Gaming Commission; authorize to collaborate with DHS for collection of child support.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McKnight

HOUSE BILL NO. 520

AN ACT TO AMEND SECTION 43-19-31, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE MISSISSIPPI GAMING COMMISSION TO COLLABORATE WITH 2
THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH RULES TO WITHHOLD 3
GAMING WINNINGS OF PERSONS WITH OUTSTANDING CHILD SUPPORT 4
ARREARAGES; TO CREATE NEW SECTION 43-19-63, MISSISSIPPI CODE OF 5
1972, TO CREATE A PROCEDURE TO ENCUMBER GAMING WINNINGS FOR THE 6
PAYMENT OF CHILD SUPPORT; TO AMEND SECTIONS 75-76-33 AND 93-11-71, 7
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; 8
AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 43-19-31, Mississippi Code of 1972, is 11
amended as follows: 12
43-19-31. The Department of Human Services is hereby 13
authorized and empowered to establish a single and separate Child 14
Support Unit for the following purposes: 15
(a) To develop and implement a nonsupport and paternity 16
program and institute proceedings in the name of the Department of 17
Human Services or in the name of the recipient in any court of 18
competent jurisdiction in any county where the mother of the child 19
resides or is found, in the county where the father resides or is 20
found, or in the county where the child resides or is found; 21
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(b) To secure and collect support by any method 22
authorized under state law and establish paternity for any child 23
or children receiving aid from the department any form of public 24
assistance, including, but not limited to, medical assistance, 25
foster care, food stamps, TANF, or any other program under the 26
federal Social Security Act, from a parent or any other person 27
legally liable for such support who has either failed or refused 28
to provide support, deserted, neglected or abandoned the child or 29
children, including cooperating with other states in establishing 30
paternity, locating absent parents and securing compliance with 31
court orders for support of Temporary Assistance for Needy 32
Families (TANF) children; the department may petition the court 33
for the inclusion of health insurance as part of any child support 34
order on behalf of any child receiving aid from the department 35
unless good cause for noncooperation, as defined by the Social 36
Security Act or the Mississippi Department of Human Services, is 37
established. Unless notified to the contrary, whenever a child or 38
children for whom child support services have been provided ceases 39
to receive public assistance, the department will continue to 40
provide services and establish paternity, secure and collect such 41
support payments from a parent or any other person legally liable 42
for such support in accordance with the standards prescribed 43
pursuant to the federal Social Security Act; 44
(c) To accept applications for child support 45
enforcement services to establish paternity, secure and collect 46
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support from any proper party or person as defined by Title IV-D 47
of the federal Social Security Act notwithstanding the fact that 48
the child or children do not currently receive or have never 49
received public assistance. The department shall have the 50
authority to secure and collect support by any method authorized 51
under state law and establish paternity for any child or children 52
on behalf of a recipient of child support services, including 53
individuals who do not currently receive or have never received 54
public assistance from a parent or any other person legally liable 55
for such support who has either failed or refused to provide 56
support, deserted, neglected or abandoned the child or children, 57
including cooperating with other states in establishing paternity, 58
locating absent parents and securing compliance with court orders 59
for support; the department may petition the court for the 60
inclusion of health insurance as part of any child support order 61
on behalf of such recipients of child support services. The 62
proceeds of any collections resulting from such application shall 63
be distributed in accordance with the standards prescribed in the 64
federal Social Security Act; 65
(d) The department shall seek to recover from the 66
individual who owes a support obligation to any individual who is 67
a recipient of Title IV-D services as set forth in paragraph (b) 68
or (c) on whose behalf the department is providing services, upon 69
judicial proceedings conducted thereon after advance notice to 70
such obligor, reasonable attorney's fees and court costs, in 71
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excess of any administrative fees collected and in excess of 72
amounts of current support owed by the obligor, which the 73
department incurs in recovering and collecting the support 74
obligation, such costs and fees as the department recovers to be 75
deposited in the Special Fund of the Mississippi Department of 76
Human Services which is hereby established for the pursuit and 77
collection of child support; 78
(e) To initiate contempt of court proceedings or any 79
other remedial proceedings necessary to enforce (i) any order or 80
decree of court relating to child support, and (ii) any order or 81
decree of court relating to the maintenance and/or alimony of a 82
parent where support collection services on his or her child's 83
behalf are being provided by the department; 84
(f) To secure and collect by any method authorized 85
under state law any maintenance and/or alimony on behalf of a 86
