An Act To Increase Child Support Collections by Requiring the Interception of Certain Gambling Winnings
Maine Legislature, Session 126, LD 1034
Committee: Judiciary
Sponsors: GUERIN, HAMPER, FARNSWORTH, SANDERSON, SIROCKI, STUCKEY
Amends: 8 MRSA §300-B, 8 MRSA §1066

Legislative Document 
No. 1034 
H.P. 729 
House of Representatives, March 14, 2013 
An Act To Increase Child Support Collections by Requiring the 
Interception of Certain Gambling Winnings 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GUERIN of Glenburn. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: FARNSWORTH of Portland, SANDERSON of Chelsea, SIROCKI of 
Scarborough, STUCKEY of Portland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  8 MRSA §300-B is enacted to read: 
§300-B.  Interception of pari-mutuel winnings to pay child support debt 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Child support debt" means child support debt that has been liquidated by judicial 
or administrative action. 
B.  "Department" means the Department of Health and Human Services. 
C.  "Registry operator" means the department or an entity with whom the department 
enters into a contract to maintain the registry pursuant to subsection 3. 
2.  Interception.  A licensee shall intercept pari-mutuel winnings to pay child support 
debt in accordance with this section. 
3.  Registry.  The department shall create and maintain, or shall contract with a 
private entity to create and maintain, a secure, electronically accessible registry 
containing information regarding individuals with outstanding child support debt. The 
department shall regularly enter into the registry information including: 
A.  The name and social security number of each individual with outstanding child 
support debt; 
B.  The account number or identifier assigned by the department to the outstanding 
child support debt; 
C.  The amount of the outstanding child support debt; and 
D.  Any other information necessary to effectuate the purposes of this section. 
4.  Electronic access to information; procedures.  A licensee shall electronically 
access the registry in accordance with this subsection. 
A.  Before making a payout on a winning wager of an amount equal to or greater than 
the amount for which the licensee is required to file a Form W-2G or substantially 
equivalent form with the United States Internal Revenue Service, the licensee shall 
obtain the name, address, date of birth and social security number of the individual 
who placed the winning wager and shall electronically submit this information to the 
registry operator. 
B.  Upon receipt of information pursuant to paragraph A, the registry operator shall 
electronically inform the licensee whether the individual who placed the winning 
wager is listed in the registry. If the individual is listed in the registry, the registry 
operator shall inform the licensee of the amount of the individual's outstanding child 
support debt and the account number or identifier assigned to the outstanding child 
support debt and shall provide the licensee with a notice of withholding that informs 
the individual of the right to an administrative hearing. 
C.  If the registry operator informs the licensee that the individual who placed a 
winning wager is not listed in the registry or if the licensee is unable to obtain 
information from the registry operator after attempting in good faith to do so, the 
licensee may make payment to the individual. 
D.  If the registry operator informs the licensee that the individual who placed a 
winning wager is listed in the registry, the licensee may not make payment to the 
individual unless the amount of the payout exceeds the amount of outstanding child 
support debt, in which case the licensee may make payment to the individual of the 
amount of winnings that is in excess of the amount of the individual's outstanding 
child support debt. 
5.  Lien against winnings.  If the registry operator informs a licensee pursuant to this 
section that an individual who placed a winning wager is listed in the registry, the 
department has a valid lien upon and claim of lien against the payout on the winning 
wager in the amount of the individual's outstanding child support debt. 
6.  Withholding of winnings.  The licensee shall withhold from any payout on a 
winning wager an amount equal to the amount of the lien created under subsection 5 and 
shall provide a notice of withholding to the individual who placed the winning wager.  
Within 24 hours after withholding an amount pursuant to this subsection, the licensee 
shall transmit the amount withheld to the department together with a report of the name, 
address and social security number of the individual from whom payment was withheld, 
the account number or identifier assigned to the debt, the amount withheld, the date of 
withholding and the name and location of the licensee. 
7.  Licensee costs.  Notwithstanding subsection 6, the licensee may retain $15 from 
an amount withheld pursuant to this section to cover the cost of the licensee's compliance 
with this section. 
8.  Administrative hearing.  An individual from whom an amount was withheld 
pursuant to this section has the right, within 15 days of receipt of the notice of 
withholding, to request from the department an administrative hearing.  The hearing is 
limited to questions of whether the debt is liquidated and whether any postliquidation 
events have affected the individual's liability.  The administrative hearing decision 
constitutes final agency action. 
9.  Authorization to provide information.  Notwithstanding any other provision of 
law to the contrary, the licensee may provide to the department or registry operator any 
information necessary to effectuate the intent of this section. The department or registry 
operator may provide to the licensee any information necessary to effectuate the intent of 
this section. 
10.  Confidentiality of information.  Information obtained by the department or 
registry operator from a licensee pursuant to this section and information obtained by the 
licensee from the department or registry operator pursuant to this section remain 
confidential and may be used only for the purposes set forth in this section.  An employee 
or prior employee of the department or registry operator or an employee or prior 
employee of a licensee who unlawfully discloses any such information is subject to the 
penalties specified by law for unauthorized disclosure of confidential information. 
11.  Effect of compliance.  A licensee, the department and the registry operator are 
not liable for any action taken in good faith to comply with this section. 
12.  Exemption for agricultural fairs.  This section does not apply to payouts on 
winning wagers placed on races conducted at agricultural fairs. 
