Senate Bill 2616

AN ACT TO CREATE NEW SECTION 75-76-58, MISSISSIPPI CODE OF 1972, TO REQUIRE THE GAMING COMMISSION TO COORDINATE WITH THE DEPARTMENT OF HUMAN SERVICES TO PROMULGATE RULES AND REGULATIONS PROVIDING FOR THE WITHHOLDING OF PAYMENTS OF PROGRESSIVE SLOT MACHINE ANNUITIES AND CASH GAMING WINNINGS OF PERSONS WHO HAVE OUTSTANDING CHILD-SUPPORT ARREARAGES AS REPORTED TO THE GAMING COMMISSION, FOR ANY AND ALL PAYMENTS FOR WHICH AN ENTITY LICENSED OR PERMITTED UNDER THE GAMING CONTROL ACT IS REQUIRED TO FILE FORM W2-G, OR A SUBSTANTIALLY EQUIVALENT FORM, WITH THE UNITED STATES INTERNAL REVENUE SERVICE; TO AUTHORIZE ANY LICENSED OR PERMITTED GAMING ENTITY TO DEDUCT AN ADMINISTRATIVE FEE FROM EACH PAYMENT OF A PROGRESSIVE SLOT MACHINE ANNUITY, BEGINNING WITH THE SECOND ANNUITY PAYMENT, OR CASH GAMING WINNINGS OF PERSONS WHO HAVE OUTSTANDING CHILD-SUPPORT ARREARAGES OR OWE CHILD-SUPPORT OVERPAYMENTS PER SINGULAR OR PERIODIC PAYMENT, NOT TO EXCEED $35.00; TO REQUIRE THE GAMING COMMISSION TO ADOPT PROCEDURES DESIGNED TO PREVENT EMPLOYEES FROM WILLFULLY FAILING TO WITHHOLD PAYMENTS OF PROGRESSIVE SLOT MACHINE ANNUITIES OR CASH GAMING WINNINGS FROM PERSONS WHO HAVE OUTSTANDING CHILD-SUPPORT ARREARAGES OR CHILD-SUPPORT OVERPAYMENTS, BASED UPON THE INFORMATION PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES THAT ALLOWS THE LICENSEE TO IDENTIFY SUCH PERSONS; TO REQUIRE THE GAMING COMMISSION AND THE DEPARTMENT OF HUMAN SERVICES TO INSTITUTE PROCEDURES FOR EXCHANGING INFORMATION FOR EFFECTUATING THE PURPOSES OF THIS ACT; TO AMEND SECTION 75-76-3, MISSISSIPPI CODE OF 1972, TO ADD A STATEMENT OF LEGISLATIVE INTENT IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 75-76-58, Mississippi Code of 1972:

75-76-58. (1) The commission shall coordinate with the Department of Human Services to promulgate rules and regulations providing for the withholding of payments of progressive slot machine annuities and cash gaming winnings of persons who have outstanding child-support arrearages as reported to the commission, for any and all payments for which an entity licensed or permitted under Chapter 76 of Title 75, Mississippi Code of 1972, is required to file Form W2-G, or a substantially equivalent form, with the United States Internal Revenue Service.

(2) The commission may require any agency reporting current child-support arrearages to the commission to provide information relating to such arrearages in a manner, format or record approved by the commission.

(3) The commission and any entity licensed or permitted under Chapter 76 of Title 75, Mississippi Code of 1972, shall not be liable for withholding funds based upon child-support arrearage information provided to it.

(4) Any entity licensed or permitted under Chapter 76 of Title 75, Mississippi Code of 1972, may deduct an administrative fee from each payment of a progressive slot machine annuity, beginning with the second annuity payment, or cash gaming winnings of persons who have outstanding child-support arrearages or owe child-support overpayments per singular or periodic payment, not to exceed Thirty-five Dollars ($35.00).

(5) The commission shall also require that the entity licensed or permitted under Chapter 76 of Title 75, Mississippi Code of 1972, adopt procedures designed to prevent employees from willfully failing to withhold payments of progressive slot machine annuities or cash gaming winnings from persons who have outstanding child-support arrearages or child-support overpayments, based upon the information provided by the Department of Human Services that allows the licensee to identify such persons.

(6) Not later than July 1, 2023, the commission and the Department of Human Services shall institute the procedures for exchanging information and institute rulemaking procedures and processes as necessary to implement the provisions of this section.

SECTION 2. Section 75-76-3, Mississippi Code of 1972, is amended as follows:

75-76-3. (1) The provisions of this chapter shall not be construed to legalize any form of gaming which is prohibited under the Mississippi Constitution or the laws of this state. All legal gaming which is conducted in this state and which is otherwise authorized by law shall be regulated and licensed pursuant to the provisions of this chapter, unless the Legislature specifically provides otherwise. Nothing in this chapter shall be construed as encouraging the legalization of gambling in this state.

(2) The Legislature hereby finds and declares that lotteries and gaming both consist of the material element of chance. The Legislature is prohibited from legislating upon lotteries and permitted by virtue of its inherent powers to legislate upon gaming as the occasion arises. The Legislature derives its power to legislate upon gaming or gambling devices from its inherent authority over the morals and policy of the people and such power shall not be considered to conflict with the constitutional prohibition of lotteries.

(3) The Legislature hereby finds, and declares it to be the public policy of this state, that:

(a) Regulation of licensed gaming is important in order that licensed gaming is conducted honestly and competitively, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.

(b) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.

(c) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state.

(d) Children are adversely affected when parents who have outstanding child-support obligations divert their financial support to gaming. Therefore, a parent's winnings should be applied to the parent's outstanding child-support obligations.

(4) It is the intent of the Legislature that gaming licensees, to the extent practicable, employ residents of Mississippi as gaming employees and other employees in the operation of their gaming establishments located in this state.

(5) No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter is a revocable privilege, and no holder acquires any vested right therein or thereunder.

(6) The Legislature recognizes that Section 98 of the Mississippi Constitution of 1890 prohibits the conducting of any lottery in this state and that, while not defining the term "lottery," Section 98 clearly contemplates, as indicated by specific language contained therein, that a lottery involves the sale of tickets and a drawing in order to determine the winner. The Legislature also recognizes that Section 98 of the Mississippi Constitution of 1890 directs the Legislature to provide by law for the enforcement of its provisions. Therefore, in carrying out its duties under the Constitution and effectuating the intent of Section 98, the Legislature hereby finds that a lottery, as prohibited by the Constitution, does not include all forms of gambling but means any activity in which:

(a) The player or players pay or agree to pay something of value for chances, represented and differentiated by tickets, slips of paper or other physical and tangible documentation upon which appear numbers, symbols, characters or other distinctive marks used to identify and designate the winner or winners; and

(b) The winning chance or chances are to be determined by a drawing or similar selection method based predominately upon the element of chance or random selection rather than upon the skill or judgment of the player or players; and

(c) The holder or holders of the winning chance or chances are to receive a prize or something of valuable consideration; and

(d) The activity is conducted and participated in without regard to geographical location, with the player or players not being required to be present upon any particular premises or at any particular location in order to participate or to win.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.