Casino winnings; provide procedures for intercept of child support arrearages.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Boyd (19th)

HOUSE BILL NO. 620

AN ACT TO AMEND SECTION 75-76-3, MISSISSIPPI CODE OF 1972, TO 1
DECLARE AS PUBLIC POLICY THAT CHILDREN ARE ADVERSELY AFFECTED WHEN 2
A PARENT WHO HAS AN OUTSTANDING CHILD SUPPORT ARREARAGE DIVERTS 3
CHILD SUPPORT TO GAMING; TO CODIFY SECTION 75-76-58, MISSISSIPPI 4
CODE OF 1972, TO PROVIDE PROCEDURES FOR THE MISSISSIPPI GAMING 5
COMMISSION, THE DEPARTMENT OF HUMAN SERVICES AND LICENSEES UNDER 6
CHAPTER 76 OF TITLE 75, MISSISSIPPI CODE OF 1972, TO CARRY OUT THE 7
INTERCEPTION AND SEIZURE OF GAME WINNINGS OF PARENTS WITH A CHILD 8
SUPPORT ARREARAGE; TO AMEND SECTION 75-76-33, MISSISSIPPI CODE OF 9
1972, TO REQUIRE THE MISSISSIPPI GAMING COMMISSION TO PRESCRIBE 10
THE MANNER AND PROCEDURE IN WHICH CHILD SUPPORT ARREARAGES MAY BE 11
COLLECTED FROM GAMING WINNINGS AND SLOT MACHINE ANNUITIES; TO 12
AMEND SECTION 93-11-71, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT 13
CHILD SUPPORT MAY BE COLLECTED FROM ALL GAMING WINNINGS; AND FOR 14
RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 75-76-3, Mississippi Code of 1972, is 17
amended as follows: 18
75-76-3. (1) The provisions of this chapter shall not be 19
construed to legalize any form of gaming which is prohibited under 20
the Mississippi Constitution or the laws of this state. All legal 21
gaming which is conducted in this state and which is otherwise 22
authorized by law shall be regulated and licensed pursuant to the 23
provisions of this chapter, unless the Legislature specifically 24
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provides otherwise. Nothing in this chapter shall be construed as 25
encouraging the legalization of gambling in this state. 26
(2) The Legislature hereby finds and declares that lotteries 27
and gaming both consist of the material element of chance. * * * 28
The Legislature derives its power to legislate upon gaming or 29
gambling devices from its inherent authority over the morals and 30
policy of the people * * *. 31
(3) The Legislature hereby finds, and declares it to be the 32
public policy of this state, that: 33
(a) Regulation of licensed gaming is important in order 34
that licensed gaming is conducted honestly and competitively, that 35
the rights of the creditors of licensees are protected and that 36
gaming is free from criminal and corruptive elements. 37
(b) Public confidence and trust can only be maintained 38
by strict regulation of all persons, locations, practices, 39
associations and activities related to the operation of licensed 40
gaming establishments and the manufacture or distribution of 41
gambling devices and equipment. 42
(c) All establishments where gaming is conducted and 43
where gambling devices are operated, and manufacturers, sellers 44
and distributors of certain gambling devices and equipment must 45
therefore be licensed, controlled and assisted to protect the 46
public health, safety, morals, good order and general welfare of 47
the inhabitants of the state. 48
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(d) Because children are adversely affected when 49
parents who have outstanding child support obligations divert 50
their financial support to gaming, a parent's winnings should be 51
applied to the parent's outstanding child support obligations. 52
(4) It is the intent of the Legislature that gaming 53
licensees, to the extent practicable, employ residents of 54
Mississippi as gaming employees and other employees in the 55
operation of their gaming establishments located in this state. 56
(5) No applicant for a license or other affirmative 57
commission approval has any right to a license or the granting of 58
the approval sought. Any license issued or other commission 59
approval granted pursuant to the provisions of this chapter is a 60
revocable privilege, and no holder acquires any vested right 61
therein or thereunder. 62
(6) The Legislature recognizes that Section 98 of the 63
Mississippi Constitution of 1890 prohibits the conducting of any 64
lottery in this state and that, while not defining the term 65
"lottery," Section 98 clearly contemplates, as indicated by 66
specific language contained therein, that a lottery involves the 67
sale of tickets and a drawing in order to determine the winner. 68
The Legislature also recognizes that Section 98 of the Mississippi 69
Constitution of 1890 directs the Legislature to provide by law for 70
the enforcement of its provisions. Therefore, in carrying out its 71
duties under the Constitution and effectuating the intent of 72
Section 98, the Legislature hereby finds that a lottery, as 73
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prohibited by the Constitution, does not include all forms of 74
gambling but means any activity in which: 75
(a) The player or players pay or agree to pay something 76
of value for chances, represented and differentiated by tickets, 77
slips of paper or other physical and tangible documentation upon 78
which appear numbers, symbols, characters or other distinctive 79
marks used to identify and designate the winner or winners; and 80
(b) The winning chance or chances are to be determined 81
by a drawing or similar selection method based predominately upon 82
the element of chance or random selection rather than upon the 83
skill or judgment of the player or players; and 84
(c) The holder or holders of the winning chance or 85
