HOUSE BILL No. 4763 June 8, 1999, Introduced by Reps. Garza, Stallworth, Hale and Daniels and referred to the Committee on Regulatory Reform. A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 11 (MCL 432.11), as amended by 1996 PA 167, and by adding section 24. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11. (1) The commissioner shall promulgate rules pursu- 2 ant to the administrative procedures act of 1969,Act No. 306 of3the Public Acts of 1969, being sections 24.201 to 24.328 of the4Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, as 5 necessary to implement this act. 6 (2) The rules authorized under this section may include any 7 of the following: 8 (a) The type of lottery to be conducted, subject to section 9 9(2). 03835'99 TLG 2 1 (b) The price of tickets or shares in the lottery. 2 (c) The number and size of the prizes on the winning tickets 3 or shares. 4 (d) The manner of selecting the winning tickets or shares. 5 (e) The manner of payment of prizes to the holders of win- 6 ning tickets or shares, subject to section 32. 7 (f) The frequency of the drawings or selections of winning 8 tickets or shares. 9 (g) Without limit as to number, the type or types of loca- 10 tions at which tickets or shares may be sold, subject to 11 section 23(10). 12 (h) The method to be used in selling tickets or shares, 13 except that a person's name shall not be printed on the tickets 14 or shares. 15 (i) The licensing of agents to sell tickets or shares,but16 EXCEPT THAT a person under the age of 18 shall not be licensed as 17 an agent. 18 (j)TheEXCEPT AS PROVIDED IN SECTION 24, THE manner and 19 amount of compensation to be paid licensed sales agents necessary 20 to provide for the adequate availability of tickets or shares to 21 prospective buyers and for the convenience of the public. 22 (k) The apportionment of the total annual revenues accruing 23 from the sale of lottery tickets or shares and from all other 24 sources for the payment of prizes to the holders of winning tick- 25 ets or shares, for the payment of costs incurred in the operation 26 and administration of the lottery, including the expenses of the 27 bureau and the costs resulting from any contract or contracts 03835'99 3 1 entered into for promotional, advertising, consulting or 2 operational services or for the purchase or lease of lottery 3 equipment and materials, for the repayment of the money appropri- 4 ated to the state lottery fund, and for transfer to the general 5 fund. 6 (3) The commissioner may promulgate rules incorporating by 7 reference existing rules or regulations of any joint enterprise 8 as required as a condition for participation in that joint 9 enterprise. Any subsequent changes or additions to the rules or 10 regulations of the joint enterprise may be adopted by the commis- 11 sioner through the promulgation of a rule. 12 (4) This section is repealed if the Michigan supreme court 13 rules that sections 45 and 46 of the administrative procedures 14 act of 1969,Act No. 306 of the Public Acts of 1969, being sec-15tions 24.245 and 24.246 of the Michigan Compiled Laws1969 PA 16 306, MCL 24.245 AND 24.246, are unconstitutional and a statute 17 requiring legislative review of administrative rules is not 18 enacted within 90 days after the Michigan supreme court ruling. 19 Nothing in this subsection invalidates rulesthat have been20 WERE promulgated prior tothe effective date of the amendatory21act that added this subsectionAPRIL 17, 1996. 22 SEC. 24. A PERSON LICENSED AS A LOTTERY SALES AGENT UNDER 23 THIS ACT IS ENTITLED TO A COMMISSION OF 10% OF THE PRICE OF THE 24 LOTTERY TICKETS, AS ESTABLISHED BY THE BUREAU, THAT ARE SOLD BY 25 THE LOTTERY SALES AGENT. 03835'99 Final page. TLG