N.Y. State Finance Law § 97-nnnn: Commercial gaming revenue fund

§ 97-nnnn. Commercial gaming revenue fund. 1. There is hereby

established in the joint custody of the comptroller and the commissioner

of taxation and finance an account in the miscellaneous special revenue

fund to be known as the "commercial gaming revenue fund".

2. Such account shall consist of all revenues received from the gaming

commission pursuant to paragraphs (a), (b), (c), (d) and (e) of

subdivision one of section thirteen hundred fifty-two of the racing,

pari-mutuel wagering and breeding law.

3. Moneys of the account shall be available as follows, unless

otherwise specified by the upstate New York gaming economic development

act of two thousand thirteen, following appropriation by the

legislature:

a. eighty percent of the moneys in such fund shall be appropriated or

transferred only for elementary and secondary education or real property

tax relief.

b. ten percent of the moneys in such fund, as attributable to a

specific licensed gaming facility, shall be appropriated or transferred

from the commercial gaming revenue fund equally between the host

municipality and host county of such facility.

c. ten percent of the moneys in such fund, as attributable to a

specific licensed gaming facility, shall be appropriated or transferred

from the commercial gaming revenue fund among counties within the

region, as defined by section one thousand three hundred ten of the

racing, pari-mutuel wagering and breeding law, hosting said facility for

the purpose of real property tax relief and for education assistance.

Such distribution shall be made among the counties on a per capita

basis, subtracting the population of host municipality and county.

4. Notwithstanding the foregoing, monies received pursuant to:

a. sections one thousand three hundred forty-five and one thousand

three hundred forty-eight of the racing, pari-mutuel wagering and

breeding law shall be exclusively appropriated to the office of

alcoholism and substance abuse services to be used for problem gambling

education and treatment purposes.

b. section one thousand three hundred forty-nine of the racing,

pari-mutuel wagering and breeding law shall be exclusively appropriated

to the commission for regulatory investigations.

c. section one thousand three hundred fifty of the racing, pari-mutuel

wagering and breeding law shall be exclusively appropriated to the

commission for costs regulation.

5. a. Moneys appropriated from the fund for the two thousand

fourteen--two thousand fifteen and two thousand fifteen--two thousand

sixteen school years, for the purposes of providing aid pursuant to

paragraph a of subdivision three of this section shall be apportioned

and paid by the education department on or after April first, two

thousand fifteen.

b. Each school district eligible to receive total foundation aid

pursuant to section thirty-six hundred two of the education law shall

receive a commercial gaming grant in an amount equal to the product of

the amount of the appropriation of such commercial gaming grants for the

current state fiscal year multiplied by the district's commercial gaming

ratio. The "commercial gaming 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 fifteen, 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-h of the education law.

6. Notwithstanding any provision of this section to the contrary, any

money deposited into this fund pursuant to section thirteen hundred

fifty-two of the racing, pari-mutuel wagering and breeding law shall be

distributed as specified in that section.