§ 8 §300-B — Interception of pari-mutuel winnings to pay child support debt

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Interception.
A licensee shall intercept pari-mutuel winnings to pay child support debt in accordance with this section.
3.
Registry.
The department shall create and maintain, or shall contract with a private entity to create and maintain, a secure, electronically accessible registry containing information regarding individuals with outstanding child support debt. The department shall regularly enter into the registry information including:
4.
Electronic access to information; procedures.
A licensee shall electronically access the registry in accordance with this subsection.
5.
Lien against winnings.
If the registry operator informs a licensee pursuant to this section that an individual who placed a winning wager is listed in the registry, the department has a valid lien upon and claim of lien against the payout on the winning wager in the amount of the individual's outstanding child support debt.
6.
Withholding of winnings.
The licensee shall withhold from any payout on a winning wager an amount equal to the amount of the lien created under subsection 5 and shall provide a notice of withholding to the individual who placed the winning wager. Within 7 days after withholding an amount pursuant to this subsection, the licensee shall transmit the amount withheld to the department together with a report of the name, address and social security number of the individual from whom payment was withheld, the account number or identifier assigned to the debt, the amount withheld, the date of withholding and the name and location of the licensee.
7.
Licensee costs.
Notwithstanding subsection 6, the licensee may retain $10 from an amount withheld pursuant to this section to cover the cost of the licensee's compliance with this section.
8.
Administrative hearing.
An individual from whom an amount was withheld pursuant to this section has the right, within 15 days of receipt of the notice of withholding, to request from the department an administrative hearing. The hearing is limited to questions of whether the debt is liquidated and whether any postliquidation events have affected the individual's liability. The administrative hearing decision constitutes final agency action.
9.
Authorization to provide information.
Notwithstanding any other provision of law to the contrary, the licensee may provide to the department or registry operator any information necessary to effectuate the intent of this section. The department or registry operator may provide to the licensee any information necessary to effectuate the intent of this section.
10.
Confidentiality of information.
The information obtained by the department or registry operator from a licensee pursuant to this section and the information obtained by the licensee from the department or registry operator pursuant to this section are confidential and may be used only for the purposes set forth in this section. An employee or prior employee of the department, the registry operator or a licensee who knowingly or intentionally discloses any such information commits a civil violation for which a fine not to exceed $1,000 may be adjudged.
11.
Effect of compliance; noncompliance.
A licensee, the department and the registry operator are not liable for any action taken in good faith to comply with this section. A licensee who fails to make a good faith effort to obtain information from the registry operator or who fails to withhold and transmit the amount of the lien created under subsection 5 is liable to the department for the greater of $500 and the amount the licensee is required to withhold and transmit to the department under this section, together with costs, interest and reasonable attorney's fees.
12.
Exemption for agricultural fairs.
This section does not apply to payouts on winning wagers placed on races conducted at agricultural fairs.
13.
Biennial review.
The department shall report to the Legislature and the Governor on or before January 31, 2015 and biennially thereafter on:

Legislative History

PL 2013, c. 255, §1 (NEW).