DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Broadwater HB No. 236
Abstract: Authorizes the office of debt recovery to offset gaming winnings as a means to
collect delinquent debt owed to the state and deletes references to "participating political
subdivisions" within the authority of the office of debt recovery.
Present law charges the office of debt recovery and the attorney general's office with collecting
delinquent debts of state agencies which refer delinquent debts to them for collection. Further
provides for the general powers and authority of the office of debt recovery in collecting
delinquent debt that has become final and is 60 or more days past due.
Proposed law retains present law but deletes references to "participating political subdivisions"
from present law since the collection authority of the office of debt recovery does not extend to
the collection of delinquent debts owed to political subdivisions.
Present law authorizes the office of debt recovery to use any collection remedy authorized by
present law to collect delinquent taxes or any state agency's statutory collection authority to
collect the referring agency's delinquent debt, including the offset of tax refunds or other
accounts payable, suspension or denial of renewal of driver's licenses, and the suspension,
revocation, or denial of hunting and fishing licenses, or any type of professional license, permit,
or certification.
Proposed law retains present law but adds to the collection remedies the office of debt recovery
the authority to withhold, offset, levy, garnish, or seize payments of progressive slot machine
annuities and cash gaming winnings in the same manner set forth in present law.
Proposed law authorizes the office of debt recovery to assume the obligation of payment of
certain services in order to collect delinquent debt, to deduct an administrative fee from each
payment of a progressive slot machine annuity or cash gaming winnings in accordance with
present law, and to be immune from civil or criminal liability for the disclosure of certain
information or from any claims for damages arising from withholding or failing to withhold any
progressive slot machine annuities or cash gaming winnings in accordance with present law.
Proposed law prohibits the office of debt recovery's claim relative to the offset or withholding of
payments from progressive slot machine annuities and cash gaming winnings from priming the
Dept. of Children and Family Services' claim under present law to any payments of progressive
slot machine annuities or cash gaming winnings. (Amends R.S. 47:1676(C)(2)(a) and (D)(1); Adds R.S. 47:1676(D)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Ways and Means to the original
bill.
1. Added authority for the office of debt recovery to deduct an administrative fee from
each payment of a progressive slot machine annuity or cash gaming winning in
accordance with present law.
2. Added provision granting the office of debt recovery immunity from civil or criminal
liability for the disclosure of certain information or from any claims for damages
arising from withholding or failing to withhold any progressive slot machine annuities
or cash gaming winnings in accordance with present law.
3. Prohibited the office of debt recovery's claim relative to the offset or withholding of
payments from progressive slot machine annuities and cash gaming winnings from
priming the Dept. of Children and Family Services' claim under present law to such
payments.