October 12, 2005, Introduced by Reps. Gonzales, Polidori, Zelenko, Vagnozzi, Tobocman, Byrnes and Clack and referred to the Committee on Government Operations.
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 1996 PA 13.
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 whether the department of treasury
records show that a lottery winner has a current liability to this
state or a support arrearage. 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
amounts money due
and
owing to a court that have been assigned to the state for
collection, or a support arrearage. The information shall be
updated not less than once a month. If a liability to this state or
support arrearage is identified, the bureau shall ascertain the
amount owed from the department of treasury and first apply the
amount
of the prize to the a
support arrearage, next to liability
to
the state other than the amount of any an assigned
delinquent
account
of amounts money due and
owing to a court,
next to the
support
arrearage, and next to
the an assigned
delinquent
accounts
account of amounts money due and
owing to a court,
and the excess, if any, shall be paid to the lottery winner.
(2) A lottery winner shall receive notice and an opportunity
for a hearing before the department of treasury or its designee
with
respect to the any
liability to which the prize is to be
applied where
under this section 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 made given
by regular mail. The lottery
winner may request a hearing within 15 days of the date of the
notice by making a written request to the revenue commissioner.
(3) An
amount Money applied to pay a support arrearage under
this section shall be paid by the bureau to the department of
treasury,
which shall pay the amount money
to the office of the
friend of the court for the appropriate judicial circuit in the
same manner as is prescribed for a payment pursuant to an order of
income withholding under section 9 of the support and parenting
time
enforcement act, Act No. 295 of the Public Acts of 1982,
being
section 552.609 of the Michigan Compiled Laws 1982 PA 295,
MCL 552.609.
(4) In regard to the 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 Act No. 122 of the Public Acts of 1941, being
section
205.28 of the Michigan Compiled Laws 1941 PA 122, MCL
205.28.
(5) Until
October 1, 1995 each office of the friend of the
court
may report to the department of treasury the names of persons
who
have a current support arrearage. Beginning October 1, 1995
each
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.
(6) 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, Act No. 294
of
the Public Acts of 1982, being section 552.503 of the Michigan
Compiled
Laws 1982 PA 294, MCL
552.503.
(b)
"Support" means that term as defined in section 31
of Act
No.
294 of the Public Acts of 1982, being section 552.531 of the
Michigan
Compiled Laws 2a of the
friend of the court act, 1982 PA
294, MCL 552.502a.