S T A T E O F N E W Y O R K
________________________________________________________________________
4797
2023-2024 Regular Sessions
I N A S S E M B L Y
February 23, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Racing and Wagering
AN ACT to amend the state finance law, in relation to the sharing of
revenue from gaming devices located within the counties of Oneida and
Madison
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 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 Allega-
ny, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09435-01-3
A. 4797 2
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 provided
further that the state shall annually make [twenty-five] THIRTY 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, THIRTY PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET
DROP FROM ALL GAMING DEVICES LOCATED WITHIN THE COUNTY OF ONEIDA FOR
WHICH THE STATE ACTUALLY RECEIVES PAYMENT, TWENTY-FIVE PERCENT OF THE
NEGOTIATED PERCENTAGE OF THE NET DROP FROM ALL GAMING DEVICES LOCATED
WITHIN THE COUNTY OF MADISON FOR WHICH THE STATE ACTUALLY RECEIVES
PAYMENT and a sum of three and one-half million dollars to the county of
Madison. Additionally, the state shall distribute for a period of nine-
teen 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.
§ 2. 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 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 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] THIRTY 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
A. 4797 3
available to the county of Oneida, THIRTY PERCENT OF THE NEGOTIATED
PERCENTAGE OF THE NET DROP FROM ALL GAMING DEVICES LOCATED WITHIN THE
COUNTY OF ONEIDA FOR WHICH THE STATE ACTUALLY RECEIVES PAYMENT, TWENTY-
FIVE PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET DROP FROM ALL
GAMING DEVICES LOCATED WITHIN THE COUNTY OF MADISON FOR WHICH THE STATE
ACTUALLY RECEIVES PAYMENT and a sum of three and one-half million
dollars to the county of Madison. Additionally, the state shall distrib-
ute, for a period of nineteen and one-quarter years, an additional annu-
al 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 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.
§ 3. This act shall take effect June 1, 2023 and shall be deemed in
full force and effect on the date the state actually receives payment
from gaming devices located in Oneida county and Madison county,
provided 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 section as provided in 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.