An Act To Set Off Court Fines, Surcharges and Assessments against Lottery Winnings
Maine Legislature, Session 129, LD 1609
Committee: Judiciary
Sponsors: BAILEY, CARPENTER
Amends: 8 MRSA §378-A, 14 MRSA §3141-A

Legislative Document
No. 1609
H.P. 1161
House of Representatives, April 23, 2019
An Act To Set Off Court Fines, Surcharges and Assessments against 
Lottery Winnings
Submitted by the Judicial Department pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Cosponsored by Senator: CARPENTER of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  8 MRSA §378-A is enacted to read:
§378-A.  Setoff of claims against lottery winnings; priority
If the bureau is required under state law or court order to set off a person's lottery 
winnings against a claim of an amount due and more than one claim is made against the 
lottery winnings, the bureau shall set off against the winnings as many claims as possible 
in the following order of priority:
1.  Liquidated child support debts.  Liquidated child support debts owed to or 
through the Department of Health and Human Services pursuant to Title 19-A, section 
2360;
2.  Liquidated tax liabilities.  Liquidated tax liabilities pursuant to Title 36, section 
185, subsection 3;
3.  Unemployment compensation debt.  Unemployment compensation debt 
pursuant to Title 26, section 1051, subsection 8;
4.  Court-ordered restitution obligations.  Court-ordered restitution obligations 
when the amounts due are identified by a district attorney's office;
5.  Fines, surcharges and assessments owed to State.  Fines, surcharges and 
assessments imposed by any of the courts and owed to the State pursuant to Title 14, 
section 3141-A; and
6.  All other claims.  All other claims in the order of their receipt.
Sec. 2.  14 MRSA §3141-A is enacted to read:
§3141-A.  Setoff of fines against lottery winnings
The State Court Administrator appointed pursuant to Title 4, section 15 shall 
periodically notify the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations, referred to in this subsection as "the 
bureau," of all persons who owe a monetary fine, surcharge or assessment imposed by a 
court to the State under this Title.  Prior to paying any lottery winnings that must be paid 
directly by the bureau, the bureau shall determine whether the lottery winner is on the list 
of persons who owe a monetary fine, surcharge or assessment imposed by a court to the 
State under this Title.  If the winner is on the list of persons who owe a monetary fine, 
surcharge or assessment imposed by a court, the bureau shall suspend payment of the 
winnings and provide notice to the winner of its intention to set off the winnings against 
the monetary fine, surcharge or assessment owed.  The bureau shall provide the winnings 
due to the winner to the State Court Administrator in payment of any monetary fine, 
surcharge or assessment owed by the winner under this Title.  The bureau shall release 
any remaining winnings in accordance with state law.
SUMMARY
This bill requires the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations to set off lottery winnings against monetary 
fines, surcharges and assessments imposed by a court of the State.  The bill also 
establishes an order of priority the bureau must follow if there is more than one claim to 
the lottery winnings pursuant to state law or court order.