‘Sec. 2. 19-A MRSA §2360-B is enacted to read:
§ 2360-B. Setoff of debts against gambling winnings
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Child support debt" means a child support debt owed to the State that has been liquidated by judicial or administrative action.
B. "Slot machine" has the same meaning as set forth in Title 8, section 1001, subsection 39.
C. "Slot machine operator" has the same meaning as set forth in Title 8, section 1001, subsection 42.
D. "Slot machine winnings" or "winnings" means the cash, tokens or credits to be exchanged for cash, merchandise or anything of value that a person playing a slot machine receives.
2. Reportable winnings; determination whether child support obligor. A slot machine operator may not pay to an individual any slot machine winnings meeting the criteria for reporting to the federal Internal Revenue Service pursuant to the Internal Revenue Code, 26 United States Code, Section 6041 until the slot machine operator has complied with this section.
A. The slot machine operator shall determine according to the method provided by the department pursuant to subsection 4 whether the winner is a person who owes a child support debt.
B. If the winner is a person who owes a child support debt, the slot machine operator shall pay the department the child support debt due from the winnings and notify the winner of the offset. The slot machine operator shall pay the winner any remaining amount of the winnings not offset by the child support debt.
C. The slot machine operator shall inform a winner determined to be a person who owes a child support debt of the winner's right to request a hearing before the department. The winner has 30 days from the date the winner receives notice of the offset to request a hearing.
D. The department shall hold winnings paid to the department under paragraph B until the time to request a hearing has lapsed or until a hearing is held. The department shall refund the money to the winner if it is determined that the child support debt is not owed.
3. Hearing. If the winner requests a hearing pursuant to subsection 2, paragraph C within 30 days of the receipt of the notice of the offset of the child support debt against the winnings, the department shall hold a hearing. The hearing is limited to the questions of whether the debt is liquidated and whether post-liquidation events have affected the winner's liability. The decision of the department as to the existence of a liquidated debt constitutes final agency action.
4. Method for determination of child support obligors, child support debt. The department shall provide a method by which a slot machine operator can determine within a reasonable time whether a winner is a person who owes a child support debt and the amount of the debt to be set off.
5. Written materials. The department shall provide to a slot machine operator written information for the slot machine operator to provide to winners who are determined to be persons who owe a child support debt. The written information must explain the set-off process and the winner's right to request a hearing and the procedure for doing so.
6. Confidentiality. Any information about a person who owes a child support debt provided by the department to a slot machine operator under this section is confidential. The information may be used by the slot machine operator only for the purpose of carrying out the requirements of this section. Use or disclosure of the information for any other purpose is a Class E crime.
7. Immunity from liability. A slot machine operator is immune from criminal and civil liability for its good faith actions to comply with this section.
8. Penalties. A slot machine operator who knowingly fails to comply with the offset procedures as outlined by this section is subject to a fine of $1,000 per violation. ’