S T A T E   O F   N E W   Y O R K
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                                   383

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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
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.
              

                                                           LBD00625-01-3

S. 383                              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.
  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.