NY State Fin L § 92-C (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 92-C - State Lottery Fund.

§  92-c.  State  lottery  fund.  1. There is hereby established in the joint custody of the comptroller and the commissioner  of  taxation  and finance a special fund to be known as the state lottery fund.   2.  Such  fund  shall  consist of the state lottery revenues including those revenues derived from lottery tickets  sold  for  the  support  of winter  sports  physical  education in commemoration of the XIII olympic winter games, if any, paid into the same by the division of the  lottery as  provided  in  section  sixteen  hundred twelve of the New York state lottery for education law, and all other moneys credited or  transferred thereto  from  any other fund or sources pursuant to law. There shall be established within such fund an account to be known as the winter sports physical education account which shall consist of state lottery revenues paid into the fund as derived solely from the sale  of  lottery  tickets sold   for   the   support   of  winter  sports  physical  education  in commemoration of the XIII olympic winter games. Upon such  establishment there  shall also be established within such fund a separate account, to be known as the state lottery regular account, which  shall  consist  of state  lottery  revenues  other  than  revenues derived from the sale of lottery tickets sold for the support of winter sports physical education in commemoration of the XIII olympic winter games.  Such  state  lottery regular  account  shall also consist of any lottery revenues transferred from the winter sports physical education account to the  state  lottery regular  account  in the manner provided for in subdivision five of this section.   3. The moneys in such fund shall be appropriated or  transferred  only (i)  for  repayment  of  first  instance  expenditures  incurred  in the operation  of  the  state  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  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 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  paragraph  (i) hereof.   4.  a.  Moneys  to  be  appropriated from the fund in any state fiscal year,  commencing  on  and   after   April   first,   nineteen   hundred seventy-seven,  for  the purposes of providing aid pursuant to item (ii)  of subdivision three of this section shall be apportioned  and  paid  by the education department no later than November fifteenth.   b.  Each  eligible  school district and state supported school for the deaf and blind as defined  in  section  forty-two  hundred  one  of  the education  law shall compute their entitlement pursuant to the following provisions:  (1) each eligible school district  shall  receive  a  minimum  lottery grant of fifteen dollars per pupil residing in the district and enrolled in grades kindergarten through twelve in public and nonpublic schools in the  base  year to be used for the expenditures made pursuant to section seven hundred one of the education law in the base year  upon  proof  of such  expenditures.  Payment  of  such  lottery grant to eligible school districts shall be made in accordance with the provisions of paragraph a of this subdivision; and  (2) each approved state supported school for the deaf  and  the  blind shall receive ten dollars per enrolled pupil;  (2-a)  each  school  district eligible to receive total foundation aid pursuant to section thirty-six hundred two of the  education  law  shall receive  a lottery grant in an amount equal to the product of the amount of the appropriation for the current year multiplied by  the  district's VLT  ratio. The "VLT ratio" shall be equal to the quotient of the moneys apportioned for such district pursuant  to  section  thirty-six  hundred nine-a  of  the  education  law  as set forth in the school aid computer listing produced by the commissioner in support  of  the  enacted  state budget  for  the  current school year, divided by the sum of such moneys apportioned for all school districts as set forth  in  such  school  aid computer  listing in support of the enacted state budget for the current school year.   Moneys to be appropriated from the fund  in  any  state  fiscal  year, commencing  on  and  after  April  first,  two  thousand  seven, for the purposes of  providing  aid  pursuant  to  this  subparagraph  shall  be apportioned  and  paid  by  the education department pursuant to section thirty-six hundred nine-f of the education law;  (3) those eligible school districts scheduled to receive  the  largest direct  payments in June pursuant to clause (v) of subparagraph three of paragraph b of subdivision one of section thirty-six hundred  nine-a  of the  education  law  shall  be entitled to the June lottery aid payment, within the amount appropriated for such purpose; and  (4) each eligible school district shall be entitled to  an  additional lottery  grant  equal  to the result of multiplying the district's total aidable foundation pupil units for the base year  computed  pursuant  to paragraph g of subdivision two of section thirty-six hundred two of this act by:                        Base Grant x (1 + aid ratio)    Where,  the  base grant shall equal the sum of the net total available moneys after making payments pursuant to subparagraphs (1),  (2),  (2-a) and  (3)  above,  plus  an  amount  from  the general support for public schools-- general fund  local  assistance  account  equal  to  the  June lottery  payment, divided by the total aidable foundation pupil units of the state and where the Aid Ratio is equal to one minus the pupil wealth ratio of the district as such term  is  defined  in  section  thirty-six hundred two of the education law. In no case shall a school district aid ratio exceed one (1) or be less than minus one (-1).   c.  In  the event that aids, determined pursuant to paragraph b above, exceed the total funds  available  for  distribution  pursuant  to  this subdivision,  then such aids shall be ratably reduced. In the event that  funds remain undistributed after determination of the aids  pursuant  to paragraph  b above, then such undistributed funds shall be applied so as to ratably increase  such  aids.  Any  reduction  or  increase  in  aids pursuant  to  the  provisions  of this paragraph shall be first assessed against or added to the aids determined pursuant to  subparagraph  three of paragraph b.   d.  Any  moneys  paid pursuant to this subdivision shall be subject to the  limitations  of  paragraph  a  of  subdivision  eight  of   section thirty-six  hundred  two of the education law and shall be used only for operating expenses authorized by law and in accordance with  regulations to  be promulgated by the commissioner of education with the approval of the director of the budget.   