Ban Gambling Advertising In and Around Schools

Prohibit gambling advertising on and near school grounds, on school transportation, and in school-affiliated channels and events.

What it does: Prohibits gambling operators from placing advertising on or within a set distance of K-12 school grounds, on school transportation, in school publications and digital properties, and at school-sponsored events; bans school and youth-sports sponsorships; and prohibits ads targeted to or likely to appeal to school-age minors.

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A BILL FOR AN ACT

RELATING TO GAMBLING; PROHIBITING GAMBLING ADVERTISING ON AND NEAR SCHOOL GROUNDS,
ON SCHOOL TRANSPORTATION, AND IN SCHOOL-AFFILIATED CHANNELS AND EVENTS; PROHIBITING
SCHOOL AND YOUTH-SPORTS SPONSORSHIPS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AND
PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:

SECTION 1. SHORT TITLE.
This Act may be cited as the "Gambling Advertising School Protection Act".

SECTION 2. DEFINITIONS.
In this Act:
  (1) "Commission" means the [STATE GAMING COMMISSION] or successor agency.
  (2) "Operator" means a person licensed or otherwise authorized under [STATE LAW] to
      conduct sports wagering or online casino gaming in this State.
  (3) "Covered gambling advertising" means any communication, regardless of medium, that:
        (A) promotes sports wagering, online casino gaming, or any other form of gambling
            authorized in this State;
        (B) promotes an Operator, gambling brand, or gambling application; or
        (C) offers an inducement, bonus, or promotion related to gambling.
  (4) "School" means a public or private institution that provides instruction for one or
      more grades from pre-kindergarten through grade 12, including the real property on
      which it is located. [OPTIONAL: and an institution of higher education located in
      this State.]
  (5) "School grounds" means the buildings, facilities, and real property of a School,
      including athletic fields, parking areas, and School transportation.
  (6) "Near a School" means within [1,000] feet of the property boundary of a School,
      measured in a straight line from the nearest point of the School property.

SECTION 3. PROHIBITION ON ADVERTISING AT AND NEAR SCHOOLS.
  (a) On school grounds. An Operator shall not place, purchase, or cause to be placed
      Covered gambling advertising on School grounds or on School transportation.

  (b) Near schools. An Operator shall not place, purchase, or cause to be placed Covered
      gambling advertising, including outdoor and digital out-of-home advertising, that is
      located Near a School or is primarily visible from School grounds.

  (c) School-affiliated channels. An Operator shall not place Covered gambling advertising
      in a School publication, website, application, athletic program, newsletter, or other
      communication produced by or for a School.

  (d) School activities and events. An Operator shall not place or sponsor Covered gambling
      advertising at a School-sponsored event, including interscholastic and youth athletic
      events.

SECTION 4. PROHIBITION ON SCHOOL AND YOUTH SPONSORSHIPS.
  (a) An Operator shall not purchase naming rights or sponsorship placements involving a
      School, a School facility, a School team, or a youth athletic program.

  (b) An Operator shall not provide a School, School team, or youth athletic program with
      branded equipment, apparel, or materials that constitute Covered gambling advertising.

SECTION 5. PROHIBITION ON ADVERTISING TARGETED TO MINORS.
An Operator shall not place Covered gambling advertising that is targeted to, or designed to
be primarily appealing to, persons below the minimum legal age for gambling in this State,
including through the use of content, characters, or placements that are primarily appealing
to minors.

SECTION 6. COMPLIANCE CONTROLS.
  (a) Each Operator shall implement controls reasonably designed to prevent placement of
      Covered gambling advertising in violation of this Act, including controls applicable to
      third-party media buyers, affiliates, and programmatic advertising.

  (b) An Operator shall maintain records sufficient to demonstrate compliance, including
      placement locations and audience-targeting parameters, and shall make such records
      available to the Commission on request.

SECTION 7. ENFORCEMENT; PENALTIES; RULEMAKING.
  (a) License condition. Compliance with this Act is a condition of licensure.

  (b) Civil penalties. The Commission may impose a civil penalty of up to [$25,000] per
      violation. Each placement of prohibited Covered gambling advertising constitutes a
      separate violation.

  (c) Rulemaking. The Commission shall adopt rules to implement this Act, including rules
      defining measurement of distance, covered School-affiliated channels, and audit and
      recordkeeping requirements.

SECTION 8. SEVERABILITY.
If any provision of this Act or its application is held invalid, the invalidity does not affect
other provisions or applications of this Act that can be given effect without the invalid
provision or application.

SECTION 9. EFFECTIVE DATE.
This Act takes effect on [DATE].