PRINTER'S NO. 2357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1735
Session of
2017
INTRODUCED BY KINSEY, DONATUCCI, MURT, CALTAGIRONE, RABB,
MARSHALL, THOMAS, MILLARD, D. COSTA, PASHINSKI AND GILLEN,
SEPTEMBER 5, 2017
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 5, 2017
AN ACT
Amending the act of August 26, 1971 (P.L.351, No.91), entitled
"An act providing for a State Lottery and administration
thereof; authorizing the creation of a State Lottery
Commission; prescribing its powers and duties; disposition of
funds; violations and penalties therefor; exemption of prizes
from State and local taxation and making an appropriation,"
in State lottery, further providing for assignability of
prizes drawn and providing for withholding prize winnings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306(f) of the act of August 26, 1971
(P.L.351, No.91), known as the State Lottery Law, is amended by
adding a paragraph to read:
Section 306. Assignability of prizes drawn.
* * *
(f) Assignment limitation.--Notwithstanding any other
provision of this section, no prizewinner shall have the right
to assign prize payments upon:
* * *
(3) The withholding of prize winnings by the secretary
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in accordance with section 306.1.
* * *
Section 2. The act is amended by adding a section to read:
Section 306.1. Withholding prize winnings.
(a) Withholding prize winnings.--
(1) The right of a person to a prize drawn shall be
withheld by the secretary if it is determined that the prize
winner of a jackpot prize, annuity prize or any other prize
of $2,500 or more is subject to registration under 42 Pa.C.S.
§ 9799.13 (relating to applicability).
(2) The authority of the secretary to withhold prize
winnings in accordance with paragraph (1) shall extend for a
six-month period beginning on the date the prize winner
presents the ticket or share to claim prize winnings.
(b) Release of winnings.--
(1) The secretary may release prize winnings withheld in
accordance with subsection (a) before the expiration of the
six-month period if the person who is the prize winner
provides documentation from the court verifying that the
person has paid fully all restitution, reparations, fees,
costs, fines and penalties in accordance with 42 Pa.C.S. Ch.
97 Subch. C (relating to sentencing alternatives).
(2) If the secretary determines that a person who is a
prize winner and who is subject to registration pursuant to
42 Pa.C.S. § 9799.13 has an arrangement with the court to pay
restitution, reparations, fees, costs, fines and penalties in
installment payments, is delinquent in making the installment
payments or is in default in the payment of restitution,
reparation, fees, costs, fines and penalties, the secretary
shall withhold payment of prize winnings to the person and
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forward the prize winnings to the court or other issuing
authority for credit to the person's outstanding or unpaid
restitution, fines and costs and other court ordered
obligations imposed after conviction in accordance with 42
Pa.C.S. Ch. 97 Subch. C.
(3) The amount of prize winnings remaining after payment
of a prize winner's court-ordered obligations shall be
immediately paid to the prize winner.
(4) The six-month period under subsection (a) may be
extended for an additional six months if the secretary
determines that circumstances exist to warrant the additional
time.
(c) Duties of the secretary.--It shall be the duty of the
secretary to:
(1) Modify the State Lottery's prize claim form to
include a statement and check-off box which a prize winner
may use to disclose whether the prize winner is subject to
registration under 42 Pa.C.S. § 9799.13.
(2) The statement required under paragraph (1) shall:
(i) be conspicuously located above the form's
signature line; and
(ii) be in 16-point boldface font type in a form
similar to the following:
If you are a registered sex offender under 42
Pa.C.S. Ch. 97 Subch. H (relating to registration
of sexual offenders), all or a portion of your
prize winning may be withheld to pay any
outstanding or delinquent court ordered
obligations. If you fail to disclose your
registration status or provide false information,
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you will be subject to prosecution.
(I) I am a registered sex offender in (name
of county) .
(II) I am not a registered sex offender .
(3) Collaborate with the Administrative Office of
Pennsylvania Courts to develop a process or procedure to
ensure that, upon sentencing, all judgments for court ordered
obligations imposed upon a person subject to registration
under 42 Pa.C.S. § 9799.13 are transmitted to the Department
of Revenue.
(4) Implement procedures to ensure that the information
transmitted to the Department of Revenue in accordance with
paragraph (2) is used to identify persons subject to
registration under 42 Pa.C.S. § 9799.13.
(d) Penalty.--
(1) A person subject to registration under 42 Pa.C.S. §
9799.13 who knowingly fails to disclose the person's
registration status in accordance with this section commits a
misdemeanor of the second degree.
(2) A person who, with the intent to mislead, falsifies
a claim form by indicating that the person is not subject to
registration under 42 Pa.C.S. § 9799.13 shall be subject to
prosecution under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities).
(e) Definition.--As used in this section, the term "court-
ordered obligation" shall mean restitution, reparation, fees,
costs, fines and penalties imposed by the court in accordance
with 42 Pa.C.S. Ch. 97 Subch. C.
Section 3. This act shall take effect in 60 days.
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