Bill Text: MI HB4855 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Gaming; lottery; lottery winners; require lottery bureau to pay any indebtedness to department of human services. Amends sec. 32 of 1972 PA 239 (MCL 432.32).
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2014-12-02 - Referred To Committee Of The Whole [HB4855 Detail]
Download: Michigan-2013-HB4855-Engrossed.html
HB-4855, As Passed House, February 27, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4855
A bill to amend 1972 PA 239, entitled
"McCauley-Traxler-Law-Bowman-McNeely lottery act,"
by amending section 32 (MCL 432.32), as amended by 2012 PA 428.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) Before payment of a prize of $1,000.00 or more,
the bureau shall determine both of the following:
(a) Whether department of treasury records show that the
lottery winner has a current liability to this state or a support
arrearage.
(b) Whether unemployment insurance agency records show that
the lottery winner has any current liability for restitution of
unemployment benefits, penalty, or interest under section 15 of the
Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.15.
(c) Whether records of the department of human services show
that the lottery winner has any current liability to the department
of human services.
(2) The department of treasury shall provide the bureau with a
list or computer access to a compilation of persons known to the
department to have a current liability to this state, including
delinquent accounts of money due and owing to a court that have
been assigned to this state for collection, or a support arrearage.
The information shall be updated not less than once a month.
(3)
If a liability to this state, a support arrearage, or an
unemployment compensation debt, or a debt to the department of
human services is identified under subsection (1), the bureau shall
ascertain
the amount owed from the department of treasury, or the
unemployment insurance agency, or the department of human services,
as applicable.
(4) After ascertaining the amount owed by the lottery winner
under subsection (3), the bureau shall apply the amount of the
prize as follows:
(a) First to any liability to this state other than an
assigned
delinquent account of money due and owing to a court, or
an unemployment compensation debt, or a debt to the department of
human services.
(b) Next to any support arrearage.
(c) Next to any unemployment compensation debt.
(d) Next to any debt to the department of human services.
(e) (d)
Next to any assigned delinquent
accounts of money due
and owing to a court.
(f) (e)
The balance, if any, shall be paid
to the lottery
winner.
(5) Except for a payment applied to a liability under
subsection (4)(c) or (d), a lottery winner shall be given notice
and an opportunity for a hearing before the department of treasury
or its designee with respect to the liability to which the prize is
to be applied if the liability has not been reduced to judgment or
has not been finalized under statutory review provisions of the
statute under which the liability arose. The notice shall be given
by regular mail. The lottery winner may request a hearing before
the department of treasury within 15 days after the date of the
notice by making a written request to the state treasurer.
(6) An amount applied to pay a support arrearage shall be paid
by the bureau to the department of treasury, which shall pay the
amount to the office of the friend of the court for the appropriate
judicial circuit or to the state disbursement unit in the same
manner as a payment pursuant to an order of income withholding
under section 9 of the support and parenting time enforcement act,
1982 PA 295, MCL 552.609.
(7) In regard to information provided by the department of
treasury to the bureau under this section, the bureau is subject to
the confidentiality restrictions and penalties provided in section
28(1)(f) and (2) of 1941 PA 122, MCL 205.28. In regard to
information provided by the unemployment insurance agency to the
bureau under section 15 of the Michigan employment security act,
1936 (Ex Sess) PA 1, MCL 421.15, the bureau is subject to the
confidentiality restrictions and penalties provided in sections 11
and 54 of the Michigan employment security act, 1936 (Ex Sess) PA
1, MCL 421.11 and 421.54. In regard to information provided by the
department of human services to the bureau, the bureau is subject
to the same extent as is the department of human services to
restrictions prescribed by federal regulations governing temporary
assistance to needy families or other federal programs, by rules of
the department of human services, or otherwise, for preventing the
disclosure of confidential information to any person not authorized
by law to receive the information.
(8) Each office of the friend of the court shall report to the
office of child support the names of persons who have a current
support arrearage and the office of child support shall provide
that information to the department of treasury.
(9) As used in this section:
(a) "Office of the friend of the court" means an agency
created in section 3 of the friend of the court act, 1982 PA 294,
MCL 552.503.
(b) "Support" means that term as defined in section 2a of the
friend of the court act, 1982 PA 294, MCL 552.502a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
