§ 42-61.2-12 Video lottery terminal prize– Set-off for child support debts. – Notwithstanding the provisions of § 42-61-7 relating to assignment ofprizes, the following set off provisions shall apply to the payment of anyprize requiring the issuance of Internal Revenue Service Form W-2G by a videolottery retailer to a patron:
(1) With respect to a person entitled to receive the prizewho has an unpaid child support order(s) arrearage(s) in excess of five hundreddollars ($500), as provided by the department of human services pursuant tosubsection 42-61-7.1(3), the division of state lottery:
(i) Shall establish rules and regulations pursuant to §42-61.2-3 providing for the establishment and operation of a system whereby thedivision of state lottery shall have the ability to communicate suchinformation to video lottery retailers so as to identify a person entitled toreceive a prize requiring the issuance of Internal Revenue Service Form W-2Gwho has an unpaid child support order(s) arrearage(s).
(ii) Upon receipt of information indicating an unpaid childsupport arrearage the video lottery retailer shall set off against the amountdue to that person an amount up to the balance of the child supportarrearage(s). The video lottery retailer shall then make payment as prescribedby the division of lottery to the Rhode Island family court in the case ofchild support arrearage(s) which shall deposit the amount set off into theregistry of the family court for a period of forty-five (45) days, or if anyapplication for review has been filed pursuant to subsection 27-57-1(d), untilfinal disposition of the application until further order of the court.
(iii) The video lottery retailer shall pay to this person theremaining balance of the prize amount, if any, after reduction of the amountset off above for child support.
(2) The division of lottery, the lottery director and thevideo lottery retailer shall be discharged of all further liability uponpayment of a prize pursuant to this section. Except in the case of grossnegligence, the division of lottery, the lottery director and the video lotteryretailer shall not be liable to any party or person for failure to make such aset-off.
(3) The department of human services shall periodicallywithin each year furnish the director with a list or compilation of names ofindividuals, together with any other identifying information and in a form thatthe director shall require, who as of the date of the list or compilation, havean unpaid child support order arrearage in excess of five hundred dollars($500) as shown on the Rhode Island family court decrees department of humanservices child support enforcement computer system ("CSE system"). For thepurposes of this section, the terms used in this section shall be given themeaning and definitions specified in § 15-16-2.
(4) Any party aggrieved by any action taken under thissection may within thirty (30) days of the withholding of the payment by thelottery director seek judicial review in the family court, which may, in itsdiscretion, issue a temporary order prohibiting the disbursement of funds underthis section, pending final adjudication.
(5) Notwithstanding any other general or special law to thecontrary, this section shall apply to all existing gambling facilities withinthe state as of the time of enactment and also to any gambling facility withinthis state which is established after the date of enactment.
§ 42-61.2-12 Video lottery terminal prize– Set-off for child support debts. – Notwithstanding the provisions of § 42-61-7 relating to assignment ofprizes, the following set off provisions shall apply to the payment of anyprize requiring the issuance of Internal Revenue Service Form W-2G by a videolottery retailer to a patron:
(1) With respect to a person entitled to receive the prizewho has an unpaid child support order(s) arrearage(s) in excess of five hundreddollars ($500), as provided by the department of human services pursuant tosubsection 42-61-7.1(3), the division of state lottery:
(i) Shall establish rules and regulations pursuant to §42-61.2-3 providing for the establishment and operation of a system whereby thedivision of state lottery shall have the ability to communicate suchinformation to video lottery retailers so as to identify a person entitled toreceive a prize requiring the issuance of Internal Revenue Service Form W-2Gwho has an unpaid child support order(s) arrearage(s).
(ii) Upon receipt of information indicating an unpaid childsupport arrearage the video lottery retailer shall set off against the amountdue to that person an amount up to the balance of the child supportarrearage(s). The video lottery retailer shall then make payment as prescribedby the division of lottery to the Rhode Island family court in the case ofchild support arrearage(s) which shall deposit the amount set off into theregistry of the family court for a period of forty-five (45) days, or if anyapplication for review has been filed pursuant to subsection 27-57-1(d), untilfinal disposition of the application until further order of the court.
