N.Y. State Fin. Law § 99-h

* § 99-h. Tribal-state compact revenue account. 1. There is hereby\nestablished in the joint custody of the comptroller and the commissioner\nof taxation and finance an account in the miscellaneous special revenue\nfund to be known as the "tribal-state compact revenue account".\n 2. Such account shall consist of all revenues resulting from\ntribal-state compacts executed pursuant to article two of the executive\nlaw and a tribal-state compact with the St. Regis Mohawk tribe executed\npursuant to chapter five hundred ninety of the laws of two thousand\nfour.\n ** 3. Moneys of the account, following the segregation of\nappropriations enacted by the legislature, shall be available for\npurposes including but not limited to: (a) reimbursements or payments to\nmunicipal governments that host tribal casinos pursuant to a\ntribal-state compact for costs incurred in connection with services\nprovided to such casinos or arising as a result thereof, for economic\ndevelopment opportunities and job expansion programs authorized by the\nexecutive law; provided, however, that for any gaming facility located\nin the city of Buffalo, the city of Buffalo shall receive a minimum of\ntwenty-five percent of the negotiated percentage of the net drop from\nelectronic gaming devices the state receives pursuant to the compact,\nand provided further that for any gaming facility located in the city of\nNiagara Falls, county of Niagara a minimum of twenty-five percent of the\nnegotiated percentage of the net drop from electronic gaming devices the\nstate receives pursuant to the compact shall be distributed in\naccordance with subdivision four of this section, and provided further\nthat for any gaming facility located in the county or counties of\nCattaraugus, Chautauqua or Allegany, the municipal governments of the\nstate hosting the facility shall collectively receive a minimum of\ntwenty-five percent of the negotiated percentage of the net drop from\nelectronic gaming devices the state receives pursuant to the compact;\nand provided further that pursuant to chapter five hundred ninety of the\nlaws of two thousand four, a minimum of twenty-five percent of the\nrevenues received by the state pursuant to the state's compact with the\nSt. Regis Mohawk tribe shall be made available to the counties of\nFranklin and St. Lawrence, and affected towns in such counties. Each\nsuch county and its affected towns shall receive fifty percent of the\nmoneys made available by the state; and (b) support and services of\ntreatment programs for persons suffering from gambling addictions.\nMoneys not segregated for such purposes shall be transferred to the\ngeneral fund for the support of government during the fiscal year in\nwhich they are received.\n ** NB Effective until the same date as the agreement between the\nOneida Nation of New York and the state of New York entered into on the\nsixteenth day of May, 2013 takes effect\n ** 3. Moneys of the account, following the segregation of\nappropriations enacted by the legislature, shall be available for\npurposes including but not limited to: (a) reimbursements or payments to\nmunicipal governments that host tribal casinos pursuant to a\ntribal-state compact for costs incurred in connection with services\nprovided to such casinos or arising as a result thereof, for economic\ndevelopment opportunities and job expansion programs authorized by the\nexecutive law; provided, however, that for any gaming facility located\nin the city of Buffalo, the city of Buffalo shall receive a minimum of\ntwenty-five percent of the negotiated percentage of the net drop from\nelectronic gaming devices the state receives pursuant to the compact,\nand provided further that for any gaming facility located in the city of\nNiagara Falls, county of Niagara a minimum of twenty-five percent of the\nnegotiated percentage of the net drop from electronic gaming devices the\nstate receives pursuant to the compact shall be distributed in\naccordance with subdivision four of this section, and provided further\nthat for any gaming facility located in the county or counties of\nCattaraugus, Chautauqua or Allegany, the municipal governments of the\nstate hosting the facility shall collectively receive a minimum of\ntwenty-five percent of the negotiated percentage of the net drop from\nelectronic gaming devices the state receives pursuant to the compact;\nand provided further that pursuant to chapter five hundred ninety of the\nlaws of two thousand four, a minimum of twenty-five percent of the\nrevenues received by the state pursuant to the state's compact with the\nSt. Regis Mohawk tribe shall be made available to the counties of\nFranklin and St. Lawrence, and affected towns in such counties. Each\nsuch county and its affected towns shall receive fifty percent of the\nmoneys made available by the state; and provided further that the state\nshall annually make twenty-five percent of the negotiated percentage of\nthe net drop from all gaming devices the state actually receives\npursuant to the Oneida Settlement Agreement confirmed by section eleven\nof the executive law as available to the county of Oneida, and a sum of\nthree and one-half million dollars to the county of Madison.