S T A T E   O F   N E W   Y O R K
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                                  2383

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- 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  advertising,  marketing  or
  promoting the lottery

  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
THE PURPOSES OF ADVERTISING, MARKETING OR PROMOTING THE LOTTERY.
  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 THE PURPOSES OF ADVERTIS-
ING, MARKETING OR PROMOTING THE LOTTERY, (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,  article forty and FORMER 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 providing aid to all school children pursuant to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09333-01-9
              

S. 2383                             2

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 aggre-
gate, 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.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all revenues collected as a  result
of  the  New York state lottery for education occurring on or after such
date.