Sec. 3770.07. (A)(1) Except as provided in division (A)(2) | 37 |
of this section, lottery prize awards shall be claimed
by the | 38 |
holder of the winning lottery ticket, or by the executor
or | 39 |
administrator, or the trustee of a trust, of the
estate of a | 40 |
deceased holder of a winning lottery
ticket, in a manner to be | 41 |
determined
by the state lottery
commission, within one hundred | 42 |
eighty days
after the date on
which the prize award was announced | 43 |
if the
lottery game is an
on-lineonline game, and within one | 44 |
hundred eighty
days after the close
of the game if the lottery | 45 |
game is an instant
game. No lottery prize award with a value that | 46 |
exceeds five hundred ninety-nine dollars shall be claimed by or | 47 |
paid to any person, as defined in section 1.59 of the Revised Code | 48 |
or as defined by rule or order of the state lottery commission, | 49 |
until the name, address, and social security number of each | 50 |
beneficial owner of the prize award are disclosed to the | 51 |
commission. Except with a beneficial owner's permission, the name, | 52 |
address, and social security number of that beneficial owner in | 53 |
the commission's records as a result of that disclosure shall not | 54 |
be subject to inspection or copying under section 149.43 of the | 55 |
Revised Code as a public record. Except as otherwise provided in | 56 |
division (A)(1) of this section or as otherwise provided by law, | 57 |
the name and address of any individual claiming a lottery prize | 58 |
award are subject to inspection or copying under section 149.43 of | 59 |
the Revised Code as a public record. | 60 |
(2) An eligible person serving on active military duty in any | 61 |
branch of the United States armed forces during a war or national | 62 |
emergency declared in accordance with federal law may submit a | 63 |
delayed claim for a lottery prize award. The eligible person shall | 64 |
do so by notifying the state lottery commission about the claim | 65 |
not later than the five hundred fortieth day after the date on | 66 |
which the prize award was announced if the lottery game is an | 67 |
on-lineonline game or after the date on which the lottery game | 68 |
closed if the lottery game is an instant game. | 69 |
(3) If no valid
claim to a lottery prize award is made within | 70 |
the
prescribed period,
the prize money, the cost of goods and | 71 |
services awarded as
prizes, or, if goods or services awarded as | 72 |
prizes are
resold by the state lottery
commission, the proceeds | 73 |
from their sale shall be
returned to the
state lottery fund and | 74 |
distributed in accordance
with section
3770.06 of the Revised | 75 |
Code. | 76 |
(ii) While serving in the reserve forces in this state, the | 86 |
person, as the result of a war or national emergency declared in | 87 |
accordance with federal law, is placed on active military duty and | 88 |
is transferred out of this state before the expiration of the one | 89 |
hundred eightieth day after the date on which the prize drawing | 90 |
occurs for an on-lineonline game or before the expiration of the | 91 |
one hundred eightieth day following the close of an instant game | 92 |
as determined by the commission. | 93 |
(B) If a
prize winner, as
defined in section 3770.10 of the | 102 |
Revised Code, is under eighteen
years of age, or is under some | 103 |
other legal disability, and the
prize money or the cost of goods | 104 |
or services awarded as a prize
exceeds one thousand dollars, the | 105 |
director of the state lottery commission shall order that
payment | 106 |
be made to the order of the
legal guardian of
that prize winner. | 107 |
If the amount of the prize
money
or the
cost of
goods or services | 108 |
awarded as a prize is one
thousand
dollars or
less, the director | 109 |
may order that payment be
made to
the order of
the adult member, | 110 |
if any, of
that prize
winner's family
legally responsible for
the | 111 |
care of
that prize
winner. | 112 |
(D)(1) No right of any
prize winner, as defined in
section | 116 |
3770.10 of the Revised Code, to a prize award shall be
assignable, | 117 |
or subject to garnishment, attachment, execution,
withholding, or | 118 |
deduction, except as follows: as provided in
sections 3119.80, | 119 |
3119.81, 3121.02, 3121.03, and
3123.06 of the
Revised Code; when | 120 |
the
payment is to be made to the executor or
administrator, or the | 121 |
trustee of a trust, of the estate of a winning
ticket holder; when | 122 |
the award of a prize is disputed, any person
may be awarded a | 123 |
prize award to which another has claimed title,
pursuant to the | 124 |
order of a court of competent jurisdiction; when a person is | 125 |
awarded a prize award to which another has claimed title, pursuant | 126 |
to the order of a federal bankruptcy court under Title 11 of the | 127 |
United States Code;
when the director
is
to make a payment | 128 |
pursuant to section
3770.071 or 3770.073 of the Revised
Code; or | 129 |
as provided in sections 3770.10
to 3770.14 of
