S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    511
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 EIGHTY-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
 section thirty-six hundred two, article  eighty-three,  article  eighty-
 five,  article  eighty-seven, article eighty-eight, article eighty-nine,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD06633-01-7

 S. 511                              2

 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.
   § 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.