§ 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 from all taxes and fees imposed by article thirteen of the racing, pari-mutuel wagering and breeding law; any interest and penalties imposed by the New York state gaming commission relating to those taxes; the percentage of the value of expired gaming related obligations; and all penalties levied and collected by the commission. Additionally, the state gaming commission shall pay into the account any appropriate funds, cash or prizes forfeited from gambling activity.

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.