parent whose child or children's support is being collected by the 87
department. The department shall collect only such maintenance 88
and/or alimony as is ordered or decreed by the court, and only in 89
the event that the minor child and parent to whom such maintenance 90
and/or alimony has been ordered are living in the same household; 91
(g) To obtain restitution of monies expended for public 92
assistance from a parent or any other person legally liable for 93
the support of any child or children receiving aid from the 94
department; said action for restitution shall arise from the 95
payment of public assistance for the dependent child or children 96
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and shall be for the amount of the public assistance paid. Said 97
action for restitution shall not arise against the parent or other 98
person legally responsible who receives public assistance for the 99
benefit of any dependent child or children. When a court order of 100
support has been issued, the amount recoverable shall be limited 101
to the amount of the court order; 102
(h) Setting off against a debtor's income tax refund or 103
rebate any debt which is in the form of a liquidated sum due and 104
owing for the care, support or maintenance of a child; 105
(i) To have full responsibility in the aforementioned 106
cases for initiating actions under the Uniform Interstate Family 107
Support Act and for responding to the actions of other 108
jurisdictions under said law when Mississippi is the responding 109
state; however, this shall not impair private litigants' rights to 110
proceed under any applicable interstate enforcement mechanisms; 111
(j) To enter into contracts for the purpose of 112
performing any test which the department may, from time to time, 113
require; 114
(k) To maintain a Central Receipting and Disbursement 115
Unit to which all payments required by withholding orders and 116
orders for support in all actions to which the Department of Human 117
Services is a party shall be forwarded, and from which child 118
support payments ordered by the court in actions to which the 119
Department of Human Services is a party shall be disbursed to the 120
custodial parent or other such party as may be designated by the 121
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court order. The Central Receipting and Disbursement Unit shall 122
be operated by the Department of Human Services or any financial 123
institution having operations and qualified to do business in 124
Mississippi, whose deposits are insured by the Federal Deposit 125
Insurance Corporation. The department shall conduct cost-benefit 126
analyses to determine and utilize the more cost efficient manner 127
of operating the unit; 128
(l) To maintain a Mississippi Department of Human 129
Services Case Registry containing records with respect to: 130
(i) Each case in which services are being provided 131
by the department under this section; 132
(ii) Each support order established or modified in 133
Mississippi on or after October 1, 1998; and 134
(iii) The Administrative Office of Courts, as 135
established by Section 9-21-1, Mississippi Code of 1972, in 136
consultation with the Mississippi Department of Human Services, 137
shall devise, promulgate and require the use of a Uniform Child 138
Support Order Tracking System. 139
1. Information collected from case filing 140
forms shall be furnished to the Mississippi Department of Human 141
Services, Division of Child Support Enforcement, in order that 142
compliance with court-ordered obligations of support may be 143
tracked with specificity throughout the duration of said 144
obligations and any subsequent proceedings. 145
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2. Such tracking system shall include: a. 146
the names, residential and mailing addresses, telephone numbers, 147
Social Security numbers, driver's license numbers and dates of 148
birth of each child and parent named in or subject to the court 149
order; b. the court cause number of the action; c. name, address 150
and telephone number of employer; d. any restraining or protective 151
order indicating domestic violence; and e. any other information 152
which may be used for the purpose of identifying any person named 153
in or subject to the order or for the purposes of establishing, 154
enforcing or modifying a child support order; 155
(m) To take administrative actions relating to genetic 156
testing, determine paternity, establish child support orders, 157
modification of child support orders, income withholding, liens 158
and subpoenas without the necessity of obtaining an order from any 159
judicial or other administrative tribunal with respect to cases 160
initiated or enforced by the department pursuant to Title IV-D of 161
the Social Security Act; 162
(n) To have the authority to use high-volume automated 163
administrative enforcement in interstate cases to the same extent 164
as used for intrastate cases, in response to a request made by 165
another state to enforce support orders; 166
(o) To provide any child support enforcement or other 167
service as may be required by the United States of America, 168
Department of Health and Human Services, Family Support 169
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Administration, Office of Child Support Enforcement or their 170
successor pursuant to federal law or regulation; * * * 171
(p) To collaborate with the Office of the State 172
Treasurer in order to identify persons presumed to have unclaimed 173
property and intercept eligible unclaimed property to satisfy, 174
fully or partially, the person's child support arrearage * * *; 175
