S T A T E O F N E W Y O R K
________________________________________________________________________
4543
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. MORINELLO -- read once and referred to the
Committee on Racing and Wagering
AN ACT to amend the state finance law, in relation to the tribal-state
compact revenue account
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 chapter 174 of the laws of 2013, is amended and a new subdi-
vision 4 is added 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04291-01-5
A. 4543 2
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 available to the county of Onei-
da, 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 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.
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
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
A. 4543 3
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.
(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. This act shall take effect immediately.