Bill Text: MI HB4077 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Gaming; lottery; private management operation; allow. Amends sec. 18 of 1972 PA 239 (MCL 432.18).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-01-28 - Printed Bill Filed 01/28/2015 [HB4077 Detail]

Download: Michigan-2015-HB4077-Introduced.html

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HOUSE BILL No. 4077

 

January 27, 2015, Introduced by Rep. Poleski and referred to the Committee on Commerce and Trade.

 

     A bill to amend 1972 PA 239, entitled

 

"McCauley-Traxler-Law-Bowman-McNeely lottery act,"

 

by amending section 18 (MCL 432.18), as amended by 2012 PA 293.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 18. (1) The commissioner, subject to the applicable laws

 

relating to public contracts, may enter into contracts for the

 

operation of the lottery, or any part of the lottery, including

 

lottery management services, and into contracts for the promotion

 

of the lottery. A contract awarded or entered into by the

 

commissioner shall not be assigned by the other contracting party

 

except by specific approval of the commissioner.

 

     (2) The commissioner may contract with 1 or more persons to

 

allow the placement of advertising or promotional material,

 

including, but not limited to, the placement of discount coupons

 

for retail goods and NASCAR logos, images, and drivers' pictures

 

and names, on lottery tickets, shares, and other available media

 

under the control of the bureau. However, except for advertising

 

that promotes responsible consumption of alcoholic beverages, the

 

commissioner shall not allow the placement of advertising for the

 

promotion of the consumption of alcoholic beverages or tobacco

 

products on lottery tickets under the control of the bureau under

 

this subsection.

 

     (3) The commissioner may contract with 1 or more persons to

 

allow the placement of advertising or promotional material on

 

available media related to the bureau's club keno game or to

 

sponsor individual draws in the club keno game. If the commissioner

 

enters into a contract under this subsection, the commissioner

 

shall allow at least 1 minute between games of club keno during

 

which 1 or more advertisements may be exhibited.

 

     (4) A The commissioner shall not enter into a contract entered

 

into under subsection (3) shall provide unless the contract

 

requires that any advertisements exhibited between club keno games

 

shall comply with content regulations for televised broadcasts

 

adopted by the federal communications commission, with the

 

exception that the advertising under subsection (3) may include

 

advertisements for alcoholic beverages with only any restrictions

 

imposed by the commissioner, or the administrative commissioners of

 

the liquor control commission acting under the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, and

 

rules promulgated under the code.

 

     (5) If a contract under subsection (3) will involve

 

advertisements for alcoholic beverages, 10 days or more before

 

entering into the contract the bureau shall provide the

 

administrative commissioners of the liquor control commission, as

 

described in section 209 of the Michigan liquor control code of

 

1998, 1998 PA 58, MCL 436.1209, with all available information

 

about the proposed contract, the contracting party, and the

 

proposed advertisements. Within 10 days after the information is

 

provided by the bureau, the administrative commissioners shall

 

advise the bureau of any objections or any proposed conditions to

 

be placed on the contract or advertising. Objections and proposed

 

conditions under this subsection shall must relate only to matters

 

under the jurisdiction of the liquor control commission. The

 

commissioner shall comply with all objections and require the

 

contractor to comply with any proposed conditions under this

 

subsection. The failure of the administrative commissioners to

 

respond to information under this subsection constitutes a waiver

 

of any objections or proposed conditions.

 

     (6) In considering a proposed contract and advertising under

 

subsection (5), if the proposed contractor is a licensee under the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to

 

436.2303, the administrative commissioners shall, among other

 

relevant factors, consider whether the licensee has a history of

 

violations of the code or rules promulgated under the code.

 

     (7) The commissioner shall solicit bids from responsible

 

persons for lottery management services contracts under subsection

 

(1) or advertising or promotional contracts under subsection (3).

 

The commissioner shall select from among the bids received so as to

 

produce the maximum amount of net revenues for this state consonant

 

with the general welfare of the citizens of this state. In deciding

 

whether to enter into a contract under subsection (3), the

 

commissioner shall consider whether the terms of the contract are

 

comparable to the terms of similar advertising or promotional

 

contracts relating to lottery or other gaming in other states.

 

     (8) Money from an advertising contract under subsection (3)

 

shall must be deposited in the club keno advertising fund created

 

in section 45.

 

     (9) As used in this section, "NASCAR" means the national

 

association for stock car auto racing, inc.National Association for

 

Stock Car Auto Racing, Inc.