§ 287-F:10 — Certification of Prize Winners and Payment of Prizes

I. All prizes over $5,000 shall be awarded to holders of winning tickets as provided in this section. Within one week after any drawing or selection of prize winning tickets, the commission shall deliver to each of the party states a certified list of the tickets to which prizes are awarded and the amount of each prize. Upon delivery of the certified list and voucher of the commission, moneys sufficient for the payment of the prizes may be withdrawn from the prize account established in RSA 287-F:9, II. The commission shall each month provide each party state with a record of all withdrawals. Payment of prizes shall be made by the commission or its designee to holders of the tickets to which prizes are awarded. The right of any person to a prize drawn shall not be assignable, except that payment of any prize drawn may be paid to another person as provided in this section.
I-a. Payment of a prize may be made to a person other than the winner as follows:
(a) To the estate of a deceased prizewinner upon receipt by the commission of a certified court order appointing an executor or administrator.
(b) To any person pursuant to a certified final order of a court of competent jurisdiction, including orders pertaining to claims of ownership in the prize, division of marital property in divorce actions, bankruptcy, child support, appointment of a guardian or conservator, and distribution of an estate.
(c) To any person, including a trustee, pursuant to a certified final order of a court of competent jurisdiction of a party state approving the voluntary assignment of the right to a prize provided that the court affirmatively finds all of the following:
(1) The assignor and the assignee are not represented by the same counsel.
(2) The assignment is in writing and represents the entire agreement between the parties.
(3) The assignment agreement contains the following provisions:
(A) The assignor's name, social security number or tax identification number and address.
(B) The assignee's name, social security number or tax identification number, citizenship or resident alien number, if applicable, and address.
(C) The specific prize payment or payment assigned, or any portion thereof, including:
(i) The payable due dates and amounts of each payment to be assigned.
(ii) The gross amount of the annual payment or payments to be assigned before taxes.
(D) A notice of right to cancel in immediate proximity to the space reserved for the signature of the assignor in bold face type of a minimum size of 10 points which shall provide that:
(i) The assignor may cancel the assignment without cost until midnight of the fifteenth business day after the day on which the assignor has signed an agreement to assign a prize or portion of a prize.
(ii) Cancellation occurs when notice of cancellation is given to the assignee.
(iii) Notice is sufficient if it indicates the intention of the assignor not to be bound.
(iv) Notice of cancellation, if given by mail, shall be deemed given when deposited in a mailbox properly addressed and first class mail postage prepaid. Failure to provide the notice of right to cancel as provided in this subparagraph shall render the assignment agreement unenforceable and the assignor may collect a reasonable attorney's fee in any action to enforce such agreement.
(4) Prior to execution of the assignment agreement, the assignee has provided to the assignor in writing, on a disclosure form separate and apart from the agreement, the following:
(A) The aggregate dollar value of payments assigned.
(B) The total consideration paid to the assignor by the assignee.
(C) An itemization of all other fees or costs to be paid by the assignor, or deducted from the payment to the assignor.
(5) The assignor has represented to the court in sworn testimony, if a personal appearance is required by the court, or in the assignor's written affidavit, sworn to under penalty or perjury, that:
(A) Prior to signing the assignment agreement, the assignor reviewed the agreement and understood its terms and effects.
(B) The assignor has consulted with independent financial and tax advisors not referred by or associated with the assignee.
(C) The assignor has signed the assignment agreement acting under free will without undue influence or duress.
(D) The assignor is not under any obligation to pay child support, or is under such obligation and is in good standing with respect to that obligation or has agreed to a payment plan with the party state agency responsible for child support and in full compliance with that plan.
(E) The assigned payment or payments are not subject to any claims, liens, levies, security interests, assignments, or offsets asserted by other persons or the party state or has provided the court with written consent of each person having such an interest.
