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ROBERT L. EHRLICH, JR., Governor H.B. 158
(V) BEGINNING OCTOBER 1, 2006, THE AGENCY, NOT LATER THAN 30
DAYS AFTER RECEIVING A CERTIFIED COPY OF A COURT ORDER APPROVING A
VOLUNTARY ASSIGNMENT, SHALL SEND THE ASSIGNOR AND THE ASSIGNEE
WRITTEN CONFORMATION OF:
1. THE COURT-APPROVED ASSIGNMENT; AND
2. THE INTENT OF THE AGENCY TO RELY ON THE
ASSIGNMENT IN MAKING PAYMENTS TO THE ASSIGNEE NAMED IN THE ORDER
(VI) A VOLUNTARY ASSIGNMENT MAY NOT INCLUDE OR COVER
PAYMENTS OR PARTS OF PAYMENTS TO THE EXTENT THAT THE PAYMENTS ARE
SUBJECT TO CHILD SUPPORT PAYMENTS, CRIMINAL RESTITUTION, OR BANKRUPTCY
PROCEEDINGS AS OF THE DATE OF THE COURT ORDER APPROVING A VOLUNTARY
ASSIGNMENT.
(VII) 1. THE AGENCY, THE COMMISSION, AND OFFICIALS AND
EMPLOYEES OF THE AGENCY ARE NOT LIABLE UNDER THIS PARAGRAPH AFTER
PAYMENT OF AN ASSIGNED PRIZE IS MADE.
2. THE ASSIGNOR AND ASSIGNEE SHALL HOLD HARMLESS
AND INDEMNIFY THE AGENCY, THE COMMISSION, AND THE STATE AND ITS
EMPLOYEES AND AGENTS FROM ALL CLAIMS, SUITS, ACTIONS, COMPLAINTS, OR
LIABILITIES RELATED TO THE ASSIGNMENT.
(VIII) 1. THE AGENCY MAY ESTABLISH A REASONABLE FEE TO
DEFRAY ADMINISTRATIVE EXPENSES ASSOCIATED WITH ASSIGNMENTS MADE
UNDER THIS SECTION, INCLUDING A PROCESSING FEE IMPOSED BY A PRIVATE
ANNUITY PROVIDER
2. THE AMOUNT OF THE FEE SHALL REFLECT THE DIRECT
AND INDIRECT COSTS OF PROCESSING ASSIGNMENTS.
(IX) 1. A CONTRACT OF ASSIGNMENT IN WHICH THE ASSIGNOR IS
A LOTTERY WINNER SHALL INCLUDE A SWORN AFFIDAVIT IN A FORM THAT THE
AGENCY PROVIDES AND THE ASSIGNEE COMPLETES.
2. UNTIL THE AGENCY PROVIDES THE FORM, AN ASSIGNEE
MAY USE ITS OWN FORM THAT INCLUDES THE INFORMATION REQUIRED IN
SUBSUBPARAGRAPH 3 OF THIS SUBPARAGRAPH.
3. THE AFFIDAVIT SHALL INCLUDE:
A. A SUMMARY OF ASSIGNEE CONTACTS WITH THE WINNER;
B. A SUMMARY OF ANY COMPLAINTS, LAWSUITS, CLAIMS, OR
OTHER LEGAL ACTIONS FROM LOTTERY WINNERS REGARDING CONDUCT OF THE
ASSIGNEE OR ITS AGENTS;
C. A STATEMENT THAT THE ASSIGNEE IS REGISTERED TO DO
BUSINESS IN THE STATE AND IS IN GOOD STANDING WITH THE DEPARTMENT OF
ASSESSMENTS AND TAXATION AND ANY OTHER LICENSING OR REGULATORY UNIT
WHOSE APPROVAL IS REQUIRED IN THE CONDUCT OF THE ASSIGNEE'S BUSINESS;
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