Section 432.32 - Liability of lottery winner to state or support arrearage; application of prize to liability; notice; hearing; application of amount to support arrearage; confidentiality; report by f
MCCAULEY-TRAXLER-LAW-BOWMAN-MCNEELY LOTTERY ACT (EXCERPT)
Act 239 of 1972
432.32 Liability of lottery winner to state or support arrearage; application of prize to liability; notice; hearing; application of amount to support arrearage; confidentiality; report by friend of the court; definitions.
Sec. 32.
(1) Before payment of a prize of $1,000.00 or more, the bureau shall determine whether the department of treasury records show that a lottery winner has a current liability to this state or a support arrearage. The department of treasury shall provide the bureau with a list or computer access to a compilation of persons known to the department to have a current liability to this state, including delinquent accounts of amounts due and owing to a court that have been assigned to the state for collection, or a support arrearage. The information shall be updated not less than once a month. If a liability to this state or support arrearage is identified, the bureau shall ascertain the amount owed from the department of treasury and first apply the amount of the prize to the liability to the state other than the amount of any assigned delinquent account of amounts due and owing to a court, next to the support arrearage, and next to the assigned delinquent accounts of amounts due and owing to a court, and the excess, if any, shall be paid to the lottery winner.
(2) A lottery winner shall receive notice and an opportunity for a hearing before the department of treasury or its designee with respect to the liability to which the prize is to be applied where the liability has not been reduced to judgment or has not been finalized under statutory review provisions of the statute under which the liability arose. The notice shall be made by regular mail. The lottery winner may request a hearing within 15 days of the date of the notice by making a written request to the revenue commissioner.
(3) An amount applied to pay a support arrearage shall be paid by the bureau to the department of treasury which shall pay the amount to the office of the friend of the court for the appropriate judicial circuit in the same manner as is prescribed for a payment pursuant to an order of income withholding under section 9 of the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being section 552.609 of the Michigan Compiled Laws.
(4) In regard to the information provided by the department of treasury to the bureau under this section, the bureau is subject to the confidentiality restrictions and penalties provided in section 28(1)(f) and (2) of Act No. 122 of the Public Acts of 1941, being section 205.28 of the Michigan Compiled Laws.
(5) Until October 1, 1995 each office of the friend of the court may report to the department of treasury the names of persons who have a current support arrearage. Beginning October 1, 1995 each office of the friend of the court shall report to the office of child support the names of persons who have a current support arrearage and the office of child support shall provide that information to the department of treasury.
(6) As used in this section:
(a) “Office of the friend of the court” means an agency created in section 3 of the friend of the court act, Act No. 294 of the Public Acts of 1982, being section 552.503 of the Michigan Compiled Laws.
(b) “Support” means that term as defined in section 31 of Act No. 294 of the Public Acts of 1982, being section 552.531 of the Michigan Compiled Laws.
History: Add. 1987, Act 55, Imd. Eff. June 22, 1987 ;-- Am. 1994, Act 11, Imd. Eff. Feb. 24, 1994 ;-- Am. 1996, Act 13, Eff. June 1, 1996
Compiler's Notes: For transfer of the Bureau of State Lottery from the Department of Management and Budget to be an autonomous entity within the Department of Treasury, see E.R.O. No. 1991-2, compiled at MCL 12.161 of the Michigan Compiled Laws.
Popular Name: Lottery Act