(6) If the assignor is married, the assignor has submitted to the court a signed and notarized statement of the spouse consenting to the assignment. If a notarized statement is not presented to the court, the court shall determine the ability of the assignor to make the proposed assignment without the spouse's consent.
I-b. (a) A winner may pledge all or any part of a prize as collateral for a loan. Notwithstanding any provision of RSA 382-A:9, Article 9 of the Uniform Commercial Code to the contrary, perfection of a security interest in a prize shall be completed by filing, in addition to any other filings which may be required, a financing statement with the commission.
(b) In order to be entitled to receive a prize payment or payments from the commission, a secured party shall be required to obtain a certified final order of a court of competent jurisdiction which:
(1) Adjudges the prize winner in default of a loan agreement with the secured party.
(2) Makes findings with respect to the loan agreements and financing statements constituting the loan transaction which are equivalent to those required pursuant to subparagraphs I-a(c)(1)-(3) of this section and, in addition, a finding that truth-in-lending disclosures set forth in 12 CFR 226.17, 226.18, 226.19 and 226.20 were made.
(3) Identifies specific payments and awards ownership of such payments to the secured party.
(c) Nothing in this paragraph shall be construed to:
(1) Create or enlarge a cause of action in favor of a secured party.
(2) Alter or impair any rule of law applicable to or governing the rights of a debtor under federal or state lending statutes.
(3) Alter or impair the provisions of RSA 382-A:9, Article 9 of the Uniform Commercial Code, except to the extent inconsistent with the provisions of this paragraph.
I-c. The commission may intervene as of right in any action pursuant to RSA 287-F:10, I-a(c) and I-b, but shall not be deemed an indispensable or necessary party.
I-d. A certified copy of the final order required by RSA 287-F:10, I-a and I-b and the assignor's affidavit shall be served on the commission together with a nonrefundable processing fee of $500 within 15 days after entry of the order.
I-e. The commission may file a request to modify or vacate a final order pursuant to RSA 287-F:10, I-a(c) and I-b within 15 days after service of the order on the commission.
I-f. Commencing on the thirtieth day after full compliance with RSA 287-F:10, I-a and I-b, or after final determination of any motion filed to vacate or modify a final order, the commission shall be obligated to make payments, subject to tax withholding, in accordance with such order.
I-g. No modification of or amendment to an order pursuant to RSA 287-F:10, I-a and I-b, and no additional or subsequent assignment of, a prize shall be valid or binding on the commission unless the modification, amendment, or assignment is approved by a separate court order which meets the requirements of this section.
I-h. The commission and its officers, agents, and employees shall be discharged of all further liability upon payment of a prize pursuant to this section.
I-i. The financial, tax, trust, or personal records filed, received, maintained, or produced by the commission in connection with payment of a prize as provided in this section shall be confidential. Such records shall not be deemed public records under RSA 91-A. Upon written request, the commission may release the name, town or residence, date of prize, and the gross and net amounts of the annual prize payment of a winner. Financing statements filed with the commission shall be public records.
I-j. The tri-state lotto compact recognizes that each party state has enacted laws authorizing a party state agency to collect child support debts and arrearages. Upon receipt of notice from a party state agency, the commission shall suspend payment of winnings in the amount of the child support debt or arrearage and notify the winner. Child support debts and arrearages of a winner shall be offset by the commission in the manner in which the state lottery commission of a party state is required by law to offset such debts and arrearages.
II. If the person entitled to a prize on any winning ticket is under 18 years of age and if the prize is less than $5,000, the commission may make payment by delivery to an adult member of the minor's family or a guardian of the minor of a check or draft payable to the order of the minor. If the person entitled to a prize on any winning ticket is under 18 years of age and if the prize is $5,000 or more, the commission may make payment to the minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor's family or a guardian of the minor as custodian for the minor. The commission shall be discharged of all further liability upon payment of a prize to a minor pursuant to this section.
III. Prizes of less than $5,000 may be paid in such manner as the commission may direct in its rules and regulations, as long as the rules and regulations are not inconsistent with this compact.

Legislative History

1985, 53:1. 1996, 157:13, eff. May 31, 1996.