STATE OF NEW YORK ________________________________________________________________________ 4797 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Racing and Wagering AN ACT to amend the state finance law, in relation to the sharing of revenue from gaming devices located within the counties of Oneida and Madison The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 99-h of the state finance law, as 2 amended by section 7 of chapter 174 of the laws of 2013, is amended to 3 read as follows: 4 3. Moneys of the account, following the segregation of appropriations 5 enacted by the legislature, shall be available for purposes including 6 but not limited to: (a) reimbursements or payments to municipal govern- 7 ments that host tribal casinos pursuant to a tribal-state compact for 8 costs incurred in connection with services provided to such casinos or 9 arising as a result thereof, for economic development opportunities and 10 job expansion programs authorized by the executive law; provided, howev- 11 er, that for any gaming facility located in the city of Buffalo, the 12 city of Buffalo shall receive a minimum of twenty-five percent of the 13 negotiated percentage of the net drop from electronic gaming devices the 14 state receives pursuant to the compact, and provided further that for 15 any gaming facility located in the city of Niagara Falls, county of 16 Niagara a minimum of twenty-five percent of the negotiated percentage of 17 the net drop from electronic gaming devices the state receives pursuant 18 to the compact shall be distributed in accordance with subdivision four 19 of this section, and provided further that for any gaming facility 20 located in the county or counties of Cattaraugus, Chautauqua or Allega- 21 ny, the municipal governments of the state hosting the facility shall 22 collectively receive a minimum of twenty-five percent of the negotiated 23 percentage of the net drop from electronic gaming devices the state 24 receives pursuant to the compact; and provided further that pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09435-01-3
A. 4797 2 1 chapter five hundred ninety of the laws of two thousand four, a minimum 2 of twenty-five percent of the revenues received by the state pursuant to 3 the state's compact with the St. Regis Mohawk tribe shall be made avail- 4 able to the counties of Franklin and St. Lawrence, and affected towns in 5 such counties. Each such county and its affected towns shall receive 6 fifty percent of the moneys made available by the state; and provided 7 further that the state shall annually make [twenty-five] thirty percent 8 of the negotiated percentage of the net drop from all gaming devices the 9 state actually receives pursuant to the Oneida Settlement Agreement 10 confirmed by section eleven of the executive law as available to the 11 county of Oneida, thirty percent of the negotiated percentage of the net 12 drop from all gaming devices located within the county of Oneida for 13 which the state actually receives payment, twenty-five percent of the 14 negotiated percentage of the net drop from all gaming devices located 15 within the county of Madison for which the state actually receives 16 payment and a sum of three and one-half million dollars to the county of 17 Madison. Additionally, the state shall distribute for a period of nine- 18 teen and one-quarter years, an additional annual sum of two and one-half 19 million dollars to the county of Oneida. Additionally, the state shall 20 distribute the one-time eleven million dollar payment received by the 21 state pursuant to such agreement with the Oneida Nation of New York to 22 the county of Madison by wire transfer upon receipt of such payment by 23 the state; and (b) support and services of treatment programs for 24 persons suffering from gambling addictions. Moneys not segregated for 25 such purposes shall be transferred to the general fund for the support 26 of government during the fiscal year in which they are received. 27 § 2. Subdivision 3 of section 99-h of the state finance law, as 28 amended by section 8 of chapter 174 of the laws of 2013, is amended to 29 read as follows: 30 3. Moneys of the account, following the segregation of appropriations 31 enacted by the legislature, shall be available for purposes including 32 but not limited to: (a) reimbursements or payments to municipal govern- 33 ments that host tribal casinos pursuant to a tribal-state compact for 34 costs incurred in connection with services provided to such casinos or 35 arising as a result thereof, for economic development opportunities and 36 job expansion programs authorized by the executive law; provided, howev- 37 er, that for any gaming facility located in the county of Erie or 38 Niagara, the municipal governments hosting the facility shall collec- 39 tively receive a minimum of twenty-five percent of the negotiated 40 percentage of the net drop from electronic gaming devices the state 41 receives pursuant to the compact and provided further that for any 42 gaming facility located in the county or counties of Cattaraugus, Chau- 43 tauqua or Allegany, the municipal governments of the state hosting the 44 facility shall collectively receive a minimum of twenty-five percent of 45 the negotiated percentage of the net drop from electronic gaming devices 46 the state receives pursuant to the compact; and provided further that 47 pursuant to chapter five hundred ninety of the laws of two thousand 48 four, a minimum of twenty-five percent of the revenues received by the 49 state pursuant to the state's compact with the St. Regis Mohawk tribe 50 shall be made available to the counties of Franklin and St. Lawrence, 51 and affected towns in such counties. Each such county and its affected 52 towns shall receive fifty percent of the moneys made available by the 53 state; and provided further that the state shall annually make [twenty- 54 five] thirty percent of the negotiated percentage of the net drop from 55 all gaming devices the state actually receives pursuant to the Oneida 56 Settlement Agreement confirmed by section eleven of the executive law
A. 4797 3 1 available to the county of Oneida, thirty percent of the negotiated 2 percentage of the net drop from all gaming devices located within the 3 county of Oneida for which the state actually receives payment, twenty- 4 five percent of the negotiated percentage of the net drop from all 5 gaming devices located within the county of Madison for which the state 6 actually receives payment and a sum of three and one-half million 7 dollars to the county of Madison. Additionally, the state shall distrib- 8 ute, for a period of nineteen and one-quarter years, an additional annu- 9 al sum of two and one-half million dollars to the county of Oneida. 10 Additionally, the state shall distribute the one-time eleven million 11 dollar payment actually received by the state pursuant to the Oneida 12 Settlement Agreement to the county of Madison by wire transfer upon 13 receipt of such payment by the state; and (b) support and services of 14 treatment programs for persons suffering from gambling addictions. 15 Moneys not segregated for such purposes shall be transferred to the 16 general fund for the support of government during the fiscal year in 17 which they are received. 18 § 3. This act shall take effect June 1, 2023 and shall be deemed in 19 full force and effect on the date the state actually receives payment 20 from gaming devices located in Oneida county and Madison county, 21 provided that the amendments to subdivision 3 of section 99-h of the 22 state finance law made by section one of this act shall be subject to 23 the expiration and reversion of such section as provided in section 2 of 24 chapter 747 of the laws of 2006, as amended when upon such date the 25 provisions of section two of this act shall take effect.