(q) To collaborate with the Mississippi Gaming 176
Commission in order to establish rules and regulations providing 177
for the withholding of cash game winnings, including, but not 178
limited to, slot machine annuities, sports betting and/or other 179
reportable cash winnings of persons who have outstanding child 180
support arrearages. 181
SECTION 2. This section shall be codified as Section 182
43-19-63, Mississippi Code of 1972: 183
43-19-63. Casinos to exchange certain information with the 184
Mississippi Department of Human Services (MDHS) for noncustodial 185
parents delinquent in child support; participation requirement and 186
duties of casinos and Mississippi Department of Human Services. 187
(1) For purposes of this section, the following words and 188
phrases shall have the meanings ascribed herein, unless the 189
context clearly indicates otherwise: 190
(a) "Cash gaming winnings" means only the cash gaming 191
winnings for which the gaming licensee is required to file Form 192
W2-G, or a substantially equivalent form, with the United States 193
Internal Revenue Service. 194
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(b) "Commission" means the Mississippi Gaming 195
Commission. 196
(c) "Child support arrearages" means any obligation 197
owed for the care, support or maintenance of a child, including 198
spousal support that is enforced in conjunction with a child 199
support obligation pursuant to Section 43-19-31 of the Mississippi 200
Code of 1972, which is overdue, unpaid or in arrears. 201
(d) "Gaming licensee" means any entity licensed or 202
permitted to operate gaming operations under current law. 203
(e) "Obligee" means the recipient of Title IV-D 204
services of the Social Security Act to whom child support is owed. 205
(f) "Obligor" means a person who wins a progressive 206
slot machine annuity or cash gaming winnings and has those 207
winnings intercepted due to having child support arrearages. 208
(g) "Progressive slot machine annuity" means only the 209
progressive slot machine annuity winnings for which the gaming 210
licensee is required to file Form W2-G, or a substantially 211
equivalent form, with the United States Internal Revenue Service. 212
(h) "Electronic database access" means the data shared 213
by the Department of Human Services with gaming licensees 214
regarding persons who owe child support arrearages that is updated 215
daily. 216
(2) The commission shall collaborate with the Department of 217
Human Services to promulgate all rules and regulations necessary 218
to carry out the provisions of this section, including, but not 219
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limited to, a procedure requiring the withholding of payments of 220
progressive slot machine annuities and reportable cash gaming 221
winnings of persons who have outstanding child support arrearages, 222
prior to the payment of a progressive slot machine annuity, 223
beginning with the second annuity payment, or cash gaming 224
winnings. 225
(3) The gaming licensee, including any of its officers, 226
employees, attorneys, accountants, or other agents, shall not be 227
civilly or criminally liable to any person, including any 228
customer, for any disclosure of information made in accordance 229
with this section, for encumbering or surrendering assets in 230
response to information provided by the Department of Human 231
Services, or for any claims for damages arising from withholding 232
or failing to withhold any progressive slot machine annuities or 233
cash gaming winnings, based upon information provided to it. 234
(4) If any gaming licensee determines that the winner of a 235
progressive slot machine annuity or cash gaming winnings is a 236
person who has outstanding child support arrearages, the gaming 237
licensee shall deduct the child support arrearage from the payment 238
of the progressive slot machine annuity or cash gaming winnings. 239
The gaming licensee shall forward the deducted amount to the 240
Department of Human Services within seven (7) days. The gaming 241
licensee shall pay the remainder to the person who has outstanding 242
child support arrearages. If the remainder is equal to or less 243
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than zero, the person who has an outstanding child support 244
arrearage shall not receive a payment. 245
(5) The Department of Human Services shall release the 246
encumbering game winnings to the obligee after either: 247
(a) A thirty-day period beginning the day the funds are 248
encumbered; or 249
(b) Until such time as the issue of child support 250
arrearages is resolved, provided the obligor has filed a petition 251
for hearing with a court of appropriate jurisdiction and served 252
the Department of Human Services through the Attorney General of 253
the State of Mississippi before the end of the thirty-day period. 254
(6) Grounds for the petition challenging the encumbrance of 255
game winnings shall be limited to the following: 256
(a) Mistakes of identity; or 257
(b) Mistakes in amount of child support arrearages. 258
(7) Any gaming licensee may deduct an administrative fee 259
from each payment of a progressive slot machine annuity, beginning 260
with the second annuity payment, or cash gaming winnings, of 261
persons who have outstanding child support arrearages per singular 262
or periodic payment, not to exceed Thirty-five Dollars ($35.00). 263
(8) If the winner of a progressive slot machine annuity or 264
cash gaming winnings is determined not to owe child support 265
arrearages, then the gaming licensee is not required to access the 266
electronic database for that winner on a subsequent progressive 267
