§ 92-C — State lottery fund

New York § 92-C

• Jurisdiction: New York
• Law STF: State Finance
• Art. 6: Funds of the State

Text

§ 92-c. State lottery fund. 1. There is hereby established in the\njoint custody of the comptroller and the commissioner of taxation and\nfinance a special fund to be known as the state lottery fund.\n 2. Such fund shall consist of the state lottery revenues including\nthose revenues derived from lottery tickets sold for the support of\nwinter sports physical education in commemoration of the XIII olympic\nwinter games, if any, paid into the same by the division of the lottery\nas provided in section sixteen hundred twelve of the New York state\nlottery for education law, and all other moneys credited or transferred\nthereto from any other fund or sources pursuant to law. There shall be\nestablished within such fund an account to be known as the winter sports\nphysical education account which shall consist of state lottery revenues\npaid into the fund as derived solely from the sale of lottery tickets\nsold for the support of winter sports physical education in\ncommemoration of the XIII olympic winter games. Upon such establishment\nthere shall also be established within such fund a separate account, to\nbe known as the state lottery regular account, which shall consist of\nstate lottery revenues other than revenues derived from the sale of\nlottery tickets sold for the support of winter sports physical education\nin commemoration of the XIII olympic winter games. Such state lottery\nregular account shall also consist of any lottery revenues transferred\nfrom the winter sports physical education account to the state lottery\nregular account in the manner provided for in subdivision five of this\nsection.\n 3. The moneys in such fund shall be appropriated or transferred only\n(i) for repayment of first instance expenditures incurred in the\noperation of the state lottery, (ii) for the state fiscal year\ncommencing April first, nineteen hundred seventy-six only for the\npurpose of providing aid to pupils with special educational needs as\ndefined in paragraph e of subdivision one of section thirty-six hundred\ntwo of the education law, and pupils with handicapping conditions\nreceiving state financial support for programs delineated in paragraph f\nof subdivision one of section thirty-six hundred two, article\neighty-three, article eighty-five, article eighty-seven, article\neighty-eight, article eighty-nine, article forty and subdivision\nseventeen of section thirty-six hundred two of the education law, and\nfor any state fiscal year commencing after such nineteen hundred\nseventy-six fiscal year for the purpose of providing aid to all school\nchildren pursuant to the provisions of subdivision four of this section,\n(iii) for elementary and secondary education, (iv) for expenditures for\nmachines or other capital equipment which the division of the lottery is\nauthorized to purchase for the operation of the lottery and (v) for\npayment in the state fiscal years commencing April first, nineteen\nhundred seventy-seven, nineteen hundred seventy-eight and nineteen\nhundred seventy-nine into the winter sports education trust fund, as\ncreated in section four hundred ninety-five-a of article ten-C of the\neducation law, for the purposes of such fund in accordance with the\nprovisions of subdivision five of this section. Payments into such trust\nfund shall discontinue at such time as the sum of one hundred million\ndollars, in the aggregate, has been paid into such fund or upon March\nthirty-first, nineteen hundred eighty, whichever event occurs first.\nNothing herein shall prohibit the purchase of machines or other capital\nequipment from funds appropriated for expenditures under paragraph (i)\nhereof.\n 4. a. Moneys to be appropriated from the fund in any state fiscal\nyear, commencing on and after April first, nineteen hundred\nseventy-seven, for the purposes of providing aid pursuant to item (ii)\nof subdivision three of this section shall be apportioned and paid by\nthe education department no later than November fifteenth.\n b. Each eligible school district and state supported school for the\ndeaf and blind as defined in section forty-two hundred one of the\neducation law shall compute their entitlement pursuant to the following\nprovisions:\n (1) each eligible school district shall receive a minimum lottery\ngrant of fifteen dollars per pupil residing in the district and enrolled\nin grades kindergarten through twelve in public and nonpublic schools in\nthe base year to be used for the expenditures made pursuant to section\nseven hundred one of the education law in the base year upon proof of\nsuch expenditures. Payment of such lottery grant to eligible school\ndistricts shall be made in accordance with the provisions of paragraph a\nof this