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SECTION 99-H
Tribal-state compact revenue account
State Finance (STF) CHAPTER 56, ARTICLE 6
* § 99-h. Tribal-state compact revenue account. 1. There is hereby
established in the joint custody of the comptroller and the commissioner
of taxation and finance an account in the miscellaneous special revenue
fund to be known as the "tribal-state compact revenue account".

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.

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
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 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
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 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.

3-a. Ten percent of any of the funds actually received by the state
pursuant to the tribal-state compacts and agreements described in
subdivision two of this section prior to the transfer of unsegregated
moneys to the general fund required by such subdivision, shall be
distributed to counties in each respective exclusivity zone provided
they do not otherwise receive a share of said revenues pursuant to this
section. Such distribution shall be made among such counties on a per
capita basis, excluding the population of any municipality that receives
a distribution pursuant to subdivision three of this section.

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
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 twenty-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
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 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 underground railroad museum, to the extent that
its share pursuant 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 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 in each year 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) an amount equal to the lesser of one million dollars or seven
percent of the total amount 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 additional funding has been secured by the
Niagara frontier transportation authority to finance construction of a
new terminal at Niagara Falls, 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 terminal 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 subparagraph (iii) of this paragraph; and

(5) 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
underground 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

(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) 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 the western New York state first response and
preparedness center; and

(8) 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

(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
infrastructure and road improvement projects.

(b) On or before the first of April, each entity receiving moneys
pursuant to subparagraphs (i), (ii) and (iii) of paragraph (a) 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 (a) of this subdivision
and the expenditure of any such moneys.

(c) Notwithstanding any other provision of law to the contrary,
failure 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
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) 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.

* NB Effective until December 31, 2023

* § 99-h. Tribal-state compact revenue account. 1. There is hereby
established in the joint custody of the comptroller and the commissioner
of taxation and finance an account in the miscellaneous special revenue
fund to be known as the "tribal-state compact revenue account".

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
executive law.

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
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 county of Erie or
Niagara, the municipal governments 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 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 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 gaming devices the state actually receives pursuant to the Oneida
Settlement Agreement confirmed by section eleven of the executive 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 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-a. Ten percent of any of the funds actually received by the state
pursuant to the tribal-state compacts and agreements described in
subdivision two of this section prior to the transfer of unsegregated
moneys to the general fund required by such subdivision, shall be
distributed to counties in each respective exclusivity zone provided
they do not otherwise receive a share of said revenues pursuant to this
section. Such distribution shall be made among such counties on a per
capita basis, excluding the population of any municipality that receives
a distribution pursuant to subdivision three of this section.

* NB Effective December 31, 2023

* NB There are 2 § 99-h's