chances are to receive a prize or something of valuable 86
consideration; and 87
(d) The activity is conducted and participated in 88
without regard to geographical location, with the player or 89
players not being required to be present upon any particular 90
premises or at any particular location in order to participate or 91
to win. 92
SECTION 2. The following shall be codified as Section 93
75-76-58, Mississippi Code of 1972: 94
75-76-58. (1) The commission shall promulgate all rules and 95
regulations necessary to carry out the provisions of this section, 96
including, but not limited to, a procedure requiring the 97
withholding of payments of progressive slot machine annuities and 98
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cash gaming winnings of persons who have outstanding child support 99
arrearages or owing child support overpayments, prior to the 100
payment of a progressive slot machine annuity, beginning with the 101
second annuity payment, or cash gaming winnings. Progressive slot 102
machine annuities or cash gaming winnings shall only include 103
payments for which the entity licensed or permitted under Chapter 104
76, Title 75, Mississippi Code of 1972, is required to file Form 105
W2-G, or a substantially equivalent form, with the United States 106
Internal Revenue Service. 107
(2) The commission may require the Department of Human 108
Services to provide information relating to child support 109
arrearages in a manner, format, or record approved by the 110
commission that gives the entity licensed or permitted under 111
Chapter 76, Title 75, Mississippi Code of 1972, real-time or 112
immediate electronic database access to the information. If the 113
information relating to such arrearages or overpayments by the 114
Department of Human Services is not available through real-time or 115
immediate electronic database access, the licensee shall not be 116
responsible for withholding cash gaming winnings in accordance 117
with the provisions of this subsection. 118
(3) The commission or any entity licensed or permitted under 119
Chapter 76, Title 75, Mississippi Code of 1972, including any of 120
its officers, employees, attorneys, accountants, or other agents, 121
shall not be civilly or criminally liable to any person, including 122
any customer, for any disclosure of information made in accordance 123
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with this section, for encumbering or surrendering assets in 124
response to information provided by the Department of Human 125
Services, or for any claims for damages arising from withholding 126
or failing to withhold any progressive slot machine annuities or 127
cash gaming winnings, based upon information provided to it. 128
(4) If any entity licensed or permitted under Chapter 76, 129
Title 75, Mississippi Code of 1972, determines or is notified by 130
the Department of Human Services that the winner of a progressive 131
slot machine annuity or cash gaming winnings is a person who has 132
outstanding child support arrearages, the entity licensed or 133
permitted under Chapter 76, Title 75, Mississippi Code of 1972, 134
shall deduct the child support arrearage from the payment of the 135
progressive slot machine annuity or cash gaming winnings. The 136
entity licensed or permitted under Chapter 76, Title 75, 137
Mississippi Code of 1972, shall forward the deducted amount to the 138
Department of Human Services, Division of Child Support 139
Enforcement within seven (7) days. The entity licensed or 140
permitted under Chapter 76, Title 75, Mississippi Code of 1972, 141
shall pay the remainder to the person who has outstanding child 142
support arrearages. If the remainder is equal to or less than 143
zero, the person who has an outstanding child support arrearage 144
shall not receive a payment. 145
(5) The Department of Human Services shall release the 146
encumbering game winnings to the obligee after either: 147
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(a) A twenty-day period beginning the day the funds are 148
encumbered; or 149
(b) Until such time as the issue of overdue child 150
support is resolved, provided the obligor has filed a petition for 151
hearing with a court of appropriate jurisdiction and served the 152
Department of Human Services through the Attorney General of the 153
State of Mississippi before the end of the twenty-day period. 154
(6) Grounds for the petition challenging the encumbrance of 155
game winnings shall be limited to the following: 156
(a) Mistakes of identity; or 157
(b) Mistakes in amount of overdue child support. 158
(7) Any entity licensed or permitted under Chapter 76, Title 159
75, Mississippi Code of 1972, may deduct an administrative fee 160
from each payment of a progressive slot machine annuity, beginning 161
with the second annuity payment, or cash gaming winnings, of 162
persons who have outstanding child support arrearages or owe child 163
support overpayments per singular or periodic payment, not to 164
exceed Thirty-five Dollars ($35.00). 165
(8) The commission shall also require that the entity 166
licensed or permitted under Chapter 76, Title 75, Mississippi Code 167
of 1972, adopt procedures designed to prevent employees from 168
willfully failing to withhold payments of progressive slot machine 169
annuities or cash gaming winnings from persons who have 170
outstanding child support arrearages or child support 171
