HB-4361, As Passed Senate, June 4, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4361

     A bill to amend 1972 PA 239, entitled

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

(MCL 432.1 to 432.47) by adding section 24.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 24. (1) A person who holds a lottery sales license is

subject to licensing action as provided in subsection (2) if the

person is convicted or administratively disqualified as the result

of a transaction to which all of the following apply:

     (a) The transaction is a transaction for food assistance

program benefits.

     (b) The transaction involves an item other than eligible

foods.

     (c) The transaction is related to the sale of a lottery ticket

under the lottery sales license.

House Bill No. 4361 (H-2) as amended April 23, 2013

     (2) The commissioner shall take the following action under

section 23 with respect to the license of a person described in

subsection (1):

     (a) For a first offense under this section by the person,

suspend the license for at least 30 and up to 60 days.

     (b) For a second offense under this section by the person,

suspend the license for at least 61 and up to 120 days.

     (c) For a third or subsequent offense under this section by

the person, revoke the license.

     (3) As used in this section:

     (a) "Administratively disqualified" means administratively

disqualified from acting as a merchant under the food and nutrition

act of 2008, 7 USC 2011 to 2036a, or 7 CFR 278.6 because the person

has engaged in trafficking as that term is defined in 7 CFR 271.2.

A person is not administratively disqualified until any

administrative or judicial review under 7 CFR 279 is complete.

     (b) "Convicted" means that the person either was convicted of

or pled guilty to a crime under section 300a(1)(c) of the Michigan

penal code, 1931 PA 328, MCL 750.300a.

     (c) "Eligible foods" means that term as defined in 7 CFR

271.2.

[Enacting section 1. This amendatory act takes effect on the expiration of 90 days after the date it is enacted into law.]