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

                                  4705

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  BALL, BURLING, TOBACCO, HAYES, WALKER, KOLB,
  P. LOPEZ -- Multi-Sponsored by -- M. of A. CORWIN, McKEVITT, SCOZZAFA-
  VA, SPANO -- read once and referred to the Committee on Ways and Means

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
              

A. 4705                             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.