overpayments, based upon the information provided by the 172
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Department of Human Services that allows the licensee to identify 173
such persons. 174
(9) Not later than September 1, 2023, the commission shall 175
institute rulemaking procedures as necessary to implement the 176
provisions of this section. 177
SECTION 3. Section 75-76-33, Mississippi Code of 1972, is 178
amended as follows: 179
75-76-33. (1) The commission shall, from time to time, 180
adopt, amend or repeal such regulations, consistent with the 181
policy, objects and purposes of this chapter, as it may deem 182
necessary or desirable in the public interest in carrying out the 183
policy and provisions of this chapter. The commission shall 184
comply with the Mississippi Administrative Procedures Law when 185
adopting, amending or repealing any regulations authorized under 186
this section or under any other provision of this chapter. 187
(2) These regulations shall, without limiting the general 188
powers herein conferred, include the following: 189
(a) Prescribing the method and form of application 190
which any applicant for a license or for a manufacturer's, 191
seller's or distributor's license must follow and complete before 192
consideration of his application by the executive director or the 193
commission. 194
(b) Prescribing the information to be furnished by any 195
applicant or licensee concerning his antecedents, habits, 196
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character, associates, criminal record, business activities and 197
financial affairs, past or present. 198
(c) Prescribing the information to be furnished by a 199
licensee relating to his employees. 200
(d) Requiring fingerprinting of an applicant or 201
licensee, and gaming employees of a licensee, or other methods of 202
identification and the forwarding of all fingerprints taken 203
pursuant to regulation of the Federal Bureau of Investigation. 204
(e) Prescribing the manner and procedure of all 205
hearings conducted by the commission or any hearing examiner of 206
the commission, including special rules of evidence applicable 207
thereto and notices thereof. 208
(f) Requiring any applicant to pay all or any part of 209
the fees and costs of investigation of such applicant as may be 210
determined by the commission under paragraph (g) of this 211
subsection (2). 212
(g) Prescribing the amounts of investigative fees only 213
as authorized by regulations of the commission under paragraph (f) 214
of this subsection, and collecting those fees. The commission 215
shall adopt regulations setting the amounts of those fees at 216
levels that will provide the commission with sufficient revenue, 217
when combined with any other monies as may be deposited into the 218
Mississippi Gaming Commission Fund created in Section 75-76-325, 219
to carry out the provisions of this chapter without any state 220
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general funds. In calculating the amount of such fees, the 221
commission shall: 222
(i) Attempt to set the fees at levels that will 223
create a balance in the Mississippi Gaming Commission Fund that 224
does not exceed, at the end of any state fiscal year, two percent 225
(2%) of the projected amount of funds that will provide the 226
commission with such sufficient revenue; and 227
(ii) Demonstrate the reasonableness of the 228
relationship between a fee and the actual costs of the 229
investigative activity for which the fee is being prescribed. 230
(h) Prescribing the manner and method of collection and 231
payment of fees and issuance of licenses. 232
(i) Prescribing under what conditions a licensee may be 233
deemed subject to revocation or suspension of his license. 234
(j) Requiring any applicant or licensee to waive any 235
privilege with respect to any testimony at any hearing or meeting 236
of the commission, except any privilege afforded by the 237
Constitution of the United States or this state. 238
(k) Defining and limiting the area, games and devices 239
permitted, and the method of operation of such games and devices, 240
for the purposes of this chapter. 241
(l) Prescribing under what conditions the nonpayment of 242
a gambling debt by a licensee shall be deemed grounds for 243
revocation or suspension of his license. 244
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(m) Governing the use and approval of gambling devices 245
and equipment. 246
(n) Prescribing the qualifications of, and the 247
conditions under which, attorneys, accountants and others are 248
permitted to practice before the commission. 249
(o) Restricting access to confidential information 250
obtained under this chapter and ensuring that the confidentiality 251
of such information is maintained and protected. 252
(p) Prescribing the manner and procedure by which the 253
executive director on behalf of the commission shall notify a 254
county or a municipality wherein an applicant for a license 255
desires to locate. 256
(q) Prescribing the manner and procedure for an 257
objection to be filed with the commission and the executive 258
director by a county or municipality wherein an applicant for a 259
license desires to locate. 260
(r) Prescribing the manner and procedure in which child 261
support or child support arrearages may be collected from gaming 262
winnings and slot machine annuities. 263
(3) Notwithstanding any other provision of law, each 264
