Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,
higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently
expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of
time saved or lost, etc., unless those issues result in a measurable impact on expenditures.
10. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings
for the agency promulgating the rule).
The Board submitted a request for ongoing appropriation for $500,000 starting in fiscal year 2021. The Board
received appropriations of $500,000 for fiscal year 2021 and $498,400 for fiscal year 2022. The Legislature approved
an additional one-time appropriation of $225,000 for fiscal year 2021. These appropriations will cover the general
administration of the Fantasy Contests Consumer Protection Act, MCL 432.501 to 432.516. The Board will need to
hire and/or allocate staff to properly license fantasy contest operators and management companies that require
licensure under the act and proposed rules. This includes hiring and/or allocating departmental technicians, financial
analysts, and regulation officers to process applications including review for suitability. The Board will also hire
and/or allocate auditors, analysts, regulation officers, and specialists to interpret and enforce the law, administrative
rules, and procedures and internal controls. With the addition of staff, the Board will incur additional costs related to
telecommunications, travel, office supplies, building occupancy, SWCAP, Civil Service annual assessment, and other
administrative fees. The appropriations also include support for IT applications required for the new program,
additional user license fees and renewals, document storage, and IT equipment. Additionally, the Board may need to
contract with a consultant for assistance with more complex investigations related to suitability of applicants, sale of
ownership, international conversion/translation, or any other potential situation that could require additional
The Fantasy Contests Consumer Protection Act imposes taxes on fantasy contest adjusted revenues and requires a
license fee to be paid by an applicant for a fantasy contest operator license. MCL 432.514, MCL 432.503(9). Tax
revenue generated by fantasy contests for 2020 exceeded $1.4 million. Through August 2021, tax revenue generated
by fantasy contests is nearly $1 million.
11. Describe whether or not an agency appropriation has been made or a funding source provided for any
expenditures associated with the proposed rules.
Section 16(1) of the Fantasy Contests Consumer Protection Act creates the fantasy contest fund in the state treasury.
MCL 432.516(1). Taxes provided for in the act are to be deposited into the fund. MCL 432.514(3). Upon
appropriation, the Board can expend money from the fund to cover the costs of regulating and enforcing the act.
MCL 432.516(3)(a). The Board has made a request for ongoing appropriation from the fantasy contest fund for
$500,000 starting in fiscal year 2021. The Legislature approved appropriations of $500,000 for fiscal year 2021 and
$498,400 for fiscal year 2022. An additional one-time appropriation of $225,000 was made in fiscal year 2021.
12. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to the
burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or duplicative
The proposed rules are necessary to create a regulatory structure for lawful fantasy contests. Industry best practices
and stakeholder feedback were referenced in developing the proposed rules, including: the procedures and internal
controls; fantasy contest player account requirements; requirements for the conduct of fantasy contests; and
independent audit requirements. To the extent licensing is provided for under other Michigan laws such as the
Michigan Gaming Control and Revenue Act, MCL 432.201 to MCL 432.226, the Lawful Internet Gaming Act, MCL
432.301 to MCL 432.322, and the Lawful Sports Betting Act, MCL 432.401 to MCL 432.419, the proposed rules
allow for the waiver of certain requirements to lessen the burden on applicants and licensees. Overall, the Board
believes any burden placed on applicants, fantasy contest operators, and licensed management companies is
necessary to protect the public interest in a secure, responsible, fair, and legal system of fantasy contests, and is
generally consistent with the burden that exists in other regulated jurisdictions that share the same objectives.
A. Despite the identified burden(s), identify how the requirements in the rules are still needed and reasonable
compared to the burdens.
Any burden on an applicant, fantasy contest operator, or licensee is necessary to regulate fantasy contests.