\nAdditionally, the state shall distribute for a period of nineteen and\none-quarter years, an additional annual sum of two and one-half million\ndollars to the county of Oneida. Additionally, the state shall\ndistribute the one-time eleven million dollar payment received by the\nstate pursuant to such agreement with the Oneida Nation of New York to\nthe county of Madison by wire transfer upon receipt of such payment by\nthe state; and (b) support and services of treatment programs for\npersons suffering from gambling addictions. Moneys not segregated for\nsuch purposes shall be transferred to the general fund for the support\nof government during the fiscal year in which they are received.\n ** NB Effective on the same date as the agreement between the Oneida\nNation of New York and the state of New York entered into on the\nsixteenth day of May, 2013 takes effect until December 31, 2016\n ** 3. Moneys of the account, following appropriation by the\nlegislature, shall be available for purposes including but not limited\nto: (a) reimbursements or payments to municipal governments that host\ntribal casinos pursuant to a tribal-state compact for costs incurred in\nconnection with services provided to such casinos or arising as a result\nthereof, for economic development opportunities and job expansion\nprograms authorized by the executive law; provided, however, that for\nany gaming facility located in the city of Buffalo, the city of Buffalo\nshall receive a minimum of twenty-five percent of the negotiated\npercentage of the net drop from electronic gaming devices the state\nreceives pursuant to the compact, and provided further that for any\ngaming facility located in the city of Niagara Falls, county of Niagara\na minimum of twenty-five percent of the negotiated percentage of the net\ndrop from electronic gaming devices the state receives pursuant to the\ncompact shall be distributed in accordance with subdivision four of this\nsection, and provided further that for any gaming facility located in\nthe county or counties of Cattaraugus, Chautauqua or Allegany, the\nmunicipal governments of the state hosting the facility shall\ncollectively receive a minimum of twenty-five percent of the negotiated\npercentage of the net drop from electronic gaming devices the state\nreceives pursuant to the compact; and provided further that pursuant to\nchapter five hundred ninety of the laws of two thousand four, a minimum\nof twenty-five percent of the revenues received by the state pursuant to\nthe state's compact with the St. Regis Mohawk tribe shall be made\navailable to the counties of Franklin and St. Lawrence, and affected\ntowns in such counties. Each such county and its affected towns shall\nreceive fifty percent of the moneys made available by the state; and\nprovided further that the state shall annually make twenty-five percent\nof the negotiated percentage of the net drop from all gaming devices the\nstate actually receives pursuant to the Oneida Settlement Agreement as\nconfirmed by section eleven of the executive law as available to the\ncounty of Oneida, and a sum of three and one-half million dollars to the\ncounty of Madison. Additionally, the state shall distribute for a period\nof nineteen and one-quarter years, an additional annual sum of two and\none-half million dollars to the county of Oneida. Additionally, the\nstate shall distribute the one-time eleven million dollar payment\nreceived by the state pursuant to such agreement with the Oneida Nation\nof New York to the county of Madison by wire transfer upon receipt of\nsuch payment by the state; and (b) support and services of treatment\nprograms for persons suffering from gambling addictions. Moneys not\nappropriated for such purposes shall be transferred to the general fund\nfor the support of government during the fiscal year in which they are\nreceived.\n ** NB Effective December 31, 2016 until December 31, 2016\n 3-a. Ten percent of any of the funds actually received by the state\npursuant to the tribal-state compacts and agreements described in\nsubdivision two of this section prior to the transfer of unsegregated\nmoneys to the general fund required by such subdivision, shall be\ndistributed to counties in each respective exclusivity zone provided\nthey do not otherwise receive a share of said revenues pursuant to this\nsection. Such distribution shall be made among such counties on a per\ncapita basis, excluding the population of any municipality that receives\na distribution pursuant to subdivision three of this section.