13.  Biennial review.  The department shall report to the Legislature and the 
Governor on or before January 31, 2015 and biennially thereafter on: 
A.  The number of names of individuals submitted by licensees to the registry 
operator pursuant to this section in each of the preceding 2 calendar years; 
B.  The number of individuals who were found to be listed in the registry in each of 
the preceding 2 calendar years; 
C.  The amount of winnings withheld by licensees pursuant to this section in each of 
the preceding 2 calendar years; and 
D.  The amount of withheld winnings refunded to individuals as the result of 
administrative hearings requested pursuant to this section in each of the preceding 2 
calendar years. 
Sec. 2.  8 MRSA §1066 is enacted to read: 
§1066.  Interception of slot machine or table game winnings to pay child support 
debt 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Child support debt" means child support debt that has been liquidated by judicial 
or administrative action. 
B.  "Department" means the Department of Health and Human Services. 
C.  "Registry operator" means the department or an entity with whom the department 
enters into a contract to maintain the registry pursuant to subsection 3. 
D.  "Winner" means a slot machine customer or a table game customer to whom cash 
is returned as winnings. 
2.  Interception.  A licensee shall intercept slot machine and table game winnings to 
pay child support debt in accordance with this section. 
3.  Registry.  The department shall create and maintain, or shall contract with a 
private entity to create and maintain, a secure, electronically accessible registry 
containing information regarding individuals with outstanding child support debt. The 
department shall regularly enter into the registry information including: 
A.  The name and social security number of each individual with outstanding child 
support debt; 
B.  The account number or identifier assigned by the department to the outstanding 
child support debt; 
C.  The amount of the outstanding child support debt; and 
D.  Any other information necessary to effectuate the purposes of this section. 
4.  Electronic access to information; procedures.  A licensee shall electronically 
access the registry in accordance with this subsection. 
A.  Before making a payout of winnings of an amount equal to or greater than the 
amount for which the licensee is required to file a Form W-2G or substantially 
equivalent form with the United States Internal Revenue Service, the licensee shall 
obtain the name, address, date of birth and social security number of the winner and 
shall electronically submit this information to the registry operator. 
B.  Upon receipt of information pursuant to paragraph A, the registry operator shall 
electronically inform the licensee whether the winner is listed in the registry. If the 
winner is listed in the registry, the registry operator shall inform the licensee of the 
amount of the winner's outstanding child support debt and the account number or 
identifier assigned to the outstanding child support debt and shall provide the licensee 
with a notice of withholding that informs the winner of the right to an administrative 
hearing. 
C.  If the registry operator informs the licensee that the winner is not listed in the 
registry or if the licensee is unable to obtain information from the registry operator 
after attempting in good faith to do so, the licensee may make payment to the winner. 
D.  If the registry operator informs the licensee that the winner is listed in the 
registry, the licensee may not make payment to the winner unless the amount of the 
payout exceeds the amount of outstanding child support debt, in which case the 
licensee may make payment to the winner of the amount of winnings that is in excess 
of the amount of the winner's outstanding child support debt. 
5.  Lien against winnings.  If the registry operator informs a licensee pursuant to this 
section that a winner is listed in the registry, the department has a valid lien upon and 
claim of lien against the winnings in the amount of the winner's outstanding child support 
debt. 
6.  Withholding of winnings.  The licensee shall withhold from any winnings an 
amount equal to the amount of the lien created under subsection 5 and shall provide a 
notice of withholding to the winner.  Within 24 hours after withholding an amount 
pursuant to this subsection, the licensee shall transmit the amount withheld to the 
department together with a report of the name, address and social security number of the 
winner, the account number or identifier assigned to the debt, the amount withheld, the 
date of withholding and the name and location of the licensee. 
7.  Licensee costs.  Notwithstanding subsection 6, the licensee may retain $15 from 
an amount withheld pursuant to this section to cover the cost of the licensee's compliance 
with this section. 
8.  Administrative hearing.  A winner from whom an amount was withheld pursuant 
to this section has the right, within 15 days of receipt of the notice of withholding, to 
request from the department an administrative hearing.  The hearing is limited to 
questions of whether the debt is liquidated and whether any postliquidation events have 
affected the winner's liability.  The administrative hearing decision constitutes final 
agency action. 
9.  Authorization to provide information.  Notwithstanding any other provision of 
law to the contrary, the licensee may provide to the department or registry operator any 
information necessary to effectuate the intent of this section. The department or registry 
operator may provide to the licensee any information necessary to effectuate the intent of 
this section. 
10.  Confidentiality of information.  Information obtained by the department or 
registry operator from a licensee pursuant to this section and information obtained by the 
licensee from the department or registry operator pursuant to this section remain 
confidential and may only be used for the purposes set forth in this section.  An employee 
or prior employee of the department or registry operator or an employee or prior 
employee of a licensee who unlawfully discloses any such information is subject to the 
penalties specified by law for unauthorized disclosure of confidential information. 
11.  Effect of compliance.  A licensee, the department and the registry operator are 
not liable for any action taken in good faith to comply with this section. 
12.  Biennial review.  The department shall report to the Legislature and the 
Governor on or before January 31, 2015 and biennially thereafter on: 
A.  The number of names of winners submitted by licensees to the registry operator 
pursuant to this section in each of the preceding 2 calendar years; 
B.  The number of winners who were found to be listed in the registry in each of the 
preceding 2 calendar years; 
C.  The amount of winnings withheld by licensees pursuant to this section in each of 
the preceding 2 calendar years; and 
D.  The amount of withheld winnings refunded to winners as the result of 
administrative hearings requested pursuant to this section in each of the preceding 2 
calendar years. 
SUMMARY 
This bill requires that licensees that conduct pari-mutuel wagering on horse racing in 
this State and licensees that operate slot machines and table games intercept the gambling 
winnings of individuals with outstanding child support debt and requires that those 
amounts be forwarded to the Department of Health and Human Services.