Pennsylvania Act 1992-87 — DOMESTIC RELATIONS (23 PA.C.S.) - AMEND

Act text

DOMESTIC RELATIONS (23 PA.C.S.) - AMEND
                  Act of Jul. 9, 1992, P.L. 400, No. 87               Cl. 23
                             Session of 1992
                               No. 1992-87

     SB 402

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, providing for a lottery winnings
        intercept in relation to delinquent support obligors; and
        further providing for emergency relief.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 23 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 4308.  Lottery winnings intercept.
        (a)  Duty of Department of Revenue.--In the case of any
     person winning more than $2,500 in the Pennsylvania State
     Lottery, the Department of Revenue shall request the Department
     of Public Welfare to make all reasonable efforts to determine if
     the winner is a delinquent support obligor prior to making any
     lottery winnings payment. If the winner is so found, the amount
     of any arrearages shall be deducted from the amount of lottery
     winnings and paid to the obligee in the manner provided in this
     title for the administration of support payments.
        (b)  Duties of Department of Public Welfare.--The Department
     of Public Welfare shall:
            (1)  Cause a search to be made periodically of the
        following:
                (i)  Its records relative to the Title IV-D Program.
                (ii)  Any information received from county domestic
            relations offices relative to arrearages of court-ordered
            child support.
                (iii)  Any information received from states with
            reciprocal enforcement of child support relative to
            arrearages of court-ordered child support.
            (2)  Furnish the Department of Revenue with the following
        information:
                (i)  The Department of Public Welfare identifier.
                (ii)  The obligor's full name and Social Security
            number.
                (iii)  The amount of the arrearage and the identifier
            of the court order which underlies it.
            (3)  Request the Department of Revenue to withhold from a
        lottery prizewinner the amount of any arrearage discovered
        pursuant to the provisions of paragraph (1).
            (4)  Request the Department of Revenue to pay over,
        whether in a lump sum or by installment, to the Department of
        Public Welfare that part of the prize which satisfies this
        arrearage and:
                (i)  Deduct from the amount received from the
            Department of Revenue any amount assigned to the
            Department of Public Welfare.
                (ii)  Pay over to the domestic relations section for
            distribution to the obligee of the child support court
            order the amount of prizewinnings which satisfies the
            arrearage owed to the obligee. This payment shall be made
            within 30 days of the date when the winnings are
            withheld.
            (5)  May, if prizewinnings are insufficient to satisfy
        the arrearages owed under the child support order, proceed as
        follows:
                (i)  It may collect as provided by law.
                (ii)  It may reinitiate the procedures set forth in
            this section if the obligor wins a subsequent lottery
            prize.
            (6)  Determine and set a fee which reflects the actual
        costs it and the Department of Revenue incur to administer
        this section, submit this calculation to the Department of
        Revenue for its approval, request the Department of Revenue
        to deduct the calculated amount from the amount to be paid to
        the prizewinner after the prizewinner's child support
        obligation has been fully satisfied and request that the
        deducted amount be divided between both departments based on
        the administrative expenses incurred by each.
            (7)  Within 30 days of the date the prize was won:
                (i)  Award the prizewinner the lottery prize winnings
            in whole or in part.
                (ii)  If applicable, notify the prizewinner that the
            prize or a portion thereof was used to satisfy arrearages
            owed for court-ordered child support.
        (c)  Notice.--The domestic relations section shall send a
     one-time notice to all obligors of existing orders informing
     them that arrearages may be intercepted as provided by this
     section.
        (d)  Right to review.--A lottery prizewinner whose prize is
     used to satisfy an obligation under this section may appeal to
     the Department of Public Welfare in accordance with 2 Pa.C.S.
     (relating to administrative law and procedure). The appeal shall
     be filed within 30 days after the prizewinner is notified by the
     Department of Revenue that the prize has been reduced or totally
     withheld to satisfy the prizewinner's outstanding arrearages for
     child support and related obligations.
        (e)  Rules and regulations.--The Department of Revenue and
     the Department of Public Welfare shall, in the manner provided
     by law, jointly promulgate the rules and regulations necessary
     to carry out this section.
        Section 2.  Section 6110(a) of Title 23 is amended to read:
      § 6110.  Emergency relief by minor judiciary.
        (a)  General rule.--When[, in counties with less than four
     judges, the court is unavailable during the business day by
     reason of duties outside the county, illness or vacation, and
     when, in counties with at least four judges, the court deems
     itself unavailable from the close of business at the end of each
     day to the resumption of business the next morning or from the
     end of the business week to the beginning of the business
     week,]:
            (1)  in counties with less than four judges, the court is
        unavailable:
                (i)  from the close of business at the end of each
            day to the resumption of business the next morning;
                (ii)  from the end of the business week to the
            beginning of the business week; and
                (iii)  during the business day by reason of duties
            outside the county, illness or vacation;
            (2)  in counties with at least four judges, the court is
        unavailable:
                (i)  from the close of business at the end of each
            day to the resumption of business the next morning; and
                (ii)  from the end of the business week to the
            beginning of the business week;
     a petition may be filed before a hearing officer who may grant
     relief in accordance with section 6108(a)(1) and (2) or (1) and
     (3) (relating to relief) if the hearing officer deems it
     necessary to protect the plaintiff or minor children from abuse
     upon good cause shown in an ex parte proceeding. Immediate and
     present danger of abuse to the plaintiff or minor children shall
     constitute good cause for the purposes of this subsection.
        * * *
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of July, A. D. 1992.

     ROBERT P. CASEY