Section 99-H. Tribal-state compact revenue account

1. There is hereby
  established in the joint custody of the comptroller and the commissioner
  of taxation and finance an account in the miscellaneous special  revenue
  fund to be known as the "tribal-state compact revenue account".
    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.
    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
  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 (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.
    4.  (a)  Monies  which  are 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  in  relation  to  the
  operation of a gaming facility in the city of Niagara Falls,  county  of
  Niagara which subdivision three of this section requires to be a minimum
  of  twenty-five  percent, shall be budgeted and disbursed by the city of
  Niagara Falls in the following manner:
    (i) seventy-five percent of the total annual amount received shall  be
  available  for  expenditure by the city of Niagara Falls for such public
  purposes as are determined, by the city, to be necessary  and  desirable
  to   accommodate   and   enhance   economic   development,  neighborhood
  revitalization, public health and safety, and infrastructure improvement
  in the city, shall be deposited into the tribal revenue account  of  the
  city  and  any  and all interest and income derived from the deposit and
  investment of such monies shall be deposited into the general  operating
  fund of the city; and

    (ii)  the  remaining  twenty-five  percent  of the total annual amount
  received shall be  allocated  for  the  city  of  Niagara  Falls  to  be
  available for expenditure in the following manner:
    (1)  within  thirty-five days upon receipt of such funds by such city,
  five and one-half percent of the total annual amount  received  in  each
  year, not to exceed seven hundred fifty thousand dollars annually, shall
  be  transferred  to Niagara Falls memorial medical center to be used for
  capital construction projects; and
    (2) within thirty-five days upon receipt of such funds by  such  city,
  five  and  one-half  percent of the total annual amount received in each
  year, not to exceed seven hundred fifty thousand dollars annually, shall
  be transferred to the Niagara Falls city  school  district  for  capital
  construction projects; and
    (3)  within  thirty-five days upon receipt of such funds by such city,
  six percent in each year shall be transferred to the Niagara tourism and
  convention center corporation for marketing and tourism promotion in the
  county of Niagara including the city of Niagara Falls; and
    (4) an amount equal to the lesser of  one  million  dollars  or  seven
  percent  of  the  total  amount in each year shall be transferred to the
  city of Niagara Falls and held in an escrow account  maintained  by  the
  city of Niagara Falls and, if additional funding has been secured by the
  Niagara  frontier  transportation authority to finance construction of a
  new terminal at Niagara Falls, such  amount  held  in  escrow  shall  be
  transferred  to  the  Niagara frontier transportation authority for such
  purpose provided however that if such additional funding  has  not  been
  secured  or  construction of a new terminal has not commenced within two
  years of the date which such monies were received by the city of Niagara
  Falls such amounts held in escrow by the city of Niagara Falls shall  be
  distributed pursuant to subparagraph (iii) of this paragraph; and
    (5)  within  thirty-five days upon receipt of such funds by such city,
  one percent or  three  hundred  fifty  thousand  dollars,  whichever  is
  greater,  of  the  total  annual  amount  received in each year shall be
  transferred  to  the  Niagara  Falls   Underground   Railroad   Heritage
  Commission,  established  pursuant  to article forty-three of the parks,
  recreation and historic preservation law to be used for, but not limited
  to, development, capital improvements, acquisition of real property, and
  acquisition of personal property within the heritage area in the city of
  Niagara Falls as established pursuant to the commission; and
    (iii) all other  monies  appropriated  or  received  for  distribution
  pursuant  to  this  subdivision  after the transfer of money pursuant to
  this subparagraph and subparagraphs (i) and (ii) of  this  paragraph  in
  each  year  shall  be  allocated  to  the  city  of  Niagara  Falls  for
  infrastructure and road improvement projects.
    (b) On or before the first of  April,  each  entity  receiving  moneys
  pursuant  to  subparagraphs (i), (ii) and (iii) of paragraph (a) of this
  subdivision, shall annually submit a report to the  governor,  temporary
  president  of  the senate, speaker of the assembly, mayor of the city of
  Niagara Falls and leader of the city council  of  the  city  of  Niagara
  Falls.  Each  such  report  shall  include  an  accounting of all moneys
  received by such entity pursuant to paragraph (a)  of  this  subdivision
  and the expenditure of any such moneys.
    (c)  Notwithstanding  any  other  provision  of  law  to the contrary,
  failure by the city of Niagara Falls to disburse funds as such  city  is
  required  pursuant  to  clauses one, two, three and four of subparagraph
  (ii) of paragraph (a) of this subdivision within thirty-five days of the
  actual  receipt  of  the  funds  or  the  submission  of  the  subentity
  expenditure report due by April first of each year, which ever is later,
  shall  result  in  an additional payment by the city of Niagara Falls of

  one-half percent per week not to exceed eighteen percent of  the  amount
  which  was  to  have  been  disbursed pursuant to such clauses. Any such
  additional payment required to be made by the city  shall  be  disbursed
  from the city's seventy-five percent share described in subparagraph (i)
  of paragraph (a) of this subdivision.
    (d) In the event that any monies to be distributed pursuant to clauses
  one,  three  and  four  of  subparagraph  (ii)  of paragraph (a) of this
  subdivision cannot, for any reason, be received or utilized, such monies
  shall  be  distributed  to  the  city  of  Niagara  Falls  for  economic
  development projects within such city.
    * NB Effective until December 31, 2016