2015 New York Laws
STF - State Finance
Article 6 - (State Finance) 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.
** NB Effective  until December 31, 2016
** 3.  Moneys  of  the  account,  following   appropriation   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  as
  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
  appropriated  for such purposes shall be transferred to the general fund
  for the support of government during the fiscal year in which  they  are
  received.
** NB Effective December 31, 2016 until December 31, 2016
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 Niagara Falls Underground Railroad
  Heritage Commission, 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  three  hundred  fifty  thousand  dollars,  whichever  is
  greater,  of  the  total  annual  amount  received in each year shall be
  transferred  to  the  Niagara  Falls   Underground   Railroad   Heritage
  Commission,  established  pursuant  to article forty-three of the parks,
  recreation and historic preservation law 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
(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, 2016
*  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, 2016
* NB There are 2  99-h's