subdivision; and\n (2) each approved state supported school for the deaf and the blind\nshall receive ten dollars per enrolled pupil;\n (2-a) each school district eligible to receive total foundation aid\npursuant to section thirty-six hundred two of the education law shall\nreceive a lottery grant in an amount equal to the product of the amount\nof the appropriation for the current year multiplied by the district's\nVLT ratio. The "VLT ratio" shall be equal to the quotient of the moneys\napportioned for such district pursuant to section thirty-six hundred\nnine-a of the education law as set forth in the school aid computer\nlisting produced by the commissioner in support of the enacted state\nbudget for the current school year, divided by the sum of such moneys\napportioned for all school districts as set forth in such school aid\ncomputer listing in support of the enacted state budget for the current\nschool year.\n Moneys to be appropriated from the fund in any state fiscal year,\ncommencing on and after April first, two thousand seven, for the\npurposes of providing aid pursuant to this subparagraph shall be\napportioned and paid by the education department pursuant to section\nthirty-six hundred nine-f of the education law;\n (3) those eligible school districts scheduled to receive the largest\ndirect payments in June pursuant to clause (v) of subparagraph three of\nparagraph b of subdivision one of section thirty-six hundred nine-a of\nthe education law shall be entitled to the June lottery aid payment,\nwithin the amount appropriated for such purpose; and\n (4) each eligible school district shall be entitled to an additional\nlottery grant equal to the result of multiplying the district's total\naidable foundation pupil units for the base year computed pursuant to\nparagraph g of subdivision two of section thirty-six hundred two of this\nact by:\n Base Grant x (1 + aid ratio)\n Where, the base grant shall equal the sum of the net total available\nmoneys after making payments pursuant to subparagraphs (1), (2), (2-a)\nand (3) above, plus an amount from the general support for public\nschools-- general fund local assistance account equal to the June\nlottery payment, divided by the total aidable foundation pupil units of\nthe state and where the Aid Ratio is equal to one minus the pupil wealth\nratio of the district as such term is defined in section thirty-six\nhundred two of the education law. In no case shall a school district aid\nratio exceed one (1) or be less than minus one (-1).\n c. In the event that aids, determined pursuant to paragraph b above,\nexceed the total funds available for distribution pursuant to this\nsubdivision, then such aids shall be ratably reduced. In the event that\nfunds remain undistributed after determination of the aids pursuant to\nparagraph b above, then such undistributed funds shall be applied so as\nto ratably increase such aids. Any reduction or increase in aids\npursuant to the provisions of this paragraph shall be first assessed\nagainst or added to the aids determined pursuant to subparagraph three\nof paragraph b.\n d. Any moneys paid pursuant to this subdivision shall be subject to\nthe limitations of paragraph a of subdivision eight of section\nthirty-six hundred two of the education law and shall be used only for\noperating expenses authorized by law and in accordance with regulations\nto be promulgated by the commissioner of education with the approval of\nthe director of the budget.\n 5. Notwithstanding any inconsistent provision of this section or of\nany other provision of law, after provision for prizes, in the manner\nprovided for in subdivision b of section sixteen hundred twelve of the\ntax law, there shall be transferred and paid into the winter sports\neducation trust fund from total lottery revenues deposited in the state\nlottery fund to the credit solely of the winter sports physical\neducation account within such fund, not otherwise transferred to the\nstate lottery regular account in accordance with the provisions of this\nsubdivision, the sum of not to exceed one hundred million dollars or\nsuch lesser amount as has been accumulated within such winter sports\nphysical education account and has been so transferred and paid into\nsuch trust fund up to and including March thirty-first, nineteen hundred\neighty, at which time no further transfers or payments shall be made\ninto such fund other than for the purpose of completing the transfer and\npayments of moneys accumulated in the winter sports physical education\naccount prior to such date. The amounts of aid to be paid for the\npurposes contained within paragraphs (i), (iii) and (iv) of subdivision\nthree of this section pursuant to subdivision four of this section shall\nin no manner be limited or reduced as a result of a transfer of moneys\nfrom the winter sports physical