Conference Committee Synopsis

Legislative Service Commission

LSC Conference Committee Synopsis

 

 

Am. Sub. H.B. 122

126th General Assembly

 

 

The Conference Committee recommends the bill as passed by the Senate with the following changes:

 


Topic

House
Version

Senate
Version

Conference Committee
Recommendation

Collection of judgment debts from lottery prize awards with an unpaid balance of $100,000 or more

No provision.

Adds to the provisions of existing law that authorize deductions from a lottery prize award a procedure for the deduction from a lottery prize award whose unpaid amount is $100,000 or more and whose winner is a judgment debtor the unpaid amount of the judgment against the judgment debtor (whether rendered in a court of this state, another state, or the United States), but makes the deduction subordinate to child and spousal support payments, state income tax payments, and payments for specified debts owed to the state that existing law requires to be deducted from lottery prize awards (proposed R.C. 3770.074(A) and (G)).






Authorizes the State Lottery Commission to adopt rules in accordance with the Administrative Procedure Act as necessary to provide for the deduction of unpaid judgments and to comply with any applicable federal law requirements
(proposed R.C. 3770.074(F)).





Discharges the Director of the State Lottery Commission and the Commission itself from further liability for given lottery prize award payments once payments towards an unpaid judgment are made in accordance with the bill from a lottery prize award, whether to the judgment creditor or the lottery prize award winner
(proposed R.C. 3770.074(H)).

Removes proposed R.C. 3770.074 from the bill, and instead adds to the provisions of existing law that authorize deductions from a lottery prize award a provision that makes a lottery prize award with an unpaid balance of $100,000 or more subject to garnishment, attachment, execution, withholding, or deduction pursuant to the order of a court of competent jurisdiction located in Ohio in a proceeding in which the State Lottery Commission is a named party, but makes the garnishment, attachment, execution, withholding, or deduction subordinate to child and spousal support payments and payments for specified debts owed to the state that existing law requires to be deducted from lottery prize awards (R.C. 3770.07(D)(2)(b)).

Authorizes the State Lottery Commission to adopt rules in accordance with the Administrative Procedure Act as necessary to provide for payments from lottery prize awards subject to garnishment, attachment, execution, withholding, or deduction on any basis under R.C. 3770.07(D), and to comply with any applicable federal law requirements
(R.C. 3770.07(D)(3)).


Discharges the Director of the State Lottery Commission and the Commission itself from further liability for given lottery prize award payments once payments are made from a lottery prize award on any authorized basis under R.C. 3770.07(D), whether the payments are made to an executor, administrator, trustee, judgment creditor, or another person or to the prize award winner
(R.C. 3770.07(D)(4) and (G)).

Confidentiality of the name, address, and Social Security number of certain lottery prize award winners

Makes not subject to inspection or copying under the Public Records Law the name, address, and Social Security number of each beneficial owner disclosed to the State Lottery Commission because of a requirement in the bill related to a claim for a lottery prize award with a value that exceeds $599--unless the beneficial owner gives permission for the inspection or copying (R.C. 3770.07(A)(1)).

Makes confidential in the State Lottery Commission's records and not subject to inspection or copying under the Public Records Law the name, address, and Social Security number of each beneficial owner disclosed to the State Lottery Commission because of a requirement in the bill related to a claim for a lottery prize award with a value that exceeds $599--unless the beneficial owner otherwise consents in writing (R.C. 3770.07(A)(1)).

Makes confidential in the State Lottery Commission's records and not subject to inspection or copying under the Public Records Law the name, address, and Social Security number of each beneficial owner disclosed to the State Lottery Commission because of a requirement in the bill related to a claim for a lottery prize award with a value that exceeds $599, if that claim is made by one or more beneficial owners using a trust--unless such a beneficial owner otherwise consents in writing (R.C. 3770.07(A)(1) and (4)).

Deduction of lottery sales receipts owed to the state from a lottery prize award

No provision.

No provision.

Adds to the list of debts owed to the state that existing law requires to be deducted from a lottery prize award of $5,000 or more the following:  lottery sales receipts that a lottery sales agent holds in trust on the State Lottery Commission's behalf (R.C. 3770.073(A)).

 

 

 

h0122-126.doc/kl