An Act To Increase Child Support Collections
Maine Legislature, Session 124, LD 0399
Committee: Health and Human Services
Sponsors: SIMPSON

Legislative Document 
No. 399 
In Senate, February 5, 2009 
An Act To Increase Child Support Collections 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator SIMPSON of Androscoggin. 
Cosponsored bySenator: NUTTING of Androscoggin. 
Printed on recycled paper 
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JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRS A §2360-B is enacted to read: 
§2360-B. Setoff of debts against gambling winnings 
1. Definitions. As used in tlllS section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Child support debt" means a child support debt owed to the State that has been 
liquidated by judicial or administrative actlon. 
B. "Gambling winnings" means the cash, tokens or credits to be exchanged for cash, 
merchandise or anything of value that an individual receives from: 
(1) Slot machines operated by a slot machine operator, as dermed in Title 8, 
section 1001, subsection 42; 
(2) Pari-mutuel wagering at an off-track betting facility licensed under Title 8, 
section 275-D; or 
(3) Pari-mutuel wagering at a: commercial track licensed under Title 8, section 
271. 
C. "Gambling winnings reporter" means: 
(1) A slot machine operator, as defined in Title 8, section 1001, subsection 42; 
(2) A person licensed to conduct pari-mutuel wagering at an off-track betting 
facility under Title 8, section 275"D; and 
(3) A person licensed to conduct pari-mutuel wagering at a commercial track 
under Title 8, section 271. 
2. 
Reportable winnin2s~ determination whether child support obligor. 
A 
gambling winnings reporter may not pay to an individual any gambling winnings meeting 
the criteria for reporting to the Internal Revenue Service pursuant to 26 United States 
Code, Section 6041 until the gambling winnings reporter has complied with this section. 
. A. The gambling winnings reporter shall determine whether the winner is a person 
who owes a child support debt using the method established under subsection 4. 
B. If the wilmer is a person who owes a child support debt, the gambling winnings 
reporter shall pay the department the child support debt due from the gambling 
winnings and notify the winner of the offset. The gambling winnings reporter shall 
pay the winner any remaining amount of the gambling winnings not offset by the 
child support debt. 
C. The gambH.ng winnings reporter shall inform the winner of the winner's right to 
request a hearing before the department. The winner has 30 days from the date the 
winner receives notice of the offset to request a hearing. 
D. The department shall hold gambling winnings until the time to request a hearing 
has lapsed or until a hearing is held. The department shall refund the gambling 
winnings to the winner if it is detern1ined that the child support debt is not owed. 
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3. Hearing. If a wiIDler under subsection 2 requests a hearing within 30 days of the 
receipt of the notice of the offset of the child support debt' against the gambling winnings, 
the department shall hold a hearing. The hearing is limited to the questions of whether 
the debt is liquidated and whether postliquidation events have affected the wiIDler's 
liability. 
The decision of the department as to the existence of a liquidated debt 
constitutes final agency action. 
4. Method for determination of child support obligors, child support debt. The 
department shall provide a method by which a gambling winnings reporter can determine 
within a reasonable time whether a wiIDler under subsection 2 is a person who owes a 
child support debt and the amount of the debt to be set off. 
5. 
Written materials. 
The department shall provide to a gambling winnings 
reporter written information for the gambling winnings reporter to provide to a wiIDler 
who is determined to be a person who owes a child support debt. The written information 
must explain the set-off process and the wiIDler's right' to request a hearing and the 
procedure for doing so. 
6. Confidentiality. Any information about a person owing a child support debt 
provided by the department to a gambling winnings reporter under this section is 
confidential. The information may be used by the gambling winnings reporter only for 
the purpose of carrying out the requirements of this section. Use or disclosure of the 
information for any other purpose is a Class E crime. 
7. 
Immunity from liability. 
A gambling wiIDlings reporter is immune from 
criminal and civil liability for the reporter's good faith actions to comply with this section. 
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8. Penalties. A gambling winnings reporter who lmowingly fails to comply with the 
offset procedures as outlined by this section commits a civil violation for which a fine of 
not more than $1,000 may be adjudged. 
SUMMARY 
This bill requires persons licensed as slot machine operators and persons licensed to 
conduct pari-mutuel wagering at off-track betting facilities or commercial tracks to offset 
gambling winnings for the purpose of collecting child support debts prior to disbursing 
winnings to a child support obligor. 
A similar process is currently used by the 
Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
and Lottery Operations when an individual wins the lottery. 
The term "gambling 
winnings reporter" means a slot machine operator and a person licensed to conduct pari-
mutuel wagering at off-track betting facilities or commercial tracks. The bill does not 
apply to pari-mutuel wagering at agricultural fairs. 
The Department of Health and Human Services shall provide a method for the 
gambling winnings reporter to determine whether a person due gambling winnings owes 
a child support debt. If the wiIDler owes a child support debt, the gambling winnings 
reporter shall subtract from the winnings the amount of the child support debt and remit 
the amount of the winnings that were subtracted to the department. 
The person identified as owing the child support debt has a right to appeal the 
determination. 
The department shall prepare written materials for all. the gambling winnings 
reporters to provide to patrons who are determined to owe child support debts; 
Any information about a person oWing child support provided by the department to a 
gambling winnings reporter is confidential. 
The information may be used by the 
gambling winnings reporter only for the purpose of carrying out the law. 
Use or 
disclosure of the information for'anyother purpose is a Class E crime. 
A gambling winnings reporter is immune from criminal and civil liability for good 
. faith actions to comply with the law. A gambling winnings reporter who lmowingly fails 
to comply with the offset procedures is subj ect to a civil penalty of $1 ,000 per violation. 
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