Rhode Island 2023 Regular Session

Rhode Island House Bill H5968 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5968
6	6	========
7	7	LC002202
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE LOTTERY
16	16	Introduced By: Representatives Lima, Fenton-Fung, Vella-Wilkinson, and Costantino
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House State Government & Elections
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 42-61-7.1 of the General Laws in Chapter 42-61 entitled "State 1
23	23	Lottery" is hereby amended to read as follows: 2
24	24	42-61-7.1. Payment of prizes in excess of six hundred dollars ($600) — Setoff for child 3
25	25	support debts and benefit of overpayments. 4
26	26	(a) Notwithstanding the provisions of § 42-61-7 relating to assignment of prizes, the 5
27	27	following setoff provisions shall apply to the payment of any prizes or winning ticket in excess of 6
28	28	six hundred dollars ($600). 7
29	29	(1) With respect to a person entitled to receive the prize or winning ticket who has an 8
30	30	unpaid child support order(s) arrearage(s) in excess of five hundred ($500), as provided by the 9
31	31	department pursuant to § 42-61-7.1(3), or owes any sum in excess of five hundred dollars ($500) 10
32	32	for benefit overpayments and interest to the department of labor and training determined to be 11
33	33	recoverable under the provisions of chapters 39 — 44 of title 28, the lottery director: 12
34	34	(i) Shall set off against the amount due to that person after state and federal tax withholding 13
35	35	an amount up to the balance of the child support arrearage(s), and benefit overpayments and interest 14
36	36	owed to the department of labor and training, and the director shall make payment of this amount 15
37	37	directly to the Rhode Island family court in the case of child support arrearage(s) which shall 16
38	38	deposit the amount set off into the registry of the family court for a period of forty-five (45) days, 17
39	39	or if an application for review has been filed pursuant to § 27-57-1(d), until final disposition of the 18
40	40	application until further order of the court and in the case of benefit overpayments and interest 19
41	41
42	42
43	43	LC002202 - Page 2 of 4
44	44	owed the director shall transfer the amounts owed to the department of labor and training; and 1
45	45	(ii) Shall pay to this person the remaining balance of the prize or winning ticket amount, if 2
46	46	any, after reduction of the amount set off above for child support and benefit overpayments and 3
47	47	interest owed. If any instance, the lottery director has received notice from more than one claimant 4
48	48	agency, the claim for child support arrearage(s) by the department of human services shall receive 5
49	49	first priority and the claim for benefit overpayments and interest owed by the department of labor 6
50	50	and training the second priority. 7
51	51	(2) The director shall be discharged of all further liability upon payment of a prize or 8
52	52	winning ticket pursuant to this section. 9
53	53	(3) The department of human services shall periodically within each year furnish the 10
54	54	director with a list or compilation of names of individuals, together with any other identifying 11
55	55	information and in a form that the director shall require, who as of the date of the list or compilation, 12
56	56	have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on 13
57	57	the Rhode Island family court degrees department of human services child support enforcement 14
58	58	computer system (“CSE system”). For the purposes of this section, the terms used in this section 15
59	59	shall be given the meaning and definitions specified in § 15-16-2. 16
60	60	(4) Any party aggrieved by any action taken under this section may within thirty (30) days 17
61	61	of the withholding of the payment by the lottery director seek judicial review in the family court, 18
62	62	in the case of withholding for child support or in the district court in the case of benefit 19
63	63	overpayments and interest owed, which may, in its discretion, issue a temporary order prohibiting 20
64	64	the disbursement of funds under this section, pending final adjudication. 21
65	65	(5) The department of labor and training shall periodically within each year furnish the 22
66	66	director with a list or compilation of names of individuals, together with any identifying 23
67	67	information and in any form that the director requires, who as to the date of the list or compilation, 24
68	68	have unpaid benefit overpayments and interest in excess of five hundred dollars ($500) determined 25
