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Regular Session, 2010
SENATE BILL NO. 53
BY SENATOR N. GAUTREAUX
CHILDREN. Provides procedures to intercept and withhold certain casino winnings for
child support arrearages or overpayments owed to Department of Social Services. (gov sig)
AN ACT1
To amend and reenact R.S. 46:236.15(D)(1)(a), and to enact R.S. 27:2(C) and (D) and2
24(A)(5), relative to support; to provide for public policy regarding gaming and child3
support; to provide for the intercept and seizure of payments of progressive slot4
machine annuities and cash gaming winnings for the payment of child support and5
overpayments to the department; to provide certain procedures and conditions; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 27:2(C) and (D) and 24(A)(5) are hereby enacted to read as follows:9
§2. Public policy of state concerning gaming; status of licenses, contracts, and10
permits11
* * *12
C. The legislature further finds and declares it to be the public policy of13
the state that parents should provide financial support to their minor children14
who cannot care for themselves. Thus, intervention by the state, through the15
enforcement of child support orders and the collection of child support, is in the16
best interest of its citizens and is necessary when the parents fail to meet their17 SB NO. 53
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support obligations. Since children are adversely affected when parents who1
have outstanding support obligations divert their financial support to gaming,2
a parent's winnings from money diverted from a child's support should be3
applied to the parent's outstanding support obligations. The legislature further4
finds and declares that this policy is consistent with the public policy of5
protecting the general welfare of the state's people.6
D. In accordance with this finding, the Department of Social Services7
shall report to the joint committees on Civil Law and Procedure and Judiciary8
A, no later than fifteen days following the commencement of the regular9
legislative session each year, on the interception and seizure of gaming winnings10
for the payment of child support and overpayments owed to the department.11
This report shall be a public record and shall include but not be limited to the12
number of jackpots intercepted pursuant to this Section and the amount of each13
jackpot intercepted.14
* * *15
§24. Rulemaking authority; fees and fines, collection16
A. The board, in accordance with the Administrative Procedure Act and R.S.17
27:15(B)(8), shall promulgate all rules and regulations necessary to carry out the18
provisions of this Title, including but not limited to the following:19
* * *20
(5) A procedure requiring the withholding of payments of progressive21
slot machine annuities and cash gaming winnings of persons who have22
outstanding child support arrearages or owing child support overpayments,23
prior to the payment of a progressive slot machine annuity, beginning with the24
second annuity payment, or cash gaming winnings. Progressive slot machine25
annuities or cash gaming winnings shall only include payments for which the26
entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the27
Louisiana Revised Statutes of 1950, is required to file form W2-G, or a28
substantially equivalent form, with the United States Internal Revenue Service.29 SB NO. 53
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(a) The board may require that the agency reporting current child1
support arrearages or overpayments to provide information relating to such2
arrearages or overpayments in a manner, format, or record approved by the3
board that gives the entity licensed or permitted under Chapters 1, 4, 5 or 7 of4
Title 27 of the Louisiana Revised Statutes of 1950, real-time or immediate5
electronic database access to the information. If the information relating to such6
arrearages or overpayments by the agency reporting current child support7
arrearages or overpayments is not available through real-time or immediate8
electronic database access, the licensee shall not be responsible for withholding9
cash gaming winnings in accordance with the provisions of this Subparagraph.10
(b) The board or any entity licensed or permitted under Chapters 1, 4,11
5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including any of its12
officers, employees, attorneys, accountants, or other agents, shall not be civilly13
or criminally liable to any person, including any customer, for any disclosure14
of information made in accordance with this Section, for encumbering or15
surrendering assets in response to information provided by the Department of16
Social Services, or for any claims for damages arising from withholding or17
failing to withhold any progressive slot machine annuities or cash gaming18
winnings, based upon information provided to it.19
(c) If any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title20
27 of the Louisiana Revised Statutes of 1950, determines that the winner of a21
progressive slot machine annuity or cash gaming winnings is a person who has22
outstanding child support arrearages or owes child support overpayments, the23
entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the24
Louisiana Revised Statutes of 1950, shall deduct the child support arrearage or25
child support overpayment from the payment of the progressive slot machine26
annuity or cash gaming winnings. The deducted amount shall be forwarded to27
the Department of Social Services within seven days and the entity licensed or28
permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised29 SB NO. 53
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Statutes of 1950, shall pay the remainder to the person who has outstanding1
child support arrearages or owes child support overpayments. If the remainder2
is equal to or less than zero, the person who has an outstanding child support3
