Legislation
SECTION 99-H
Tribal-state compact revenue account
State Finance (STF) CHAPTER 56, ARTICLE 6
* § 99-h. Tribal-state compact revenue account. 1. There is hereby
established in the joint custody of the comptroller and the commissioner
of taxation and finance an account in the miscellaneous special revenue
fund to be known as the "tribal-state compact revenue account".
2. Such account shall consist of all revenues resulting from
tribal-state compacts executed pursuant to article two of the executive
law, a tribal-state compact with the St. Regis Mohawk tribe executed
pursuant to chapter five hundred ninety of the laws of two thousand four
and the Oneida Settlement Agreement referenced in section eleven of the
executive law.
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
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 county of Erie or
Niagara, the municipal governments 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 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
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.
3-a. Ten percent of any of the funds actually received by the state
pursuant to the tribal-state compacts and agreements described in
subdivision two of this section prior to the transfer of unsegregated
moneys to the general fund required by such subdivision, shall be
distributed to counties in each respective exclusivity zone provided
they do not otherwise receive a share of said revenues pursuant to this
section. Such distribution shall be made among such counties on a per
capita basis, excluding the population of any municipality that receives
a distribution pursuant to subdivision three of this section.
* NB There are 2 § 99-h's
established in the joint custody of the comptroller and the commissioner
of taxation and finance an account in the miscellaneous special revenue
fund to be known as the "tribal-state compact revenue account".
2. Such account shall consist of all revenues resulting from
tribal-state compacts executed pursuant to article two of the executive
law, a tribal-state compact with the St. Regis Mohawk tribe executed
pursuant to chapter five hundred ninety of the laws of two thousand four
and the Oneida Settlement Agreement referenced in section eleven of the
executive law.
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
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 county of Erie or
Niagara, the municipal governments 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 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
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.
3-a. Ten percent of any of the funds actually received by the state
pursuant to the tribal-state compacts and agreements described in
subdivision two of this section prior to the transfer of unsegregated
moneys to the general fund required by such subdivision, shall be
distributed to counties in each respective exclusivity zone provided
they do not otherwise receive a share of said revenues pursuant to this
section. Such distribution shall be made among such counties on a per
capita basis, excluding the population of any municipality that receives
a distribution pursuant to subdivision three of this section.
* NB There are 2 § 99-h's