Prohibits use of lottery funds for any purpose other than education and prohibits co-mingling with funds for other purposes

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 eightythree, article eighty-five, article eighty-seven, article eighty-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-mingled with funds designated for any other purpose, except (i) for repayment 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 eightyfive, article eighty-seven, article eighty-eight, article eighty-nine, article forty and subdivision seventeen of section thirty-six hundred

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06633-01-7

A. 1952 2

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 seventyeight 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.

§ 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.