S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4797
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Racing and Wagering
 
 AN ACT to amend the state finance law, in relation  to  the  sharing  of
   revenue  from gaming devices located within the counties of Oneida and
   Madison
 
   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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09435-01-3
              

 A. 4797                             2
 
 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] THIRTY 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, THIRTY PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET
 DROP FROM ALL GAMING DEVICES LOCATED WITHIN THE  COUNTY  OF  ONEIDA  FOR
 WHICH  THE  STATE  ACTUALLY RECEIVES PAYMENT, 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 and a sum of three and one-half million dollars to the county of
 Madison. Additionally, the state shall distribute for a period of  nine-
 teen 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.
   § 2. 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  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] THIRTY 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
 A. 4797                             3
 
 available  to  the  county  of  Oneida, THIRTY PERCENT OF THE NEGOTIATED
 PERCENTAGE OF THE NET DROP FROM ALL GAMING DEVICES  LOCATED  WITHIN  THE
 COUNTY  OF ONEIDA FOR WHICH THE STATE ACTUALLY RECEIVES PAYMENT, 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  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 annu-
 al 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. This act shall take effect June 1, 2023 and shall  be  deemed  in
 full  force  and  effect on the date the state actually receives payment
 from gaming  devices  located  in  Oneida  county  and  Madison  county,
 provided  that  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 section as provided in section 2 of
 chapter  747  of  the  laws  of 2006, as amended when upon such date the
 provisions of section two of this act shall take effect.