AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in support matters generally,
3providing for gaming winnings intercept.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 23 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 4307.1. Gaming winnings intercept.

9(a) General rule.--In the case of any person who plays a
10slot machine or table game authorized under 4 Pa.C.S. Pt. 2
11(relating to gaming) and is entitled to be paid gaming winnings
12of more than $500 in cash or cash equivalents by a slot machine
13licensee, the slot machine licensee shall notify the Department
14of Revenue and the Department of Revenue shall request the
15department to make all reasonable efforts to determine if the
16person is a delinquent support obligor prior to the slot machine
17licensee making any gaming winnings payment. If the person is so
18found, the amount of any arrearages shall be deducted from the

1amount of gaming winnings and paid to the obligee in the manner
2provided in this title for the administration of support
3payments.

4(b) Duties of department.--The department:

5(1) Shall conduct a search periodically of the
6following:

7(i) Its records relative to the Title IV-D Program.

8(ii) Any information received from county domestic
9relations offices relative to arrearages of court-ordered
10child support.

11(iii) Any information received from states with
12reciprocal enforcement of child support relative to
13arrearages of court-ordered child support.

14(2) Shall furnish the Department of Revenue with the
15following information:

16(i) The department identifier.

17(ii) The obligor's full name and Social Security
18number.

19(iii) The amount of the arrearage and the identifier
20of the court order which underlies it.

21(3) Shall request the slot machine licensee, through the
22Department of Revenue, to withhold from a gaming winner the
23amount of any arrearage discovered pursuant to the provisions
24of paragraph (1).

25(4) Shall request the slot machine licensee, through the
26Department of Revenue, to pay over, whether in a lump sum or
27by installment, to the department that part of the prize
28which satisfies this arrearage and:

29(i) Deduct from the amount received from the
30Department of Revenue any amount assigned to the

1department.

2(ii) Pay over to the domestic relations section for
3distribution to the obligee of the child support court
4order the amount of gaming winnings which satisfies the
5arrearage owed to the obligee. This payment shall be made
6within 30 days of the date when the gaming winnings are
7withheld.

8(5) May, if gaming winnings are insufficient to satisfy
9the arrearages owed under the child support order, proceed as
10follows:

11(i) It may collect as provided by law.

12(ii) It may reinitiate the procedures set forth in
13this section if the obligor wins subsequent gaming
14winnings of $500 or more in cash or cash equivalents.

15(6) Shall determine and set a fee which reflects the
16actual costs it and the Department of Revenue incur to
17administer this section, submit this calculation to the
18Department of Revenue for its approval, request the
19Department of Revenue to deduct the calculated amount from
20the amount to be paid to the gaming winner after the gaming
21winner's child support obligation has been fully satisfied
22and request that the deducted amount be divided between both
23departments based on the administrative expenses incurred by
24each.

25(7) Shall, within 30 days of the date the gaming
26winnings were won:

27(i) Award the gaming winner the winnings in whole or
28in part.

29(ii) If applicable, notify the gaming winner that
30the gaming winnings or a portion thereof was used to

1satisfy arrearages owed for court-ordered child support.

2(c) Notice.--The domestic relations section shall send a
3one-time notice to all obligors of existing orders informing
4them that arrearages may be intercepted as provided by this
5section.

6(d) Right to review.--A gaming winner whose game winnings
7are used to satisfy an obligation under this section may appeal
8to the department in accordance with 2 Pa.C.S. (relating to
9administrative law and procedure). The appeal shall be filed
10within 30 days after the gaming winner is notified by the
11Department of Revenue that the gaming winnings have been reduced
12or totally withheld to satisfy the gaming winner's outstanding
13arrearages for child support and related obligations.

14(e) Rules and regulations.--The Department of Revenue and
15the department shall, in the manner provided by law, jointly
16promulgate the rules and regulations necessary to carry out this
17section.

18Section 2. This act shall take effect in 60 days.