5. Notwithstanding any inconsistent provision of this  section  or  of any  other  provision  of law, after provision for prizes, in the manner provided for in subdivision b of section sixteen hundred twelve  of  the tax  law,  there  shall  be  transferred and paid into the winter sports education trust fund from total lottery revenues deposited in the  state lottery  fund  to  the  credit  solely  of  the  winter  sports physical education account within such fund, not  otherwise  transferred  to  the state  lottery regular account in accordance with the provisions of this subdivision, the sum of not to exceed one  hundred  million  dollars  or such  lesser  amount  as  has been accumulated within such winter sports physical education account and has been so  transferred  and  paid  into such trust fund up to and including March thirty-first, nineteen hundred eighty,  at  which  time  no further transfers or payments shall be made into such fund other than for the purpose of completing the transfer and payments of moneys accumulated in the winter sports  physical  education account  prior  to  such  date.  The  amounts  of aid to be paid for the purposes contained within paragraphs (i), (iii) and (iv) of  subdivision three of this section pursuant to subdivision four of this section shall in  no  manner be limited or reduced as a result of a transfer of moneys from the winter sports physical education account to the  winter  sports education  trust  fund  as  hereinabove  provided  or as provided for in section four hundred ninety-five-a of article  ten-C  of  the  education law.  During  the state fiscal years commencing April first in the years nineteen  hundred  seventy-seven,  nineteen  hundred  seventy-eight  and nineteen hundred seventy-nine all moneys on deposit in the state lottery fund  to  the  credit  of  the state lottery regular account pursuant to subdivision b of section sixteen hundred  twelve  of  the  tax  law  and subdivision  two  of  this  section  shall  be  paid for the purposes of paragraphs (i), (iii) and (iv) of subdivision three of this  section  in the  manner provided for in subdivision four of this section. Other than as hereinbelow provided, no moneys within the state lottery fund to  the credit  of  the  winter  sports  physical  education  account  shall  be transferred to the winter sports education trust fund  in  any  of  such years  unless  there  has  been  paid  from such state lottery fund from moneys in the state lottery regular account for  the  purposes  of  such paragraphs  (i),  (iii) and (iv) of subdivision three of this section in the manner provided for in subdivision four of this  section,  at  least the following amounts for the enumerated years:  state fiscal year                    minimum amount to be commencing April first:              paid pursuant to subdivision                                      four of this section;  1978                             an amount equal to that paid in the                                  state fiscal year commencing April                                  first, nineteen hundred seventy-seven                                   pursuant to subdivision four of this                                  section plus six per centum;  1979                             an amount equal to that paid in the                                  state fiscal year commencing April                                  first, nineteen hundred seventy-eight                                  pursuant to subdivision four of this                                  section plus six per centum.    In  the event that the moneys within the state lottery regular account in any state fiscal year contained within  the  preceding  schedule  are insufficient  to  make such minimum amount payments required within such schedule for such fiscal year then, upon the certified  request  of  the director  of the division of the lottery, the comptroller shall transfer from the winter sports physical education account to the  state  lottery regular  account  an amount, as contained in such request, not to exceed seventy-five per centum of the total amount of moneys  credited  to  the winter  sports physical education account for such state fiscal year. In the event that subsequent to such transfer the amount then contained  in the  state  lottery  regular account is insufficient to make the minimum amount payment so required in such schedule for such state  fiscal  year such  total  amount shall so be paid for the purposes of paragraphs (i), (iii) and (iv) of subdivision  three  of  this  section  in  the  manner provided  for  in  subdivision four of this section and shall constitute the total payment required for such purposes during  such  state  fiscal year  notwithstanding  the  provisions  of  such schedule. The amount so transferred shall in no event increase the amount to be paid pursuant to subdivision four of this section to an amount in excess of  the  minimum amount  payments  required  to  be  made  pursuant to such schedule. The transfer and payments into the winter sports education trust fund  shall commence  initially,  on or before the twentieth day of the month of the applicable state fiscal year next succeeding  the  month  in  which  the state  lottery  regular  account  has  accumulated  at least the minimum amount payments required  to  be  paid  during  such  year  pursuant  to subdivision four of this section and thereafter during such fiscal year, on or before the twentieth day of each succeeding month.   6.  All  moneys  available  in  any  fiscal  year in such fund for the purposes specified in clauses (ii) and (iii)  of  subdivision  three  of this  section  shall  be  deposited  not later than the last day of each month in the general fund to the credit of the state  purposes  fund  or the  local  assistance  fund  or  both  in  such  percentages  as may be determined by the director of the  budget,  to  be  used  only  for  the purposes and in the manner specified in such clauses (ii) and (iii).   7.  In  no  fiscal  year shall the total amount paid from the fund for expenses of the lottery, exclusive of expenditures for machines or other capital equipment which the division of the  lottery  is  authorized  to purchase  for the operation of the lottery, exceed an amount which, when added to any amount retained by lottery sales agents as compensation for their services, equals fifteen percent of the  total  amount  for  which lottery tickets are sold during such fiscal year.   8.  All  payments from the fund for expenses of the lottery, including expenses for personal service, shall be made on the audit and warrant of the comptroller on vouchers approved by the director of the division  of the lottery.