arrearage or child support overpayment shall not receive a payment.4
(d) Any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title5
27 of the Louisiana Revised Statutes of 1950, may deduct an administrative fee6
from each payment of a progressive slot machine annuity, beginning with the7
second annuity payment, or cash gaming winnings, of persons who have8
outstanding child support arrearages or owe child support overpayments per9
singular or periodic payment, not to exceed thirty-five dollars.10
(e) The board shall also require that the entity licensed or permitted11
under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of12
1950, adopt procedures designed to prevent employees from willfully failing to13
withhold payments of progressive slot machine annuities or cash gaming14
winnings from persons who have outstanding child support arrearages or child15
support overpayments, based upon the information provided by the16
Department of Social Services that allows the licensee to identify such persons.17
(f) The board shall enact such rules and regulations in accordance with18
the provisions of this Subparagraph by January 1, 2011.19
* * *20
Section 2. R.S. 46:236.15(D)(1)(a) is hereby amended and reenacted to read as21
follows:22
§236.15. Limited administrative authority for certain paternity and child support23
actions24
* * *25
D. Authority to seize and intercept.26
(1) In cases in which there is a child support arrearage or child support27
overpayment made to a custodial parent, and after notice of such arrearage or28
overpayment has been made by certified or regular mail, personal service, or29 SB NO. 53
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domiciliary service, the agency shall have the administrative authority to:1
(a) Intercept, encumber, freeze, or seize periodic or lump sum payments from2
a state or local agency or any entity licensed or permitted by any state agency or3
board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of4
1950, including but not limited to unemployment compensation benefits, workers'5
compensation, and other benefits, judgments, settlements, lottery winnings,6
progressive slot machine annuities beginning with the second annuity payment, cash7
gaming winnings, assets held in financial institutions, and public and private8
retirement funds. The provisions of R.S. 13:3881 providing general exemptions from9
seizure are applicable to the provisions of this Subparagraph. After the agency10
encumbers, intercepts, or freezes any assets set out in this Subsection, it shall notify11
the payor that he has thirty days to advise the agency that he wishes to appeal the12
seizing of said assets. Upon receipt of such notice, the agency shall either release the13
property or schedule a hearing with the appropriate court. If the payor fails to file an14
appeal within thirty days, the agency may institute proceedings through15
administrative process to seize or sell the property in accordance with state law.16
* * *17
Section 3. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Angela Lockett De Jean.
DIGEST
N. Gautreaux (SB 53)
Present law provides for the withholding of payments and annuities to persons who have
outstanding child support arrearages or child support overpayments, but limits the
administrative authority solely to progressive slot machines.
Proposed law authorizes DSS to intercept and seize certain gaming winnings for the payment
of child support and overpayments owed to the department. SB NO. 53
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Proposed law authorizes Gaming Control Board to adopt rules establishing a procedure
requiring the withholding by licensed entities of payments and progressive slot machine
annuities and cash gaming winnings of persons who have outstanding child support
arrearages or owing child support overpayme nts, on payments for which the entity is
required to file form W2-G with the Internal Revenue Service. Further provides that the
board may require the agency reporting current child support arrearages or overpayments
to provide real-time or immediate electronic database access by the licensed entity to such
information for the purposes of the proposed law and, if the agency does not, the entity shall
not be responsible for withholding cash gaming winnings.
Proposed law provides immunity from liability for disclosure of information under the
proposed law.
Proposed law provides for deduction of the child support arrearage or overpayment from the
payment of the progressive slot machine annuity or cash gaming winnings, with the deducted
amount being forwarded to DSS within seven days and payment of the remainder to the
person who has outstanding child support arrearages or owes child support overpayments.
If the remainder is equal to zero, no payment shall be made. Also provides for an
administrative fee by the entity, not to exceed $35.00.
Proposed law provides that board shall enact such rules and regulations by January 1, 2011.
Proposed law authorizes DSS to intercept and seize casino winnings over $1,200 from
individuals in arrears in support or owing overpayments to the department.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 46:236.15(D)(1)(a); adds R.S. 27:2(C) and (D) and 24(A)(5))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Clarifies that the board may require the agency reporting current child
support arrearages or overpayments to provide real-time or immediate
electronic database access.
2. Clarifies that immunity from liability for disclosure of information includes
any claims for damages arising from withholding or failing to withhold any
progressive slot machine annuities or cash gaming winnings.
3. Requires the deducted amount of the child support arrearage or overpayment
from the payment of the progressive slot machine annuity or cash gaming
winnings to be forwarded to DSS within seven days.