MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A; Ways and Means

By: Representative Moody

AN ACT TO CODIFY SECTION 75-76-282, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PROCEDURE WHEREBY THE PAYOR SHALL WITHHOLD AND PAY TO THE CHILD SUPPORT UNIT CERTAIN GAMING PROCEEDS OF NONCUSTODIAL PARENTS WHO OWE DELINQUENT CHILD SUPPORT, TO GRANT THE PAYEE THE OPPORTUNITY TO CONTEST THE CLAIM ON SUCH PROCEEDS, AND TO PROVIDE FOR A FINE FOR FAILURE TO COMPLY WITH SUCH WITHHOLDING REQUIREMENT; TO AMEND SECTION 93-11-71, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following provision shall be codified as Section 75-76-282, Mississippi Code of 1972:

75-76-282. (1) Gaming proceeds shall be subject to encumbrance for delinquent child support payments assessed by a court of competent jurisdiction or otherwise provided in Titles 43 and 93, Mississippi Code of 1972.

(2) Proceeds in amounts equal to or above amounts subject to taxation under applicable state or federal gaming laws shall be reported by the payor to the Mississippi Department of Human Services, Division of Child Support Enforcement pursuant to the provisions set forth herein.

(3) Initial inquiry shall be made by any entity or licensee engaging in business regulated by or similar to business regulated by the provisions of the Gaming Control Act. Such inquiry shall determine the existence and amount of any child support delinquency and may be made via telephone to a telephone number provided and maintained by the department, and shall be accessible twenty-four (24) hours, seven (7) days a week, or such other electronic media as may be agreed upon by the department and the payor.

(4) Initial inquiries pursuant to this section shall be made within twenty-four (24) hours.

(5) If it is determined that the payee has a child support delinquency, proceeds up to the full amount of the delinquency shall be withheld and disbursed to the department. Proceeds beyond the amount of the delinquency shall be delivered to the payee.

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

(a) The payee shall have the right to review of the department's claim of the proceeds. To request such review, the payee must contact the office of the department in the county in which the child support order is entered. Such contact must be made within five (5) business days from the date upon which the payee seeks payment of the proceeds from the payor.

(b) The department shall grant a review which shall occur within twenty-four (24) business hours if contact is made with the office by personal appearance, telephone or electronic medium. If contact is made by writing, such review shall occur within five (5) business days of receipt of such contact.

(c) The payee may contest the determination of the review by filing a petition with a court of competent jurisdiction.

(d) Throughout the review and determination processes, the proceeds shall be held by the department in an account of the department's choosing, and shall be delivered to the payee, should he or she prevail.

(e) Any administrative and legal fees incurred by the payor or the department throughout the procedures described herein or pursuant to such procedures shall be assessed to the payee in the event the proceeds are forwarded to the department.

(7) For purposes of this section:

(a) "Gaming 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), Mississippi Code of 1972, or games or gambling games as defined by Section 97-33-51, Mississippi Code of 1972.

(b) "Child support delinquency" shall have the same meaning as that given it in Section 93-11-101, Mississippi Code of 1972.

(c) "Payor" shall mean the individual, agency 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.

(8) Failure by the payor or payee to comply with the provisions of this section shall subject the payor or payee to a fine of not less than One Thousand Dollars ($1,000.00).

(9) Notwithstanding any provision of this or any other section of the Mississippi Code of 1972, the Department of Human Services shall not be prohibited from entering into a contractual or other similar arrangement with any individual, agency, entity or payor conducting such games or gambling games in Mississippi as are addressed herein.

SECTION 2. Section 93-11-71, Mississippi Code of 1972, is amended as follows:

93-11-71. (1) Whenever a court orders any person to make periodic payments of a sum certain for the maintenance or support of a child, and whenever such payments as have become due remain unpaid for a period of at least thirty (30) days, a judgment by operation of law shall arise against the obligor in an amount equal to all payments which are then due and owing.

(a) A judgment arising under this section shall have the same effect and be fully enforceable as any other judgment entered in this state. A judicial or administrative action to enforce said judgment may be commenced at any time; and

(b) Such judgments arising in other states by operation of law shall be given full faith and credit in this state.

(2) Any judgment arising under the provisions of this section shall operate as a lien upon all the property of the judgment debtor, both real and personal, which lien shall be perfected as to third parties without actual notice thereof only upon enrollment on the judgment roll. The department or attorney representing the party to whom support is owed shall furnish an abstract of the judgment for periodic payments for the maintenance and support of a child, along with sworn documentation of the delinquent child support, to the circuit clerk of the county where the judgment is rendered, and it shall be the duty of the circuit clerk to enroll the judgment on the judgment roll. Liens arising under the provisions of this section may be executed upon and enforced in the same manner and to the same extent as any other judgment.

(3) Notwithstanding the provisions in paragraph (2), any judgment arising under the provisions of this section shall subject the following assets to interception or seizure without regard to the entry of the judgment on the judgment roll of the situs district or jurisdiction:

(a) Periodic or lump-sum payments from a federal, state or local agency, including unemployment compensation, workers' compensation and other benefits;

(b) Winnings from lotteries and gaming winnings as provided in Section 1 of House Bill No. ____, 2000 Regular Session;

(c) Assets held in financial institutions;

(d) Settlements and awards resulting from civil actions; and

(e) Public and private retirement funds, only to the extent that the obligor is qualified to receive and receives a lump sum or periodic distribution from the funds.

(4) In any case in which a child receives assistance from block grants for Temporary Assistance for Needy Families (TANF), and the obligor owes past-due child support, the obligor, if not incapacitated, may be required by the court to participate in any work programs offered by any state agency.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.