§ 1352. Commercial gaming revenue fund. 1. (a) The commission shall
pay into an account, to be known as the commercial gaming revenue fund
as established pursuant to section ninety-seven-nnnn of the state
finance law, under the joint custody of the comptroller and the
commissioner of taxation and finance, all taxes and fees imposed by this
article paid by a gaming facility licensed under title two of this
article or title two-A of this article located within zone two; any
interest and penalties imposed by the commission relating to those
taxes; the appropriate percentage of the value of expired gaming related
obligations; all penalties levied and collected by the commission; and
the appropriate funds, cash or prizes forfeited from gambling activity.

(b) For any gaming facility that does not qualify under subdivision
two of section thirteen hundred twenty-one-a of this article, is
licensed under title two-A of this article, and is located within New
York City, revenues shall be distributed in the following manner:

(i) fifty percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited to a sole custody fund established under the gaming
commission, and paid monthly, without appropriation, directly to the
metropolitan transportation authority commercial gaming revenue fund
established under section one thousand two hundred seventy-j of the
public authorities law; and

(ii) fifty percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited into the commercial gaming revenue fund established
under section ninety-seven-nnnn of the state finance law by the
commission and shall be appropriated or transferred only for elementary
and secondary education or real property tax relief.

(c) For any gaming facility that does not qualify under subdivision
two of section thirteen hundred twenty-one-a of this article, is
licensed under title two-A of this article, and located within zone one
but not located within New York City, revenues shall be distributed in
the following manner:

(i) forty percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited to a sole custody fund established under the gaming
commission, and paid monthly, without appropriation, directly to the
metropolitan transportation authority commercial gaming revenue fund
established under section one thousand two hundred seventy-j of the
public authorities law;

(ii) forty percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited into the commercial gaming revenue fund established
under section ninety-seven-nnnn of the state finance law by the
commission and shall be appropriated or transferred only for elementary
and secondary education or real property tax relief from the commercial
gaming revenue fund;

(iii) five percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those
taxes, shall be deposited into the commercial gaming revenue fund
established under section ninety-seven-nnnn of the state finance law by
the commission and shall be allocated to the host county for the purpose
of real property tax relief or for education assistance;

(iv) ten percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those taxes
shall be deposited into the commercial gaming revenue fund established
under section ninety-seven-nnnn of the state finance law by the
commission and shall be allocated to the host municipality for the
purpose of real property tax relief or education assistance; and

(v) five percent of the taxes imposed by this article, and any
interest and penalties imposed by the commission relating to those
taxes, shall be deposited into the commercial gaming revenue fund
established under section ninety-seven-nnnn of the state finance law by
the commission and shall be allocated among counties within the region,
as defined by section one thousand three hundred ten of this article,
for the purpose of real property tax relief or education assistance.
Such distribution from the commercial gaming revenue fund established
under section ninety-seven-nnnn of the state finance law shall be made
among the counties on a per capita basis, subtracting the population of
host municipality and county.

(d) For any gaming facility that qualifies under subdivision two of
section thirteen hundred twenty-one-a of this article, is licensed under
title two-A of this article, and is located within zone one but not
located within New York City, revenues shall be distributed in the
following manner:

(i) Eighty percent of all deposits in a state fiscal year resulting
from taxes imposed by this article, and any interest and penalties
imposed by the commission relating to those taxes shall be directed to
the commercial gaming revenue fund until the total of such deposits for
the state fiscal year is equal to the education aid hold harmless
amount. The education aid hold harmless amount shall be equal to the
greater of (A) the revenue received from the facility for education aid
deposits into the state lottery fund as a video lottery gaming licensee
pursuant to section sixteen hundred seventeen-a of the tax law for the
twelve months immediately preceding the date on which such facility
began operations as a commercial casino pursuant to title two-A of this
article, or (B) the revenue received from the facility for education aid
deposits into the state lottery fund as a video lottery gaming licensee
pursuant to section sixteen hundred seventeen-a of the tax law for state
fiscal year two thousand twenty-two. For the first fiscal year of gaming
facility operations, the hold harmless amount shall reflect a pro-rata
amount based on the opening date of the gaming facility. Notwithstanding
section ninety-seven-nnnn of the state finance law, such deposits into
the commercial gaming revenue fund shall be available exclusively for
elementary and secondary education. Should these deposits resulting from
taxes imposed pursuant to subdivision one-a of section thirteen hundred
fifty-one of this article on the operations of a qualifying gaming
facility at the conclusion of a given state fiscal year be less than the
total required under this paragraph, such gaming facility shall remit
the necessary payment accounting for the difference to the commission
for deposit into the commercial gaming revenue fund no later than the
next occurring May first.

(ii) Twenty percent of all deposits in a state fiscal year resulting
from taxes imposed by this article, and any interest and penalties
imposed by the commission relating to those taxes, shall be distributed
in the same manner as subparagraphs (iii), (iv), and (v) of paragraph
(c) of this subdivision.

