Committee Sub. for HB NO. 715

By Representative(s) Reeves, Simpson

AMEND by striking Section 1 in its entirety and inserting in lieu thereof the following:

SECTION 1. (1) Gaming proceeds (proceeds) shall be subject to encumbrance for child support payments found by a court of competent jurisdiction to be delinquent.

(2) The Mississippi Department of Human Services, Division of Child Support Enforcement (the department) shall make and keep a registry in which shall be kept information of delinquent child support judgments, as provided in subsection (3). If a payee receives proceeds in the amount of One Thousand Two Hundred Dollars ($1,200.00) or more as the result of gaming on any slot or video machine or as the result of any bingo game, or in the amount of Ten Thousand Dollars ($10,000.00) or more for all games except slot or video machines as the term "game" is defined in Section 75-76-5, the payor of such proceeds shall determine if the proceeds are subject to a judgment for delinquent child support and withhold the proceeds pursuant to the provisions set forth herein.

(3) To engage the benefits of this act, any person to whom a duty of child support is owed, or such person's attorney, must provide a copy of the judgment finding a delinquency to the department. The judgment shall be maintained by the department in a registry which shall be current and which shall be easily and readily accessible to the payor, payee, obligee and the attorney for any of these at all times when any payor is open for business. Accessibility shall be maintained through electronic media or other means which provides instant feedback.

(4) If it is determined that the payee has a child support delinquency, proceeds necessary to pay the full amount of the delinquency shall be withheld and disbursed to the department. If a payee contests such delinquency as provided herein, the proceeds shall be held by the department until the final disposition of such contest by the court which issued the delinquency judgment. Proceeds beyond the amount of the delinquency shall be delivered to the payee. No disbursement shall be made by the department for a period of thirty (30) days in order to allow the payee sufficient time to contest the validity of the claim to the proceeds in the court which issued the judgment of delinquency.

(5) The payee shall have available to him or her the opportunity to contest the accuracy of said payee's identity or the accuracy of the reported amount of the delinquency as follows:

(a) To initiate such contest, the payee must file a petition or complaint in the court which issued the delinquency judgment if same be in the State of Mississippi. If said court is outside the State of Mississippi, such contest shall be filed in the chancery court of the county in which the payor is located. Such petition or complaint must be filed within five (5) business days from the date which the payee becomes entitled to the proceeds.

(b) Any such contest shall be governed, procedurally, by Rule 81(d)(2) of the Mississippi Rules of Civil Procedure. Service upon the department, where applicable, shall be made as provided by Rule 4(d)(5).

(c) Throughout the contest, the proceeds shall be held in escrow by the department in an account of the department's choosing. Upon the expiration of time for filing a contest or conclusion of a contest to the claim in court, whichever first occurs, the proceeds shall be delivered to the obligee or if represented by an attorney, his or her attorney, if the outcome be against the payee or to the payee if the outcome be in his favor.

(d) An administrative fee to be established by the department shall be assessed to the payee and collected from the proceeds in the event the proceeds forwarded to the department are determined to be due under the delinquency judgment.

(6) A payee shall have thirty (30) days from the date of notification of completion of the administrative review provided in subsection (5)(b) of this act to contest such proceedings. Any in court contest of such proceedings shall be had in the court which issued the delinquency judgment support against the payee. If such court be outside the State of Mississippi, such contest shall be had in the chancery court of the county where the payor is located.

(7) Definitions.

(a) "Gaming proceeds" or "proceeds" shall mean any monies paid in lump sum or otherwise to an individual from lotteries, games or gambling games as defined by Section 75-76-5(k), or games or gambling games as described by Section 97-33-50 et seq.

(b) "Child support delinquency" shall have the same meaning as that given it in Section 93-11-101.

(c) "Payor" shall mean the individual, agent or entity, licensed or unlicensed, disbursing the gaming proceeds to the payee.

(d) "Payee" shall mean the gaming activity participant to whom the gaming proceeds are due.

(e) "Obligee" shall mean the person to whom the support obligation is owed.

(8) A payor shall be immune from any civil action for compliance with the provisions of this act provided that such compliance is in good faith.

(9) The provisions of this act shall be cumulative, and not in lieu of, any other provisions of law concerning collection or enforcements of judgments.