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slot machine annuity or cash gaming winnings for an additional 268
twenty-four (24) hours. 269
(9) The commission shall also require that the gaming 270
licensee to adopt procedures designed to prevent employees from 271
willfully failing to withhold payments of progressive slot machine 272
annuities or cash gaming winnings from persons who have 273
outstanding child support arrearages based upon the information 274
provided by the Department of Human Services that allows the 275
gaming licensee to identify such persons. 276
(10) Not later than January 1, 2027, the Commission and 277
Department of Human Services shall institute all policies, 278
procedures and processes as necessary to implement the provisions 279
of this section. 280
SECTION 3. Section 75-76-33, Mississippi Code of 1972, is 281
amended as follows: 282
75-76-33. (1) The commission shall, from time to time, 283
adopt, amend or repeal such regulations, consistent with the 284
policy, objects and purposes of this chapter, as it may deem 285
necessary or desirable in the public interest in carrying out the 286
policy and provisions of this chapter. The commission shall 287
comply with the Mississippi Administrative Procedures Law when 288
adopting, amending or repealing any regulations authorized under 289
this section or under any other provision of this chapter. 290
(2) These regulations shall, without limiting the general 291
powers herein conferred, include the following: 292
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(a) Prescribing the method and form of application 293
which any applicant for a license or for a manufacturer's, 294
seller's or distributor's license must follow and complete before 295
consideration of his application by the executive director or the 296
commission. 297
(b) Prescribing the information to be furnished by any 298
applicant or licensee concerning his antecedents, habits, 299
character, associates, criminal record, business activities and 300
financial affairs, past or present. 301
(c) Prescribing the information to be furnished by a 302
licensee relating to his employees. 303
(d) Requiring fingerprinting of an applicant or 304
licensee, and gaming employees of a licensee, or other methods of 305
identification and the forwarding of all fingerprints taken 306
pursuant to regulation of the Federal Bureau of Investigation. 307
(e) Prescribing the manner and procedure of all 308
hearings conducted by the commission or any hearing examiner of 309
the commission, including special rules of evidence applicable 310
thereto and notices thereof. 311
(f) Requiring any applicant to pay all or any part of 312
the fees and costs of investigation of such applicant as may be 313
determined by the commission under paragraph (g) of this 314
subsection (2). 315
(g) Prescribing the amounts of investigative fees only 316
as authorized by regulations of the commission under paragraph (f) 317
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of this subsection, and collecting those fees. The commission 318
shall adopt regulations setting the amounts of those fees at 319
levels that will provide the commission with sufficient revenue, 320
when combined with any other monies as may be deposited into the 321
Mississippi Gaming Commission Fund created in Section 75-76-325, 322
to carry out the provisions of this chapter without any state 323
general funds. In calculating the amount of such fees, the 324
commission shall: 325
(i) Attempt to set the fees at levels that will 326
create a balance in the Mississippi Gaming Commission Fund that 327
does not exceed, at the end of any state fiscal year, two percent 328
(2%) of the projected amount of funds that will provide the 329
commission with such sufficient revenue; and 330
(ii) Demonstrate the reasonableness of the 331
relationship between a fee and the actual costs of the 332
investigative activity for which the fee is being prescribed. 333
(h) Prescribing the manner and method of collection and 334
payment of fees and issuance of licenses. 335
(i) Prescribing under what conditions a licensee may be 336
deemed subject to revocation or suspension of his license. 337
(j) Requiring any applicant or licensee to waive any 338
privilege with respect to any testimony at any hearing or meeting 339
of the commission, except any privilege afforded by the 340
Constitution of the United States or this state. 341
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(k) Defining and limiting the area, games and devices 342
permitted, and the method of operation of such games and devices, 343
for the purposes of this chapter. 344
(l) Prescribing under what conditions the nonpayment of 345
a gambling debt by a licensee shall be deemed grounds for 346
revocation or suspension of his license. 347
(m) Governing the use and approval of gambling devices 348
and equipment. 349
(n) Prescribing the qualifications of, and the 350
conditions under which, attorneys, accountants and others are 351
permitted to practice before the commission. 352
(o) Restricting access to confidential information 353
obtained under this chapter and ensuring that the confidentiality 354
of such information is maintained and protected. 355
(p) Prescribing the manner and procedure by which the 356
executive director on behalf of the commission shall notify a 357
county or a municipality wherein an applicant for a license 358
desires to locate. 359
(q) Prescribing the manner and procedure for an 360
objection to be filed with the commission and the executive 361
director by a county or municipality wherein an applicant for a 362
license desires to locate. 363
(r) Prescribing the manner and procedure in which child 364
