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

                                  5670

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 26, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, the Indian law and the state  finance
  law, in relation to the sharing of revenue from gaming devices located
  within the county of Madison

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

  Section 1. Subdivision 1 of section 11 of the executive law, as  added
by chapter 174 of the laws of 2013, is amended to read as follows:
  [1.] Oneida settlement agreement.  Notwithstanding any other provision
of  law,  upon filing with the secretary of state, the settlement agree-
ment executed between the governor, the counties of Oneida and  Madison,
and  the  Oneida  Nation of New York dated the sixteenth day of May, two
thousand thirteen, to be  known  as  the  Oneida  Settlement  Agreement,
including,  without limitation, THE SUPPLEMENTAL AGREEMENT THERETO ENTI-
TLED "SUPPLEMENTAL AGREEMENT BETWEEN THE COUNTY OF MADISON AND THE STATE
OF NEW YORK" REGARDING  THE  SHARING  OF  REVENUE  FROM  GAMING  DEVICES
LOCATED WITHIN MADISON COUNTY, the provisions contained therein relating
to  arbitration  and judicial review in state or federal courts and, for
the sole purpose thereof, a  limited  waiver  of  the  state's  Eleventh
Amendment sovereign immunity from suit, shall upon its effective date be
deemed  approved,  ratified, validated and confirmed by the legislature.
It is the intention of the  legislature  in  enacting  this  section  to
ensure  that  the settlement agreement shall be fully enforceable in all
respects as to the rights, benefits, responsibilities and privileges  of
all parties thereto.
  S 2. Section 16 of the Indian law, as added by chapter 174 of the laws
of 2013, is amended to read as follows:
  S   16.   Indian  settlement  agreements.  Notwithstanding  any  other
provision of law, the provisions  of  the  Oneida  Settlement  Agreement
referenced  in  section  eleven  of the executive law, TOGETHER WITH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11339-02-5
              

S. 5670                             2

SUPPLEMENTAL AGREEMENT THERETO ENTITLED "SUPPLEMENTAL AGREEMENT  BETWEEN
THE  COUNTY  OF MADISON AND THE STATE OF NEW YORK" REGARDING THE SHARING
OF REVENUE FROM GAMING DEVICES LOCATED WITHIN MADISON COUNTY,  shall  be
deemed to supersede any inconsistent laws and regulations.
  S  3.  Subdivision  3  of  section  99-h  of the state finance law, as
amended by section 7 of chapter 174 of the laws of 2013, 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  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,  county  of
Niagara a minimum of twenty-five 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, Chautauqua or  Allega-
ny,  the  municipal  governments of the state hosting the facility shall
collectively receive a minimum of twenty-five 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 avail-
able 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 provided
further that the state shall annually make twenty-five  percent  of  the
negotiated  percentage of the net drop from all gaming devices the state
actually receives pursuant to the Oneida Settlement Agreement  confirmed
by  section  eleven  of  the executive law as available to the county of
Oneida, TWENTY-FIVE PERCENT OF THE NEGOTIATED PERCENTAGE OF THE NET DROP
FROM ALL GAMING DEVICES LOCATED WITHIN THE COUNTY OF MADISON  FOR  WHICH
THE  STATE  ACTUALLY  RECEIVES PAYMENT PURSUANT TO THE ONEIDA SETTLEMENT
AGREEMENT CONFIRMED BY SECTION ELEVEN OF THE EXECUTIVE LAW AS  AVAILABLE
TO  THE  COUNTY  OF  MADISON,  and  a  sum of three and one-half million
dollars to the county of Madison. Additionally, the state shall distrib-
ute for a period of nineteen and one-quarter years, an additional annual
sum of two and one-half million dollars to the county of Oneida.   Addi-
tionally,  the state shall distribute the one-time eleven million dollar
payment received by the state pursuant to such agreement with the Oneida
Nation of New York to the  county  of  Madison  by  wire  transfer  upon
receipt  of  such  payment by the state; and (b) support and services of
treatment programs  for  persons  suffering  from  gambling  addictions.
Moneys  not  segregated  for  such  purposes shall be transferred to the
general fund for the support of government during  the  fiscal  year  in
which they are received.

