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Regular Session, 2010 ENROLLED
SENATE BILL NO. 53
BY SENATORS N. GAUTREAUX AND WALSWORTH AND REPRESENTATIVES
ARNOLD, BOBBY BADON, BALDONE, BARRAS, HENRY BURNS,
TIM BURNS, CARMODY, CARTER, CHAMPAGNE, CORTEZ,
GISCLAIR, HAZEL, HENDERSON, HI NES, HOFFMANN,
HOWARD, HUTTER, JOHNSON, SAM JONES, LABRUZZO,
LANDRY, LIGI, LORUSSO, MILLS, MORENO, NORTON, NOWLIN,
PEARSON, PERRY, POPE, RICHARDSON, RITCHIE, SMILEY,
GARY SMITH, JANE SMITH, TALBOT, TEMPLET, WHITE AND
WILLMOTT
AN ACT1
To amend and reenact R.S. 46:236.15(D)(1)(introductory paragraph) and (a), and to enact2
R.S. 27:2(C) and (D) and 24(A)(5), relative to support; to provide for public policy3
regarding gaming and child support; to provide for the intercept and seizure of4
payments of progressive slot machine annuities and cash gaming winnings for the5
payment of child support and overpayments to the department; to provide certain6
procedures and conditions; and 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
support obligations. Since children are adversely affected when parents who18
have outstanding support obligations divert their financial support to gaming,19
a parent's winnings from money diverted from a child's support should be20
applied to the parent's outstanding support obligations. The legislature further21
finds and declares that this policy is consistent with the public policy of22
protecting the general welfare of the state's people.23
ACT No. 425 SB NO. 53 ENROLLED
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D. In accordance with this finding, the Department of Social Services1
shall report to the joint committees on Civil Law and Procedure and Judiciary2
A, no later than fifteen days following the commencement of the regular3
legislative session each year, on the interception and seizure of gaming winnings4
for the payment of child support and overpayments owed to the department.5
This report shall be a public record and shall include but not be limited to the6
number of jackpots intercepted pursuant to this Section and the amount of each7
jackpot intercepted.8
* * *9
§24. Rulemaking authority; fees and fines, collection10
A. The board, in accordance with the Administrative Procedure Act and R.S.11
27:15(B)(8), shall promulgate all rules and regulations necessary to carry out the12
provisions of this Title, including but not limited to the following:13
* * *14
(5) A procedure requiring the withholding of payments of progressive15
slot machine annuities and cash gaming winnings of persons who have16
outstanding child support arrearages or owing child support overpayments,17
prior to the payment of a progressive slot machine annuity, beginning with the18
second annuity payment, or cash gaming winnings. Progressive slot machine19
annuities or cash gaming winnings shall only include payments for which the20
entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the21
Louisiana Revised Statutes of 1950, is required to file form W2-G, or a22
substantially equivalent form, with the United States Internal Revenue Service.23
(a) The board may require that the agency reporting current child24
support arrearages or overpayments to provide information relating to such25
arrearages or overpayments in a manner, format, or record approved by the26
board that gives the entity licensed or permitted under Chapters 1, 4, 5 or 7 of27
Title 27 of the Louisiana Revised Statutes of 1950, real-time or immediate28
electronic database access to the information. If the information relating to such29
arrearages or overpayments by the agency reporting current child support30 SB NO. 53 ENROLLED
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arrearages or overpayments is not available through real-time or immediate1
electronic database access, the licensee shall not be responsible for withholding2
cash gaming winnings in accordance with the provisions of this Subparagraph.3
(b) The board or any entity licensed or permitted under Chapters 1, 4,4
5 or 7 of Title 27 of the Louisiana Revised Statutes of 1950, including any of its5
officers, employees, attorneys, accountants, or other agents, shall not be civilly6
or criminally liable to any person, including any customer, for any disclosure7
of information made in accordance with this Section, for encumbering or8
surrendering assets in response to information provided by the Department of9
Social Services, or for any claims for damages arising from withholding or10
failing to withhold any progressive slot machine annuities or cash gaming11
winnings, based upon information provided to it.12
(c) If any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title13
27 of the Louisiana Revised Statutes of 1950, determines that the winner of a14
progressive slot machine annuity or cash gaming winnings is a person who has15
outstanding child support arrearages or owes child support overpayments, the16
entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title 27 of the17
Louisiana Revised Statutes of 1950, shall deduct the child support arrearage or18
child support overpayment from the payment of the progressive slot machine19
annuity or cash gaming winnings. The deducted amount shall be forwarded to20
the Department of Social Services within seven days and the entity licensed or21
permitted under Chapters 1, 4, 5 or 7 of Title 27 of the Louisiana Revised22
Statutes of 1950, shall pay the remainder to the person who has outstanding23
child support arrearages or owes child support overpayments. If the remainder24
is equal to or less than zero, the person who has an outstanding child support25
arrearage or child support overpayment shall not receive a payment.26
(d) Any entity licensed or permitted under Chapters 1, 4, 5 or 7 of Title27
27 of the Louisiana Revised Statutes of 1950, may deduct an administrative fee28
from each payment of a progressive slot machine annuity, beginning with the29
second annuity payment, or cash gaming winnings, of persons who have30 SB NO. 53 ENROLLED
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outstanding child support arrearages or owe child support overpayments per1
singular or periodic payment, not to exceed thirty-five dollars.2
(e) The board shall also require that the entity licensed or permitted3
under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of4
1950, adopt procedures designed to prevent employees from willfully failing to5
withhold payments of progressive slot machine annuities or cash gaming6
winnings from persons who have outstanding child support arrearages or child7
support overpayments, based upon the information provided by the8
Department of Social Services that allows the licensee to identify such persons.9
(f) Not later than January 1, 2011, the board shall institute rulemaking10
procedures as necessary to implement the provisions of this Paragraph.11
* * *12
Section 2. R.S. 46:236.15(D)(1)(introductory paragraph) and (a) is hereby amended13
and reenacted to read as follows:14
§236.15. Limited administrative authority for certain paternity and child support15
actions16
* * *17
D. Authority to seize and intercept.18
(1) In cases in which there is a child support arrearage or child support19
overpaymen t made to a custodial parent, and after notice of such arrearage or20
overpayment has been made by certified or regular mail, personal service, or21
domiciliary service, the agency shall have the administrative authority to:22
(a) Intercept, encumber, freeze, or seize periodic or lump sum payments from23
a state or local agency or any entity licensed or permitted by any state agency or24
board under Chapters 1, 4, 5, or 7 of Title 27 of the Louisiana Revised Statutes of25
1950, including but not limited to unemployment compensation benefits, workers'26
compensation, and other benefits, judgments, settlements, lottery winnings,27
progressive slot machine annuities beginning with the second annuity payment, cash28
gaming winnings, assets held in financial institutions, and public and private29
retirement funds. The provisions of R.S. 13:3881 providing general exemptions from30 SB NO. 53 ENROLLED
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seizure are applicable to the provisions of this Subparagraph. After the agency1
encumbers, intercepts, or freezes any assets set out in this Subsection, it shall notify2
the payor that he has thirty days to advise the agency that he wishes to appeal the3
seizing of said assets. Upon receipt of such notice, the agency shall either release the4
property or schedule a hearing with the appropriate court. If the payor fails to file an5
appeal within thirty days, the agency may institute proceedings through6
administrative process to seize or sell the property in accordance with state law.7
* * *8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: