ASSEMBLY, No. 2444

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 6, 2014

 


 

Sponsored by:

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

Assemblyman  TROY SINGLETON

District 7 (Burlington)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)

 

Co-Sponsored by:

Assemblymen Mazzeo, Benson, C.A.Brown, Assemblywomen Tucker, Jimenez and Senator Whelan

 

 

 

 

SYNOPSIS

     Allows person to request voluntary exclusion from gaming activities without acknowledging being problem gambler.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning voluntary self-exclusion from certain gaming activities and amending P.L.2001, c.39 and P.L.2013, c.27.

 

     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 acknowledging in a manner to be established by the division that the person is a problem gambler and] 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.

(cf: P.L.2011, c.19, s.37)

 

     2.    Section 23 of P.L.2013, c.27 (C.5:12-95.25) is amended to read as follows:

     23.  [In order to assist those persons who may have a gambling problem, a] A casino licensee shall:

     a.    cause the words "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or some comparable language approved by the division, which language shall include the words "gambling problem" and "call 1-800 GAMBLER," to be displayed prominently at log on and log off times to any person visiting or logged onto Internet gaming; and

     b.    provide a mechanism by which a holder of a wagering account may establish the following controls on wagering activity through the wagering account:

     (1)   a limit on the amount of money deposited within a specified period of time and the length of time the holder will be unable to participate in gaming if the holder reaches the established deposit limit; and

     (2)   a temporary suspension of gaming through the account for any number of hours or days.

     The casino licensee shall not send gaming-related electronic mail to an account holder while gaming through his or her wagering account is suspended, if the suspension is for at least 72 hours.  The casino licensee shall provide a mechanism by which an account holder may change these controls, except that while gaming through the wagering account is suspended, the account holder may not change gaming controls until the suspension expires, but the holder shall continue to have access to the account and shall be permitted to withdraw funds from the account upon proper application therefor.

(cf: P.L.2013, c.27, s.23)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     Current law requires a person who wants to request placement on a list of persons self-excluded from gaming activities at all New Jersey licensed casinos and simulcasting facilities, including Internet gaming activities, or from wagering activity through a wagering account for Internet gaming in this State, to acknowledge that the person is a problem gambler.  This bill allows a person to request self-exclusion without signing a statement that the request  is “because I am a problem gambler” or “because I am a problem Internet gambler.”  A requester of voluntary exclusion may choose to be excluded for a minimum of one year, or for five years or a lifetime.  The request for removal from the list of self-excluded persons may be submitted only after the chosen self-exclusion period has expired.  If a person chooses the lifetime exclusion option, his or her name cannot be removed from the list.