Section 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 pupil units for the base year 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 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.