August 8, 2007, Introduced by Rep. Farrah 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 23 (MCL 432.23), as amended by 2004 PA 272.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 23. (1) The commissioner shall not issue a license to a
person to engage in business exclusively as a lottery sales agent.
Before issuing a lottery sales license, the commissioner shall
consider factors such as the financial responsibility and security
of the person and his or her business or activity, the
accessibility of his or her place of business or activity to the
public, the sufficiency of existing licenses to serve the public
convenience, and the volume of expected sales.
(2)
Beginning the effective date of the amendatory act that
added
subsection (12), the The commissioner shall issue an initial
or renewal lottery sales license not later than 90 days after the
applicant files a completed application. Receipt of the application
is considered the date the application is received by any agency or
department of this state. If the commissioner determines that the
application
is determined to be incomplete,
by the commissioner,
the commissioner shall notify the applicant in writing, or make
information electronically available, within 30 days after receipt
of the incomplete application, describing the deficiency and
requesting the additional information. The 90-day period is tolled
upon notification by the commissioner of a deficiency until the
date the requested information is received by the commissioner. The
determination of the completeness of an application does not
operate as an approval of the application for the license and does
not confer eligibility of an applicant determined otherwise
ineligible for issuance of a license.
(3) If the commissioner fails to issue or deny a lottery sales
license within the time required by this section, the commissioner
shall return the license fee and shall reduce the license fee for
the applicant's next renewal application, if any, by 15%. The
failure to issue a lottery sales license within the time required
under this section does not allow the commissioner to otherwise
delay the processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The commissioner shall not
discriminate against an applicant in the processing of the
application based upon the fact that the license fee was refunded
or discounted under this subsection.
(4)
Beginning October 1, 2005, the The
commissioner shall
submit a report by December 1 of each year to the standing
committees and appropriations subcommittees of the senate and house
of representatives concerned with gaming issues. The commissioner
shall include all of the following information in the report
concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
commissioner received and completed within the 90-day time period
described in subsection (2).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
90-day time period and the amount of money returned to licensees
and applicants under subsection (3).
(5) Notwithstanding any other provision of law, a person
licensed as a lottery sales agent may sell lottery tickets and
shares. A person lawfully engaged in nongovernmental business on
state property may be licensed as a lottery sales agent.
(6) A lottery sales license is not assignable or transferable.
(7) A licensed agent or his or her employee may sell lottery
tickets or shares only on the premises stated in the lottery sales
license. A licensed agent who violates this subsection is, at the
commissioner's discretion, subject to 1 or more of the following:
(a) Probation for not more than 2 years.
(b) A fine of not more than $1,000.00.
(c) Removal of his or her lottery terminal.
(8) The commissioner may require a bond from a licensed agent
in an amount provided in rules promulgated under this act.
(9) A licensed agent shall display his or her license or a
copy of the license conspicuously in accordance with rules
promulgated under this act.
(10) The commissioner may suspend or revoke the license of an
agent who violates this act or a rule promulgated under this act.
(11) For purposes of terminal placement, the commissioner
shall take into account with equal emphasis both of the following:
(a) The total instant game sales for the 3 months immediately
preceding a market evaluation.
(b) The need to maximize net lottery revenues from the total
number of terminals placed.
(12) A licensed lottery sales agent shall not offer to give or
give any money or other thing of value to the holder of a lottery
ticket or share for winning the lottery, other than the prize if
payment of the prize by the agent is authorized by the
commissioner.
(13) (12)
As used in this section:
(a) "Completed application" means an application complete on
its face and submitted with any applicable licensing fees and any
other information, records, approval, security, or similar item
required by law or rule from a local unit of government, a federal
agency, or a private entity but not from another department or
agency of this state.
(b) "Person" means an individual, association, corporation,
club, trust, estate, society, company, joint stock company,
receiver, trustee, referee, or other person acting in a fiduciary
or representative capacity who is appointed by a court, or any
combination of individuals. Person includes a department,
commission, agency, or instrumentality of the state, including a
county, city, village, or township and an agency or instrumentality
of the county, city, village, or township.