education account to the winter sports\neducation trust fund as hereinabove provided or as provided for in\nsection four hundred ninety-five-a of article ten-C of the education\nlaw. During the state fiscal years commencing April first in the years\nnineteen hundred seventy-seven, nineteen hundred seventy-eight and\nnineteen hundred seventy-nine all moneys on deposit in the state lottery\nfund to the credit of the state lottery regular account pursuant to\nsubdivision b of section sixteen hundred twelve of the tax law and\nsubdivision two of this section shall be paid for the purposes of\nparagraphs (i), (iii) and (iv) of subdivision three of this section in\nthe manner provided for in subdivision four of this section. Other than\nas hereinbelow provided, no moneys within the state lottery fund to the\ncredit of the winter sports physical education account shall be\ntransferred to the winter sports education trust fund in any of such\nyears unless there has been paid from such state lottery fund from\nmoneys in the state lottery regular account for the purposes of such\nparagraphs (i), (iii) and (iv) of subdivision three of this section in\nthe manner provided for in subdivision four of this section, at least\nthe following amounts for the enumerated years:\nstate fiscal year minimum amount to be\ncommencing April first: paid pursuant to subdivision\n four of this section;\n1978 an amount equal to that paid in the\n state fiscal year commencing April\n first, nineteen hundred seventy-seven\n pursuant to subdivision four of this\n section plus six per centum;\n1979 an amount equal to that paid in the\n state fiscal year commencing April\n first, nineteen hundred seventy-eight\n pursuant to subdivision four of this\n section plus six per centum.\n In the event that the moneys within the state lottery regular account\nin any state fiscal year contained within the preceding schedule are\ninsufficient to make such minimum amount payments required within such\nschedule for such fiscal year then, upon the certified request of the\ndirector of the division of the lottery, the comptroller shall transfer\nfrom the winter sports physical education account to the state lottery\nregular account an amount, as contained in such request, not to exceed\nseventy-five per centum of the total amount of moneys credited to the\nwinter sports physical education account for such state fiscal year. In\nthe event that subsequent to such transfer the amount then contained in\nthe state lottery regular account is insufficient to make the minimum\namount payment so required in such schedule for such state fiscal year\nsuch total amount shall so be paid for the purposes of paragraphs (i),\n(iii) and (iv) of subdivision three of this section in the manner\nprovided for in subdivision four of this section and shall constitute\nthe total payment required for such purposes during such state fiscal\nyear notwithstanding the provisions of such schedule. The amount so\ntransferred shall in no event increase the amount to be paid pursuant to\nsubdivision four of this section to an amount in excess of the minimum\namount payments required to be made pursuant to such schedule. The\ntransfer and payments into the winter sports education trust fund shall\ncommence initially, on or before the twentieth day of the month of the\napplicable state fiscal year next succeeding the month in which the\nstate lottery regular account has accumulated at least the minimum\namount payments required to be paid during such year pursuant to\nsubdivision four of this section and thereafter during such fiscal year,\non or before the twentieth day of each succeeding month.\n 6. All moneys available in any fiscal year in such fund for the\npurposes specified in clauses (ii) and (iii) of subdivision three of\nthis section shall be deposited not later than the last day of each\nmonth in the general fund to the credit of the state purposes fund or\nthe local assistance fund or both in such percentages as may be\ndetermined by the director of the budget, to be used only for the\npurposes and in the manner specified in such clauses (ii) and (iii).\n 7. In no fiscal year shall the total amount paid from the fund for\nexpenses of the lottery, exclusive of expenditures for machines or other\ncapital equipment which the division of the lottery is authorized to\npurchase for the operation of the lottery, exceed an amount which, when\nadded to any amount retained by lottery sales agents as compensation for\ntheir services, equals fifteen percent of the total amount for which\nlottery tickets are sold during such fiscal year.\n 8. All payments from the fund for expenses of the lottery, including\nexpenses for personal service, shall be made on the audit and warrant of\nthe comptroller on vouchers approved by the director of the division of\nthe lottery.\n