S T A T E O F N E W Y O R K
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3148
2009-2010 Regular Sessions
I N S E N A T E
March 12, 2009
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing
AN ACT to amend the tax law and the state finance law, in relation to
prohibiting the use of lottery funds for any purpose other than educa-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1612 of the tax law is amended by adding a new
subdivision h to read as follows:
H. NO REVENUES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE USED FOR
ANY PURPOSE OTHER THAN PROVIDING AID TO ALL SCHOOL CHILDREN AND SHALL
NOT BE CO-MINGLED WITH FUNDS DESIGNATED FOR ANY OTHER PURPOSE.
S 2. Subdivision 3 of section 92-c of the state finance law, as
amended by chapter 913 of the laws of 1977, is amended to read as
follows:
3. The moneys in such fund shall be appropriated or transferred only
(i) for repayment of first instance expenditures incurred in the opera-
tion of the state lottery, PROVIDED HOWEVER, THAT NO MONEYS IN SUCH FUND
SHALL BE APPROPRIATED OR TRANSFERRED FOR ANY PURPOSE OTHER THAN PROVID-
ING AID TO ALL SCHOOL CHILDREN AND SHALL NOT BE CO-MINGLED WITH FUNDS
DESIGNATED FOR ANY OTHER PURPOSE, (ii) for the state fiscal year
commencing April first, nineteen hundred seventy-six only for the
purpose of providing aid to pupils with special educational needs as
defined in paragraph e of subdivision one of section thirty-six hundred
two of the education law, and pupils with handicapping conditions
receiving state financial support for programs delineated in paragraph f
of subdivision one of section thirty-six hundred two, article eighty-
three, article eighty-five, article eighty-seven, article eighty-eight,
article eighty-nine, AND article forty [and subdivision seventeen of
section thirty-six hundred two] of the education law, and for any state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05963-01-9
S. 3148 2
fiscal year commencing after such nineteen hundred seventy-six fiscal
year for the purpose of providing aid to all school children pursuant to
the provisions of subdivision four of this section, (iii) for elementary
and secondary education, (iv) for expenditures for machines or other
capital equipment which the division of the lottery is authorized to
purchase for the operation of the lottery and (v) for payment in the
state fiscal years commencing April first, nineteen hundred seventy-sev-
en, nineteen hundred seventy-eight and nineteen hundred seventy-nine
into the winter sports education trust fund, as created in section four
hundred ninety-five-a of article ten-C of the education law, for the
purposes of such fund in accordance with the provisions of subdivision
five of this section. Payments into such trust fund shall discontinue at
such time as the sum of one hundred million dollars, in the aggregate,
has been paid into such fund or upon March thirty-first, nineteen
hundred eighty, whichever event occurs first. Nothing herein shall
prohibit the purchase of machines or other capital equipment from funds
appropriated for expenditures under paragraph (i) [hereof] OF THIS
SUBDIVISION.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to revenues collected as a result of
the New York state lottery for education occurring on or after such
date.