S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9284--A

                          I N  A S S E M B L Y

                             January 1, 2012
                               ___________

Introduced  by M. of A. GIGLIO, CERETTO -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the executive law and the state finance law, in relation
  to authorizing municipal governments hosting tribal casinos to receive
  payments directly from Native American nations or tribes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 12 of the executive law is amended  by  adding  two
new subdivisions (d) and (e) to read as follows:
  (D)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MUNICIPAL GOVERN-
MENT THAT HOSTS GAMING AND RELATED FACILITIES OF THE NATION MAY  RECEIVE
PAYMENTS  DIRECTLY  FROM  THE  NATION  PURSUANT  TO SUBDIVISION TWO-A OF
SECTION NINETY-NINE-H OF THE STATE FINANCE  LAW,  AS  ADDED  BY  CHAPTER
THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE. ANY PAYMENTS
MADE  BY  THE  NATION  DIRECTLY  TO  ANY MUNICIPAL GOVERNMENT THAT HOSTS
GAMING AND RELATED FACILITIES PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
DEEMED  TO  HAVE  BEEN  MADE  IN  SATISFACTION  OF THE COMPACT, AND SUCH
PAYMENTS SHALL BE DEDUCTED FROM THE AMOUNTS THE STATE IS REQUIRED TO PAY
SUCH MUNICIPAL GOVERNMENT PURSUANT TO SUBDIVISION THREE OR FOUR OF  SUCH
SECTION NINETY-NINE-H.
  (E) ANY MUNICIPAL GOVERNMENT RECEIVING PAYMENT PURSUANT TO SUBDIVISION
(D) OF THIS SECTION SHALL BE AUTHORIZED TO EXPEND SUCH FUNDS IN THE SAME
MANNER  AS  IF  SUCH PAYMENT HAD BEEN MADE BY THE STATE TO THE MUNICIPAL
GOVERNMENT  PURSUANT  TO  SUBDIVISIONS  THREE  AND   FOUR   OF   SECTION
NINETY-NINE-H OF THE STATE FINANCE LAW.
  S  2.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by chapter 747 of the laws of 2006, is amended and a new  subdi-
vision 2-a is added to read as follows:
  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,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02684-06-2

A. 9284--A                          2

ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL  GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS RECEIVED BY ANY MUNICIPAL  GOVERNMENT  THAT
HOSTS  A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION
OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
CLE 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, AND SUCH PAYMENTS SHALL BE DEDUCTED  FROM
THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OR FOUR THIS SECTION.
  S  3.  Subdivision  2  of  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 and a new subdivision 2-a is added to read as follows:
  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,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL  GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS DIRECTLY RECEIVED BY ANY MUNICIPAL  GOVERN-
MENT  THAT  HOSTS  A  TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN
SATISFACTION OF THE TRIBAL-STATE COMPACT 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,  AND SUCH PAYMENTS SHALL BE DEDUCTED FROM
THOSE PAYMENTS THE STATE IS REQUIRED TO MAKE TO THE MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S 4. This act shall take effect immediately; provided,  however,  that
the  amendments  to  subdivision  2 of section 99-h of the state finance
law, made by section two of this act, shall not  affect  the  expiration
and  reversion of such section and the provisions of section two of this
act shall expire and be deemed repealed therewith; when upon  such  date
section three of this act shall take effect.