Sponsored by:
Assemblyman DONALD A. GUARDIAN
District 2 (Atlantic)
Assemblywoman CLAIRE S. SWIFT
District 2 (Atlantic)
SYNOPSIS
Authorizes Division of Gaming Enforcement to participate in national self-exclusion list for gaming activities, and to create necessary forms for participation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a national self-exclusion list for gaming activities and amending P.L.2001, c.39.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2001, c.39 (C.5:12-71.2) is amended to read as follows:
1. a. The division shall provide by regulation for the establishment of a list of persons self-excluded from gaming activities at all licensed casinos and simulcasting facilities. Any person may request placement on the list of self-excluded persons by agreeing that, during any period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any gaming activity at such casinos and facilities.
b. The regulations of the division shall establish procedures for placements on, and removals from, the list of self-excluded persons. Such regulations shall establish procedures for the transmittal to licensed casinos and simulcasting facilities of identifying information concerning self-excluded persons, and shall require licensed casinos and simulcasting facilities to establish procedures designed, at a minimum, to remove self-excluded persons from targeted mailings or other forms of advertising or promotions and deny self-excluded persons access to credit, complimentaries, check cashing privileges club programs, and other similar benefits.
c. A licensed casino or simulcasting facility or employee thereof shall not be liable to any self-excluded person or to any other party in any judicial proceeding for any harm, monetary or otherwise, which may arise as a result of:
(1) the failure of a licensed casino or simulcasting facility to withhold gaming privileges from, or restore gaming privileges to, a self-excluded person; or
(2) otherwise permitting a self-excluded person to engage in gaming activity in such licensed casino or simulcasting facility while on the list of self-excluded persons.
d. Notwithstanding the provisions of P.L.1977, c.110 (C.5:12-1 et seq.) or any other law to the contrary, the division's list of self-excluded persons shall not be open to public inspection. Nothing herein, however, shall be construed to prohibit a casino licensee from disclosing the identity of persons self-excluded pursuant to this section to affiliated gaming entities in this State or other jurisdictions for the limited purpose of assisting in the proper administration of responsible gaming programs operated by such gaming affiliated entities.
e. A licensed casino or simulcasting facility or employee thereof shall not be liable to any self-excluded person or to any other party in any judicial proceeding for any harm, monetary or otherwise, which may arise as a result of disclosure or publication in any manner, other than a willfully unlawful disclosure or publication, of the identity of any self-excluded person.
f. (1) The division, at the discretion of the director, may join a multi-state or national self-exclusion program substantially similar to that established pursuant to this section and operated for the purposes of ensuring responsible gaming services, or enter into an agreement with another state or states for the sharing and mutual enforcement of each states respective self-exclusion list.
(2) The division shall establish by regulation the rules, procedures, and forms necessary for implementation and enforcement of any such program or agreement which shall include, at a minimum, the option for a self-excluded person to select which states or programs the division is authorized to share their name and information with and allow that person to request to join multiple self-exclusion lists in multiple states through the use of a single form.
(3) Nothing in this subsection shall be construed to permit the division to disclose the name or information of a person on the self-exclusion list without their express authorization.
(cf: P.L.2014, c.20, s.1)
2. This act shall take effect immediately.
STATEMENT
Under current law, the Division of Gaming Enforcement is responsible for the establishment of a self-exclusion program in this State, which allows individuals to request that they not be permitted to enter casinos or otherwise participate in gambling in this State. Many states operate similar programs, which only apply within the boundaries of each state. As a result, a person who wishes to self-exclude from gambling in multiple states, which they may live near or visit frequently, must do so in each individual state.
This bill would authorize the division to join multi-state or national self-exclusion programs that would allow individuals to request to join multiple self-exclusion lists, in multiple states, through one form at one time. The bill would also allow the division to enter into an agreement with other states for the mutual enforcement of their self-exclusion lists.
The bill directs the division to establish the necessary rules, procedures, and forms for the implementation of such programs or agreements. The division would be required to allow an individual requesting self-exclusion to select the jurisdictions from which they wish to be excluded. The division would be prohibited from sharing the individuals information with any jurisdiction not explicitly authorized by the person.