(iii) The video lottery retailer shall pay to this person theremaining balance of the prize amount, if any, after reduction of the amountset off above for child support.
(2) The division of lottery, the lottery director and thevideo lottery retailer shall be discharged of all further liability uponpayment of a prize pursuant to this section. Except in the case of grossnegligence, the division of lottery, the lottery director and the video lotteryretailer shall not be liable to any party or person for failure to make such aset-off.
(3) The department of human services shall periodicallywithin each year furnish the director with a list or compilation of names ofindividuals, together with any other identifying information and in a form thatthe director shall require, who as of the date of the list or compilation, havean unpaid child support order arrearage in excess of five hundred dollars($500) as shown on the Rhode Island family court decrees department of humanservices child support enforcement computer system ("CSE system"). For thepurposes of this section, the terms used in this section shall be given themeaning and definitions specified in § 15-16-2.
(4) Any party aggrieved by any action taken under thissection may within thirty (30) days of the withholding of the payment by thelottery director seek judicial review in the family court, which may, in itsdiscretion, issue a temporary order prohibiting the disbursement of funds underthis section, pending final adjudication.
(5) Notwithstanding any other general or special law to thecontrary, this section shall apply to all existing gambling facilities withinthe state as of the time of enactment and also to any gambling facility withinthis state which is established after the date of enactment.
§ 42-61.2-12 Video lottery terminal prize– Set-off for child support debts. – Notwithstanding the provisions of § 42-61-7 relating to assignment ofprizes, the following set off provisions shall apply to the payment of anyprize requiring the issuance of Internal Revenue Service Form W-2G by a videolottery retailer to a patron:
(1) With respect to a person entitled to receive the prizewho has an unpaid child support order(s) arrearage(s) in excess of five hundreddollars ($500), as provided by the department of human services pursuant tosubsection 42-61-7.1(3), the division of state lottery:
(i) Shall establish rules and regulations pursuant to §42-61.2-3 providing for the establishment and operation of a system whereby thedivision of state lottery shall have the ability to communicate suchinformation to video lottery retailers so as to identify a person entitled toreceive a prize requiring the issuance of Internal Revenue Service Form W-2Gwho has an unpaid child support order(s) arrearage(s).
(ii) Upon receipt of information indicating an unpaid childsupport arrearage the video lottery retailer shall set off against the amountdue to that person an amount up to the balance of the child supportarrearage(s). The video lottery retailer shall then make payment as prescribedby the division of lottery to the Rhode Island family court in the case ofchild support arrearage(s) which shall deposit the amount set off into theregistry of the family court for a period of forty-five (45) days, or if anyapplication for review has been filed pursuant to subsection 27-57-1(d), untilfinal disposition of the application until further order of the court.
(iii) The video lottery retailer shall pay to this person theremaining balance of the prize amount, if any, after reduction of the amountset off above for child support.
(2) The division of lottery, the lottery director and thevideo lottery retailer shall be discharged of all further liability uponpayment of a prize pursuant to this section. Except in the case of grossnegligence, the division of lottery, the lottery director and the video lotteryretailer shall not be liable to any party or person for failure to make such aset-off.
(3) The department of human services shall periodicallywithin each year furnish the director with a list or compilation of names ofindividuals, together with any other identifying information and in a form thatthe director shall require, who as of the date of the list or compilation, havean unpaid child support order arrearage in excess of five hundred dollars($500) as shown on the Rhode Island family court decrees department of humanservices child support enforcement computer system ("CSE system"). For thepurposes of this section, the terms used in this section shall be given themeaning and definitions specified in § 15-16-2.
(4) Any party aggrieved by any action taken under thissection may within thirty (30) days of the withholding of the payment by thelottery director seek judicial review in the family court, which may, in itsdiscretion, issue a temporary order prohibiting the disbursement of funds underthis section, pending final adjudication.
(5) Notwithstanding any other general or special law to thecontrary, this section shall apply to all existing gambling facilities withinthe state as of the time of enactment and also to any gambling facility withinthis state which is established after the date of enactment.