\n 4. (a) Monies which are appropriated and received each year by the\nstate as a portion of the negotiated percentage of the net drop from\nelectronic gaming devices the state receives in relation to the\noperation of a gaming facility in the city of Niagara Falls, county of\nNiagara which subdivision three of this section requires to be a minimum\nof twenty-five percent, shall be budgeted and disbursed by the city of\nNiagara Falls in the following manner:\n (i) seventy-three and one-half percent of the total annual amount\nreceived shall be available for expenditure by the city of Niagara Falls\nfor such public purposes as are determined, by the city, to be necessary\nand desirable to accommodate and enhance economic development,\nneighborhood revitalization, public health and safety, and\ninfrastructure improvement in the city, shall be deposited into the\ntribal revenue account of the city and any and all interest and income\nderived from the deposit and investment of such monies shall be\ndeposited into the general operating fund of the city; provided however,\nthat any amount allocated to the Niagara Falls Underground Railroad\nHeritage Commission, to the extent that its share pursuant to the\nformula established in clause five of subparagraph (ii) of this\nparagraph exceeds one percent, such amounts shall be distributed from\nthe funds available to the city for its public purposes pursuant to this\nparagraph; and\n (ii) the remaining twenty-six and one-half percent of the total annual\namount received shall be allocated for the city of Niagara Falls to be\navailable for expenditure in the following manner:\n (1) within thirty-five days upon receipt of such funds by such city,\nfive and one-half percent of the total annual amount received in each\nyear, not to exceed seven hundred fifty thousand dollars annually, shall\nbe transferred to Niagara Falls memorial medical center to be used for\ncapital construction projects; and\n (2) within thirty-five days upon receipt of such funds by such city,\nfive and one-half percent of the total annual amount received in each\nyear, not to exceed seven hundred fifty thousand dollars annually, shall\nbe transferred to the Niagara Falls city school district for capital\nconstruction projects; and\n (3) within thirty-five days upon receipt of such funds by such city,\nseven percent in each year shall be transferred to the Niagara tourism\nand convention center corporation for marketing and tourism promotion in\nthe county of Niagara including the city of Niagara Falls; and\n (4) an amount equal to the lesser of one million dollars or seven\npercent of the total amount in each year shall be transferred to the\ncity of Niagara Falls and held in an escrow account maintained by the\ncity of Niagara Falls and, if additional funding has been secured by the\nNiagara frontier transportation authority to finance construction of a\nnew terminal at Niagara Falls, such amount held in escrow shall be\ntransferred to the Niagara frontier transportation authority for such\npurpose provided however that if such additional funding has not been\nsecured or construction of a new terminal has not commenced within two\nyears of the date which such monies were received by the city of Niagara\nFalls such amounts held in escrow by the city of Niagara Falls shall be\ndistributed pursuant to subparagraph (iii) of this paragraph; and\n (5) within thirty-five days upon receipt of such funds by such city,\none percent or three hundred fifty thousand dollars, whichever is\ngreater, of the total annual amount received in each year shall be\ntransferred to the Niagara Falls Underground Railroad Heritage\nCommission, established pursuant to article forty-three of the parks,\nrecreation and historic preservation law to be used for, but not limited\nto, development, capital improvements, acquisition of real property, and\nacquisition of personal property within the heritage area in the city of\nNiagara Falls as established pursuant to the commission; provided in the\nevent the distribution available pursuant to this clause exceeds one\npercent, it shall be distributed from the moneys available pursuant to\nsubparagraph (i) of this paragraph; and\n (iii) all other monies appropriated or received for distribution\npursuant to this subdivision after the transfer of money pursuant to\nthis subparagraph and subparagraphs (i) and (ii) of this paragraph in\neach year shall be allocated to the city of Niagara Falls for\ninfrastructure and road improvement projects.\n (b) On or before the first of April, each entity receiving moneys\npursuant to subparagraphs (i), (ii) and (iii) of paragraph (a) of this\nsubdivision, shall annually submit a report to the governor, temporary\npresident of the senate, speaker of the assembly, mayor of the city of\nNiagara Falls and leader of the city council of the city of Niagara\nFalls. Each such report shall include an accounting of all moneys\nreceived by such entity pursuant to paragraph (a) of this subdivision\nand the expenditure of any such moneys.\n (c) Notwithstanding any other provision of law to the contrary,\nfailure by the city of Niagara Falls to disburse funds as such city is\nrequired pursuant to clauses one, two, three and four of subparagraph\n(ii) of paragraph (a) of this subdivision within thirty-five days of the\nactual receipt of the funds or the submission of the subentity\nexpenditure report due by April first of each year, which ever is later,\nshall result in an additional payment by the city of Niagara Falls of\none-half percent per week not to exceed eighteen percent of the amount\nwhich was to have been disbursed pursuant to such clauses. Any such\nadditional payment required to be made by the city shall be disbursed\nfrom the city's seventy-five percent share described in subparagraph (i)\nof paragraph (a) of this subdivision.