SENATE BILL NO. 714

A bill to amend 2019 PA 149, entitled
"Lawful sports betting act,"
(MCL 432.401 to 432.419) by adding section 9a.
the people of the state of michigan enact:
Sec. 9a. (1) All advertisements for sports betting must be approved by the board.
(2) The advertisement and marketing of sports betting 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 sports betting.
(4) A sports betting operator shall not advertise sports betting in a way that is deceptive, false, or misleading, or make any deceptive, false, or misleading assertions or statements on any sports betting product, sign, or document provided.
(5) Sports betting must not be advertised or marketed to members of the public unless the person advertising sports betting has reliable evidence that not more than 30% of the audience or readership for the television program, radio program, website, or print publication, is reasonably expected to be under the age of 21.
(6) An advertisement or marketing promotion for sports betting must include a disclaimer to prevent pathologic gambling addictions and promote the toll-free compulsive gaming helpline number.
(7) Sports betting must not be marketed or advertised to minors aged younger than 21. Sponsorships by sports betting operators targeting individuals aged younger than 21 are prohibited. It is not a violation of this section if a sports betting operator, sports betting supplier, or internet sports betting 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 sports betting 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 are likely to induce, directly or indirectly, the placement of a sports betting wager or participation in sports betting. Advertisement does not include a television or internet program that discusses sports betting, including, but not limited to, the sports betting odds of a specific sports betting operator, sports betting supplier, or internet sports betting platform provider.