S. 5670                             3

  S  4.  Subdivision  3  of  section  99-h  of the state finance law, as
amended by section 7-a of chapter 174 of the laws of 2013, is amended to
read as follows:
  3.  Moneys of the account, following appropriation by the legislature,
shall be available for  purposes  including  but  not  limited  to:  (a)
reimbursements  or  payments  to  municipal governments 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,  however,  that  for
any  gaming facility located in the city of Buffalo, the city of Buffalo
shall receive  a  minimum  of  twenty-five  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, county of Niagara
a minimum of twenty-five 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,  Chautauqua  or  Allegany,  the
municipal  governments  of  the state hosting the facility shall collec-
tively receive a  minimum  of  twenty-five  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 avail-
able 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 provided
further that the state shall annually make twenty-five  percent  of  the
negotiated  percentage of the net drop from all gaming devices the state
actually  receives  pursuant  to  the  Oneida  Settlement  Agreement  as
confirmed  by  section  eleven  of the executive law as available to the
county of Oneida, TWENTY-FIVE PERCENT OF THE  NEGOTIATED  PERCENTAGE  OF
THE  NET DROP FROM ALL GAMING DEVICES LOCATED WITHIN THE COUNTY OF MADI-
SON FOR WHICH THE STATE ACTUALLY RECEIVES PAYMENT PURSUANT TO THE ONEIDA
SETTLEMENT AGREEMENT CONFIRMED BY SECTION ELEVEN OF THE EXECUTIVE LAW AS
AVAILABLE TO THE COUNTY OF MADISON, and a  sum  of  three  and  one-half
million  dollars to the county of Madison. Additionally, the state shall
distribute for a period of nineteen and one-quarter years, an additional
annual sum of two and one-half million dollars to the county of  Oneida.
Additionally,  the  state  shall  distribute the one-time eleven million
dollar payment received by the state pursuant to such agreement with the
Oneida Nation of New York to the county of Madison by wire transfer upon
receipt of such payment by the state; and (b) support  and  services  of
treatment  programs  for  persons  suffering  from  gambling addictions.
Moneys not appropriated for such purposes shall be  transferred  to  the
general  fund  for  the  support of government during the fiscal year in
which they are received.
  S 5. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section 8 of chapter 174 of the laws of 2013, 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-

S. 5670                             4

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 county of Erie or
Niagara, the municipal governments hosting the  facility  shall  collec-
tively  receive  a  minimum  of  twenty-five  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 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 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 provided further that the state shall annually  make  twenty-
five  percent  of  the  negotiated  percentage  of the net drop from all
gaming devices the  state  actually  receives  pursuant  to  the  Oneida
Settlement  Agreement  confirmed  by section eleven of the executive law
available to the county of Oneida, TWENTY-FIVE PERCENT OF THE NEGOTIATED
PERCENTAGE OF THE NET DROP FROM ALL GAMING DEVICES  LOCATED  WITHIN  THE
COUNTY OF MADISON FOR WHICH THE STATE ACTUALLY RECEIVES PAYMENT PURSUANT
TO  THE  ONEIDA  SETTLEMENT AGREEMENT CONFIRMED BY SECTION ELEVEN OF THE
EXECUTIVE LAW AS AVAILABLE TO THE COUNTY OF MADISON, and a sum of  three
and one-half million dollars to the county of Madison. Additionally, the
state  shall distribute, for a period of nineteen and one-quarter years,
an additional annual sum of two and  one-half  million  dollars  to  the
county  of Oneida. Additionally, the state shall distribute the one-time
eleven million dollar payment actually received by the state pursuant to
the Oneida Settlement Agreement to the county of Madison by wire  trans-
fer  upon  receipt  of  such  payment  by the state; and (b) support and
services of treatment  programs  for  persons  suffering  from  gambling
addictions.    Moneys  not  segregated for such purposes shall be trans-
ferred to the general fund for the  support  of  government  during  the
fiscal year in which they are received.
  S 6. This act shall take effect immediately, provided that:
  1.  sections  two  and three of this act shall take effect on the same
date as the agreement between the Oneida Nation  of  New  York  and  the
state  of  New York entered into on the sixteenth day of May, 2013 takes
effect;
  2. that the amendments to subdivision 3 of section 99-h of  the  state
finance  law  made  by section three of this act shall be subject to the
expiration and reversion of such subdivision as provided in section 3 of
part W of chapter 60 of the laws of 2011, as amended when upon such date
the provisions of section four of this act shall take effect; and
  3. that the amendments to subdivision 3 of section 99-h of  the  state
finance  law  made  by  section four of this act shall be subject to the
expiration and reversion of such section as provided  in  section  2  of
chapter  747  of  the  laws  of 2006, as amended when upon such date the
provisions of section five of this act shall take effect.