PRINTER'S NO. 1637
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1243
Session of
2015
INTRODUCED BY KINSEY, J. HARRIS, MILLARD, ROZZI, SCHREIBER,
PASHINSKI, D. COSTA, MURT, DONATUCCI AND YOUNGBLOOD,
MAY 28, 2015
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MAY 28, 2015
AN ACT
Amending the act of August 26, 1971 (P.L.351, No.91), entitled
"An act providing for a State Lottery and administration
thereof; authorizing the creation of a State Lottery
Commission; prescribing its powers and duties; disposition of
funds; violations and penalties therefor; exemption of prizes
from State and local taxation and making an appropriation,"
in State lottery, further providing for assignability of
prizes drawn and providing for withholding prize winnings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306(f) of the act of August 26, 1971
(P.L.351, No.91), known as the State Lottery Law, is amended by
adding a paragraph to read:
Section 306. Assignability of prizes drawn.
* * *
(f) Assignment limitation.--Notwithstanding any other
provision of this section, no prizewinner shall have the right
to assign prize payments upon:
* * *
(3) The withholding of prize winnings by the secretary
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in accordance with section 306.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 306.1. Withholding prize winnings.
(a) Withholding prize winnings.--
(1) The right of any person to a prize drawn shall be
withheld by the secretary if it is determined that the prize
winner of a jackpot prize, annuity prize or any other prize
of $2,500 or more is subject to registration under 42 Pa.C.S.
§ 9799.13 (relating to applicability).
(2) The authority of the secretary to withhold prize
winnings in accordance with paragraph (1) shall extend for a
six-month period beginning on the date the prize winner
presents the ticket or share to claim prize winnings.
(b) Release of winnings.--
(1) The secretary may release prize winnings withheld in
accordance with subsection (a) before the expiration of the
six-month period if the person who is the prize winner
provides documentation from the court verifying that he has
paid fully all restitution, reparations, fees, costs, fines
and penalties in accordance with 42 Pa.C.S. Ch. 97 Subch. C
(relating to sentencing alternatives).
(2) If the secretary determines that a person who is a
prize winner and who is subject to registration pursuant to
42 Pa.C.S. § 9799.13 has an arrangement with the court to pay
restitution, reparations, fees, costs, fines and penalties in
installment payments, is delinquent in making such
installment payments or is in default in the payment of
restitution, reparation, fees, costs, fines and penalties,
the secretary shall withhold payment of prize winnings to the
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person and forward the prize winnings to the court or other
issuing authority for credit to the person's outstanding or
unpaid restitution, fines and costs and other such court
ordered obligations imposed after conviction in accordance
with 42 Pa.C.S. Ch. 97 Subch. C.
(3) The amount of any prize winnings remaining after
payment of a prize winner's court-ordered obligations shall
be immediately paid to the prize winner.
(4) The six-month period under subsection (a) may be
extended for an additional six months if the secretary
determines that circumstances exist to warrant such
additional time.
(c) Duties of the secretary.--It shall be the duty of the
secretary to:
(1) Modify the State Lottery's prize claim form to
include a statement and check-off box which a prize winner
may use to disclose whether the prize winner is subject to
registration under 42 Pa.C.S. § 9799.13.
(2) The statement required under paragraph (1) shall:
(i) be conspicuously located above the form's
signature line; and
(ii) be in 16-point boldface font type in a form
similar to the following:
If you are a registered sex offender under 42
Pa.C.S. Ch. 97 Subch. H (relating to registration
of sexual offenders), all or a portion of your
prize winning may be withheld to pay any
outstanding or delinquent court ordered
obligations. If you fail to disclose your
registration status or provide false information,
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you will be subject to prosecution.
(I) I am a registered sex offender in (name
of county) .
(II) I am not a registered sex offender .
(3) Collaborate with the Administrative Office of
Pennsylvania Courts to develop a process or procedure to
ensure that, upon sentencing, all judgments for court ordered
obligations imposed upon a person subject to registration
under 42 Pa.C.S. § 9799.13 are transmitted to the Department
of Revenue.
(4) Implement procedures to ensure that the information
transmitted to it in accordance with paragraph (2) is used to
identify persons subject to registration under 42 Pa.C.S. §
9799.13.
(d) Penalty.--
(1) A person subject to registration under 42 Pa.C.S. §
9799.13 who knowingly fails to disclose the person's
registration status in accordance with this section commits a
misdemeanor of the second degree.
(2) A person who, with the intent to mislead, falsifies
a claim form by indicating that the person is not subject to
registration under 42 Pa.C.S. § 9799.13 shall be subject to
prosecution under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
(e) Definition.--As used in this section, the term "court-
ordered obligation" shall mean any restitution, reparation,
fees, costs, fines and penalties imposed by the court in
accordance with 42 Pa.C.S. Ch. 97 Subch. C.
Section 3. This act shall take effect in 60 days.
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