentage of the
net drop from all gaming devices the state actually receives pursuant to
the Oneida Settlement Agreement confirmed by section eleven of the exec-
utive law available to the county of Oneida, and  a  sum  of  three  and
one-half  million  dollars  to  the county of Madison. Additionally, the
state shall distribute, for a period of nineteen and one-quarter  years,
an  additional  annual  sum  of  two and one-half million dollars to the
county of Oneida. Additionally, the state shall distribute the  one-time
eleven million dollar payment actually received by the state pursuant to
the  Oneida Settlement Agreement to the county of Madison by wire trans-
fer upon receipt of such payment by  the  state;  and  (b)  support  and

A. 9564                             4

services  of  treatment  programs  for  persons  suffering from gambling
addictions.  Moneys not segregated 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  4.  Subdivision  4  of  section  99-h  of the state finance law, as
amended by section 2 of part QQ of chapter 59 of the laws of 2009, para-
graph (a) as amended by section 2 of part W of chapter 60 of the laws of
2011, is amended to read as follows:
  4. (a) [Monies] THE FIRST TWENTY-FIVE MILLION DOLLARS  OF  THE  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 operation of a gaming
facility in the city of Niagara Falls, county of Niagara which  subdivi-
sion  three  of  this  section requires to be a minimum of [twenty-five]
SEVENTY-FIVE percent, shall be budgeted and disbursed  by  the  city  of
Niagara Falls in the following manner:
  (i)  seventy-three  and  one-half percent of the [total annual amount]
FIRST TWENTY-FIVE  MILLION  DOLLARS  received  shall  be  available  for
expenditure by the city of Niagara Falls for such public purposes as are
determined,  by  the  city, to be necessary and desirable to accommodate
and enhance economic development,  neighborhood  revitalization,  public
health  and safety, and infrastructure improvement in the city, shall be
deposited into the tribal revenue account of the city and  any  and  all
interest  and  income  derived  from  the deposit and investment of such
monies shall be deposited into the general operating fund of  the  city;
[provided however, that any amount allocated to the Niagara Falls Under-
ground Railroad Heritage Commission, to the extent that its share pursu-
ant  to  the  formula established in clause five of subparagraph (ii) of
this paragraph exceeds one percent, such amounts  shall  be  distributed
from the funds available to the city for its public purposes pursuant to
this paragraph;] and
  (ii) the remaining twenty-six and one-half percent of the [total annu-
al amount] FIRST TWENTY-FIVE MILLION DOLLARS received shall be allocated
for  the  city  of  Niagara Falls to be available for expenditure in the
following manner:
  (1) within thirty-five days upon receipt of such funds by  such  city,
five and one-half percent of the [total annual amount] FIRST TWENTY-FIVE
MILLION DOLLARS received in each year, not to exceed seven hundred fifty
thousand dollars annually, shall be transferred to Niagara Falls memori-
al medical center to be used for capital construction projects; and
  (2)  within  thirty-five days upon receipt of such funds by such city,
five and one-half percent of the [total annual amount] FIRST TWENTY-FIVE
MILLION DOLLARS received in each year, not to exceed seven hundred fifty
thousand dollars annually, shall be transferred  to  the  Niagara  Falls
city school district for capital construction projects; and
  (3)  within  thirty-five days upon receipt of such funds by such city,
seven percent OF THE FIRST TWENTY-FIVE  MILLION  DOLLARS  in  each  year
shall be transferred to the Niagara tourism and convention center corpo-
ration  for  marketing  and  tourism  promotion in the county of Niagara
including the city of Niagara Falls; and
  (4) an amount equal to the lesser of  one  million  dollars  or  seven
percent  of the [total amount] FIRST TWENTY-FIVE MILLION DOLLARS in each
year shall be transferred to the city of Niagara Falls and  held  in  an
escrow  account  maintained  by  the city of Niagara Falls and, if addi-
tional funding has been secured by the Niagara  frontier  transportation
authority  to  finance  construction of a new terminal at Niagara Falls,

