§ 1613-B — Crediting of lottery prizes against public assistance benefits

§ 1613-b. Crediting of lottery prizes against public assistance\nbenefits. (1) Notwithstanding any limitations in section one hundred\nfour of the social services law, the director of the lottery, on behalf\nof the division of the lottery, shall enter into a written agreement\nwith the commissioner of the office of temporary and disability\nassistance, on behalf of the office of temporary and disability\nassistance, which shall set forth the procedures for crediting any\nlottery prize of six hundred dollars or more awarded to an individual\nagainst any and all public assistance benefits which were given to or on\nbehalf of such individual within a period of up to ten years prior to\nthe issuance of such prize of which the director of the lottery has been\nnotified by the commissioner of the office of temporary and disability\nassistance pursuant to the provisions of such agreement; provided,\nhowever, that in no event shall such credit to the office of temporary\nand disability assistance exceed fifty percent of any such lottery prize\nand provided further that, unless otherwise determined cost effective by\nthe commissioner of the office of temporary and disability assistance\nand the director of the lottery such procedure shall be required only to\nthe extent that and with respect to periods for which it can be effected\nthrough automated type match.\n (2) Such agreement shall include: (a) the procedure under which the\noffice of temporary and disability assistance and the division of the\nlottery shall exchange information concerning lottery winnings and\npersons liable for receipt of public assistance within the previous ten\nyears;\n (b) subject to the approval of the director of the budget the\nprocedure for reimbursement of the division of the lottery by the office\nof temporary and disability assistance for the additional cost of\ncarrying out the procedures authorized by this section;\n (c) provision for crediting lottery prizes to past-due support in\naccordance with subdivisions ten and eleven of section one hundred\neleven-b of the social services law prior to effecting any such credit\nagainst public assistance; and\n (d) such other matters as the parties to such agreement shall deem\nnecessary to carry out the provisions of this section.\n (3) Prior to awarding any lottery prize of six hundred dollars or\nmore, the division of the lottery shall review the notice of liability\nof public assistance benefits paid provided by the office of temporary\nand disability assistance. For each lottery prize winner identified on\nsuch notice as an individual, who is receiving or has received, within\nthe last ten years, public assistance benefits, the lottery division\nshall credit to the office of temporary and disability assistance such\namount of the prize to satisfy the amount of public assistance benefits\nindicated as received within the previous ten years, and any remainder\nshall be awarded to the prize winner; provided, however, that in no\nevent shall such credit to the office of temporary and disability\nassistance exceed fifty percent of any such lottery prize.\n (4) The division of the lottery shall certify to the comptroller the\ntotal amount of the lottery prize winning to be credited against public\nassistance benefits owed to the state and the remainder of such prize\nwinning to be awarded to the prize winner.\n (5) The division of the lottery shall notify the prize winner in\nwriting of the total amount of the lottery prize winning to be credited\nagainst public assistance benefits and the remainder of such prize\nwinning to be awarded to the prize winner. Such notice shall further\nadvise the prize winner that the office of temporary and disability\nassistance shall provide separate notice, in writing, to the prize\nwinner of the procedure for and time frame by which the prize winner may\ncontest such crediting.\n (6) The office of temporary and disability assistance shall notify the\nprize winner in writing, of the amount of such prize winning to be\ncredited against public assistance benefits and the procedure and time\nframe by which the prize winner may contest such crediting. Such\nprocedure shall include the address and telephone number of the office\nof temporary and disability assistance and who the prize winner may\ncontact with respect to correction of any error in such crediting\nconcerning such individual's liability for public assistance benefits or\nwith respect to payment of such liability.\n (7) From the time the division of the lottery is notified by the\noffice of temporary and disability assistance of an individual's\nliability for public assistance benefits under the agreement provided\nfor in this section, the division of the lottery shall be relieved from\nall liability to such individual, their assigns, successors, heirs or\nrepresentatives for the amount of any lottery prize winning of six\nhundred dollars or more certified to the comptroller to be credited\nagainst public assistance benefits and such individual shall have no\nright to commence a court action or proceeding or to any other legal\nrecourse against the division of the lottery to recover such lottery\nwinnings certified to the comptroller to be credited against public\nassistance benefits. Provided, however, nothing herein shall be\nconstrued to prohibit such individual from proceeding against the office\nof temporary and disability assistance to recover that part of such\nlottery winnings thereon so certified to the comptroller to be credited\nagainst public assistance benefits which is greater than the amount of\npublic assistance benefits paid to such individual within ten years of\nthe date of such certification.\n (8) The division of the lottery shall promulgate such rules and\nregulations as it deems necessary to carry out the provisions of this\nsection.\n