S T A T E O F N E W Y O R K
________________________________________________________________________
7411--A
2023-2024 Regular Sessions
I N S E N A T E
May 23, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the state finance law, in relation to the tribal-state
compact revenue account; to repeal certain provisions of such law
relating thereto and to amend chapter 747 of the laws of 2006, amend-
ing 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 4 of section 99-h of the state finance law, as
amended by section 2 of part QQ of chapter 59 of the laws of 2009 is
REPEALED and a new subdivision 4 is added to read as follows:
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 OPERA-
TION OF A GAMING FACILITY IN THE CITY OF NIAGARA FALLS, COUNTY OF
NIAGARA AS REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION, SHALL BE
BUDGETED AND DISBURSED BY THE CITY OF NIAGARA FALLS IN THE FOLLOWING
MANNER:
(I) EIGHTY PERCENT OF THE TOTAL ANNUAL AMOUNT RECEIVED SHALL BE AVAIL-
ABLE 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 REVITALI-
ZATION, 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 NOT-FOR-PROFIT
ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND RAILROAD INTERPRE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11229-07-3
S. 7411--A 2
TIVE CENTER CREATED TO CONTINUE THE NIAGARA FALLS UNDERGROUND RAILROAD
HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDERGROUND RAILROAD MUSEUM,
TO THE EXTENT THAT ITS SHARE PURSUANT TO THE FORMULA ESTABLISHED IN
CLAUSE FOUR 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 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 OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR NOT TO EXCEED
ONE MILLION 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) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
ONE PERCENT OR TWO HUNDRED THOUSAND DOLLARS, WHICHEVER IS GREATER, OF
THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR SHALL BE TRANSFERRED TO
THE NOT-FOR-PROFIT ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND
RAILROAD INTERPRETIVE CENTER CREATED TO CONTINUE THE NIAGARA FALLS
UNDERGROUND RAILROAD HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDER-
GROUND RAILROAD MUSEUM, 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
(5) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
FIFTY THOUSAND DOLLARS OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR SHALL
BE TRANSFERRED TO MOUNT SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; AND
(6) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
FIFTY THOUSAND DOLLARS OF THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR
SHALL BE TRANSFERRED TO THE NIAGARA FALLS HOUSING AUTHORITY ESTABLISHED
PURSUANT TO TITLE TWELVE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW
FOR UPGRADES TO THEIR FACILITIES; AND
(7) ALL OTHER MONIES APPROPRIATED OR RECEIVED FOR DISTRIBUTION PURSU-
ANT TO THIS SUBDIVISION AFTER THE TRANSFER OF MONEY PURSUANT TO THIS
SUBPARAGRAPH AND SUBPARAGRAPH (I) 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) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY PRESI-
DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE
SENATE, MINORITY LEADER OF THE ASSEMBLY, MAYOR OF THE CITY OF NIAGARA
FALLS AND LEADER OF THE CITY COUNCIL OF THE CITY OF NIAGARA FALLS. EACH
S. 7411--A 3
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, FAIL-
URE 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 EXPENDI-
TURE REPORT DUE BY APRIL FIRST OF EACH YEAR, WHICHEVER 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 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 SUBDI-
VISION CANNOT, FOR ANY REASON, BE RECEIVED OR UTILIZED, SUCH MONIES
SHALL BE DISTRIBUTED TO THE CITY OF NIAGARA FALLS FOR ECONOMIC DEVELOP-
MENT PROJECTS WITHIN SUCH CITY.
§ 2. 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 by adding a new
subdivision 4 to read as follows:
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 OPERA-
TION OF A GAMING FACILITY IN THE CITY OF NIAGARA FALLS, COUNTY OF
NIAGARA AS REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION, SHALL BE
BUDGETED AND DISBURSED BY THE CITY OF NIAGARA FALLS IN THE FOLLOWING
MANNER:
(I) EIGHTY PERCENT OF THE TOTAL ANNUAL AMOUNT RECEIVED SHALL BE AVAIL-
ABLE 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 REVITALI-
ZATION, 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 NOT-FOR-PROFIT
ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND RAILROAD INTERPRE-
TIVE CENTER CREATED TO CONTINUE THE NIAGARA FALLS UNDERGROUND RAILROAD
HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDERGROUND RAILROAD MUSEUM,
TO THE EXTENT THAT ITS SHARE PURSUANT TO THE FORMULA ESTABLISHED IN
CLAUSE FOUR 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 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
S. 7411--A 4
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 OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR NOT TO EXCEED
ONE MILLION 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) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
ONE PERCENT OR TWO HUNDRED THOUSAND DOLLARS, WHICHEVER IS GREATER, OF
THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR SHALL BE TRANSFERRED TO
THE NOT-FOR-PROFIT ORGANIZATION KNOWN AS THE NIAGARA FALLS UNDERGROUND
RAILROAD INTERPRETIVE CENTER CREATED TO CONTINUE THE NIAGARA FALLS
UNDERGROUND RAILROAD HERITAGE COMMISSION'S MISSION TO OPERATE AN UNDER-
GROUND RAILROAD MUSEUM, 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
(5) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
FIFTY THOUSAND DOLLARS OF THE TOTAL AMOUNT RECEIVED IN EACH YEAR SHALL
BE TRANSFERRED TO MOUNT SAINT MARY'S NEIGHBORHOOD HEALTH CENTER; AND
(6) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
FIFTY THOUSAND DOLLARS OF THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR
SHALL BE TRANSFERRED TO THE NIAGARA FALLS HOUSING AUTHORITY ESTABLISHED
PURSUANT TO TITLE TWELVE OF ARTICLE THIRTEEN OF THE PUBLIC HOUSING LAW
FOR UPGRADES TO THEIR FACILITIES; AND
(7) ALL OTHER MONIES APPROPRIATED OR RECEIVED FOR DISTRIBUTION PURSU-
ANT TO THIS SUBDIVISION AFTER THE TRANSFER OF MONEY PURSUANT TO THIS
SUBPARAGRAPH AND SUBPARAGRAPH (I) 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) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, SHALL ANNUALLY SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY PRESI-
DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE
SENATE, MINORITY LEADER 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, FAIL-
URE 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 EXPENDI-
TURE REPORT DUE BY APRIL FIRST OF EACH YEAR, WHICHEVER 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 SHARE DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
SUBDIVISION.
S. 7411--A 5
(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 SUBDI-
VISION CANNOT, FOR ANY REASON, BE RECEIVED OR UTILIZED, SUCH MONIES
SHALL BE DISTRIBUTED TO THE CITY OF NIAGARA FALLS FOR ECONOMIC DEVELOP-
MENT PROJECTS WITHIN SUCH CITY.
§ 3. Section 2 of chapter 747 of the laws of 2006, amending the state
finance law relating to the tribal-state compact revenue account, as
amended by section 1 of part R of chapter 57 of the laws of 2016, is
amended to read as follows:
§ 2. This act shall take effect immediately, and shall expire and be
deemed repealed December 31, [2023] 2030.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to section 99-h of the state finance law made by section
one of this act shall take effect January 1, 2024; and provided further
that the amendments to 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 pursuant to 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.
