S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7411--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the state finance law, in relation to the tribal-state
   compact revenue account; to repeal  certain  provisions  of  such  law
   relating  thereto and to amend chapter 747 of the laws of 2006, amend-
   ing the state finance law relating to the tribal-state compact revenue
   account, in relation to extending the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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 is
 REPEALED and a new subdivision 4 is added to read as follows:
   4. (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 NIAGARA FALLS, COUNTY OF
 NIAGARA AS REQUIRED UNDER SUBDIVISION THREE OF THIS  SECTION,  SHALL  BE
 BUDGETED  AND  DISBURSED  BY  THE CITY OF NIAGARA FALLS IN THE FOLLOWING
 MANNER:
   (I) EIGHTY PERCENT OF THE TOTAL ANNUAL AMOUNT RECEIVED SHALL BE AVAIL-
 ABLE 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  REVITALI-
 ZATION,  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 NOT-FOR-PROFIT
 ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND  RAILROAD  INTERPRE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11229-07-3
              

 S. 7411--A                          2
 
 TIVE  CENTER  CREATED TO CONTINUE THE NIAGARA FALLS UNDERGROUND RAILROAD
 HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDERGROUND RAILROAD MUSEUM,
 TO THE EXTENT THAT ITS SHARE PURSUANT  TO  THE  FORMULA  ESTABLISHED  IN
 CLAUSE  FOUR 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 PERCENT OF THE TOTAL ANNUAL AMOUNT 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  RECEIVED  IN  EACH
 YEAR, NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY, SHALL
 BE  TRANSFERRED  TO NIAGARA FALLS MEMORIAL 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 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 TOTAL AMOUNT RECEIVED IN EACH YEAR  NOT  TO  EXCEED
 ONE  MILLION  DOLLARS,  SHALL  BE TRANSFERRED TO THE NIAGARA TOURISM AND
 CONVENTION CENTER CORPORATION FOR MARKETING AND TOURISM PROMOTION IN THE
 COUNTY OF NIAGARA INCLUDING THE CITY OF NIAGARA FALLS; AND
   (4) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY  SUCH  CITY,
 ONE  PERCENT  OR  TWO HUNDRED THOUSAND DOLLARS, WHICHEVER IS GREATER, OF
 THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR SHALL  BE  TRANSFERRED  TO
 THE  NOT-FOR-PROFIT  ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND
 RAILROAD INTERPRETIVE CENTER  CREATED  TO  CONTINUE  THE  NIAGARA  FALLS
 UNDERGROUND  RAILROAD HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDER-
 GROUND RAILROAD MUSEUM, TO BE USED FOR, BUT NOT LIMITED TO, DEVELOPMENT,
 CAPITAL IMPROVEMENTS, ACQUISITION OF REAL PROPERTY, AND  ACQUISITION  OF
 PERSONAL  PROPERTY WITHIN THE HERITAGE AREA IN THE CITY OF NIAGARA FALLS
 AS ESTABLISHED PURSUANT 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 PARAGRAPH; AND
   (5)  WITHIN  THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
 FIFTY THOUSAND DOLLARS OF THE TOTAL AMOUNT RECEIVED IN EACH  YEAR  SHALL
 BE TRANSFERRED TO MOUNT SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; AND
   (6)  WITHIN  THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
 FIFTY THOUSAND DOLLARS OF THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH  YEAR
 SHALL  BE TRANSFERRED TO THE NIAGARA FALLS HOUSING AUTHORITY ESTABLISHED
 PURSUANT TO TITLE TWELVE OF ARTICLE THIRTEEN OF THE PUBLIC  HOUSING  LAW
 FOR UPGRADES TO THEIR FACILITIES; AND
   (7)  ALL OTHER MONIES APPROPRIATED OR RECEIVED FOR DISTRIBUTION PURSU-
 ANT TO THIS SUBDIVISION AFTER THE TRANSFER OF  MONEY  PURSUANT  TO  THIS
 SUBPARAGRAPH  AND  SUBPARAGRAPH (I) OF THIS PARAGRAPH IN EACH YEAR SHALL
 BE ALLOCATED TO THE CITY OF NIAGARA FALLS FOR  INFRASTRUCTURE  AND  ROAD
 IMPROVEMENT PROJECTS.
   (B)  ON  OR  BEFORE  THE  FIRST OF APRIL, EACH ENTITY RECEIVING MONEYS
 PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR,  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE,  SPEAKER  OF THE ASSEMBLY, MINORITY LEADER OF THE
 SENATE, MINORITY LEADER OF THE ASSEMBLY, MAYOR OF THE  CITY  OF  NIAGARA
 FALLS  AND LEADER OF THE CITY COUNCIL OF THE CITY OF NIAGARA FALLS. EACH
 S. 7411--A                          3

