S T A T E O F N E W Y O R K
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3618
2025-2026 Regular Sessions
I N S E N A T E
January 29, 2025
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the state finance law, in relation to the tribal-state
compact revenue account
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04291-02-5
S. 3618 2
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
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.
S. 3618 3
(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. This act shall take effect immediately.