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 of 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 and to
assume the obligation of payment of certain services in order to collect delinquent debt.
Present law authorizes the La. Gaming Control Board (hereinafter "board") or any licensed or
permitted gaming entity to deduct an administrative fee from each payment of progressive slot
machine annuities or cash gaming winnings in accordance with present law of persons who have
outstanding child support arrearages or owe child support overpayments.
Proposed law retains present law but extends the authority to deduct an administrative fee from
each payment of progressive slot machine annuities or cash gaming winnings pursuant to a
request by the office of debt recovery. However, the board or gaming entity shall not withhold
more than one administrative fee on such annuities or cash winnings.
Present law provides for immunity from civil or criminal liability for the board or any licensed or permitted gaming entity 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.
Proposed law retains present law but extends the civil or criminal immunity of the board or any
licensed or permitted gaming entity or from claims for damages when the disclosure of
information or withholding of such annuities or winnings is done pursuant to a request by the
office of debt recovery.
Proposed law prohibits the office of debt recovery's claim relative to the offset or withholding of
payments from progressive slot machine annuities, cash gaming winnings, and lottery prizes
from priming the Dept. of Children and Family Services' claim under present law to any
payments of progressive slot machine annuities, cash gaming winnings, or lottery prizes.
Present law requires the board to promulgate rules and regulations providing for the withholding
of lottery prizes of persons who have outstanding child support arrearages.
Proposed law retains present law but requires the board to employ the same methods, procedures,
and parameters to withhold lottery prizes for persons who have delinquent debt which has been
assigned to the office of debt recovery for collection.
(Amends R.S. 47:1676(C)(2)(a) and (D)(1) and 9026; 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.
House Floor Amendments to the engrossed bill.
1. Changed the authority to deduct an administrative fee from each payment of a progressive slot machine annuity or cash gaming winning from the authority of the
office of debt recovery to deduct the administrative fee to the authority of the board or
any licensed or permitted gaming entity to withhold the administrative fee.
2. Added prohibition for the board or any licensed or permitted gaming entity from
withholding more than one administrative fee on slot machine annuities or cash
gaming winnings.
3. Changed the grant of 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
from the office of debt recovery to the board or any licensed or permitted gaming
entity.
4. Added the offset or withholding of payments by the Dept. of Children and Family
Services from lottery prizes to the claims that prime the claims of the office of debt
recovery to such payments.