\n (d) In the event that any monies to be distributed pursuant to clauses\none, three and four of subparagraph (ii) of paragraph (a) of this\nsubdivision cannot, for any reason, be received or utilized, such monies\nshall be distributed to the city of Niagara Falls for economic\ndevelopment projects within such city.\n * NB Effective until December 31, 2016\n * § 99-h. Tribal-state compact revenue account. 1. There is hereby\nestablished in the joint custody of the comptroller and the commissioner\nof taxation and finance an account in the miscellaneous special revenue\nfund to be known as the "tribal-state compact revenue account".\n ** 2. Such account shall consist of all revenues resulting from\ntribal-state compacts executed pursuant to article two of the executive\nlaw and a tribal-state compact with the St. Regis Mohawk tribe executed\npursuant to chapter five hundred ninety of the laws of two thousand\nfour.\n ** NB Effective until the same date as the agreement between the\nOneida Nation of New York and the state of New York entered into on the\nsixteenth day of May, 2013 takes effect\n ** 2. Such account shall consist of all revenues resulting from\ntribal-state compacts executed pursuant to article two of the executive\nlaw, a tribal-state compact with the St. Regis Mohawk tribe executed\npursuant to chapter five hundred ninety of the laws of two thousand four\nand the Oneida Settlement Agreement referenced in section eleven of the\nexecutive law.\n ** NB Effective on the same date as the agreement between the Oneida\nNation of New York and the state of New York entered into on the\nsixteenth day of May, 2013 takes effect\n 3. Moneys of the account, following the segregation of appropriations\nenacted by the legislature, shall be available for purposes including\nbut not limited to: (a) reimbursements or payments to municipal\ngovernments that host tribal casinos pursuant to a tribal-state compact\nfor costs incurred in connection with services provided to such casinos\nor arising as a result thereof, for economic development opportunities\nand job expansion programs authorized by the executive law; provided,\nhowever, that for any gaming facility located in the county of Erie or\nNiagara, the municipal governments hosting the facility shall\ncollectively receive a minimum of twenty-five percent of the negotiated\npercentage of the net drop from electronic gaming devices the state\nreceives pursuant to the compact and provided further that for any\ngaming facility located in the county or counties of Cattaraugus,\nChautauqua or Allegany, the municipal governments of the state hosting\nthe facility shall collectively receive a minimum of twenty-five percent\nof the negotiated percentage of the net drop from electronic gaming\ndevices the state receives pursuant to the compact; and provided further\nthat pursuant to chapter five hundred ninety of the laws of two thousand\nfour, a minimum of twenty-five percent of the revenues received by the\nstate pursuant to the state's compact with the St. Regis Mohawk tribe\nshall be made available to the counties of Franklin and St. Lawrence,\nand affected towns in such counties. Each such county and its affected\ntowns shall receive fifty percent of the moneys made available by the\nstate; and provided further that the state shall annually make\ntwenty-five percent of the negotiated percentage of the net drop from\nall gaming devices the state actually receives pursuant to the Oneida\nSettlement Agreement confirmed by section eleven of the executive law\navailable to the county of Oneida, and a sum of three and one-half\nmillion dollars to the county of Madison. Additionally, the state shall\ndistribute, for a period of nineteen and one-quarter years, an\nadditional annual sum of two and one-half million dollars to the county\nof Oneida. Additionally, the state shall distribute the one-time eleven\nmillion dollar payment actually received by the state pursuant to the\nOneida Settlement Agreement to the county of Madison by wire transfer\nupon receipt of such payment by the state; and (b) support and services\nof treatment programs for persons suffering from gambling addictions.\nMoneys not segregated for such purposes shall be transferred to the\ngeneral fund for the support of government during the fiscal year in\nwhich they are received.\n 3-a. Ten percent of any of the funds actually received by the state\npursuant to the tribal-state compacts and agreements described in\nsubdivision two of this section prior to the transfer of unsegregated\nmoneys to the general fund required by such subdivision, shall be\ndistributed to counties in each respective exclusivity zone provided\nthey do not otherwise receive a share of said revenues pursuant to this\nsection. Such distribution shall be made among such counties on a per\ncapita basis, excluding the population of any municipality that receives\na distribution pursuant to subdivision three of this section.\n * NB Effective December 31, 2016\n * NB There are 2 § 99-h's\n