PRINTER'S NO. 380
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
366
Session of
2017
INTRODUCED BY SABATINA, BARTOLOTTA, VULAKOVICH, FONTANA,
SCHWANK, TARTAGLIONE, SCAVELLO, COSTA, YUDICHAK, FARNESE,
RAFFERTY, BREWSTER, BROWNE AND WARD, FEBRUARY 15, 2017
REFERRED TO JUDICIARY, FEBRUARY 15, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for definitions and for duties of Title IV-D
attorney and providing for gaming winnings intercept; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "department" and "State
disbursement unit" in section 4302 of Title 23 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 4302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"State disbursement unit." The organizational unit
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established within the Department of [Public Welfare] Human
Services responsible for collecting and disbursing support as
provided in section 4374 (relating to State disbursement unit).
* * *
Section 2. Section 4306(c) of Title 23 is amended to read:
§ 4306. Duties of Title IV-D attorney.
* * *
(c) Joinder of [Department of Public Welfare] department.--
Whenever the record in any support action or proceeding
indicates that the persons for whom support is sought have
received public assistance from the [Department of Public
Welfare] department at any time since the initiation of the
matter, the department may become a party to the action or
proceeding by filing an entry of appearance. This entry of
appearance may be entered without leave of court at any time and
at any stage of the action or proceeding.
Section 3. Title 23 is amended by adding a section to read:
§ 4307.1. Gaming winnings intercept.
(a) Duty of slot machine licensee.--
(1) In the case of a person who plays a slot machine or
table game authorized under 4 Pa.C.S. Pt. 2 (relating to
gaming) and is entitled to be paid gaming winnings of more
than $1,200 in cash or cash equivalents by a slot machine
licensee, the slot machine licensee shall notify the
Pennsylvania State Police and make all reasonable efforts to
determine if the person has a subpoena outstanding due to
unpaid child support prior to the slot machine licensee
making a gaming winnings payment.
(2) If the licensee determines that such subpoena
exists, the amount of any arrearage shall be deducted from
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the amount of gaming winnings and paid to the obligee in the
manner provided in this title for the administration of
support payments.
(b) Duties of Department of Revenue.--The Department of
Revenue, in consultation with the Pennsylvania State Police:
(1) Shall conduct a search periodically of the
following:
(i) The records of the Department of Human Services
relative to the Title IV-D program to determine the
department identifier, the obligor's full name and Social
Security number and the amount of the arrearage and the
identifier of the court order which underlies it.
(ii) Any information received from county domestic
relations offices relative to arrearages of court-ordered
child support.
(iii) Any information received from states with
reciprocal enforcement of child support relative to
arrearages of court-ordered child support.
(2) Shall request the slot machine licensee to withhold
from a gaming winner the amount of an arrearage discovered
under the provisions of paragraph (1).
(3) Shall request the slot machine licensee to pay over,
whether in a lump sum or by installment, to the Department of
Human Services that part of the gaming winnings that
satisfies the arrearage and:
(i) Deduct from the amount received from the slot
machine licensee an amount assigned to the Department of
Human Services.
(ii) Pay over to the domestic relations section for
distribution to the obligee of the child support court
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order the amount of gaming winnings that satisfies the
arrearage owed to the obligee. This payment shall be made
within 30 days of the date when the gaming winnings are
withheld.
(4) May, if gaming winnings are insufficient to satisfy
the arrearage owed under the child support order, proceed as
follows:
(i) The Department of Revenue may collect as
provided by law.
(ii) The Department of Revenue may reinitiate the
procedures specified in this section if the obligor wins
subsequent gaming winnings of $1,200 or more in cash or
cash equivalents.
(5) Shall determine and set a fee that reflects the
actual costs the Department of Revenue and the Department of
Human Services incur to administer this section, shall deduct
the calculated amount from the amount to be paid to the
gaming winner after the gaming winner's child support
obligation has been fully satisfied and divide the deducted
amount between both departments based on the administrative
expenses incurred by each.
(6) Shall, within 30 days of the date the gaming
winnings were won:
(i) Award the gaming winner the winnings in whole or
in part.
(ii) If applicable, notify the gaming winner that
the gaming winnings, or a portion thereof, were used to
satisfy the arrearage owed for court-ordered child
support.
(c) Notice.--The domestic relations section shall send a
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one-time notice to all obligors of existing orders informing
them that arrearages may be intercepted as provided by this
section.
(d) Right to review.--A gaming winner whose gaming winnings
are used to satisfy an obligation under this section may appeal
to the Department of Revenue in accordance with 2 Pa.C.S.
(relating to administrative law and procedure). The appeal shall
be filed within 30 days after the gaming winner is notified by
the Department of Revenue that the gaming winnings have been
reduced or totally withheld to satisfy the gaming winner's
outstanding arrearage for child support and related obligations.
(e) Immunity.--
(1) A person, government agency or slot machine licensee
providing information, encumbering or surrendering property
pursuant to this section shall not be subject to civil or
criminal liability to any person or entity. The department, a
court, a domestic relations section or an authorized employee
of such entity requesting information under this section or
ordering the seizure, encumbrance or surrender of gaming
winnings payable by a slot machine licensee shall not be
subject to any civil or criminal liability.
(2) A slot machine licensee shall not be subject to any
civil or criminal liability for encumbering or surrendering
assets of an obligor as required by this section.
(3) The immunity provided by this subsection shall not
apply to a person or agent of a government agency or slot
machine licensee who knowingly supplies false information
under this section.
(f) Rules and regulations.--The Department of Revenue shall,
in consultation with the department, promulgate the rules and
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regulations necessary to carry out this section.
Section 4. This act shall take effect in 60 days.
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