SENATE BILL No. 68

 

 

January 27, 2009, Introduced by Senators GILBERT and KAHN and referred to the Committee on Families and Human Services.

 

 

 

     A bill to amend 1996 IL 1, entitled

 

"Michigan gaming control and revenue act,"

 

by amending section 3 (MCL 432.203), as amended by 1997 PA 69, and

 

by adding section 9e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) Casino gaming is authorized to the extent that it

 

is conducted in accordance with this act.

 

     (2) Except as provided in subsection (5) and section 9e, this

 

act does not apply to any of the following:

 

     (a) The pari-mutuel system of wagering used or intended to be

 

used in connection with race meetings as authorized under the horse

 

racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.

 

     (b) Lottery games authorized under the McCauley-Traxler-Law-

 

Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47.

 


     (c) Bingo or millionaire parties or any other activities

 

authorized under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA

 

382, MCL 432.101 to 432.120.

 

     (d) Gambling on Native American land and land held in trust by

 

the United States for a federally recognized Indian tribe on which

 

gaming may be conducted under the Indian gaming regulatory act,

 

Public Law 100-497, 102 Stat. 2467.

 

     (e) Recreational card playing, bowling, redemption games, and

 

occasional promotional activities under sections 303a, 310a, 310b,

 

372, and 375 of the Michigan penal code, 1931 PA 328, MCL 750.303a,

 

750.310a, 750.310b, 750.372, and 750.375.

 

     (3) Any other law that is inconsistent with this act does not

 

apply to casino gaming as provided for by this act.

 

     (4) This act and rules promulgated by the board shall apply to

 

all persons who are licensed or otherwise participate in gaming

 

under this act.

 

     (5) If a federal court or agency rules that a state may, or

 

federal legislation is enacted that allows a state to, regulate

 

gambling on Native American land or land held in trust by the

 

United States for a federally recognized Indian tribe, the

 

legislature shall enact legislation creating a new act consistent

 

with this act to regulate casinos that are operated on Native

 

American land or land held in trust by the United States for a

 

federally recognized Indian tribe. The legislation shall be passed

 

by a simple majority of members elected to and serving in each

 

house.

 

     Sec. 9e. (1) Before payment of winnings of $1,000.00 or more,

 


a person licensed to operate a casino under this act shall

 

determine whether the department of treasury records show that the

 

wagerer has a current support arrearage. The department of treasury

 

shall provide each such licensee with a list or computer access to

 

a compilation of persons known to the department to have a current

 

support arrearage. The information shall be updated not less than

 

once a month. If a support arrearage is identified, the licensee

 

shall ascertain the amount owed from the department of treasury and

 

first apply the amount of the winnings to the support arrearage,

 

and the excess, if any, shall be paid to the wagerer.

 

     (2) Money applied to pay a support arrearage under subsection

 

(1) shall be paid by the licensee to the department of treasury,

 

which shall pay the money to the office of the friend of the court

 

for the appropriate judicial circuit or to the state disbursement

 

unit 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, 1982 PA 295, MCL 552.609.

 

     (3) The chairperson shall attempt to enter into an agreement

 

with each Indian tribe that conducts gambling games in this state

 

for the tribe to voluntarily withhold support arrearages from money

 

won by individuals in gambling games operated by the tribe. A

 

voluntary agreement entered into under this subsection shall

 

require the withholding and payment of money withheld to be

 

performed in essentially the same manner as required by this

 

section for licensees under this act.

 

     (4) A licensee, Indian tribe, or employee or agent of the

 

licensee or tribe that incorrectly withholds money under this

 


section is immune from liability to the wagerer or individual who

 

won the money, other than payment of the money withheld if the

 

money has not been paid to the department of treasury. This

 

subsection does not apply if the licensee, tribe, employee, or

 

agent knew that the withholding was improper or acted in a manner

 

that was grossly negligent.

 

     (5) As used in this section:

 

     (a) "Grossly negligent" means so reckless as to demonstrate a

 

substantial lack of concern for whether an injury would result.

 

     (b) "Office of the friend of the court" means an agency

 

created in section 3 of the friend of the court act, 1982 PA 294,

 

MCL 552.503.

 

     (c) "State disbursement unit" means that term as defined in

 

section 2a of the friend of the court act, 1982 PA 294, MCL

 

552.502a.

 

     (d) "Support" means that term as defined in section 2a of the

 

friend of the court act, 1982 PA 294, MCL 552.502a.