SENATE BILL NO. 713

A bill to amend 2019 PA 152, entitled

"Lawful internet gaming act,"

(MCL 432.301 to 432.322) by adding section 9a.

the people of the state of michigan enact:

Sec. 9a. (1) All advertisements for internet gaming must be approved by the board.

(2) The advertisement and marketing of internet gaming must comply with all applicable municipal ordinances, state law, and this act and rules promulgated under this act.

(3) A municipality may adopt an ordinance that meets all of the following requirements:

(a) Is not unreasonably impracticable.

(b) Does not conflict with this act or with any rule promulgated under this act.

(c) Establishes reasonable restrictions on public signs related to internet gaming.

(4) An internet gaming operator shall not advertise internet gaming in a way that is deceptive, false, or misleading, or make any deceptive, false, or misleading assertions or statements on any internet gaming product, sign, or document provided.

(5) Internet gaming must not be advertised or marketed to members of the public unless the person advertising internet gaming has reliable evidence that not more than 30% of the audience or readership for the television program, radio program, internet website, or print publication, is reasonably expected to be under the age of 21.

(6) An advertisement or marketing promotion for internet gaming must include a disclaimer to prevent pathologic gambling addictions and promote the toll-free compulsive gaming helpline number.

(7) Internet gaming must not be marketed or advertised to minors aged younger than 21. Sponsorships by internet gaming operators targeting individuals aged younger than 21 are prohibited. It is not a violation of this section if an internet gaming operator, internet gaming supplier, or internet gaming platform provider is the named sponsor of any of the following:

(a) A public place, including, but not limited to, an arena or stadium.

(b) A television channel.

(8) The prohibitions under this section do not apply to an advertisement that appears on a live television program or sports broadcast due to its physical placement in the location the program or broadcast is occurring.

(9) A person that violates this section is subject to the following:

(a) For a first violation, a civil fine of not more than $1,000.00.

(b) For a second violation, a civil fine of not more than $5,000.00.

(c) For a third or subsequent violation, revocation of the person's internet gaming operator license.

(10) The attorney general may bring an action to enforce this section.

(11) As used in this section, "advertisement" means paid marketing or promotions, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, billboards, leaflets, mobile application advertisements, and sponsorships, for the purpose of inducing, or which is likely to induce, directly or indirectly, the placement of an internet wager or participation in internet gaming. Advertisement does not include a television or internet program that discusses internet gaming and refers to a specific internet gaming operator, internet gaming supplier, or internet gaming platform provider.