S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          311
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. PERALTA, GALEF -- Multi-Sponsored by -- M. of A.
         BENJAMIN, PEOPLES, PERRY, THIELE,  TOWNS,  WRIGHT  --  read  once  and
         referred to the Committee on Ways and Means
       AN  ACT  to amend the state finance law, in relation to the proportional
         distribution of moneys realized from the state lottery
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 4 of section 92-c of the state finance law is
    2  amended by adding a new paragraph e to read as follows:
    3    E. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  THIS  SECTION,  ANY
    4  MONEYS  PAID IN SUPPORT OF ELEMENTARY OR SECONDARY EDUCATION PURSUANT TO
    5  THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO ANY MONEYS OTHER-
    6  WISE APPROPRIATED BY THE STATE FOR SUCH PURPOSES. ANY STATE  AID  OTHER-
    7  WISE  REQUIRED  OR  MADE  AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE
    8  SHALL BE CALCULATED AS IF THE PROVISIONS OF THIS SECTION AND THE  REVEN-
    9  UES MADE AVAILABLE BY THIS SECTION ARE NOT IN FORCE AND EFFECT.
   10    S  2.  Subdivision  7  of  section  92-c  of the state finance law, as
   11  amended by chapter 92 of the laws of 1976 and as renumbered  by  chapter
   12  913 of the laws of 1977, is amended to read as follows:
   13    7.  In  no  fiscal  year shall the total amount paid from the fund for
   14  expenses of the lottery, exclusive of expenditures for machines or other
   15  capital equipment which the division of the  lottery  is  authorized  to
   16  purchase  for the operation of the lottery, exceed an amount which, when
   17  added to any amount retained by lottery sales agents as compensation for
   18  their services, equals [fifteen] TEN percent of  the  total  amount  for
   19  which lottery tickets are sold during such fiscal year.
   20    S  3. Section 92-c of the state finance law is amended by adding a new
   21  subdivision 7-a to read as follows:
   22    7-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, IN NO
   23  FISCAL YEAR SHALL THE TOTAL AMOUNT PAID FROM  THE  FUND  IN  SUPPORT  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00059-01-9
       A. 311                              2
    1  ELEMENTARY  OR  SECONDARY  EDUCATION  PURSUANT TO THE PROVISIONS OF THIS
    2  SECTION BE LESS THAN FIFTY PER CENTUM OF  THE  TOTAL  AMOUNT  FOR  WHICH
    3  LOTTERY TICKETS ARE SOLD DURING SUCH FISCAL YEAR.
    4    S  4. This act shall take effect on the first of April next succeeding
    5  the date on which it shall have become a law.