Michigan Compiled Laws Act 239 Of 1972 Mccauley-traxler-law-bowman-mcneely Lottery Act (432.1 - 432.47)

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.

History: 1972, Act 239, Imd. Eff. Aug. 1, 1972 ;-- Am. 1981, Act 40, Imd. Eff. May 13, 1981 ;-- Am. 1987, Act 55, Imd. Eff. June 22, 1987 ;-- Am. 1996, Act 95, Eff. Mar. 31, 1997 ;-- Am. 2012, Act 293, Imd. Eff. Aug. 1, 2012

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

Section 432.1 Short Title.
This act shall be known and may be cited as the “McCauley-Traxler-Law-Bowman-McNeely lottery act”. History: 1972, Act 239, Imd. Eff. Aug. 1, 1972 ;--...
Section 432.3 Definitions.
As used in this act: (a) “Bureau” means the bureau of state lottery created by this act. (b) “Commissioner” means the commissioner of state...
Section 432.5 Bureau Of State Lottery; Creation; Transfer Of Bureau To Department Of Management And Budget As Autonomous Entity; Commissioner As Head Of Bureau; Commissioner Exempt From Civil Service; Legislative Intent.
(1) A bureau is created to be known as the bureau of state lottery. The bureau of state lottery created by this act in...
Section 432.7 Commissioner; Qualifications; Appointment; Vacancy; Salary.
The commissioner shall be qualified by training and experience to direct the work of the bureau. The commissioner shall be appointed by the governor,...
Section 432.9 State Lottery; Establishment And Operation; Maximum Revenues; Bids And Contracts For Equipment And Services; Prohibited Activity; Joint Enterprises; Education And Treatment Of Compulsive Gamblers.
(1) The commissioner shall initiate, establish, and operate a state lottery at the earliest feasible and practicable time. The lottery shall produce the maximum...
Section 432.11 Rules.
(1) The commissioner shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as necessary to...
Section 432.12 Apportionment Of Revenue For Payment Of Prizes; Percentage.
(1) Except as otherwise provided in subsection (2), as nearly as is practicable, not less than 45% of the total annual revenue accruing from...
Section 432.13 Reports; Monthly And Annual; Contents.
The commissioner shall make a monthly report to the governor, the state treasurer and the legislature. The monthly report shall include the total lottery...
Section 432.15 Reports, Studies, Investigations, And Recommendations.
(1) The commissioner shall report immediately to the governor, the state treasurer and the legislature any matters that require immediate changes in the laws...
Section 432.16 Compulsive Gambling; Study; Toll-free Compulsive Gaming Helpline Number.
(1) The commissioner shall conduct a study of compulsive gambling and the extent to which persons with compulsive gambling disorders participate in gambling activities....
Section 432.17 Supervision And Administration Of Lottery; Licensing Of Lottery Sales Agents.
The commissioner shall: (a) Supervise and administer the operation of the lottery in accordance with this act and the rules. (b) License as agents...
Section 432.18 Contracts For Operation And Promotion Of Lottery; Assignment; Limitations; Contracts For Advertising Or Promotional Material Relating To Club Keno Game; "Nascar" Defined.
(1) The commissioner, subject to the applicable laws relating to public contracts, may enter into contracts for the operation of the lottery, or any...
Section 432.19 Personnel; Governmental Assistance.
(1) The commissioner shall employ personnel as necessary to implement this act at least 2 of whom shall not be in the classified service....
Section 432.20 Subpoenas.
The circuit court upon petition of the commissioner after a hearing may issue subpoenas to compel the attendance of witnesses and the production of...
Section 432.23 License As Lottery Sales Agent; Issuance; Consideration Of Factors; Receipt Of Completed Application; Issuance Of Certificate Within Certain Period Of Time; Report; Nonassignable And Nontransferable; Bond; Display Of License; Suspension Or Revocation; Terminal Placement; Prohibited Conduct; Definitions.
(1) The commissioner shall not issue a license to a person to engage in business exclusively as a lottery sales agent. Before issuing a...
Section 432.24 Conviction Or Administrative Disqualification Of Person Holding Lottery Sales License; Transactions; Actions By Commissioner; Definitions.
(1) A person who holds a lottery sales license is subject to licensing action as provided in subsection (2) if the person is convicted...
