THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, BAKER, BOBACK, BOYD, CALTAGIRONE, CLYMER, COHEN, D. COSTA, CUTLER, DENLINGER, FLECK, FRANKEL, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HUTCHINSON, KAUFFMAN, KORTZ, MILLER, MILNE, MOUL, MUNDY, PICKETT, PYLE, RAPP, RAVENSTAHL, ROAE, SABATINA, SCAVELLO, K. SMITH, STERN, STURLA, SWANGER, TOEPEL, VULAKOVICH, WAGNER AND WATSON, FEBRUARY 3, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 3, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, providing for the definition of

"licensed gaming entity" and for the intercept of winnings on

slot machines.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4302 of Title 23 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 4302.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Licensed gaming entity" or "slot machine licensee."  The

term shall have the same meaning as given to it under 4 Pa.C.S.

§ 1103 (relating to definitions).

* * *

Section 2.  Title 23 is amended by adding a section to read:

§ 4310.  Slot machine winnings intercept.

(a)  General rule.--Winnings obtained from gambling on slot

machines shall be applied to satisfy a winner's delinquent

support obligation.

(b)  Duty of licensed gaming entity or slot machine

licensee.--In the case of any person winning more than $1,200

from slot machine winnings, before making any monetary payment

from those winnings, the licensed gaming entity or slot machine

licensee shall obtain the name, address and Social Security

number of the winner from Form W-2G, or a substantially

equivalent form filed with the United States Internal Revenue

Service, and shall request the department to make all reasonable

efforts to determine if the winner is a delinquent support

obligor. If the winner is determined to be a delinquent support

obligor, all of the following shall apply:

(1)  The amount of any arrearages shall be deducted from

the amount of slot machine winnings and paid to the obligee

in the manner provided for under this title for the

administration of support payments.

(2)  The amount of any fee, calculated under subsection

(c)(6), shall be deducted from the winnings and distributed

according to this section.

(c)  Duties of department.--The department shall do all of

the following:

(1)  Cause a search to be made periodically of all of the

following:

(i)  The department's records relative to the Title

IV-D program.

(ii)  Any information received from county domestic

relations offices relative to arrearages of court-ordered

child support.

(iii)  Any information received from states with

reciprocal enforcement of child support relative to

arrearages of court-ordered child support.

(2)  Furnish the licensed gaming entity or slot machine

licensee with the following information:

(i)  The department identifier.

(ii)  The obligor's full name and Social Security

number.

(iii)  The amount of the arrearage and the identifier

of the court order that underlies it.

(3)  Request the licensed gaming entity or slot machine

licensee to withhold from the winner the amount of any

arrearage discovered under paragraph (1).

(4)  Request the licensed gaming entity or slot machine

licensee to pay, in a lump sum or by installment, to the  

State disbursement unit that portion of the slot machine

winnings that satisfy the arrearage as follows:

(i)  By deducting from the amount received, from the

licensed gaming entity or slot machine licensee, any

amount assigned to the State disbursement unit.

(ii)  By paying to the State disbursement unit, for

distribution to the obligee of the child-support court

order, the amount of slot machine winnings that satisfy

the arrearage owed to the obligee.

(5)  If the slot machine winnings are insufficient to

satisfy the arrearages owed under the child-support court

order, the department shall proceed as follows:

(i)  The department may collect as provided by law.

(ii)  The department may reinitiate the procedures

set forth under this section if the obligor wins

subsequent slot money.

(6)  Determine and set a fee, if necessary, that reflects

the actual costs to the department and the licensed gaming

entity or slot machine licensee to administer this section.

The department shall request the licensed gaming entity or

slot machine licensee to deduct the fee set from the amount

to be paid to the winner after the winner's child-support

obligation has been fully satisfied and shall divide the fee

set based on the administrative expenses incurred by the

department and the licensed gaming entity or slot machine

licensee.

(7)  Within 30 days of the date the slot machine winnings

were won, do all of the following:

(i)  Award the winner the slot machine winnings in

whole or in part.

(ii)  If applicable, notify the winner that the slot

machine winnings or a portion of the slot machine

winnings was used to satisfy arrearages owed for court-

ordered child support.

(d)  Notice.--The domestic relations section shall send a

one-time notice to all obligors of existing orders informing

them that arrearages may be intercepted as provided under this

section.

(e)  Right to review.--A winner whose slot machine winnings

are used to satisfy an obligation under this section may appeal

to the department in accordance with 2 Pa.C.S. (relating to

administrative law and procedure). The appeal shall be filed

within 30 days after the winner is notified by the department

that the slot machine winnings have been reduced or totally

withheld to satisfy outstanding arrearages for child support and

related obligations.

(f)  Rules and regulations.--The department shall promulgate

the rules and regulations necessary to carry out its

responsibilities under this section.

(g)  Nonliability.--A licensed gaming entity or a slot

machine licensee that makes a payment to a winner in violation

of this section shall not be liable to the person to whom the

winner owes an outstanding debt.

Section 3.  This act shall take effect in 60 days.