Ever been lost in thought about what you would do if you won the lottery? Ever had those thoughts interrupted with the realization that your neighbors, your family, your friends, your coworkers, and the general public would know that you won? Is that realization maybe enough to kill the fantasy? This week, a closer look at some legislation around the country aimed at allowing people who win the lottery to choose to remain anonymous to keep those pesky neighbors and coworkers away.
Bills around the country aimed at allow anonymity
Since 2011, 50 bills around the country have been proposed aimed at in some way allowing lottery winners to remain anonymous. To review all of these bills, check out the Stakeholder page or view this information on the BillTrack50 mobile app with Mobile Access Code:IORDKX. Of these bills, 35 died/failed, 2 are in committee, 2 have crossed over, 6 have been signed, and 2 have been vetoed. Let's take a look at some of the legislation that has passed, the two vetoed bills, and a few other interesting bills.
Passed Legislation
Texas passed legislation in 2017 which states "a natural person who is a prize winner of a lottery prize in an amount equal to $1 million or more may on the date the winner claims the prize choose to remain anonymous and prohibit all personally identifiable information from being released to the public."
Although the person's personally identifiable information is prohibited from being release, release of the prize winner's city or county of residence is allowed. The bill allows the commission to release or disclose the personally identifiable information of the lottery prize winner if the person chooses to have the prize paid in periodic installments. The commission is also allowed to release the person's personally identifiable information to the Health and Human Services Commission.
Georgia passed a bill in 2018 which amends the Georgia Lottery for Education Act stating "The corporation shall keep all information regarding the winner of awards of $250,000.00 or greater confidential upon the prize winner making a written request that his or her information be kept confidential."
West Virginia passed their second attempt to allow for an option for winners of draw games to remain anonymous in 2019. This bill states that a person entitled to collect a gross prize equal to or exceeding $1 million from a winning West Virginia State Lottery draw game ticket may choose remain anonymous. It also states that "such anonymity only applies to disclosure by the West Virginia State Lottery, and its employees and officers, of the name, personal contact information, and likeness of the person so entitled."
The bill also calls out that a person choosing to remain anonymous cannot be "construed to prevent or impede the lawful disclosure of such information in any court of record or administrative forum pursuant to lawful legal process or disclosure of such information to any taxing agency of any local, state, or federal government or any local, state, or federal agency lawfully entitled to such information, including agencies of another state and lottery agencies of states participating in a multistate or multijurisdictional lottery."
Finally, the bill states that the name, personal contact information, and likeness of the person will not be subject to disclosure under the Freedom of Information Act.
North Carolina also passed a bill in 2019 which states "If requested by the prize winner, the identity of a prize winner of fifty million dollars or more shall be treated as confidential information under G.S. 132-1.2(8) until 90 days after the winner has claimed the prize."
Missouri's bill, passed just last year, prohibits publishing of the names of lottery winners. The lottery commission, the state lottery or any employee of the state lottery, or any organization with whom the state has contracted to operate the state lottery or any of that organization's employees cannot publish the name, address, or any other identifying information of any person who wins the state lottery. "Publish" is defined in the bill to mean "to issue information or material in printed or electronic form for distribution or sale to the public." Any person or entity who violates this new provision by publishing identifying information could be convicted of a class A misdemeanor.
Vetoed Legislation
New York's bill was passed in 2018. Had it not been vetoed, this bill would have permitted state lottery winners to remain anonymous to the general public. The bill states that the division cannot publicly disclose the name, address, or other identifying information of any holder of a winning ticket or require any winning ticket holder to perform any public actions in connection with the awarding, payment, or collection of prize moneys where a holder of a winning ticket provides a written request to the division to remain anonymous. New York currently has a bill in committee that would require the state to keep state lottery winners identities anonymous to the general public unless the lottery winner gives their consent.
West Virginia's first bill was passed and vetoed in 2016 (they then proposed aforementioned legislation in 2019, which passed). This bill would have allowed a powerball winner to be anonymous if they elect to be anonymous. The bill also provided an exemption under FOIA if a person elects anonymity.
Other Interesting Legislation
Michigan has a bill that crossed over in May last year which would allow Michigan lottery winners of multi-state games (think Mega Millions, Powerball and Lucky for Life) the option to remain anonymous.
Texas proposed a bill in 2015, which did not pass, that would have allowed a lottery prize winner to choose to remain anonymous on their authorization to withhold five percent of winnings. The commission would have deposited five percent of of prize money paid for a single lottery prize claim, whether paid in one payment or installment payments, and before federal tax is withheld and other mandatory amounts are deducted into the state lottery account. If a lottery prize winner chooses to remain anonymous, the commission may not require them to participate in a news conference or other public forum.
In 2016, Georgia proposed legislation to allow winner to remain anonymous if they donated 25 percent of their winnings to the Lottery for Education Account or other tax exempt organizations.
Cover Photo by dylan nolte on Unsplash
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