S T A T E   O F   N E W   Y O R K
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                                  6980

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2013
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the state finance law and the executive law, in relation
  to authorizing municipal governments hosting tribal casinos to receive
  payments directly from Native  American  nations  or  tribes;  and  in
  relation to Tribal-state compact revenue accounts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 99-h of the state finance law, as
amended by chapter 747 of the laws of 2006, is amended and a new  subdi-
vision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL  GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS RECEIVED BY ANY MUNICIPAL  GOVERNMENT  THAT
HOSTS  A TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN SATISFACTION
OF THE PROVISIONS OF THE TRIBAL-STATE COMPACT EXECUTED PURSUANT TO ARTI-
CLE TWO OF THE EXECUTIVE LAW AND 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 SUCH PAYMENTS SHALL BE DEDUCTED  FROM
THOSE AMOUNTS THE STATE IS REQUIRED TO MAKE TO SUCH MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OR FOUR THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02350-02-3
              

A. 6980                             2

  S  2.  Subdivision  2  of  section  99-h  of the state finance law, as
amended by section 1 of part V of chapter 59 of the  laws  of  2006,  is
amended and a new subdivision 2-a is added to read as follows:
  2.  Such  account shall consist of all revenues resulting from tribal-
state compacts executed pursuant to article two of the executive law and
a tribal-state compact with the St. Regis Mohawk tribe executed pursuant
to chapter five hundred ninety of the laws of two  thousand  four,  LESS
ANY  PAYMENTS MADE DIRECTLY BY A NATIVE AMERICAN NATION OR TRIBE, PURSU-
ANT TO SUBDIVISION TWO-A OF THIS SECTION, TO  ANY  MUNICIPAL  GOVERNMENT
THAT HOSTS A TRIBAL CASINO.
  2-A.  A  MUNICIPAL  GOVERNMENT  THAT HOSTS A TRIBAL CASINO MAY RECEIVE
PAYMENTS DIRECTLY FROM A NATIVE  AMERICAN  NATION  OR  TRIBE;  PROVIDED,
HOWEVER,  THAT  THE  CHIEF  FISCAL  OFFICER  OF THE MUNICIPAL GOVERNMENT
SHALL, WITHIN SEVEN DAYS OF THE RECEIPT OF  SUCH  PAYMENTS,  NOTIFY  THE
STATE  COMPTROLLER THAT SUCH PAYMENTS HAVE BEEN RECEIVED BY SUCH MUNICI-
PAL GOVERNMENT. ALL PAYMENTS DIRECTLY RECEIVED BY ANY MUNICIPAL  GOVERN-
MENT  THAT  HOSTS  A  TRIBAL CASINO SHALL BE DEEMED TO HAVE BEEN MADE IN
SATISFACTION OF THE TRIBAL-STATE COMPACT EXECUTED  PURSUANT  TO  ARTICLE
TWO  OF  THE EXECUTIVE LAW AND 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 SUCH PAYMENTS SHALL BE DEDUCTED FROM
THOSE PAYMENTS THE STATE IS REQUIRED TO MAKE TO THE MUNICIPAL GOVERNMENT
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S 3. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section  1  of part W of chapter 60 of the laws of 2011, is
amended to read as follows:
  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  govern-
ments  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, howev-
er, that for any gaming facility located in the  city  of  Buffalo,  the
city  of  Buffalo shall receive a minimum of [twenty-five] FIFTY 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 city of Niagara Falls, coun-
ty of Niagara a minimum of [twenty-five] FIFTY percent of the negotiated
percentage  of  the  net  drop  from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision four of this section, and  provided  further  that  for  any
gaming  facility located in the county or counties of Cattaraugus, Chau-
tauqua or Allegany, the municipal governments of the state  hosting  the
facility  shall  collectively  receive  a minimum of [twenty-five] FIFTY
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  (b) support and services of treatment programs for
persons suffering from gambling addictions. Moneys  not  segregated  for

A. 6980                             3

such  purposes  shall be transferred to the general fund for the support
of government during the fiscal year in which they are received.
  S  4.  Section  12  of  the executive law is amended by adding two new
subdivisions (d) and (e) to read as follows:
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY MUNICIPAL  GOVERN-
MENT  THAT HOSTS GAMING AND RELATED FACILITIES OF THE NATION MAY RECEIVE
PAYMENTS DIRECTLY FROM THE  NATION  PURSUANT  TO  SUBDIVISION  TWO-A  OF
SECTION  NINETY-NINE-H  OF  THE  STATE  FINANCE LAW, AS ADDED BY CHAPTER
THREE HUNDRED EIGHTY-THREE OF THE LAWS OF TWO THOUSAND ONE. ANY PAYMENTS
MADE BY THE NATION DIRECTLY  TO  ANY  MUNICIPAL  GOVERNMENT  THAT  HOSTS
GAMING  AND  RELATED  FACILITIES  PURSUANT  TO THIS SUBDIVISION SHALL BE
DEEMED TO HAVE BEEN MADE  IN  SATISFACTION  OF  THE  COMPACT,  AND  SUCH
PAYMENTS SHALL BE DEDUCTED FROM THE AMOUNTS THE STATE IS REQUIRED TO PAY
SUCH  MUNICIPAL GOVERNMENT PURSUANT TO SUBDIVISION THREE OR FOUR OF SUCH
SECTION NINETY-NINE-H.
  (E) ANY MUNICIPAL GOVERNMENT RECEIVING PAYMENT PURSUANT TO SUBDIVISION
(D) OF THIS SECTION SHALL BE AUTHORIZED TO EXPEND SUCH FUNDS IN THE SAME
MANNER AS IF SUCH PAYMENT HAD BEEN MADE BY THE STATE  TO  THE  MUNICIPAL
GOVERNMENT   PURSUANT   TO   SUBDIVISIONS  THREE  AND  FOUR  OF  SECTION
NINETY-NINE-H OF THE STATE FINANCE LAW.
  S 5. This act shall take effect immediately; provided,  however,  that
the  amendments  to  subdivision  2 of section 99-h of the state finance
law, made by section one of this act, shall be subject to the expiration
and reversion of such section pursuant to section 2 of  chapter  747  of
the  laws  of 2006, when upon such date the provisions of section two of
this act shall take effect provided, further,  that  the  amendments  to
subdivision  3  of section 99-h of the state finance law made by section
three of this act shall not affect the expiration of such subdivision as
provided in section 3 of part W of chapter 60 of the laws  of  2011  and
shall  be deemed to expire therewith; provided, however, that the amend-
ments to subdivision 3 of section 99-h of the state finance law made  by
section  three  of  this  act  shall  not  affect the expiration of such
section as provided in section 2 of chapter 747 of the laws of 2006  and
shall be deemed to expire therewith.