HOUSE BILL No. 6018


     May 7, 2002, Introduced by Reps. Mead, Tabor, Hummel, DeRossett, Howell, Newell, Voorhees, Vander Veen, Patterson, Caul,
Raczkowski, Julian, George, Bisbee and Vear 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:

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

 2
        more, the bureau shall determine whether the department of trea-

 3
        sury records show that a lottery winner has a current liability

 4
        to this state or a support arrearage.  The department of treasury

 5
        shall provide the bureau with a list or computer access to a com-

 6
        pilation of persons known to the department to have a current

 7
        liability to this state, including delinquent accounts of amounts

 8
        due and owing to a court that have been assigned to the state for

 9
        collection, or a support arrearage.  The information shall be

10
        updated not less than once a month.  If a liability to this state

11
        or support arrearage is identified, the bureau shall ascertain


   04605'01 h *                                             DGB                                   2

 1
        the amount owed from the department of treasury and first apply

 2
        the amount of the prize to the liability to the state other than

 3
        the amount of any assigned delinquent account of amounts due and

 4
        owing to a court, next to the support arrearage, and next to the

 5
        assigned delinquent accounts of amounts due and owing to a court,

 6
        and the excess, if any, shall be paid to the lottery winner.

 7
             (2) A lottery winner shall receive notice and an opportunity

 8
        for a hearing before the department of treasury or its designee

 9
        with respect to the liability to which the prize is to be applied

10
        where the liability has not been reduced to judgment or has not

11
        been finalized under statutory review provisions of the statute

12
        under which the liability arose.  The notice shall be made by

13
        regular mail.  The lottery winner may request a hearing within 15

14
        days of the date of the notice by making a written request to the

15
        revenue commissioner.

16
             (3) An amount applied to pay a support arrearage shall be

17
        paid by the bureau to the department of treasury which shall pay

18
        the amount to the  office of the friend of the court  COURT

19
        FAMILY SERVICES OFFICE for the appropriate judicial circuit in

20
        the same manner as is prescribed for a payment  pursuant to

21
        UNDER an order of income withholding under section 9 of the sup-

22
        port and parenting time enforcement act,  Act No. 295 of the

23
        Public Acts of 1982, being section 552.609 of the Michigan

24
        Compiled Laws  1982 PA 295, MCL 552.609.

25
             (4) In regard to the information provided by the department

26
        of treasury to the bureau under this section, the bureau is

27
        subject to the confidentiality restrictions and penalties



   04605'01 h *                                   3

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

 2
        Public Acts of 1941, being section 205.28 of the Michigan

 3
        Compiled Laws  1941 PA 122, MCL 205.28.

 4
             (5)  Until October 1, 1995, each office of the friend of the

 5
        court may report to the department of treasury the names of per-

 6
        sons who have a current support arrearage.  Beginning October 1,

 7
        1995, each office of the friend of the court  EACH COURT FAMILY

 8
        SERVICES OFFICE shall report to the office of child support the

 9
        names of persons who have a current support arrearage and the

10
        office of child support shall provide that information to the

11
        department of treasury.

12
             (6) As used in this section:

13
             (a)  "Office of the friend of the court  "COURT FAMILY SERV-

14
        ICES OFFICE" means an agency created in section 3 of the  friend

15
        of the court  COURT FAMILY SERVICES OFFICE act,  Act No. 294 of

16
        the Public Acts of 1982, being section 552.503 of the Michigan

17
        Compiled Laws  1982 PA 294, MCL 552.503.

18
             (b) "Support" means that term as defined in section  31 of

19
        Act No. 294 of the Public Acts of 1982, being section 552.531 of

20
        the Michigan Compiled Laws  2A OF THE COURT FAMILY SERVICES

21
        OFFICE ACT, 1982 PA 294, MCL 552.502A.

22
             Enacting section 1.  This amendatory act does not take

23
        effect unless Senate Bill No. ______ or House Bill No. 6011

24
        (request no. 04605'01 *) of the 91st Legislature is enacted into

25
        law.







   04605'01 h *          Final page.                        DGB