 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 NIAGARA FALLS TO  DISBURSE  FUNDS  AS  SUCH  CITY  IS
 REQUIRED  PURSUANT  TO  CLAUSES ONE, TWO, THREE AND FOUR OF SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION WITHIN THIRTY-FIVE DAYS OF THE
 ACTUAL RECEIPT OF THE FUNDS OR THE SUBMISSION OF THE SUBENTITY  EXPENDI-
 TURE  REPORT  DUE BY APRIL FIRST OF EACH YEAR, WHICHEVER 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  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) OF THIS SUBDI-
 VISION CANNOT, FOR ANY REASON, BE  RECEIVED  OR  UTILIZED,  SUCH  MONIES
 SHALL  BE DISTRIBUTED TO THE CITY OF NIAGARA FALLS FOR ECONOMIC DEVELOP-
 MENT PROJECTS WITHIN SUCH CITY.
   § 2. 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  by  adding  a  new
 subdivision 4 to read as follows:
   4.  (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  NIAGARA  FALLS,  COUNTY  OF
 NIAGARA  AS  REQUIRED  UNDER SUBDIVISION THREE OF THIS SECTION, SHALL BE
 BUDGETED AND DISBURSED BY THE CITY OF NIAGARA  FALLS  IN  THE  FOLLOWING
 MANNER:
   (I) EIGHTY PERCENT OF THE TOTAL ANNUAL AMOUNT RECEIVED SHALL BE AVAIL-
 ABLE  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 REVITALI-
 ZATION, 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  NOT-FOR-PROFIT
 ORGANIZATION  KNOWN  AS THE NIAGARA FALLS UNDERGROUND RAILROAD INTERPRE-
 TIVE CENTER CREATED TO CONTINUE THE NIAGARA FALLS  UNDERGROUND  RAILROAD
 HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDERGROUND RAILROAD MUSEUM,
 TO  THE  EXTENT  THAT  ITS  SHARE PURSUANT TO THE FORMULA ESTABLISHED IN
 CLAUSE FOUR 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 PERCENT OF THE TOTAL ANNUAL AMOUNT  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 RECEIVED IN EACH
 YEAR, NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY, SHALL
 BE TRANSFERRED TO NIAGARA FALLS MEMORIAL 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  RECEIVED  IN  EACH
 S. 7411--A                          4
 
