NY State Fin L § 99-H (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 99-H - Tribal-State Compact Revenue Account.

* §  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