CHAPTER 381

95-H 6010B

Approved Aug. 7, 1995.

AN ACT RELATING TO THE STATE LOTTERY

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 42-61 of the General Laws entitled "State Lottery" is hereby amended by adding thereto the following section:

{ADD 42-61-7.1. Payment of prizes in excess of six hundred dollars ($600) -- Setoff for child support debts. -- ADD} {ADD Notwithstanding the provisions of section 42-61-7 relating to assignment of prizes, the following setoff provisions shall apply to the payment of any prize or winning ticket in excess of six hundred dollars ($600).

(a) With respect to a person entitled to receive such prize or winning ticket who has an unpaid child support order(s) arrearage(s) in excess of five hundred dollars ($500) as provided by the director pursuant to section 42-61-7.1(c), the director (1) shall setoff against the amount due to such person after state and federal tax withholding an amount up to the balance of such child support arrearage(s), and the director shall make payment thereof directly to the Rhode Island family court which shall deposit the amount setoff into the registry of the family court for a period of forty-five (45) days or, if an application for review has been filed pursuant to section 27-56-1(d), until final disposition of that application; and (2) shall pay to such person the remaining balance of the prize or winning ticket amount, if any, after reduction of the amount setoff above for child support.

(b) The director shall be discharged of all further liability upon payment of a prize or winning ticket pursuant to this section.

(c) The department of human services shall periodically within each year furnish the director with a list or compilation of names of individuals, together with such other identifying information and in such form as the director shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of human services child support enforcement computer system ("CSE system"). For purposes of this section, the terms used herein shall be given the meaning and definitions specified in section 15-16-2.

(d) Any party aggrieved by any action taken under this section may within thirty (30) days of the withholding of the payment by the lottery director, seek judicial review in the family court, which may, in its discretion, issue a temporary order prohibiting the disbursement of funds under this section, pending final adjudication. ADD}

SECTION 2. This act shall take effect upon passage.



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