§ 1613-b. Crediting of lottery prizes against public assistance
benefits. (1) Notwithstanding any limitations in section one hundred
four of the social services law, the director of the lottery, on behalf
of the division of the lottery, shall enter into a written agreement
with the commissioner of the office of temporary and disability
assistance, on behalf of the office of temporary and disability
assistance, which shall set forth the procedures for crediting any
lottery prize of six hundred dollars or more awarded to an individual
against any and all public assistance benefits which were given to or on
behalf of such individual within a period of up to ten years prior to
the issuance of such prize of which the director of the lottery has been
notified by the commissioner of the office of temporary and disability
assistance pursuant to the provisions of such agreement; provided,
however, that in no event shall such credit to the office of temporary
and disability assistance exceed fifty percent of any such lottery prize
and provided further that, unless otherwise determined cost effective by
the commissioner of the office of temporary and disability assistance
and the director of the lottery such procedure shall be required only to
the extent that and with respect to periods for which it can be effected
through automated type match.

(2) Such agreement shall include: (a) the procedure under which the
office of temporary and disability assistance and the division of the
lottery shall exchange information concerning lottery winnings and
persons liable for receipt of public assistance within the previous ten
years;

(b) subject to the approval of the director of the budget the
procedure for reimbursement of the division of the lottery by the office
of temporary and disability assistance for the additional cost of
carrying out the procedures authorized by this section;

(c) provision for crediting lottery prizes to past-due support in
accordance with subdivisions ten and eleven of section one hundred
eleven-b of the social services law prior to effecting any such credit
against public assistance; and

(d) such other matters as the parties to such agreement shall deem
necessary to carry out the provisions of this section.

(3) Prior to awarding any lottery prize of six hundred dollars or
more, the division of the lottery shall review the notice of liability
of public assistance benefits paid provided by the office of temporary
and disability assistance. For each lottery prize winner identified on
such notice as an individual, who is receiving or has received, within
the last ten years, public assistance benefits, the lottery division
shall credit to the office of temporary and disability assistance such
amount of the prize to satisfy the amount of public assistance benefits
indicated as received within the previous ten years, and any remainder
shall be awarded to the prize winner; provided, however, that in no
event shall such credit to the office of temporary and disability
assistance exceed fifty percent of any such lottery prize.

(4) The division of the lottery shall certify to the comptroller the
total amount of the lottery prize winning to be credited against public
assistance benefits owed to the state and the remainder of such prize
winning to be awarded to the prize winner.

(5) The division of the lottery shall notify the prize winner in
writing of the total amount of the lottery prize winning to be credited
against public assistance benefits and the remainder of such prize
winning to be awarded to the prize winner. Such notice shall further
advise the prize winner that the office of temporary and disability
assistance shall provide separate notice, in writing, to the prize
winner of the procedure for and time frame by which the prize winner may
contest such crediting.

(6) The office of temporary and disability assistance shall notify the
prize winner in writing, of the amount of such prize winning to be
credited against public assistance benefits and the procedure and time
frame by which the prize winner may contest such crediting. Such
procedure shall include the address and telephone number of the office
of temporary and disability assistance and who the prize winner may
contact with respect to correction of any error in such crediting
concerning such individual's liability for public assistance benefits or
with respect to payment of such liability.

(7) From the time the division of the lottery is notified by the
office of temporary and disability assistance of an individual's
liability for public assistance benefits under the agreement provided
for in this section, the division of the lottery shall be relieved from
all liability to such individual, their assigns, successors, heirs or
representatives for the amount of any lottery prize winning of six
hundred dollars or more certified to the comptroller to be credited
against public assistance benefits and such individual shall have no
right to commence a court action or proceeding or to any other legal
recourse against the division of the lottery to recover such lottery
winnings certified to the comptroller to be credited against public
assistance benefits. Provided, however, nothing herein shall be
construed to prohibit such individual from proceeding against the office
of temporary and disability assistance to recover that part of such
lottery winnings thereon so certified to the comptroller to be credited
against public assistance benefits which is greater than the amount of
public assistance benefits paid to such individual within ten years of
the date of such certification.

(8) The division of the lottery shall promulgate such rules and
regulations as it deems necessary to carry out the provisions of this
section.