HOUSE BILL No. 6309


     September 17, 2002, Introduced by Rep. Wojno and referred to the Committee on Family and Children Services.


        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:

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             Sec. 32.  (1) Before payment of a prize of $1,000.00 or

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        more, the bureau shall determine whether the department of trea-

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        sury records show that a lottery winner has a current liability

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        to this state or a support arrearage.  The department of treasury

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        shall provide the bureau with a list or computer access to a com-

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        pilation of persons known to the department to have a current

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        liability to this state, including delinquent accounts of amounts

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        due and owing to a court that have been assigned to the state for

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        collection, or a support arrearage.  The information shall be

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        updated not less than once a month.  If a liability to this state

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        or support arrearage is identified, the bureau shall ascertain


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        the amount owed from the department of treasury and first apply

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        the amount of the prize to the liability to the state other than

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        the amount of any assigned delinquent account of amounts due and

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        owing to a court, next to the support arrearage, and next to the

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        assigned delinquent accounts of amounts due and owing to a court,

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        and the excess, if any, shall be paid to the lottery winner.

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             (2) A lottery winner shall receive notice and an opportunity

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        for a hearing before the department of treasury or its designee

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        with respect to the liability to which the prize is to be applied

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        where the liability has not been reduced to judgment or has not

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        been finalized under statutory review provisions of the statute

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        under which the liability arose.  The notice shall be made by

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        regular mail.  The lottery winner may request a hearing within 15

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        days of the date of the notice by making a written request to the

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        revenue commissioner.

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             (3) An amount applied to pay a support arrearage shall be

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        paid by the bureau to the department of treasury which shall pay

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        the amount to the office of the friend of the  court  CHILD for

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        the appropriate judicial circuit in the same manner as is pre-

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        scribed for a payment  pursuant to  UNDER an order of income

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        withholding under section 9 of the support and parenting time

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        enforcement act,  Act No. 295 of the Public Acts of 1982, being

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        section 552.609 of the Michigan Compiled Laws  1982 PA 295,

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        MCL 552.609.

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             (4) In regard to the information provided by the department

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        of treasury to the bureau under this section, the bureau is

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        subject to the confidentiality restrictions and penalties



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        provided in section 28(1)(f) and (2) of  Act No. 122 of the

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        Public Acts of 1941, being section 205.28 of the Michigan

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        Compiled Laws  1941 PA 122, MCL 205.28.

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             (5) Until October 1, 1995, each office of the friend of the

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         court  CHILD may report to the department of treasury the names

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        of persons who have a current support arrearage.  Beginning

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        October 1, 1995, each office of the friend of the  court  CHILD

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        shall report to the office of child support the names of persons

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        who have a current support arrearage and the office of child sup-

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        port shall provide that information to the department of

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        treasury.

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             (6) As used in this section:

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             (a) "Office of the friend of the  court  CHILD" means an

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        agency created in section 3 of the friend of the  court  CHILD

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        act,  Act No. 294 of the Public Acts of 1982, being section

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        552.503 of the Michigan Compiled Laws  1982 PA 294, MCL 552.503.

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             (b) "Support" means that term as defined in section  31 of

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        Act No. 294 of the Public Acts of 1982, being section 552.531 of

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        the Michigan Compiled Laws  2A OF THE FRIEND OF THE CHILD ACT,

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        1982 PA 294, MCL 552.502A.

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             Enacting section 1.  This amendatory act does not take

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        effect unless Senate Bill No. _____ or House Bill No. 6317

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        (request no. 07684'02) of the 91st Legislature is enacted into

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        law.









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