06 LC
35 0026
Senate
Bill 419
By:
Senators Harp of the 29th, Hudgens of the 47th, Shafer of the 48th, Tolleson of
the 20th and Bulloch of the 11th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 27 of Title 50 of the Official Code of Georgia
Annotated, relating to setoff of debt collection against lottery prizes, so as
to provide a method to recover delinquent child support payments from certain
lottery proceeds; to amend Chapter 6 of Title 19 of the Official Code of Georgia
Annotated, relating to alimony and child support generally, so as to require the
child support enforcement agency to present claims for delinquent child support
with the Georgia Lottery Corporation for the protection of the interest of the
state and families owed delinquent due child support; to change certain
provisions relating to said articles; to provide for applicability and an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating
to setoff of debt collection against lottery prizes, is amended by striking Code
Section 50-27-51, relating to definitions, in its entirety and inserting in its
place a new Code Section 50-27-51 to read as follows:
∀50-27-51.
As
used in this article, the term:
(1)
'Claimant agency' means any state agency, department, board, bureau, commission,
or authority to which an individual owes a debt or which acts on behalf of an
individual to collect a debt.
(2)
'Debt' means any liquidated sum due and owing any claimant agency
or individual
claimant, which sum has accrued through
contract, subrogation, tort, or operation of law regardless of whether there is
an outstanding judgment for the sum, or any sum which is due and owing any
person and is enforceable by the state or any of its agencies or departments.
(3)
'Debtor' means any individual owing money to or having a delinquent account with
any claimant agency
or owing
delinquent child support to an individual
clamant, which obligation has not been
adjudicated as satisfied by court order, set aside by court order, or discharged
in bankruptcy.
(4)
'Individual claimant' means a person owed $500.00 or more in delinquent child
support.
(4)(5)
'Prize' means the proceeds of any lottery prize awarded under Article 1 of this
chapter.∀
SECTION
2.
Said
article is further amended by striking Code Section 50-27-53, relating to debts
owed to state agencies lien against lottery winnings, prizes paid out by
retailers or noncorporate entities, time periods, rules and regulations,
immunity, and costs, and inserting in its place a new Code Section 50-27-53 to
read as follows:
∀50-27-53.
(a)
Any claimant agency may submit to the corporation a list of the names of all
persons owing debts in excess of $100.00 to such claimant agency or to persons
on whose behalf the claimant agency is acting. The full amount of the debt shall
be collectable from any lottery winnings without regard to limitations on the
amounts that may be collectable in increments through garnishment or other
proceedings. Such list shall constitute a valid lien upon and claim of lien
against the lottery winnings of any debtor named in such list. The list shall
contain the names of the debtors, their social security numbers if available,
and any other information which would assist the corporation in identifying the
debtors named in the list.
(b)
Any individual claimant may submit to the corporation a claim of delinquent
child support by providing a certified copy of an order of support and
affidavit stating under oath the amount of support owed and the claim shall
constitute a valid lien upon and claim of lien against the lottery winnings of
the indicated debtor.
(b)(c)
The corporation is authorized and directed to withhold any winnings subject to
the lien created by this Code section and send notice to the winner by certified
mail or statutory overnight delivery, return receipt requested, of such action
and the reason the winnings were withheld. However, if the winner appears and
claims winnings in person, the corporation shall notify the winner at that time
by hand delivery of such action. If the debtor does not protest the withholding
of such funds in writing within 30 days of such notice, the corporation shall
pay the funds over to the claimant agency
or individual
claimant. If the debtor protests the
withholding of such funds within 30 days of such notice, the corporation shall
file an action in interpleader in the superior court of the county in which the
debtor resides, pay the disputed sum into the registry of the court, and give
notice to the claimant agency
or individual
claimant and debtor of the initiation of
such action.
(c)(d)
The liens created by this Code section shall rank among themselves as
follows:
(1)
Taxes due the state;
(2)
Delinquent child support; and
(3)
All other judgments and liens in order of the date entered or
perfected.
(d)(e)
The corporation shall not be required to deduct claimed debts from prizes paid
out by retailers or entities other than the corporation
with the
exception of delinquent child support claims filed pursuant to this Code
section. Each retailer or other entity is required to hold lottery proceed
winnings in excess of $500.00 to verify whether claims for support have been
filed with the corporation.
(e)(f)
Any list of debt provided pursuant to this article shall be provided
periodically as the corporation shall provide by rules and regulations and the
corporation shall not be obligated to retain such lists or deduct debts
appearing on such lists beyond the period determined by such rules and
regulations.
(f)(g)
The corporation is authorized to prescribe forms and promulgate rules and
regulations which it deems necessary to carry out the provisions of this
article.
(g)(h)
The corporation and any claimant agency
or individual
claimant shall incur no civil or criminal
liability for good faith adherence to the provisions of this Code
section.
(h)(i)
The claimant agency
or individual
claimant shall pay the corporation for all
costs incurred by the corporation in setting off debts in the manner provided in
this
article.∀
SECTION
3.
Said
article is further amended by striking Code Section 50-27-55, relating to
applicability of article to prizes of $5,000.00 or more, and inserting in its
place a new Code Section 50-27-55 to read as follows:
∀50-27-55.
The
provisions of this article shall only apply to prizes of $5,000.00 or more and
shall not apply to any retailers authorized by the board to pay prizes of up to
$5,000.00 after deducting the price of the ticket or
share;
excepting that a claim for delinquent child support filed by the Child Support
Enforcement Agency of the Department of Human Resources or an individual
claimant shall apply to all prizes of $500.00 or
more.∀
SECTION
4.
Chapter
6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and
child support generally, is amended in Code Section 19-6-33.1, relating to the
family support registry, by striking "and" from the end of subparagraph (A), by
striking the period and inserting in its place "; and" at the end of
subparagraph (B), and by inserting a new subparagraph (C) in paragraph (2) of
subsection (g) to read as follows:
∀(C)
The Georgia Lottery Corporation, in a form prescribed by the
corporation.∀
SECTION
5.
This
Act shall become effective on July 1, 2006, and shall apply to prizes awarded on
or after that date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.