Section 432.25 Single Payment Or Installments; Right To Prize Nonassignable; Discharge Of Liability; Payment To Person Pursuant To Judicial Order; Payment To State Pursuant To Mcl 432.32; Death Of Prizewinner; Findings Required For Judicial Order; Rights To Lottery Prize Payments; Fee; Effect Of Voluntary Assignment On Federal Income Tax Treatment Of Prizewinners; Disclosure Of Personal Information.
(1) The bureau shall give a prizewinner in the Michigan lotto game the option of receiving his or her prize in a single payment...
Section 432.27 Price Of Lottery Ticket; Sales By Person Other Than Licensed Agent; Lottery Ticket As Gift; Penalty.
(1) A person shall not sell a ticket or share at a price greater than that fixed by rule of the commissioner. A person...
Section 432.29 Sale Or Gift Of Lottery Ticket To Minor; Penalty.
A ticket or share shall not be sold to any person under the age of 18. This does not prohibit the purchase of a...
Section 432.30 Falsely Making, Altering, Forging, Uttering, Passing, Or Counterfeiting Lottery Ticket; Violation As Felony; Penalty.
(1) A person, with the intent to defraud, shall not falsely make, alter, forge, utter, pass, or counterfeit a state lottery ticket or share....
Section 432.31 Ineligibility Of Bureau Officers, Employees, Or Relatives Thereof.
A ticket or share shall not be purchased by and a prize shall not be paid to an officer or employee of the bureau...
Section 432.32 Payment Of Prize Of $1,000.00 Or More; Determination By Bureau; Compilation Of Persons Having Current Liability To State; Application Of Prize To Liability; Notice; Hearing; Application Of Amount To Support Arrearage; Confidentiality; Names Provided By Office Of Friend Of The Court; Definitions.
(1) Before payment of a prize of $1,000.00 or more, the bureau shall determine both of the following: (a) Whether department of treasury records...
Section 432.32a Notification Of Name And Identification Information To Department Of Human Services.
Within 7 days after paying a prize of $1,000.00 or more, the bureau shall notify the department of human services of the name of...
Section 432.33 Unclaimed Prize Money; Disposition.
(1) Unclaimed prize money for the prize on a winning ticket or share of the state lottery shall be retained by the commissioner for...
Section 432.34 Repealed. 1988, Act 516, Eff. Jan. 1, 1988.
Compiler's Notes: Section 2 of Act 516 of 1988 provides: “Section 34 of the McCauley-Traxler-Law-Bowman-McNeely lottery act, Act No. 239 of the Public Acts of...
Section 432.35 Deposit Of Moneys Collected From Sale Of Lottery Tickets; Report; Lawful Functions, Activities, And Services; “financial Institution” Defined.
(1) The commissioner shall require that all moneys collected from the sale of lottery tickets be deposited in 1 or more financial institutions to...
Section 432.37 Other Penalties Or Disabilities Inapplicable.
Any other law providing any penalty or disability for the sale of lottery tickets or any acts done in connection with a lottery shall...
Section 432.39 Payment Of Prize To Minor; Discharge Of Liability.
If the person entitled to a prize or any winning ticket is under the age of 18 years, and the prize is more than...
Section 432.41 State Lottery Fund; Creation; Payment Of Prizes; Prize Structure; Investment Authority Of State Treasurer; Review Of Status Of Installment Prize Investments; Reserves; Disposition Of Earnings.
(1) The state lottery fund is created in the department of treasury. Except as provided in subsection (3), the state lottery fund consists of...
Section 432.43 Appropriation Of Money In State Lottery Fund.
Subject to section 41(1), the money in the state lottery fund is appropriated only for the payment of prizes to the holders of winning...
Section 432.45 Club Keno Advertising Fund; Creation; Receipt Of Money Or Other Assets; Money Remaining In Fund At Close Of Fiscal Year; Bureau As Administrator; Distribution And Deposit Of Money.
(1) The club keno advertising fund is created within the state treasury. (2) The commissioner may receive money or other assets from any source...
Section 432.47 Biannual And Special Postaudits; Authority Of Auditor General.
The auditor general or an independent public accounting firm appointed by the auditor general shall conduct biannual postaudits of all accounts and transactions of...

Last modified: October 10, 2016