69	69	to be recoverable under the provisions of chapters 39 — 44 of title 28. 26
70	70	(b) The state lottery shall not release the personal identification information of the winner 27
71	71	to the public for any payment in excess of six hundred dollars ($600) without the written consent 28
72	72	of the prize winner. Any record containing the personal identification of the prize winner shall not 29
73	73	be subject to the provisions of chapter 2 of title 38 and shall not be deemed a public record. 30
74	74	[See § 12-1-15 of the General Laws.] 31
75	75	SECTION 2. Section 42-61-7.2 of the General Laws in Chapter 42-61 entitled "State 32
76	76	Lottery" is hereby amended to read as follows: 33
77	77	42-61-7.2. Payment of prizes in excess of six hundred dollars ($600) — Setoff for 34
78	78
79	79
80	80	LC002202 - Page 3 of 4
81	81	unpaid taxes. 1
82	82	(a) Notwithstanding the provisions of § 42-61-7 and § 42-61-7.1 relating to assignment of 2
83	83	prizes and setoff for child support debts and benefit overpayments, the following setoff provisions 3
84	84	shall apply to the payment of any prizes or winning ticket in excess of six hundred dollars ($600). 4
85	85	(1) With respect to a person entitled to receive the prize or winning ticket who has unpaid 5
86	86	taxes owed to the tax administrator in excess of six hundred dollars ($600), as evidenced by the tax 6
87	87	administrator pursuant to subsection (3) of this section, the lottery director: 7
88	88	(i) Shall setoff against the amount due to that person after state and federal tax withholding 8
89	89	an amount up to the balance of the unpaid taxes owed as evidenced by the tax administrator 9
90	90	pursuant to subsection (3) of this section, and the director shall make payment of this amount 10
91	91	directly to the tax administrator; and 11
92	92	(ii) Shall pay to that person the remaining balance of the prize or winning ticket amount, if 12
93	93	any, after reduction of the amount setoff above for taxes owed. If in any instance, the lottery director 13
94	94	has received notice from more than one claimant agency, the claim for child support arrearage(s) 14
95	95	owed to the department of human services shall receive first (1st) priority, the claim for benefit 15
96	96	overpayments and interest owed to the department of labor and training the second (2nd) priority, 16
97	97	and the claim for taxes owed to the tax administrator the third (3rd) priority. 17
98	98	(2) The director shall be discharged of all further liability upon payment of a prize or 18
99	99	winning ticket pursuant to this section. 19
100	100	(3) The tax administrator shall periodically within each year furnish the director with a list 20
101	101	or compilation of names of individuals, together with any other identifying information and in a 21
102	102	form that the director shall require, who as of the date of the list or compilation, have unpaid taxes 22
103	103	in excess of six hundred dollars ($600). 23
104	104	(4) Any party aggrieved by any action taken under this section may, within thirty (30) days 24
105	105	of the withholding of the payment by the lottery director, seek a review with the tax administrator, 25
106	106	who may, in his or her discretion, issue a temporary order prohibiting the disbursement of funds 26
107	107	under this section, pending final decision. 27
108	108	(b) The state lottery shall not release the personal identification information of the winner 28
109	109	to the public for any payment in excess of six hundred dollars ($600) without the written consent 29
110	110	of the prize winner. Any record containing the personal identification of the prize winner shall not 30
111	111	be subject to the provisions of chapter 2 of title 38 and shall not be deemed a public record. 31
112	112	SECTION 3. This act shall take effect upon passage. 32
113	113	========
114	114	LC002202
115	115	========
116	116
117	117
118	118	LC002202 - Page 4 of 4
119	119	EXPLANATION
120	120	BY THE LEGISLATIVE COUNCIL
121	121	OF
122	122	A N A C T
123	123	RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE LOTTERY
124	124	***
125	125	This act would prohibit the state lottery from releasing to the public the personal 1
126	126	identification information of any prize winner of an amount in excess of six hundred dollars ($600) 2
127	127	without the written consent of the prizewinner. The act would also provide that any document 3
128	128	containing the personal identification information would not be subject to the access to public 4
129	129	records provisions and would not be a public record. 5
130	130	This act would take effect upon passage. 6
131	131	========
132	132	LC002202
133	133	========