Relates to monies 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.
STATE OF NEW YORK
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7411--B
Cal. No. 1119
2023-2024 Regular Sessions
IN SENATE
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 -- recommitted to the Committee on Finance in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first report, amended on first report, ordered
to a second report and ordered reprinted, retaining its place in the
order of second report
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:
1 Section 1. Section 99-h of the state finance law, as amended by
2 section 1 of part V of chapter 59 of the laws of 2006, is amended by
3 adding a new subdivision 4 to read as follows:
4 4. (a) Monies which are appropriated and received each year by the
5 state as a portion of the negotiated percentage of the net drop from
6 electronic gaming devices the state receives in relation to the opera-
7 tion of a gaming facility in the city of Niagara Falls, county of
8 Niagara as required under subdivision three of this section, shall be
9 budgeted and disbursed by the city of Niagara Falls in the following
10 manner:
11 (i) eighty percent of the total annual amount received shall be avail-
12 able for expenditure by the city of Niagara Falls for such public
13 purposes as are determined, by the city, to be necessary and desirable
14 to accommodate and enhance economic development, neighborhood revitali-
15 zation, public health and safety, and infrastructure improvement in the
16 city, shall be deposited into the tribal revenue account of the city and
17 any and all interest and income derived from the deposit and investment
18 of such monies shall be deposited into the general operating fund of the
19 city; provided however, that any amount allocated to the not-for-profit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11229-09-4
S. 7411--B 2
1 organization known as the Niagara Falls underground railroad interpre-
2 tive center created to continue the Niagara Falls Underground Railroad
3 Heritage Commission's mission to operate an underground railroad museum,
4 to the extent that its share pursuant to the formula established in
5 clause four of subparagraph (ii) of this paragraph exceeds one percent,
6 such amounts shall be distributed from the funds available to the city
7 for its public purposes pursuant to this paragraph; and
8 (ii) the remaining twenty percent of the total annual amount received
9 shall be allocated for the city of Niagara Falls to be available for
10 expenditure in the following manner:
11 (1) within thirty-five days upon receipt of such funds by such city,
12 five and one-half percent of the total annual amount received in each
13 year, not to exceed seven hundred fifty thousand dollars annually, shall
14 be transferred to Niagara Falls memorial medical center to be used for
15 capital construction projects; and
16 (2) within thirty-five days upon receipt of such funds by such city,
17 five and one-half percent of the total annual amount received in each
18 year, not to exceed seven hundred fifty thousand dollars annually, shall
19 be transferred to the Niagara Falls city school district for capital
20 construction projects; and
21 (3) within thirty-five days upon receipt of such funds by such city,
22 seven percent of the total amount received in each year not to exceed
23 one million dollars, shall be transferred to the Niagara tourism and
24 convention center corporation for marketing and tourism promotion in the
25 county of Niagara including the city of Niagara Falls; and
26 (4) within thirty-five days upon receipt of such funds by such city,
27 one percent or two hundred thousand dollars, whichever is greater, of
28 the total annual amount received in each year shall be transferred to
29 the not-for-profit organization known as the Niagara Falls underground
30 railroad interpretive center created to continue the Niagara Falls
31 Underground Railroad Heritage Commission's mission to operate an under-
32 ground railroad museum, to be used for, but not limited to, development,
33 capital improvements, acquisition of real property, and acquisition of
34 personal property within the heritage area in the city of Niagara Falls
35 as established pursuant to the commission; provided in the event the
36 distribution available pursuant to this clause exceeds one percent, it
37 shall be distributed from the moneys available pursuant to subparagraph
38 (i) of this paragraph; and
39 (5) within thirty-five days upon receipt of such funds by such city,
40 fifty thousand dollars of the total amount received in each year shall
41 be transferred to Mount Saint Mary's Neighborhood Health Center; and
42 (6) within thirty-five days upon receipt of such funds by such city,
43 fifty thousand dollars of the total annual amount received in each year
44 shall be transferred to the Niagara Falls housing authority established
45 pursuant to title twelve of article thirteen of the public housing law
46 for upgrades to their facilities; and
47 (7) all other monies appropriated or received for distribution pursu-
48 ant to this subdivision after the transfer of money pursuant to this
49 subparagraph and subparagraph (i) of this paragraph in each year shall
50 be allocated to the city of Niagara Falls for infrastructure and road
51 improvement projects.
52 (b) On or before the first of April, each entity receiving moneys
53 pursuant to subparagraphs (i) and (ii) of paragraph (a) of this subdivi-
54 sion, shall annually submit a report to the governor, temporary presi-
55 dent of the senate, speaker of the assembly, minority leader of the
56 senate, minority leader of the assembly, mayor of the city of Niagara
S. 7411--B 3
1 Falls and leader of the city council of the city of Niagara Falls. Each
2 such report shall include an accounting of all moneys received by such
3 entity pursuant to paragraph (a) of this subdivision and the expenditure
4 of any such moneys.
5 (c) Notwithstanding any other provision of law to the contrary, fail-
6 ure by the city of Niagara Falls to disburse funds as such city is
7 required pursuant to clauses one, two, three and four of subparagraph
8 (ii) of paragraph (a) of this subdivision within thirty-five days of the
9 actual receipt of the funds or the submission of the subentity expendi-
10 ture report due by April first of each year, whichever is later, shall
11 result in an additional payment by the city of Niagara Falls of one-half
12 percent per week not to exceed eighteen percent of the amount which was
13 to have been disbursed pursuant to such clauses. Any such additional
14 payment required to be made by the city shall be disbursed from the
15 city's share described in subparagraph (i) of paragraph (a) of this
16 subdivision.
17 (d) In the event that any monies to be distributed pursuant to clauses
18 one, three and four of subparagraph (ii) of paragraph (a) of this subdi-
19 vision cannot, for any reason, be received or utilized, such monies
20 shall be distributed to the city of Niagara Falls for economic develop-
21 ment projects within such city.
22 § 2. This act shall take effect immediately.
