PRIOR PRINTER'S NO. 75
PRINTER'S NO. 1365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
126
Session of
2015
INTRODUCED BY BOSCOLA, COSTA, FARNESE, STACK, BROWNE, GORDNER,
SCHWANK, TEPLITZ, RAFFERTY, VULAKOVICH, FOLMER, YUDICHAK AND
HUGHES, JANUARY 14, 2015
SENATOR BROWNE, APPROPRIATIONS, RE-REPORTED AS AMENDED, OCTOBER
26, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for lottery winnings intercept.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 9778. Lottery winnings intercept.
(a) Investigation and deduction.--After the department DUTY
OF DEPARTMENT OF REVENUE.--IN THE CASE OF ANY PERSON CLAIMING
PENNSYLVANIA STATE LOTTERY WINNINGS THAT EXCEED $2,500, THE
DEPARTMENT OF REVENUE, AFTER IT has made its determination
subject to 23 Pa.C.S. § 4308 (relating to lottery winnings
intercept) the department , shall:
(1) In the case of any person winning more than $2,500
in the Pennsylvania State Lottery, the Department of Revenue
shall in consultation with the Administrative Office of the
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Pennsylvania Courts make all reasonable efforts , MAKE A
REASONABLE EFFORT to determine if the person owes any court-
ordered obligation prior to making any lottery winnings
payment . ;
(2) If IF the person is found to owe any court-ordered
obligation , the amount shall be deducted INTERCEPT AND DEDUCT
THE AMOUNT OWED IN COURT-ORDERED OBLIGATION from the amount
of lottery winnings and paid pursuant to applicable law for
the administration of payments of court-ordered obligations.
(b) Intercept required.--
(1) The Department of Revenue shall periodically review
information provided by the Administrative Office of the
Pennsylvania Courts that identifies persons with outstanding
court-ordered obligations.
(2) Prior to any payment of winnings, the Department of
Revenue shall intercept and remit winnings of a person owing
any court-ordered obligation to the Administrative Office of
the Pennsylvania Courts for distribution pursuant to
applicable law. REMIT THE AMOUNT TO THE ADMINISTRATIVE OFFICE
OF PENNSYLVANIA COURTS FOR DISTRIBUTION PURSUANT TO
APPLICABLE LAW;
(3) NOTIFY THE CLAIMANT OF A PAYMENT MADE UNDER THIS
SECTION; AND
(4) PAY ANY REMAINING LOTTERY WINNINGS TO THE CLAIMANT.
(c) (B) Right to review.--A person whose lottery prize is
WINNINGS ARE used to satisfy an obligation under this section
may appeal to the Department of Revenue in accordance with
Article XXVII of the act of March 4, 1971 (P.L.6, No.2), known
as the Tax Reform Code of 1971 IN ACCORDANCE WITH APPLICABLE
LAW . The appeal must be filed within 30 days after the person is
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notified by the Department of Revenue that the prize has
WINNINGS HAVE been reduced or totally withheld to satisfy the
person's outstanding court-ordered obligation .
(C) ADMINISTRATIVE FEE.--THE DEPARTMENT OF REVENUE MAY
DETERMINE AND SET A FEE TO COVER ACTUAL COSTS TO ADMINISTER THIS
SECTION AND MAY DEDUCT THE CALCULATED AMOUNT FROM THE LOTTERY
WINNINGS SUBJECT TO INTERCEPT UNDER THIS SECTION.
(d) Rules and regulations.--The Department of Revenue in
conjunction with the Administrative Office of the Pennsylvania
Courts shall MAY , in the manner provided by law, jointly
promulgate the rules and regulations necessary to carry out this
section.
(E) DUTY OF ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS.--
THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS SHALL PROVIDE
TO THE DEPARTMENT OF REVENUE THE INFORMATION NECESSARY TO
FULFILL ITS DUTIES UNDER THIS SECTION.
Section 2. This act shall take effect in 60 90 days.
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