Act No. 56

Public Acts of 2013

Approved by the Governor

June 11, 2013

Filed with the Secretary of State

June 11, 2013

EFFECTIVE DATE: September 10, 2013

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Reps. Victory, Johnson, Daley, Heise, Kowall, Lauwers and Hooker

ENROLLED HOUSE BILL No. 4361

AN ACT to amend 1972 PA 239, entitled “An act to establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create funds; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties,” (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.

(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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor