2023 Colorado Revised Statutes
Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001)
LOTTERY (§§ 44-40-101 — 44-50-1001)
Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123)
Section 44-40-114 - Prizes - lottery winnings offset for restitution, fines, fees, costs, or surcharges

Universal Citation:
CO Code § 44-40-114 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (1) Prior to the payment of any lottery winnings required by rule of the commission to be paid only at the lottery offices, the department of revenue shall require the winner to submit the winner's social security number and federal employer identification number, if applicable, and shall check the social security number of the winner with those certified by the judicial department for the purpose of the state lottery winnings offset as provided in sections 16-11-101.8 and 16-18.5-106.5. The social security number and the federal employer identification number shall not become part of the public record of the department of revenue.
  • (2) If the social security number of a lottery winner appears among those certified by the judicial department, the department of revenue shall suspend the payment of the winnings until the requirements of sections 16-11-101.8 and 16-18.5-106.5 are met. If, after consulting with the judicial department, the department of revenue determines that the lottery winner is obligated to pay the amounts certified under sections 16-11-101.8 and 16-18.5-106.5, then the department of revenue shall withhold from the amount of winnings paid to the lottery winner an amount equal to the amount that is due or, if the amount of winnings is less than or equal to the amount due, shall withhold the entire amount of the lottery winnings. Any money so withheld shall be transmitted to the state treasurer for disbursement as directed in sections 16-11-101.8(2) and 16-18.5-106.5(3).
  • (3) If a lottery winner owes a child support debt or arrearages or child support costs as described in section 44-40-113(6), and also owes restitution, fines, fees, costs, or surcharges as described in sections 16-11-101.8 and 16-18.5-106.5, the lottery winnings offset against the child support debt or arrearages or costs shall take priority and be applied first. The remaining lottery winning money, if any, shall be applied second toward the payment of outstanding restitution, and then toward fines, fees, costs, or surcharges and processed in accordance with this section.

Amended by 2019 Ch. 238,§ 4, eff. 8/2/2019.

Renumbered from C.R.S. § 24-35-212.5 and amended by 2018 Ch. 31,§ 2, eff. 10/1/2018.

L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 356, § 2, effective October 1.

This section is similar to former § 24-35-212.5 as it existed prior to 2018.


Disclaimer: These codes may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.