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

                                  6795

                            I N  S E N A T E

                            February 23, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation  to  the  sharing  of
  revenue  from gaming devices located within the county of Niagara; and
  to amend chapter 747 of the laws of 2006 amending  the  state  finance
  law, relating to the tribal-state compact revenue account, in relation
  to extending the effectiveness thereof

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

  Section 1.  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] SEVENTY-FIVE percent of the negoti-
ated 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, 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

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

                                                           LBD13672-06-6

S. 6795                             2

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.
  S 2. 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]  SEVENTY-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, 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 as confirmed by section eleven of the executive law
as available to the county of Oneida, and a sum of  three  and  one-half

S. 6795                             3

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 3. 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-
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 FOR ANY GAMING FACILITY LOCATED IN
THE COUNTY OF NIAGARA THE  MUNICIPAL  GOVERNMENT  HOSTING  THE  FACILITY
SHALL  COLLECTIVELY  RECEIVE  A  MINIMUM  OF SEVENTY-FIVE PERCENT OF THE
NEGOTIATED PERCENTAGE OF THE NET DROP FOR 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  addi-
tional  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

S. 6795                             4

general fund for the support of government during  the  fiscal  year  in
which they are received.
  S  4.  Paragraph  (a)  of  subdivision  4 of section 99-h of the state
finance law, as amended by section 2 of part W of chapter 60 of the laws
of 2011, is amended to read as follows:
  (a) Monies which are appropriated and received each year by the  state
as a portion of the negotiated percentage of the net drop from electron-
ic  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] SEVENTY-FIVE percent, shall be budgeted and disbursed by the  city
of Niagara Falls in the following manner:
  (i)  [seventy-three]  FIFTY-EIGHT  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 devel-
opment,  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 deposit-
ed 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 estab-
lished 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] FORTY
PERCENT OF SUCH AMOUNT SHALL BE USED TO FUND DOWNTOWN ECONOMIC  DEVELOP-
MENT  AND  JOB  CREATION  TO  BE ALLOCATED BY THE DOWNTOWN NIAGARA FALLS
ECONOMIC DEVELOPMENT ADVISORY GROUP. THE ADVISORY GROUP SHALL BE MADE UP
OF NINE MEMBERS APPOINTED AS FOLLOWS:  ONE BY THE GOVERNOR, ONE  BY  THE
SENATE  MAJORITY  LEADER, ONE BY THE SPEAKER OF THE ASSEMBLY, ONE BY THE
SENECA NATION OF INDIANS, ONE BY THE MAYOR OF THE CITY OF NIAGARA FALLS,
ONE BY THE NIAGARA COUNTY LEGISLATURE, ONE BY THE NIAGARA  USA  CHAMBER,
ONE  BY  THE  NIAGARA  COUNTY  BUILDING  TRADES  COUNCIL, AND ONE BY THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY.  THE DOWNTOWN  NIAGARA  FALLS
ECONOMIC DEVELOPMENT ADVISORY GROUP SHALL ALLOCATE FUNDS FOR THE PURPOSE
OF  ASSISTING BUSINESSES LOCATED IN DOWNTOWN NIAGARA FALLS TO CREATE NEW
JOB OPPORTUNITIES AND TO INCENTIVIZE NEW  BUSINESSES  TO  LOCATE  WITHIN
DOWNTOWN  NIAGARA  FALLS. FUNDS MAY BE USED FOR, BUT NOT LIMITED TO, THE
REHABILITATION OF BUILDINGS, INSTALLATION OF SIGNAGE, TRAINING OF EXIST-
ING OR NEW EMPLOYEES  IN  TECHNIQUES  RELATED  TO  THEIR  INDUSTRY,  AND
INSTALLATION  OF  APPROPRIATE INDUSTRY RELATED MACHINERY. NO FUNDS SHALL
BE ALLOCATED FOR GENERAL OBLIGATIONS AND RESPONSIBILITIES  TRADITIONALLY
PROVIDED BY THE CITY OF NIAGARA FALLS; and
  (ii)  the remaining [twenty-six] FORTY-ONE 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]  TWO  MILLION TWO hundred fifty thousand
dollars annually AND NOT LESS THAN THE AMOUNT RECEIVED BY SUCH ENTITY IN
FISCAL YEAR TWO THOUSAND FOURTEEN, 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

S. 6795                             5

year,  not  to  exceed  [seven]  TWO  MILLION TWO hundred fifty thousand
dollars annually AND NOT LESS THAN THE AMOUNT RECEIVED BY SUCH ENTITY IN
FISCAL YEAR TWO THOUSAND FOURTEEN, 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 OF THE TOTAL AMOUNT RECEIVED in each year  NOT  TO  EXCEED
TWO  MILLION  TWO HUNDRED FIFTY THOUSAND DOLLARS 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 great-
er,  of  the  total  annual amount received in each year shall be trans-
ferred 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, develop-
ment, capital improvements, acquisition of real property,  and  acquisi-
tion  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] WITHIN THIRTY-FIVE DAYS UPON RECEIPT
OF SUCH FUNDS BY SUCH CITY,  ONE  AND  ONE-HALF  PERCENT  OF  THE  TOTAL
AMOUNTS  RECEIVED  IN  EACH  YEAR, NOT TO EXCEED TWO MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS SHALL BE TRANSFERRED TO THE NIAGARA FALLS HOUSING
AUTHORITY; AND
  (6) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY  SUCH  CITY,
SEVEN  PERCENT  OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO EXCEED
TWO MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS SHALL BE  TRANSFERRED  TO
THE NIAGARA FALLS AQUARIUM; AND
  (7)  WITHIN  THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
SEVEN PERCENT OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT  TO  EXCEED
TWO  MILLION  TWO  HUNDRED FIFTY THOUSAND DOLLAR 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,
ONE  PERCENT  OF  THE TOTAL AMOUNT RECEIVED IN EACH YEAR, NOT TO BE LESS
THAN ONE HUNDRED FIFTY THOUSAND DOLLARS 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  infras-
tructure and road improvement projects.

S. 6795                             6

  S  5.  Section 2 of chapter 747 of the laws of 2006 amending the state
finance law, relating to the tribal-state compact  revenue  account,  is
amended to read as follows:
  S  2.  This act shall take effect immediately, and shall expire and be
deemed repealed December 31, [2016] 2026.
  S 6. This act shall take effect immediately, provided that:
  1. the amendments to subdivision  3  of  section  99-h  of  the  state
finance  law  made  by  section  one 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 two of this act shall take effect;
  2. the amendments to subdivision  3  of  section  99-h  of  the  state
finance  law  made  by  section  two 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 three of this act shall take effect; and
  3. the amendments to paragraph (a) of subdivision 4 of section 99-h of
the state finance law made by section four of this act shall be  subject
to  the expiration of such subdivision as provided in chapter 747 of the
laws of 2006, as amended and shall be deemed expired and repealed there-
with.