(1) As used in this section, unless the context otherwise requires:
"Debtor" means a person who owes an outstanding debt.
"Outstanding debt" means any unpaid debt due to the state that is referred pursuant tosection 24-30-202.4 (2) to the state controller or the central collection services section of the division of finance and procurement, or any successor section, in the department of personnel, including the collection fee and any allowable fees and costs pursuant to section 24-30-202.4 (8). "Outstanding debt" includes any debt collected by the department of personnel for a political subdivision of the state under contract with central collection services, with the understanding that any state agency or state-supported institution of higher education debt will be paid before any debt for a political subdivision of the state assigned to central collection services.
Beginning January 1, 2012, the department of personnel shall periodically certify tothe department of revenue information regarding debtors with an outstanding debt. Such information shall include the social security number of the debtor, the amount of the debtor's outstanding debt, and any other identifying information required by the department of revenue.
Upon receiving notification from the department of revenue that a lottery cash prizewinner appears among those certified by the department of personnel, the department of revenue shall notify the debtor, in writing, that the state intends to offset the debtor's outstanding debt against the debtor's winnings from the state lottery. Such notification shall include information on the debtor's right to object to the offset and to request an administrative review pursuant to the rules of the department of personnel.
Upon notification by the department of revenue of amounts deposited with the statetreasurer pursuant to section 44-40-113, the proceeds of the outstanding debt collected shall be accounted for and deposited into the fund or funds required pursuant to section 24-30-202.4 (3)(d).
The executive director of the department of personnel shall promulgate rules pursuant to article 4 of this title establishing procedures to implement this section.
Source: L. 2011: Entire section added, (SB 11-051), ch. 286, p. 1331, § 2, effective August 10. L. 2013: (1)(b) amended, (SB 13-247), ch. 296, p. 1583, § 2, effective August 7. L. 2018: (4) amended, (HB 18-1027), ch. 31, p. 363, § 10, effective October 1; (4) amended, (HB 18-1375), ch. 274, p. 1706, § 37; effective October 1.