(iii) Once the deposits from a qualifying gaming facility as
prescribed in subparagraph (i) of this paragraph exceed the education
aid hold harmless amount as determined in subparagraph (i) of this
paragraph in a given state fiscal year, eighty percent of all subsequent
deposits in such state fiscal year from taxes imposed by this article,
and any interest and penalties imposed by the commission relating to
those taxes shall be deposited to a sole custody fund established under
the gaming commission, and paid monthly, without appropriation, directly
to the metropolitan transportation authority commercial gaming revenue
fund established under section one thousand two hundred seventy-j of the
public authorities law and the remaining twenty percent shall continue
to be distributed in the same manner as subparagraphs (iii), (iv), and
(v) of paragraph (c) of this subdivision; provided however, that once
the dollar amount paid directly to the metropolitan transportation
authority commercial gaming revenue fund established under section one
thousand two hundred seventy-j of the public authorities law matches the
same dollar amount paid pursuant to the education aid hold harmless
amount as determined in subparagraph (i) of this paragraph in a given
state fiscal year, twenty percent of any excess dollar amounts shall be
distributed in the same manner as subparagraphs (iii), (iv), and (v) of
paragraph (c) of this subdivision, forty percent of any excess dollar
amounts shall be deposited to a sole custody fund established under the
gaming commission, and paid monthly, without appropriation, directly to
the metropolitan transportation authority commercial gaming revenue fund
established under section one thousand two hundred seventy-j of the
public authorities law, and forty percent of any excess dollar amounts
shall be deposited by the commission into the commercial gaming revenue
fund established under section ninety-seven-nnnn of the state finance
law for the sole purposes of education aid.

(e) For any gaming facility that qualifies under subdivision two of
section thirteen hundred twenty-one-a of this article, is licensed under
title two-A of this article, and is located within New York City,
revenues shall be distributed in the following manner:

(i) Eighty percent of all deposits in a state fiscal year resulting
from taxes imposed by this article, and any interest and penalties
imposed by the commission relating to those taxes, shall be deposited in
the same manner as in subparagraph (i) of paragraph (d) of this
subdivision. For the first fiscal year of gaming facility operations,
the hold harmless amount shall reflect a pro-rata amount based on the
opening date of the gaming facility.

(ii) Twenty percent of all deposits in a state fiscal year resulting
from taxes imposed by this article, and any interest and penalties
imposed by the commission relating to those taxes, shall be deposited to
a sole custody fund established under the gaming commission, and paid
monthly, without appropriation, directly to the metropolitan
transportation authority commercial gaming revenue fund established
under section one thousand two hundred seventy-j of the public
authorities law until the applicable education aid hold harmless amount
as prescribed in subparagraph (i) of paragraph (d) of this subdivision
has been met.

(iii) Once the deposits from a qualifying gaming facility as
prescribed in subparagraph (i) of this paragraph exceed the education
aid hold harmless amount as determined in subparagraph (i) of paragraph
(d) of this subdivision in a given state fiscal year, all subsequent
deposits in such state fiscal year from taxes imposed by this article,
and any interest and penalties imposed by the commission relating to
those taxes, shall be deposited to a sole custody fund established under
the gaming commission, and paid monthly, without appropriation, directly
to the metropolitan transportation authority commercial gaming revenue
fund established under section one thousand two hundred seventy-j of the
public authorities law; provided however, that once the dollar amount
paid directly to the metropolitan transportation authority commercial
gaming revenue fund established under section one thousand two hundred
seventy-j of the public authorities law matches the same dollar amount
paid pursuant to the education aid hold harmless amount as determined in
subparagraph (i) of paragraph (d) of this subdivision in a given state
fiscal year, fifty percent of any excess dollar amounts shall be
deposited to a sole custody fund established under the gaming
commission, and paid monthly, without appropriation, directly to the
metropolitan transportation authority commercial gaming revenue fund
established under section one thousand two hundred seventy-j of the
public authorities law, and fifty percent of any excess dollar amounts
shall be deposited by the commission into the commercial gaming revenue
fund established under section ninety-seven-nnnn of the state finance
law for the sole purposes of education aid.

(f) For a municipality that was appropriated video lottery terminal
aid in the year two thousand twenty-three pursuant to section
fifty-four-l of the state finance law, the gaming facility licensed
under title two-A of this article that was previously authorized to
operate video lottery gaming pursuant to section one thousand six
hundred seventeen-a of the tax law must hold the municipality harmless
so that the host municipality does not receive less money in any state
fiscal year under the provisions of subparagraph (ii) of paragraph (d)
of this subdivision than such host municipality received in annual video
lottery terminal aid in the year two thousand twenty-three. The
provisions of this paragraph shall apply as of the first full state
fiscal year in which video lottery terminal aid is not received by the
municipality and gaming facility operations have commenced.

2. The commission shall require at least monthly deposits by the
licensee of any payments pursuant to section one thousand three hundred
fifty-one of this article, at such times, under such conditions, and in
such depositories as shall be prescribed by the state comptroller. The
deposits shall be deposited to the credit of the commercial gaming
revenue fund as established by section ninety-seven-nnnn of the state
finance law or to the metropolitan transportation authority commercial
gaming revenue fund established under section one thousand two hundred
seventy-j of the public authorities law, according to the requirements
of subdivision one of this section. The commission may require a monthly
report and reconciliation statement to be filed with it on or before the
tenth day of each month, with respect to gross revenues and deposits
received and made, respectively, during the preceding month.