A. 9564                             5

such amount held in escrow shall be transferred to the Niagara  frontier
transportation  authority for such purpose provided however that if such
additional funding has not been secured or construction of a new  termi-
nal  has  not  commenced  within two years of the date which such monies
were received by the city of Niagara Falls such amounts held  in  escrow
by  the  city of Niagara Falls shall be distributed pursuant to subpara-
graph (iii) of this paragraph; and
  (5) within thirty-five days upon receipt of such funds by  such  city,
one  percent  or  [three  hundred  fifty]  TWO HUNDRED thousand dollars,
whichever is [greater] LESS, of the total annual amount received in each
year shall be transferred to the  [Niagara  Falls  Underground  Railroad
Heritage  Commission, established pursuant to article forty-three of the
parks, recreation and historic preservation law]  NOT-FOR-PROFIT  ORGAN-
IZATION,  KNOWN  AS  THE NIAGARA FALLS UNDERGROUND RAILROAD INTERPRETIVE
CENTER, CREATED TO  CONTINUE  THE  NIAGARA  FALLS  UNDERGROUND  RAILROAD
HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDERGROUND RAILROAD MUSEUM,
to  be  used for, but not limited to, development, capital improvements,
acquisition of real property, and acquisition of personal property with-
in the heritage area in the city of Niagara Falls [as established pursu-
ant to the commission; provided in the event the distribution  available
pursuant  to  this  clause  exceeds one percent, it shall be distributed
from the moneys available pursuant to subparagraph  (i)  of  this  para-
graph]; and
  (iii)  all  other  monies  appropriated  or  received for distribution
pursuant to this subdivision after the transfer  of  money  pursuant  to
this  subparagraph  and  subparagraphs (i) and (ii) of this paragraph in
each year shall be allocated to the city of Niagara  Falls  for  infras-
tructure  and road improvement projects.  A MINIMUM OF ONE HUNDRED FIFTY
THOUSAND DOLLARS OF SUCH  MONEY  SHALL  BE  ALLOCATED  ANNUALLY  TO  THE
NIAGARA FALLS HOUSING AUTHORITY FOR UPGRADES TO THEIR FACILITIES.
  (A-1)  ALL  MONIES  IN EXCESS OF TWENTY-FIVE MILLION DOLLARS 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 OPERATION OF A GAMING FACILITY IN THE
CITY OF NIAGARA FALLS, COUNTY OF NIAGARA,  WHICH  SUBDIVISION  THREE  OF
THIS  SECTION REQUIRES TO BE A MINIMUM OF SEVENTY-FIVE PERCENT, SHALL BE
BUDGETED AND DISBURSED IN THE FOLLOWING MANNER:
  (I) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY  SUCH  CITY,
TWENTY-FIVE  PERCENT  OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR SHALL BE
DEPOSITED INTO AN ECONOMIC DEVELOPMENT FUND ANNUALLY AND SHALL BE ADMIN-
ISTERED BY THE CITY OF NIAGARA FALLS  IN  CONJUNCTION  WITH  THE  EMPIRE
STATE  DEVELOPMENT  CORPORATION  AND USA NIAGARA DEVELOPMENT CORPORATION
FOR THE SOLE PURPOSE OF PROMOTING ECONOMIC OPPORTUNITY WITHIN  THE  CITY
OF NIAGARA FALLS; AND
  (II)  WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR  SHALL  BE
DEPOSITED  INTO  AN  INFRASTRUCTURE  FUND  ANNUALLY AND SHALL BE JOINTLY
ADMINISTERED BY THE CITY OF NIAGARA FALLS AND THE  NIAGARA  FALLS  WATER
BOARD  FOR  THE  PURPOSES  OF  REPLACING  AND REPAIRING WATER, SEWER AND
STORMWATER INFRASTRUCTURE; AND
  (III) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR  SHALL  BE
TRANSFERRED  TO THE NIAGARA FALLS COMMUNITY DEVELOPMENT DEPARTMENT ANNU-
ALLY AND SHALL BE USED FOR THE PURPOSE OF  NEIGHBORHOOD  REVITALIZATION,
COMMUNITY PROJECTS AND TO ENCOURAGE HOME OWNERSHIP; AND

A. 9564                             6

  (IV) THE REMAINING TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT RECEIVED IN
EACH  YEAR  SHALL  BE  USED  FOR ROAD AND SIDEWALK REPAIR IN THE CITY OF
NIAGARA FALLS.
  (b)  On  or  before  the  first of April, each entity receiving moneys
pursuant to subparagraphs (i), (ii) and (iii) of paragraph (a) OR  PARA-
GRAPH  (A-1)  of this subdivision, shall annually submit a report to the
governor, temporary president of the senate, speaker  of  the  assembly,
mayor of the city of Niagara Falls and leader of the city council of the
city  of  Niagara Falls. Each such report shall include an accounting of
all moneys received by such entity pursuant  to  [paragraph]  PARAGRAPHS
(a)  AND  (A-1)  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  Niagara  Falls to disburse funds as such city is
required pursuant to clauses one, two, three and  four  of  subparagraph
(ii)  of  paragraph  (a)  OR  PARAGRAPH (A-1) 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,  which
ever  is  later,  shall  result  in an additional payment by the city of
Niagara Falls of one-half  percent  per  week  not  to  exceed  eighteen
percent  of the amount which was to have been disbursed pursuant to such
clauses. Any such additional payment required to be  made  by  the  city
shall  be disbursed from the city's seventy-five percent share described
in subparagraph (i) of paragraph (a) of this subdivision.
  (d) In the event that any monies to be distributed pursuant to clauses
one, three and four of subparagraph (ii) of paragraph (a)  OR  PARAGRAPH
(A-1)  of  this  subdivision  cannot,  for  any  reason,  be received or
utilized, such monies shall be distributed to the city of Niagara  Falls
for economic development projects within such city.
  S  5. Section 2 of chapter 747 of the laws of 2006, amending the state
finance law relating to the tribal-state  compact  revenue  account,  is
amended to read as follows:
  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed December 31, [2016] 2023.
  S 6. Section 3 of part W of chapter 60 of the laws of  2011,  amending
the  state  finance  law relating to disbursements from the tribal-state
compact revenue account to certain municipalities, as amended by section
22 of part HH of chapter 57 of the laws of 2013, is amended to  read  as
follows:
  S 3. 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 expire and  be  deemed
repealed December 31, [2016] 2023; and
  (b)  the  amendments to paragraph (a) of subdivision 4 of section 99-h
of the state finance law made by section  two  of  this  act  shall  not
affect  the  expiration  of  such  section and shall be deemed to expire
therewith.
  S 7. This act shall take effect immediately; provided,  however,  that
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 3 of part W of chapter
60 of the laws of 2011, as amended, when upon such date  the  provisions
of  section  two  of this act shall take effect; provided, however, that
the amendments to subdivision 3 of section 99-h of the state finance law
made by section two of this act shall be subject to the  expiration  and
reversion  of  such  subdivision  pursuant to chapter 747 of the laws of

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2006, as amended, when upon such date the provisions of section three of
this act shall take effect; provided, further, that  the  amendments  to
section  99-h  of the state finance law made by sections one, two, three
and four of this act shall not affect the expiration of such section and
shall be deemed to expire therewith.