News Story

Win Money at Fantasy Sports, Go to Jail

Are fantasy sports leagues illegal? The jury's still out

Thousands of Michigan residents who participate in online fantasy sports games could be breaking state laws against gambling, but the officials responsible for enforcing those laws are reluctant to clarify whether the practice is prohibited.

The issue entered the news when New York’s Attorney General Eric Schneiderman asked a court there to shut down the fantasy sports websites DraftKings and FanDuel in his state.

Besides online fantasy sites, many Michigan residents compete in workplace fantasy leagues with friends where participants compete for money prizes.

In Michigan, state Sen. Curtis Hertel Jr., D-Meridian Township, has introduced a bill to decriminalize fantasy sports. Senate Bill 459 was sent to the Senate Judiciary Committee, which is chaired by Sen. Rick Jones, R-Grand Ledge.

Jones said he told Hertel the bill won’t be considered unless the state’s Indian tribes sign off. His concern is that the tribes would stop sharing with the state a portion of their casino earnings if lawmakers allow a competitor in the form of legalized betting on fantasy sports.

The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians withheld a $7 million payment to the Michigan Economic Development Corporation in August. The tribe believes the state violated a 2007 deal when it started operating electronic pull-tabs and an online lottery, according to published reports.

Andrea Bitely, spokeswoman for the state attorney general, said the office had no comment on whether fantasy sports games and prizes are illegal here.

“Because of our mission, we cannot offer general legal advice or answer hypotheticals about legal situations, so we have no comment on fantasy sports. I will say the attorney general’s office devotes its limited resources to priorities like violent crime, consumer protection, and victims’ rights,” Bitely said in an email. “For specific legal questions, you'll have to talk with a private attorney.”

One gambling-oriented website, USPokerSites.com, wrote that Rich Kalm, the executive director of the Michigan Gaming Control Board, told the Gambling Compliance, a firm that analyzes the gambling industry, that participating in fantasy sports in Michigan for money is illegal.

But a spokeswoman for the Michigan Gaming Control Board appeared to back off from that opinion.

“When Mr. Kalm was interviewed,… he noted the Michigan criminal gambling laws would seem to prohibit ‘daily’ fantasy sports. ... The Michigan criminal gambling laws existed well before daily fantasy sports,” said the Michigan Gaming Control Board’s Mary Kay Bean in an email.

“Our agency has been studying how Michigan’s criminal gambling laws may apply to daily fantasy sports,” she continued. “Michigan criminal gambling law prohibits accepting something of value (e.g., money) in return for the promise of something of value (e.g., a cash prize) based on an uncertain outcome of a game, contest or event except when gambling is authorized and regulated. Examples of authorized and regulated gambling include the Detroit casinos, licensed horse racing tracks and licensed charitable gaming nights. Additionally, the law does not distinguish between whether a game, contest or event is primarily ‘skill’ or ‘chance.’”

Bean referred the question of legality of fantasy sports to the AG’s office.

“Enforcement of the criminal gambling laws rests with the Michigan attorney general’s office so you may wish to consult his staff about the applicability of Michigan criminal gambling law to daily fantasy sports,” Bean said.

The National Indian Gaming Association, a trade group representing tribal gambling operators, didn’t respond to an email seeking comment.

The fantasy sports industry estimates that 56.8 million people played fantasy sports in the U.S. and Canada in 2015, which would suggest around 1.6 million have played in Michigan.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

Analysis

Thanksgiving Dinner More Expensive for Michiganders Than Surrounding States

Because of higher electricity prices

Using electricity to cook a traditional Thanksgiving dinner was more expensive in Michigan this year than it was in surrounding states. Beginning in 2008, when Michigan limited competition to 10 percent of the electricity market, its electricity rates have increased and are now the highest in the region.

In 2000, under former Gov. John Engler, Michigan’s electricity market was opened up to competition. A competitive market of this type is called full “electric choice” because it allows ratepayers to choose the companies from which they purchase electricity. During the period in which Michigan had a fully competitive electricity market, its electricity prices were among the lowest, and at times were the lowest, in the region.

When it imposed the 10 percent limit in 2008, Michigan returned the state’s two huge electric utilities, Consumers Energy and Detroit Edison, to a quasi-monopolistic status. As a result, the big utilities are currently the default electricity providers for most of the state’s ratepayers. And now there is a measure in the Legislature (House Bill 4298) that competitive market advocates say would ultimately eliminate that last 10 percent.

Consumers Energy issued a news release on Nov. 20 in which it said the cost of cooking a traditional Thanksgiving dinner this year was less than what it was a year ago.

"It costs 43 cents to cook an entire Thanksgiving meal for 12 guests using a natural gas oven and stove, or $1.70 using an electric oven and stove," the company said in a news release. "That’s 4 percent less to cook with electricity than last year, and a savings of 25 percent to cook with natural gas."

The news release did not provide cost comparisons of using electricity in Michigan versus neighboring states. The fact is, it would have cost more in Michigan to cook a traditional Thanksgiving meal with electricity than in any other state in the region. But the cost differences between Michigan and the two states that have fully competitive electric choice markets, Illinois and Ohio, could be the most revealing.

The average price of electricity service to a residence in Michigan through August of this year, as reported by the U.S. Energy Information Administration, is 14.38 cents per kilowatt hour. That's 16 percent higher than the price in Illinois (12.37 cents) and 14 percent higher than the price in Ohio (12.61 cents).

That would mean that using an electric stove or oven to cook a traditional Thanksgiving meal would cost $1.70 in Michigan but only $1.46 in Ohio or $1.43 in Illinois. The cost of keeping the leftovers cool in an electric refrigerator during the days following Thanksgiving would also cost 16 percent more in Michigan than in Illinois and 14 percent more than in Ohio.

Consumers Energy and Detroit Edison were just recently granted permission to increase their electricity rates by an average of $1.25 per month for residential customers. This increase was not included in the comparisons above. If the increase had been included it would have erased the 4 percent drop that Consumers Energy mentioned in its Thanksgiving Day-themed news release.

The 25 percent drop in the cost of cooking with natural gas, also mentioned in the news release, is worth noting. The big utilities only deliver gas and are not allowed to make money on the gas supply itself. They purchase it from a market that is ruled by competition.

Meanwhile, the price of electricity, which is largely the result of the utilities’ near-monopoly on generation, has barely budged from last year. This true even though one of the major fuels used for the generation of electricity (and backing up wind energy) is natural gas.

When asked for a response, Consumers Energy provided a link to an article that focused on the falling price of natural gas.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.