licensee shall be required to comply with the regulation that no 265
wager may be placed by, or on behalf of, any individual or entity 266
or group, not present on a licensed vessel or cruise vessel. 267
(4) From and after July 1, 2016, the expenses of this agency 268
shall be defrayed by appropriation from the State General Fund and 269
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all user charges and fees authorized under this section shall be 270
deposited into the State General Fund as authorized by law. 271
(5) From and after July 1, 2016, no state agency shall 272
charge another state agency a fee, assessment, rent or other 273
charge for services or resources received by authority of this 274
section. 275
SECTION 4. Section 93-11-71, Mississippi Code of 1972, is 276
amended as follows: 277
93-11-71. (1) Whenever a court orders any person to make 278
periodic payments of a sum certain for the maintenance or support 279
of a child, and whenever such payments as have become due remain 280
unpaid for a period of at least thirty (30) days, a judgment by 281
operation of law shall arise against the obligor in an amount 282
equal to all payments that are then due and owing. 283
(a) A judgment arising under this section shall have 284
the same effect and be fully enforceable as any other judgment 285
entered in this state. A judicial or administrative action to 286
enforce the judgment may be begun at any time; and 287
(b) Such judgments arising in other states by operation 288
of law shall be given full faith and credit in this state. 289
(2) Any judgment arising under the provisions of this 290
section shall operate as a lien upon all the property of the 291
judgment debtor, both real and personal, which lien shall be 292
perfected as to third parties without actual notice thereof only 293
upon enrollment on the judgment roll. The department or attorney 294
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representing the party to whom support is owed shall furnish an 295
abstract of the judgment for periodic payments for the maintenance 296
and support of a child, along with sworn documentation of the 297
delinquent child support, to the circuit clerk of the county where 298
the judgment is rendered, and it shall be the duty of the circuit 299
clerk to enroll the judgment on the judgment roll. Liens arising 300
under the provisions of this section may be executed upon and 301
enforced in the same manner and to the same extent as any other 302
judgment. 303
(3) Notwithstanding the provisions in subsection (2) of this 304
section, any judgment arising under the provisions of this section 305
shall subject the following assets to interception or seizure 306
without regard to the entry of the judgment on the judgment roll 307
of the situs district or jurisdiction and such assets shall apply 308
to all child support owed including all arrears: 309
(a) Periodic or lump-sum payments from a federal, state 310
or local agency, including unemployment compensation, workers' 311
compensation and other benefits; 312
(b) Winnings from lotteries * * *, gaming 313
winnings * * * and slot machine annuities; 314
(c) Assets held in financial institutions; 315
(d) Settlements and awards resulting from civil 316
actions; 317
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(e) Public and private retirement funds, only to the 318
extent that the obligor is qualified to receive and receives a 319
lump-sum or periodic distribution from the funds; 320
(f) Lump-sum payments as defined in Section 93-11-101; 321
and 322
(g) Unclaimed property as described in Section 89-12-1 323
et seq. 324
(4) Notwithstanding the provisions of subsections (1) and 325
(2) of this section, upon disestablishment of paternity granted 326
pursuant to Section 93-9-10 and a finding of clear and convincing 327
evidence including negative DNA testing that the obligor is not 328
the biological father of the child or children for whom support 329
has been ordered, the court shall disestablish paternity and may 330
forgive any child support arrears of the obligor for the child or 331
children determined by the court not to be the biological child or 332
children of the obligor, if the court makes a written finding 333
that, based on the totality of the circumstances, the forgiveness 334
of the arrears is equitable under the circumstances. 335
(5) In any case in which a child receives assistance from 336
block grants for Temporary Assistance for Needy Families (TANF), 337
and the obligor owes past-due child support, the obligor, if not 338
incapacitated, may be required by the court to participate in any 339
work programs offered by any state agency. 340
(6) A parent who receives social security disability 341
insurance payments who is liable for a child support arrearage and 342
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ST: Casino winnings; provide procedures for
intercept of child support arrearages.
whose disability insurance benefits provide for the payment of 343
past due disability insurance benefits for the support of the 344
minor child or children for whom the parent owes a child support 345
arrearage shall receive credit toward the arrearage for the 346
payment or payments for the benefit of the minor child or children 347
if the arrearage accrued after the date of disability onset as 348
determined by the Social Security Administration. 349
SECTION 5. This act shall take effect and be in force from 350
and after July 1, 2026. 351