S T A T E O F N E W Y O R K
________________________________________________________________________
5670
2015-2016 Regular Sessions
I N S E N A T E
May 26, 2015
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, the Indian law and the state finance
law, in relation to the sharing of revenue from gaming devices located
within the county of Madison
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 11 of the executive law, as added
by chapter 174 of the laws of 2013, is amended to read as follows:
[1.] Oneida settlement agreement. Notwithstanding any other provision
of law, upon filing with the secretary of state, the settlement agree-
ment executed between the governor, the counties of Oneida and Madison,
and the Oneida Nation of New York dated the sixteenth day of May, two
thousand thirteen, to be known as the Oneida Settlement Agreement,
including, without limitation, THE SUPPLEMENTAL AGREEMENT THERETO ENTI-
TLED "SUPPLEMENTAL AGREEMENT BETWEEN THE COUNTY OF MADISON AND THE STATE
OF NEW YORK" REGARDING THE SHARING OF REVENUE FROM GAMING DEVICES
LOCATED WITHIN MADISON COUNTY, the provisions contained therein relating
to arbitration and judicial review in state or federal courts and, for
the sole purpose thereof, a limited waiver of the state's Eleventh
Amendment sovereign immunity from suit, shall upon its effective date be
deemed approved, ratified, validated and confirmed by the legislature.
It is the intention of the legislature in enacting this section to
ensure that the settlement agreement shall be fully enforceable in all
respects as to the rights, benefits, responsibilities and privileges of
all parties thereto.
S 2. Section 16 of the Indian law, as added by chapter 174 of the laws
of 2013, is amended to read as follows:
S 16. Indian settlement agreements. Notwithstanding any other
provision of law, the provisions of the Oneida Settlement Agreement
referenced in section eleven of the executive law, TOGETHER WITH THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11339-02-5
S. 5670 2
SUPPLEMENTAL AGREEMENT THERETO ENTITLED "SUPPLEMENTAL AGREEMENT BETWEEN
THE COUNTY OF MADISON AND THE STATE OF NEW YORK" REGARDING THE SHARING
OF REVENUE FROM GAMING DEVICES LOCATED WITHIN MADISON COUNTY, shall be
deemed to supersede any inconsistent laws and regulations.
S 3. Subdivision 3 of section 99-h of the state finance law, as
amended by section 7 of chapter 174 of the laws of 2013, is amended to
read as follows:
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 govern-
ments 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, howev-
er, 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 Allega-
ny, 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 avail-
able 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, TWENTY-FIVE PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET DROP
FROM ALL GAMING DEVICES LOCATED WITHIN THE COUNTY OF MADISON FOR WHICH
THE STATE ACTUALLY RECEIVES PAYMENT PURSUANT TO THE ONEIDA SETTLEMENT
AGREEMENT CONFIRMED BY SECTION ELEVEN OF THE EXECUTIVE LAW AS AVAILABLE
TO THE COUNTY OF MADISON, and a sum of three and one-half million
dollars to the county of Madison. Additionally, the state shall distrib-
ute 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. Addi-
tionally, 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.
S. 5670 3
S 4. Subdivision 3 of section 99-h of the state finance law, as
amended by section 7-a of chapter 174 of the laws of 2013, is amended to
read as follows:
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 collec-
tively 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 avail-
able 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, TWENTY-FIVE PERCENT OF THE NEGOTIATED PERCENTAGE OF
THE NET DROP FROM ALL GAMING DEVICES LOCATED WITHIN THE COUNTY OF MADI-
SON FOR WHICH THE STATE ACTUALLY RECEIVES PAYMENT PURSUANT TO THE ONEIDA
SETTLEMENT AGREEMENT CONFIRMED BY SECTION ELEVEN OF THE EXECUTIVE LAW AS
AVAILABLE TO THE COUNTY OF MADISON, 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.
S 5. Subdivision 3 of section 99-h of the state finance law, as
amended by section 8 of chapter 174 of the laws of 2013, is amended to
read as follows:
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 govern-
S. 5670 4
ments 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, howev-
er, that for any gaming facility located in the county of Erie or
Niagara, the municipal governments hosting the facility shall collec-
tively 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, Chau-
tauqua 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, TWENTY-FIVE PERCENT OF THE NEGOTIATED
PERCENTAGE OF THE NET DROP FROM ALL GAMING DEVICES LOCATED WITHIN THE
COUNTY OF MADISON FOR WHICH THE STATE ACTUALLY RECEIVES PAYMENT PURSUANT
TO THE ONEIDA SETTLEMENT AGREEMENT CONFIRMED BY SECTION ELEVEN OF THE
EXECUTIVE LAW AS AVAILABLE TO THE COUNTY OF MADISON, 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 trans-
fer 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 trans-
ferred to the general fund for the support of government during the
fiscal year in which they are received.
S 6. This act shall take effect immediately, provided that:
1. sections two and three of this act shall take effect on the same
date as the agreement between the Oneida Nation of New York and the
state of New York entered into on the sixteenth day of May, 2013 takes
effect;
2. that the amendments to subdivision 3 of section 99-h of the state
finance law made by section three of this act shall be subject to the
expiration and reversion of such subdivision as provided in section 3 of
part W of chapter 60 of the laws of 2011, as amended when upon such date
the provisions of section four of this act shall take effect; and
3. that the amendments to subdivision 3 of section 99-h of the state
finance law made by section four of this act shall be subject to the
expiration and reversion of such section as provided in section 2 of
chapter 747 of the laws of 2006, as amended when upon such date the
provisions of section five of this act shall take effect.
