Bill Text: MI SB0038 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Gaming: lottery; multistate lottery games; allow winner to remain anonymous. Amends sec. 25 of 1972 PA 239 (MCL 432.25).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-01-16 - Referred To Committee On Regulatory Reform [SB0038 Detail]

Download: Michigan-2019-SB0038-Introduced.html

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SENATE BILL No. 38

 

 

January 16, 2019, Introduced by Senator VANDERWALL and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 1972 PA 239, entitled

 

"McCauley-Traxler-Law-Bowman-McNeely lottery act,"

 

by amending section 25 (MCL 432.25), as amended by 1998 PA 465.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 25. (1) The bureau shall give a prizewinner in the

 

Michigan lotto game the option of receiving his or her the prize in

 

a single payment or in installments. This option shall must be made

 

available to and exercised by the purchaser of a Michigan lotto

 

game ticket at the point of purchase. As used in this subsection,

 

"Michigan lotto game" means a game administered by the bureau in

 

which the matrix is 6 out of 49 numbers drawn.

 

     (2) The right of any person to a prize drawn from the state

 

lottery is not assignable, except as provided in this section. The

 

commissioner shall be is discharged of from all further liability

 

upon on payment of a prize pursuant to under this section.

 

     (3) Payment of any a prize drawn may be made to a person

 

pursuant to an appropriate judicial under a properly issued court

 

order.

 

     (4) Payment of any a prize drawn may be made to the this state

 

pursuant to under section 32.

 

     (5) If a prizewinner dies before collecting the full amount of

 

his or her prize drawn from the state lottery, the bureau shall

 

continue to make the remaining prize payments to the prizewinner's

 

surviving spouse and the prizewinner's each living children child

 

of the prizewinner, in equal proportions, unless otherwise directed

 

by the prizewinner. If there is not a no surviving spouse, or

 

living children child, or other designated beneficiaries,

 

beneficiary of the prizewinner, the bureau shall pay the remaining

 

prize payments shall be made to the prizewinner's estate.

 

     (6) Except as provided in subsection (11), (12), payment of

 

any prize drawn may be made to any a person pursuant to under a

 

voluntary assignment of the right to receive future prize payments,

 

in whole or in part, if the assignment is made to a person or

 

entity designated pursuant to an appropriate judicial under a

 

properly issued order of a court of competent jurisdiction located

 

in either the county in which the assignor resides or the county in

 

which the bureau is located. An order approving the assignment and

 

directing the commissioner to pay the assignee all or a part of

 

future prize payments is properly issued if the court finds that

 

all of the following circumstances exist:

     (a) The assignment is in writing, executed by the assignor in

 

accordance with the laws of this state, and the terms of the

 

assignment are disclosed, including the identity of the assignee,

 

the portion or portions of prize payments to be assigned, and the

 

amounts and dates of any payments that shall will be given in

 

exchange for the assignment.

 

     (b) The assignor provides has provided a sworn affidavit to

 

the court attesting that the assignor is of sound mind, is not

 

acting under duress, has been advised regarding the assignment by

 

his or her legal counsel, and understands and agrees that the this

 

state and the commissioner will have no further liability or

 

responsibility to make prize payments to the assignor.

 

     (c) The proposed assignment does not include or cover payments

 

or portions of payments that are subject to section 32.

 

     (d) Not A copy of the complaint or motion for the approval of

 

the voluntary assignment under this subsection and a notice of

 

hearing on the complaint or motion has been served on the attorney

 

general not less than 5 days after filing a petition for a judicial

 

order that approves a voluntary assignment under this subsection

 

the complaint or motion was filed and not less than 10 days before

 

a the hearing on the petition, the petitioner shall cause a copy of

 

the petition and notice of hearing on the petition to be served

 

upon the attorney general. The and the attorney general or his or

 

her assistant shall be permitted had the opportunity to appear and

 

take action that is in the best interests of the bureau and this

 

state.

 

     (7) Soliciting or offering rights to lottery prize payments,

either by assignment or through pledge as collateral for a loan,

 

shall not be considered selling or offering for sale lottery

 

tickets or shares under this act.

 

     (8) The commissioner is authorized to may establish a

 

reasonable fee to defray the cost of any administrative expenses

 

associated with assignments made pursuant to under this section,

 

including the cost of a any processing fee that may be imposed by a

 

private annuity provider. The amount of the fee shall established

 

under this subsection must reflect the direct and indirect costs

 

associated with processing the assignments.

 

     (9) Except as otherwise provided by state or federal law, the

 

commissioner or an officer or employee of the bureau shall not

 

disclose the name, address, or any other personal information

 

concerning a winner of a prize greater than $10,000.00 drawn from

 

the state lottery, unless the winner of a the prize agrees in

 

writing to allow the disclosure. Subject to subsection (10), the

 

information protected against disclosure under this section is

 

exempt from disclosure under the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246.

 

     (10) Notwithstanding subsection (9), Except as otherwise

 

provided by state or federal law, the commissioner or an officer or

 

employee of the bureau may shall not disclose the name, address, or

 

any other personal information concerning a winner of a prize

 

awarded under a game played pursuant to a joint enterprise, to the

 

extent required under the joint enterprise participation agreement

 

executed by the commissioner.unless the winner of the prize agrees

 

in writing to allow the disclosure.

     (11) Information protected against disclosure under

 

subsections (9) and (10) is exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (12) (11) If at any time the federal internal revenue service

 

Internal Revenue Service or a court of competent jurisdiction

 

issues a determination letter, revenue ruling, other public ruling

 

of the internal revenue service, Internal Revenue Service, or

 

published decision to any state lottery or state lottery

 

prizewinner declaring that the voluntary assignment of prizes will

 

affect the federal income tax treatment of prizewinners who do not

 

assign their prizes, the commissioner shall immediately file a copy

 

of that letter, ruling, or published decision with the secretary of

 

state and the office of the state court administrator. A court

 

shall not issue a voluntary assignment order under subsection (6)

 

after the date the ruling, letter, or published decision is filed.