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 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 city of Buffalo,\nthe city of Buffalo shall receive a minimum of twenty-five percent of\nthe negotiated percentage of the net drop from electronic gaming devices\nthe state receives pursuant to the compact, and provided further that\nfor any gaming facility located in the city of Niagara Falls, county of\nNiagara a minimum of twenty-five percent of the negotiated percentage of\nthe net drop from electronic gaming devices the state receives pursuant\nto the compact shall be distributed in accordance with subdivision four\nof this section, and provided further that for any gaming facility\nlocated in the county or counties of Cattaraugus, Chautauqua or\nAllegany, the municipal governments of the state hosting the facility\nshall collectively receive 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; and provided further that\npursuant 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 as\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 additional\nannual sum of two and one-half million dollars to the county of Oneida.\nAdditionally, the state shall distribute the one-time eleven million\ndollar payment received by the state pursuant to such agreement with the\nOneida Nation of New York to the county of Madison by wire transfer upon\nreceipt of such payment 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 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 not-for-profit organization known as\nthe Niagara Falls underground railroad interpretive center created to\ncontinue the Niagara Falls Underground Railroad Heritage Commission's\nmission to operate an underground railroad museum, to the extent that\nits share pursuant to the formula established in clause five of\nsubparagraph (ii) of this paragraph exceeds one percent, such amounts\nshall be distributed from the funds available to the city for its public\npurposes pursuant to this paragraph; 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 two hundred thousand dollars, whichever is greater, of\nthe total annual amount received in each year shall be transferred to\nthe not-for-profit organization known as the Niagara Falls underground\nrailroad interpretive center created to continue the Niagara Falls\nUnderground Railroad Heritage Commission's mission to operate an\nunderground railroad museum, to be used for, but not limited to,\ndevelopment, 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 (6) within thirty-five days upon receipt of such funds by such city,\nfifty thousand dollars of the total annual amount received in each year\nshall be transferred to the Niagara Falls housing authority established\npursuant to title twelve of article thirteen of the public housing law\nfor upgrades to their facilities; and\n (7) within thirty-five days upon receipt of such funds by such city,\nfifty thousand dollars of the total amount received in each year shall\nbe transferred to the western New York state first response and\npreparedness center; and\n (8) within thirty-five days upon receipt of such funds by such city,\nfifty thousand dollars of the total amount received in each year shall\nbe transferred to Mount Saint Mary's Neighborhood Health Center; 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, 2023\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, 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 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, 2023\n * NB There are 2 § 99-h's\n