| HB 485 - Lottery prizes; recovery of certain public assistance |
First Reader Summary
A BILL to amend Article 1 of Chapter 4 of Title 49 of the
Official Code of Georgia Annotated, relating to general
provisions relative to public assistance; so as to require the
Department of Human Resources to maintain and make available to
the Georgia Lottery Corporation certain information relating to
public assistance; to amend Article 2 of Chapter 27 of Title 50
of the Official Code of Georgia Annotated, relating to the setoff
of certain debts against prizes paid by the Georgia Lottery
Corporation; and for other purposes.
| House |
Action |
Senate |
| 2/5/99 |
Read 1st Time |
|
| 2/8/99 |
Read 2nd Time |
|
HB 485 LC 21 5213
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 1 of Chapter 4 of Title 49 of the Official
1- 2 Code of Georgia Annotated, relating to general provisions
1- 3 relative to public assistance, so as to require the
1- 4 Department of Human Resources to maintain and make available
1- 5 to the Georgia Lottery Corporation certain information
1- 6 relating to public assistance; to amend Article 2 of Chapter
1- 7 27 of Title 50 of the Official Code of Georgia Annotated,
1- 8 relating to the setoff of certain debts against prizes paid
1- 9 by the Georgia Lottery Corporation, so as to provide for the
1-10 recovery of certain public assistance from such prizes; to
1-11 repeal conflicting laws; and for other purposes.
1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-13 SECTION 1.
1-14 Article 1 of Chapter 4 of Title 49 of the Official Code of
1-15 Georgia Annotated, relating to general provisions relative
1-16 to public assistance, is amended by inserting at the end
1-17 thereof the following:
1-18 "49-4-20.
1-19 (a) As used in this Code section, the term 'public
1-20 assistance' means any assistance, whether in the form of
1-21 cash, voucher, or service rendered, made pursuant to this
1-22 chapter.
1-23 (b) The department shall establish and maintain a
1-24 computerized record of each person who has received public
1-25 assistance. The department shall make such information
1-26 available to the Georgia Lottery Corporation as provided
1-27 in Article 2 of Chapter 27 of Title 50."
1-28 SECTION 2.
1-29 Article 2 of Chapter 27 of Title 50 of the Official Code of
1-30 Georgia Annotated, relating to the setoff of certain debts
1-31 against prizes paid by the Georgia Lottery Corporation, is
1-32 amended by striking in its entirety Code Section 50-27-53,
1-33 relating to debts owed to state agencies constituting a lien
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2- 1 against lottery winnings and related matters, and inserting
2- 2 in lieu thereof the following:
2- 3 "50-27-53.
2- 4 (a)(1) Any claimant agency may submit to the corporation
2- 5 a list of the names of all persons owing debts in excess
2- 6 of $100.00 to such claimant agency or to persons on
2- 7 whose behalf the claimant agency is acting. The full
2- 8 amount of the debt shall be collectable from any lottery
2- 9 winnings without regard to limitations on the amounts
2-10 that may be collectable in increments through
2-11 garnishment or other proceedings. Such list shall
2-12 constitute a valid lien upon and claim of lien against
2-13 the lottery winnings of any debtor named in such list.
2-14 The list shall contain the names of the debtors, their
2-15 social security numbers if available, and any other
2-16 information which would assist the corporation in
2-17 identifying the debtors named in the list.
2-18 (2) The Department of Human Resources shall provide to
2-19 the corporation a list of all persons who have received
2-20 public assistance, as such term is defined in Code
2-21 Section 49-4-20, on or after January 1, 2000. Such list
2-22 shall constitute a valid lien upon and claim of lien
2-23 against the lottery winnings of any recipient named in
2-24 such list. The list shall contain the names of the
2-25 recipients, their social security numbers if available,
2-26 and any other information which would assist the
2-27 corporation in identifying the recipients named in the
2-28 list.
2-29 (b)(1) In the case of a lien filed by a state agency,
2-30 the The corporation is authorized and directed to
2-31 withhold any winnings subject to the lien created by
2-32 this Code section and send notice to the winner by
2-33 certified mail, return receipt requested, of such action
2-34 and the reason the winnings were withheld. However, if
2-35 the winner appears and claims winnings in person, the
2-36 corporation shall notify the winner at that time by hand
2-37 delivery of such action. If the debtor does not protest
2-38 the withholding of such funds in writing within 30 days
2-39 of such notice, the corporation shall pay the funds over
2-40 to the claimant agency. If the debtor protests the
2-41 withholding of such funds within 30 days of such notice,
2-42 the corporation shall file an action in interpleader in
2-43 the superior court of the county in which the debtor
2-44 resides, pay the disputed sum into the registry of the
-2-
3- 1 court, and give notice to the claimant agency and debtor
3- 2 of the initiation of such action.
3- 3 (2) In the case of a public assistance recipient, the
3- 4 corporation is authorized and directed, prior to the
3- 5 payment of any prize in the net amount of $600.00 or
3- 6 greater, to deduct the total amount of the public
3- 7 assistance received. The corporation shall transmit all
3- 8 amounts so deducted to the Department of Human Resources
3- 9 within 30 days of the date the amount was so deducted.
3-10 At the end of each fiscal quarter, the Department of
3-11 Human Resources shall transmit all funds so received
3-12 during that quarter to the governing authority of the
3-13 county in which the recipient resided at the time he or
3-14 she received assistance. If the recipient resided in
3-15 more than one county during that time, the department
3-16 shall transmit to each county a pro rata share of such
3-17 funds, calculated on the percentage of assistance the
3-18 recipient received while residing in that county
3-19 compared with the total amount of assistance the
3-20 recipient received. Each county governing authority
3-21 shall use such funds so received for the purpose of
3-22 providing child care for those persons terminating
3-23 public assistance. Any such funds not used for that
3-24 purpose shall be transmitted to the state treasury for
3-25 deposit into the general fund at the close of each
3-26 fiscal year.
3-27 (c) The liens created by this Code section shall rank
3-28 among themselves as follows:
3-29 (1) Taxes due the state;
3-30 (2) Delinquent child support; and
3-31 (3) Repayment of any public assistance received; and
3-32 (4) All other judgments and liens in order of the date
3-33 entered or perfected.
3-34 (d) The corporation shall not be required to deduct
3-35 claimed debts from prizes paid out by retailers or
3-36 entities other than the corporation.
3-37 (e) Any list of debt provided pursuant to this article
3-38 shall be provided periodically as the corporation shall
3-39 provide by rules and regulations and the corporation shall
3-40 not be obligated to retain such lists or deduct debts
3-41 appearing on such lists beyond the period determined by
3-42 such rules and regulations.
-3-
4- 1 (f) The corporation is authorized to prescribe forms and
4- 2 promulgate rules and regulations which it deems necessary
4- 3 to carry out the provisions of this article.
4- 4 (g) The corporation and any claimant agency shall incur no
4- 5 civil or criminal liability for good faith adherence to
4- 6 the provisions of this Code section.
4- 7 (h) The claimant agency shall pay the corporation for all
4- 8 costs incurred by the corporation in setting off debts in
4- 9 the manner provided in this article."
4-10 SECTION 3.
4-11 All laws and parts of laws in conflict with this Act are
4-12 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
