Bill Text: MI SB0534 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Gaming; lottery; lottery winners; allow lottery bureau to withhold for unpaid court fines, costs, and victim compensation. Amends sec. 32 of 1972 PA 239 (MCL 432.32). TIE BAR WITH: SB 0519'13

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2013-10-08 - Referred To Committee On Judiciary [SB0534 Detail]

Download: Michigan-2013-SB0534-Introduced.html

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SENATE BILL No. 534

 

 

September 24, 2013, Introduced by Senators PROOS, BRANDENBURG, JONES, ROBERTSON and MARLEAU 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 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 the list prepared and made available by the state

 

court administrative office under section 1477 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.1477, shows that the

 

lottery winner has a current liability to a court in this state for

 

fines, costs, assessments, fees, victim payments, or other

 

payments.

 

     (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 liability to a court is

 

identified under subsection (1), the bureau shall ascertain the

 

amount owed from the department of treasury, or the unemployment

 

insurance agency, or the state court administrative office, 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.

 

     (b) Next to any support arrearage.

 

     (c) Next to any current liability to a court for fines, costs,

 

assessments, fees, victim payments, or other payments.

 

     (d) (c) Next to any unemployment compensation debt.

 

     (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.

 

     (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 does not take effect

 

unless Senate Bill No. 519                                      

 

          of the 97th Legislature is enacted into law.