support or child support arrearages may be collected from gaming 365
winnings and slot machine annuities. 366
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(3) Notwithstanding any other provision of law, each 367
licensee shall be required to comply with the regulation that no 368
wager may be placed by, or on behalf of, any individual or entity 369
or group, not present on a licensed vessel or cruise vessel. 370
(4) From and after July 1, 2016, the expenses of this agency 371
shall be defrayed by appropriation from the State General Fund and 372
all user charges and fees authorized under this section shall be 373
deposited into the State General Fund as authorized by law. 374
(5) From and after July 1, 2016, no state agency shall 375
charge another state agency a fee, assessment, rent or other 376
charge for services or resources received by authority of this 377
section. 378
SECTION 4. Section 93-11-71, Mississippi Code of 1972, is 379
amended as follows: 380
93-11-71. (1) Whenever a court orders any person to make 381
periodic payments of a sum certain for the maintenance or support 382
of a child, and whenever such payments as have become due remain 383
unpaid for a period of at least thirty (30) days, a judgment by 384
operation of law shall arise against the obligor in an amount 385
equal to all payments that are then due and owing. 386
(a) A judgment arising under this section shall have 387
the same effect and be fully enforceable as any other judgment 388
entered in this state. A judicial or administrative action to 389
enforce the judgment may be begun at any time; and 390
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(b) Such judgments arising in other states by operation 391
of law shall be given full faith and credit in this state. 392
(2) Any judgment arising under the provisions of this 393
section shall operate as a lien upon all the property of the 394
judgment debtor, both real and personal, which lien shall be 395
perfected as to third parties without actual notice thereof only 396
upon enrollment on the judgment roll. The department or attorney 397
representing the party to whom support is owed shall furnish an 398
abstract of the judgment for periodic payments for the maintenance 399
and support of a child, along with sworn documentation of the 400
delinquent child support, to the circuit clerk of the county where 401
the judgment is rendered, and it shall be the duty of the circuit 402
clerk to enroll the judgment on the judgment roll. Liens arising 403
under the provisions of this section may be executed upon and 404
enforced in the same manner and to the same extent as any other 405
judgment. 406
(3) Notwithstanding the provisions in subsection (2) of this 407
section, any judgment arising under the provisions of this section 408
shall subject the following assets to interception or seizure 409
without regard to the entry of the judgment on the judgment roll 410
of the situs district or jurisdiction and such assets shall apply 411
to all child support owed including all arrears: 412
(a) Periodic or lump-sum payments from a federal, state 413
or local agency, including unemployment compensation, workers' 414
compensation and other benefits; 415
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(b) Winnings from lotteries * * *, gaming 416
winnings * * * and slot machine annuities; and 417
(c) Assets held in financial institutions; 418
(d) Settlements and awards resulting from civil 419
actions; 420
(e) Public and private retirement funds, only to the 421
extent that the obligor is qualified to receive and receives a 422
lump-sum or periodic distribution from the funds; 423
(f) Lump-sum payments as defined in Section 93-11-101; 424
and 425
(g) Unclaimed property as described in Section 89-12-1 426
et seq. 427
(4) Notwithstanding the provisions of subsections (1) and 428
(2) of this section, upon disestablishment of paternity granted 429
pursuant to Section 93-9-10 and a finding of clear and convincing 430
evidence including negative DNA testing that the obligor is not 431
the biological father of the child or children for whom support 432
has been ordered, the court shall disestablish paternity and may 433
forgive any child support arrears of the obligor for the child or 434
children determined by the court not to be the biological child or 435
children of the obligor, if the court makes a written finding 436
that, based on the totality of the circumstances, the forgiveness 437
of the arrears is equitable under the circumstances. 438
(5) In any case in which a child receives assistance from 439
block grants for Temporary Assistance for Needy Families (TANF), 440
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ST: Gaming Commission; authorize to collaborate
with DHS for collection of child support.
and the obligor owes past-due child support, the obligor, if not 441
incapacitated, may be required by the court to participate in any 442
work programs offered by any state agency. 443
(6) A parent who receives social security disability 444
insurance payments who is liable for a child support arrearage and 445
whose disability insurance benefits provide for the payment of 446
past due disability insurance benefits for the support of the 447
minor child or children for whom the parent owes a child support 448
arrearage shall receive credit toward the arrearage for the 449
payment or payments for the benefit of the minor child or children 450
if the arrearage accrued after the date of disability onset as 451
determined by the Social Security Administration. 452
SECTION 5. This act shall take effect and be in force from 453
and after July 1, 2026. 454