SENATE BILL No. 313

March 8, 2001, Introduced by Senator JAYE and referred to the Committee on Gaming

and Casino Oversight.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 304 and 306 (MCL 750.304 and 750.306).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 304. (1) Selling pools and registering bets--Any A

2 person or his A PERSON'S agent or employe, who shall,

3 EMPLOYEE SHALL NOT directly or indirectly keep, maintain, oper-

4 ate, or occupy any A building or room or any part thereof

5 OF A BUILDING OR ROOM or any A place with AN apparatus, books,

6 or any A device for registering bets or buying or selling pools

7 upon the result of a trial or contest of skill, speed, or endur-

8 ance or upon the result of a game, competition, political nomina-

9 tion, appointment, or election or any A purported event of like

10 character or who shall register bets or buy or sell pools ,

11 or who shall be concerned in buying or selling pools or who

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1 shall knowingly permit any grounds or premises, owned, occupied,

2 or controlled by him OR HER to be used for any of the purposes

3 aforesaid, shall be DESCRIBED IN THIS SECTION.

4 (2) EXCEPT AS PROVIDED IN SUBSECTIONS (3) AND (5), A PERSON

5 WHO VIOLATES THIS SECTION IS guilty of a misdemeanor, punishable

6 by imprisonment in the county jail FOR not more than 1 year or by

7 a fine of not more than 500 dollars $500.00.

8 (3) A PERSON SHALL NOT CONDUCT OR ENGAGE IN A SPORTS BETTING

9 GAME IN WHICH A PERSON, WHO IS OVER 21 YEARS OF AGE, WAGERS

10 $10.00 OR LESS ON A SPECIFIC SPORTING EVENT. A PERSON WHO VIO-

11 LATES THIS SUBSECTION IS RESPONSIBLE FOR A CIVIL FINE OF $1.00.

12 AS USED IN THIS SUBSECTION, "SPORTS BETTING GAME" MEANS A GAME TO

13 WHICH ALL OF THE FOLLOWING CONDITIONS APPLY:

14 (A) IT IS A GAME COMPOSED OF SQUARES OF EQUAL DIMENSIONS TO

15 WHICH THE DIGITS 0 TO 9 ARE RANDOMLY ASSIGNED ABOVE THE TOP ROW

16 OF SQUARES AND TO THE LEFT OF THE FIRST COLUMN OF SQUARES, OR IT

17 IS A GAME IN WHICH A PLAYER SELECTS SUCCESSIVE WINNERS IN A

18 BRACKETED PLAYOFF HIERARCHY.

19 (B) THE OUTCOME DEPENDS UPON THE OUTCOME OF A SEASONAL

20 SPORTING EVENT, WHICH IS COMPRISED OF 1 ENTIRE GAME OR 1 ENTIRE

21 SERIES OF PLAYOFF GAMES COMPLETED BY A PROFESSIONAL OR

22 COLLEGE-SPONSORED TEAM.

23 (C) THE TOTAL POSSIBLE PAYOUT TO 1 PERSON FOR 1 SPORTING

24 EVENT IS NOT MORE THAN $1,000.00.

25 (D) A PERSON WHO CONDUCTS THE GAME RECEIVES NO COMPENSATION

26 FROM THE PAYOUT FOR CONDUCTING THE GAME.

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1 (4) A PERSON WHO IS A MEMBER OF A COLLEGE ATHLETIC TEAM OR

2 WHO IS AN EMPLOYEE OF A COLLEGE ATHLETIC TEAM SHALL NOT CONDUCT

3 OR ENGAGE IN A SPORTS BETTING GAME DESCRIBED IN SUBSECTION (3)

4 THE OUTCOME OF WHICH DEPENDS UPON THE OUTCOME OF A SEASONAL

5 SPORTING EVENT INVOLVING THE PERSON'S TEAM OR ANOTHER TEAM OF THE

6 COLLEGE AT WHICH THE PERSON IS A MEMBER OR EMPLOYEE OF A COLLEGE

7 ATHLETIC TEAM. AS USED IN THIS SUBSECTION:

8 (A) "COLLEGE" MEANS A COMMUNITY COLLEGE OR 4-YEAR COLLEGE OR

9 UNIVERSITY IN THIS STATE.

10 (B) "EMPLOYEE" MEANS A PERSON WHO IS PAID BY THE COLLEGE TO

11 COACH OR OTHERWISE ASSIST THE TEAM IN ITS ATHLETIC ENDEAVORS.

12 (C) "MEMBER" MEANS A PERSON WHO IS CARRIED ON A TEAM ROSTER

13 AT ANY TIME DURING THE PRECEDING YEAR.

14 (5) A PERSON SHALL NOT ADVERTISE A SPORTS BETTING GAME

15 DESCRIBED IN SUBSECTION (3). A PERSON WHO VIOLATES THIS SUBSEC-

16 TION IS LIABLE TO PAY A CIVIL FINE OF NOT LESS THAN $500.00 OR

17 MORE THAN $1,000.00. AS USED IN THIS SUBSECTION, "ADVERTISE"

18 MEANS ISSUING OR ORDERING THE PRINTING OR DISTRIBUTION OF A CARD,

19 SIGN, OR DEVICE OR CAUSING, PERMITTING, OR ALLOWING A SIGN OR

20 MARKING ON OR IN A BUILDING OR STRUCTURE OR PLACING MATERIAL IN A

21 NEWSPAPER OF GENERAL CIRCULATION, ON RADIO, OR ON TELEVISION.

22 Sec. 306. (1) Pool tickets, etc., declared nuisance--All

23 EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A policy or pool

24 tickets, slips or checks, memoranda TICKET, SLIP, CHECK,

25 MEMORANDUM of any combination, or other bet, manifold, or other

26 policy or A pool books or sheets, are BOOK OR SHEET IS hereby

27 declared a common nuisance. and the possession thereof A PERSON

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1 WHO POSSESSES AN ITEM DESCRIBED IN THIS SUBSECTION IS GUILTY OF a

2 misdemeanor, punishable by imprisonment in the county jail FOR

3 not more than 1 year or by a fine of not more than 500 dollars

4 $500.00.

5 (2) The EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3),

6 THE possession of any such articles AN ITEM DESCRIBED IN SUB-

7 SECTION (1), or of any other implements ANOTHER IMPLEMENT,

8 apparatus, or materials MATERIAL of any other ANOTHER form of

9 gaming , shall be IS prima facie evidence of their ITS use

10 , by the person having them IT in possession, in the form of

11 gaming in which like articles ITEMS are commonly used. And

12 such article AN ITEM found upon the person of one lawfully

13 arrested for violation of any A law relative to lotteries,

14 policy lotteries or policy, the buying or selling of pools or

15 registering of bets, or other form of gaming shall be IS compe-

16 tent evidence upon the trial of an indictment A COMPLAINT to

17 which it may be relevant.

18 (3) A PERSON WHO POSSESSES A CARD, LIST, OR OTHER ITEM

19 RELATED TO THE CONDUCTING OF A SPORTS BETTING GAME DESCRIBED IN

20 SECTION 304 IS LIABLE FOR A CIVIL FINE OF $1.00.

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