2023 -- H 5968
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE LOTTERY
Introduced By: Representatives Lima, Fenton-Fung, Vella-Wilkinson, and Costantino
Date Introduced: March 01, 2023
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-61-7.1 of the General Laws in Chapter 42-61 entitled "State 1
Lottery" is hereby amended to read as follows: 2
42-61-7.1. Payment of prizes in excess of six hundred dollars ($600) — Setoff for child 3
support debts and benefit of overpayments. 4
(a) Notwithstanding the provisions of § 42-61-7 relating to assignment of prizes, the 5
following setoff provisions shall apply to the payment of any prizes or winning ticket in excess of 6
six hundred dollars ($600). 7
(1) With respect to a person entitled to receive the prize or winning ticket who has an 8
unpaid child support order(s) arrearage(s) in excess of five hundred ($500), as provided by the 9
department pursuant to § 42-61-7.1(3), or owes any sum in excess of five hundred dollars ($500) 10
for benefit overpayments and interest to the department of labor and training determined to be 11
recoverable under the provisions of chapters 39 — 44 of title 28, the lottery director: 12
(i) Shall set off against the amount due to that person after state and federal tax withholding 13
an amount up to the balance of the child support arrearage(s), and benefit overpayments and interest 14
owed to the department of labor and training, and the director shall make payment of this amount 15
directly to the Rhode Island family court in the case of child support arrearage(s) which shall 16
deposit the amount set off into the registry of the family court for a period of forty-five (45) days, 17
or if an application for review has been filed pursuant to § 27-57-1(d), until final disposition of the 18
application until further order of the court and in the case of benefit overpayments and interest 19
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owed the director shall transfer the amounts owed to the department of labor and training; and 1
(ii) Shall pay to this person the remaining balance of the prize or winning ticket amount, if 2
any, after reduction of the amount set off above for child support and benefit overpayments and 3
interest owed. If any instance, the lottery director has received notice from more than one claimant 4
agency, the claim for child support arrearage(s) by the department of human services shall receive 5
first priority and the claim for benefit overpayments and interest owed by the department of labor 6
and training the second priority. 7
(2) The director shall be discharged of all further liability upon payment of a prize or 8
winning ticket pursuant to this section. 9
(3) The department of human services shall periodically within each year furnish the 10
director with a list or compilation of names of individuals, together with any other identifying 11
information and in a form that the director shall require, who as of the date of the list or compilation, 12
have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on 13
the Rhode Island family court degrees department of human services child support enforcement 14
computer system (“CSE system”). For the purposes of this section, the terms used in this section 15
shall be given the meaning and definitions specified in § 15-16-2. 16
(4) Any party aggrieved by any action taken under this section may within thirty (30) days 17
of the withholding of the payment by the lottery director seek judicial review in the family court, 18
in the case of withholding for child support or in the district court in the case of benefit 19
overpayments and interest owed, which may, in its discretion, issue a temporary order prohibiting 20
the disbursement of funds under this section, pending final adjudication. 21
(5) The department of labor and training shall periodically within each year furnish the 22
director with a list or compilation of names of individuals, together with any identifying 23
information and in any form that the director requires, who as to the date of the list or compilation, 24
have unpaid benefit overpayments and interest in excess of five hundred dollars ($500) determined 25
to be recoverable under the provisions of chapters 39 — 44 of title 28. 26
(b) The state lottery shall not release the personal identification information of the winner 27
to the public for any payment in excess of six hundred dollars ($600) without the written consent 28
of the prize winner. Any record containing the personal identification of the prize winner shall not 29
be subject to the provisions of chapter 2 of title 38 and shall not be deemed a public record. 30
[See § 12-1-15 of the General Laws.] 31
SECTION 2. Section 42-61-7.2 of the General Laws in Chapter 42-61 entitled "State 32
Lottery" is hereby amended to read as follows: 33
42-61-7.2. Payment of prizes in excess of six hundred dollars ($600) — Setoff for 34
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unpaid taxes. 1
(a) Notwithstanding the provisions of § 42-61-7 and § 42-61-7.1 relating to assignment of 2
prizes and setoff for child support debts and benefit overpayments, the following setoff provisions 3
shall apply to the payment of any prizes or winning ticket in excess of six hundred dollars ($600). 4
(1) With respect to a person entitled to receive the prize or winning ticket who has unpaid 5
taxes owed to the tax administrator in excess of six hundred dollars ($600), as evidenced by the tax 6
administrator pursuant to subsection (3) of this section, the lottery director: 7
(i) Shall setoff against the amount due to that person after state and federal tax withholding 8
an amount up to the balance of the unpaid taxes owed as evidenced by the tax administrator 9
pursuant to subsection (3) of this section, and the director shall make payment of this amount 10
directly to the tax administrator; and 11
(ii) Shall pay to that person the remaining balance of the prize or winning ticket amount, if 12
any, after reduction of the amount setoff above for taxes owed. If in any instance, the lottery director 13
has received notice from more than one claimant agency, the claim for child support arrearage(s) 14
owed to the department of human services shall receive first (1st) priority, the claim for benefit 15
overpayments and interest owed to the department of labor and training the second (2nd) priority, 16
and the claim for taxes owed to the tax administrator the third (3rd) priority. 17
(2) The director shall be discharged of all further liability upon payment of a prize or 18
winning ticket pursuant to this section. 19
(3) The tax administrator shall periodically within each year furnish the director with a list 20
or compilation of names of individuals, together with any other identifying information and in a 21
form that the director shall require, who as of the date of the list or compilation, have unpaid taxes 22
in excess of six hundred dollars ($600). 23
(4) Any party aggrieved by any action taken under this section may, within thirty (30) days 24
of the withholding of the payment by the lottery director, seek a review with the tax administrator, 25
who may, in his or her discretion, issue a temporary order prohibiting the disbursement of funds 26
under this section, pending final decision. 27
(b) The state lottery shall not release the personal identification information of the winner 28
to the public for any payment in excess of six hundred dollars ($600) without the written consent 29
of the prize winner. Any record containing the personal identification of the prize winner shall not 30
be subject to the provisions of chapter 2 of title 38 and shall not be deemed a public record. 31
SECTION 3. This act shall take effect upon passage. 32
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- STATE LOTTERY
***
This act would prohibit the state lottery from releasing to the public the personal 1
identification information of any prize winner of an amount in excess of six hundred dollars ($600) 2
without the written consent of the prizewinner. The act would also provide that any document 3
containing the personal identification information would not be subject to the access to public 4
records provisions and would not be a public record. 5
This act would take effect upon passage. 6
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