 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 TOTAL AMOUNT RECEIVED IN EACH YEAR  NOT  TO  EXCEED
 ONE  MILLION  DOLLARS,  SHALL  BE TRANSFERRED TO THE NIAGARA TOURISM AND
 CONVENTION CENTER CORPORATION FOR MARKETING AND TOURISM PROMOTION IN THE
 COUNTY OF NIAGARA INCLUDING THE CITY OF NIAGARA FALLS; AND
   (4) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY  SUCH  CITY,
 ONE  PERCENT  OR  TWO HUNDRED THOUSAND DOLLARS, WHICHEVER IS GREATER, OF
 THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR SHALL  BE  TRANSFERRED  TO
 THE  NOT-FOR-PROFIT  ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND
 RAILROAD INTERPRETIVE CENTER  CREATED  TO  CONTINUE  THE  NIAGARA  FALLS
 UNDERGROUND  RAILROAD HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDER-
 GROUND RAILROAD MUSEUM, TO BE USED FOR, BUT NOT LIMITED TO, DEVELOPMENT,
 CAPITAL IMPROVEMENTS, ACQUISITION OF REAL PROPERTY, AND  ACQUISITION  OF
 PERSONAL  PROPERTY WITHIN THE HERITAGE AREA IN THE CITY OF NIAGARA FALLS
 AS ESTABLISHED PURSUANT 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 PARAGRAPH; AND
   (5)  WITHIN  THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
 FIFTY THOUSAND DOLLARS OF THE TOTAL AMOUNT RECEIVED IN EACH  YEAR  SHALL
 BE TRANSFERRED TO MOUNT SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; AND
   (6)  WITHIN  THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
 FIFTY THOUSAND DOLLARS OF THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH  YEAR
 SHALL  BE TRANSFERRED TO THE NIAGARA FALLS HOUSING AUTHORITY ESTABLISHED
 PURSUANT TO TITLE TWELVE OF ARTICLE THIRTEEN OF THE PUBLIC  HOUSING  LAW
 FOR UPGRADES TO THEIR FACILITIES; AND
   (7)  ALL OTHER MONIES APPROPRIATED OR RECEIVED FOR DISTRIBUTION PURSU-
 ANT TO THIS SUBDIVISION AFTER THE TRANSFER OF  MONEY  PURSUANT  TO  THIS
 SUBPARAGRAPH  AND  SUBPARAGRAPH (I) OF THIS PARAGRAPH IN EACH YEAR SHALL
 BE ALLOCATED TO THE CITY OF NIAGARA FALLS FOR  INFRASTRUCTURE  AND  ROAD
 IMPROVEMENT PROJECTS.
   (B)  ON  OR  BEFORE  THE  FIRST OF APRIL, EACH ENTITY RECEIVING MONEYS
 PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR,  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE,  SPEAKER  OF THE ASSEMBLY, MINORITY LEADER OF THE
 SENATE, MINORITY LEADER 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 (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 NIAGARA FALLS TO  DISBURSE  FUNDS  AS  SUCH  CITY  IS
 REQUIRED  PURSUANT  TO  CLAUSES ONE, TWO, THREE AND FOUR OF SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION WITHIN THIRTY-FIVE DAYS OF THE
 ACTUAL RECEIPT OF THE FUNDS OR THE SUBMISSION OF THE SUBENTITY  EXPENDI-
 TURE  REPORT  DUE BY APRIL FIRST OF EACH YEAR, WHICHEVER 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  SHARE  DESCRIBED  IN  SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF THIS
 SUBDIVISION.
 S. 7411--A                          5
 
   (D) IN THE EVENT THAT ANY MONIES TO BE DISTRIBUTED PURSUANT TO CLAUSES
 ONE, THREE AND FOUR OF SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDI-
 VISION CANNOT, FOR ANY REASON, BE  RECEIVED  OR  UTILIZED,  SUCH  MONIES
 SHALL  BE DISTRIBUTED TO THE CITY OF NIAGARA FALLS FOR ECONOMIC DEVELOP-
 MENT PROJECTS WITHIN SUCH CITY.
   §  3. Section 2 of chapter 747 of the laws of 2006, amending the state
 finance law relating to the tribal-state  compact  revenue  account,  as
 amended  by  section  1  of part R of chapter 57 of the laws of 2016, is
 amended to read as follows:
   § 2. This act shall take effect immediately, and shall expire  and  be
 deemed repealed December 31, [2023] 2030.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 99-h of the state finance law made by  section
 one  of this act shall take effect January 1, 2024; and provided further
 that the amendments to 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 chapter 747 of the laws of
 2006, as amended, when upon such date the provisions of section  two  of
 this act shall take effect.