the Revised
Code. | 130 |
(2) The state lottery commission shall adopt rules pursuant | 131 |
to section
3770.03
of the
Revised Code concerning the payment of | 132 |
prize awards
upon
the death of a prize winner, as defined in | 133 |
section 3770.10 of the Revised Code. Upon the death of a prize | 134 |
winner,
the
remainder
of the prize winner's prize award, to the | 135 |
extent it
is
not subject to a transfer agreement under sections | 136 |
3770.10 to
3770.14 of the Revised Code, may be paid to the | 137 |
executor,
administrator,
or trustee in the form of a discounted | 138 |
lump sum
cash settlement. | 139 |
(E) No lottery prize award shall be awarded to or for any | 140 |
officer or employee of the state lottery commission, any officer | 141 |
or
employee of the auditor of state actively coordinating and | 142 |
certifying
commission drawings, or any blood
relative or spouse of | 143 |
such an officer or employee of the commission or auditor
of state | 144 |
living as a member
of the officer's or employee's household, nor | 145 |
shall any such officer,
employee, blood relative, or spouse | 146 |
attempt to
claim a lottery prize
award. | 147 |
Sec. 3770.071. (A)(1) If the amount of the prize money or | 154 |
the
cost of goods or services awarded as a lottery prize award is | 155 |
six
hundred dollars or more, the director of the state lottery | 156 |
commission, or the director's designee, shall require the person | 157 |
entitled to
the prize award to affirm in writing, under oath, | 158 |
whether or not
the person is in default under a support order.
The | 159 |
director or the
director's designee also may take any
additional | 160 |
appropriate steps to
determine if the person entitled
to the prize | 161 |
award is in default
under a support order. If the
person entitled | 162 |
to the prize award
affirms that the person is in
default under a | 163 |
support order, or if the
director or the
director's designee | 164 |
determines that the
person is in default
under
a support order, | 165 |
the director or the director's designee shall
temporarily withhold | 166 |
payment of the prize award and informnotify the
courtchild | 167 |
support enforcement agency
that
issuedadministers the support | 168 |
order that the person is entitled to
a prize
award, of the amount | 169 |
of the prize award, and, if the prize
award
is to be paid in | 170 |
annual installments, of the number of
installments. | 171 |
After(2) Upon receipt of the notice from the director or the | 172 |
director's
designee, the court
shall give the person notice of the | 173 |
director's notice, schedule a
hearing to determine if the person | 174 |
is in default and the amount
of the default, and give the person | 175 |
notice of the date, time, and
location of the hearingchild | 176 |
support enforcement agency shall conduct an investigation to | 177 |
determine whether the person entitled to the lottery prize award | 178 |
is subject to a final and enforceable determination of default | 179 |
made under sections 3123.01 to 3123.07 of the Revised Code. If the | 180 |
court at the hearingagency determines
that the person is in | 181 |
defaultso subject, it
shall issue an orderintercept directive as | 182 |
described in section 3123.89 of the Revised Code to the director | 183 |
at
lottery commission
headquarters requiring
the director or the | 184 |
director's designee to
deduct from
any unpaid prize award or any | 185 |
annual
installment
payment of thean unpaid prize award, a | 186 |
specified amount for
child support
or spousal support in | 187 |
satisfaction of the support
order under
which the person is in | 188 |
default. To the extent
possible, the
amount specified to be | 189 |
deducted under the order
issued under this
sectionintercept | 190 |
directive shall satisfy the amount ordered for
support or spousal | 191 |
support in the support order under which the
person is in default. | 192 |
Within | 193 |
A child support enforcement agency shall issue an intercept | 194 |
directive within thirty days from the date the director or the | 195 |
director's designee notifies the agency under division (A)(1) of | 196 |
this section. Within thirty days after the date on which
the court | 197 |
agency issues the
order under this section to the director | 198 |
intercept directive,
the director or the director's designee shall | 199 |
pay
the amount specified in that orderthe intercept directive to | 200 |
the
office of child support
in the department of job and
family | 201 |
services.
IfBut, if the prize award
is to
be paid in annual | 202 |
installments, the director or the
director's
designee, on the date | 203 |
the next
installment payment is due,
shall paydeduct the amount | 204 |
specified in the
court order issued under
this sectionintercept | 205 |
directive from that installment and, if
necessary, any
subsequent | 206 |
annual
installments, at the time suchthose installments
become | 207 |
due and owing to
the prize winner, and pay the amount to the | 208 |
office of child
support. | 209 |