S T A T E   O F   N E W   Y O R K
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                                 285--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the state finance law, in relation to prohibiting the
  use of lottery funds for any purpose other than education

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

  Section 1.  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
FOR  PROVIDING  AID  TO  ELEMENTARY  AND SECONDARY EDUCATION AND 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  EIGHT-
Y-EIGHT,  ARTICLE  EIGHTY-NINE,  AND ARTICLE FORTY OF THE EDUCATION LAW,
AND THE PURPOSE OF PROVIDING AID TO ALL SCHOOL CHILDREN PURSUANT TO  THE
PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION; AND SHALL NOT BE CO-MIN-
GLED  WITH FUNDS DESIGNATED FOR ANY OTHER PURPOSE, EXCEPT (i) for repay-
ment of first instance expenditures incurred in  the  operation  of  the
state  lottery,  AND  (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

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

                                                           LBD02584-02-1

S. 285--A                           2

section  thirty-six  hundred  two, article eighty-three, article eighty-
five, article eighty-seven, article eighty-eight,  article  eighty-nine,
article  forty  and  subdivision seventeen of section thirty-six hundred
two of the education law, and for any state fiscal year commencing after
such nineteen hundred seventy-six fiscal year for the purpose of provid-
ing 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-seven, 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 para-
graph (i) [hereof] OF THIS SUBDIVISION.
  S 2. 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.