Requires Division of Gaming Enforcement to arrange study and implement certain language requirements in gambling advertisements; restricts advertisements and promotions in certain locations.

A1542

ASSEMBLY, No. 1542

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblywoman Donlon

SYNOPSIS

���� Requires Division of Gaming Enforcement to arrange
study and implement certain language requirements in gambling advertisements;
restricts advertisements and promotions in certain locations.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning gambling advertisements, supplementing
P.L.1977, c.110, and amending P.L.1977, c.110 and P.L.2018, c.33.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� The Division of
Gaming Enforcement in the Department of Law and Public Safety shall arrange for
the conduct of a study to determine the effectiveness of various words and
phrases to be used in advertisements for casino games and sports pools, in addition
to the language required pursuant to section 70 of P.L.1977, c.110 (C.5:12-70)
and section 4 of P.L.2018, c.33 (C.5:12A-13), to deter illegal or irresponsible
gambling, challenge perceptions of gambling, and to encourage the use of
responsible gambling tools.�

���� b.��� At a minimum, the study
shall evaluate whether:

���� (1)� certain words or phrases
resonate with members of the public;

���� (2)� certain words or phrases
are more likely to cause persons engaged in gambling activities to bet
responsibly;

���� (3)� the placement of words
and phrases in different locations on an advertisement may better draw the
attention of viewers;

���� (4)� the size of the font and
any distinguishing features of the text, such as bold or underline, may
emphasize the message for members of the public;

���� (5)� the use of different
messages would be more effective in reaching problem gamblers, persons on the
list of self-excluded persons established pursuant to section 1 of P.L.2001,
c.39 (C.5:12-71.2), and persons under the legal age to gamble in this State;
and

���� (6)� the repeated use of the
same words and phrases diminishes their effectiveness.

���� c.��� The study shall be
completed within 12 months of the effective date of P.L.��� , c.��� (pending
before the Legislature as this bill) and the division shall publish a copy of
its findings on its Internet website.

���� d.��� Following completion and
review of the study, the division shall develop not less than three, but not
more than 10 key words or phrases that shall be used in advertisements for
casino games and sports pools in this State, or take such other action as otherwise
informed by and determined as a result and following review of the study, and
may review and revise these key words or phrases at such intervals as the
division deems necessary to enhance the effectiveness the messaging.� The
division shall adopt regulations, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in accordance
with section 70 of P.L.1977, c.110 (C.5:12-70) and section 4 of P.L.2018, c.33
(C.5:12A-13), that require at least one of such words or phrases to be included
in advertisements for casino games and sports pools at a frequency that optimizes
their effectiveness.�

���� 2.��� Section 70 of P.L.1977,
c.110 (C.5:12-70) is amended to read as follows:

���� 70.� Required Regulations. a.
The division shall, without limitation include the following specific
provisions in its regulations in accordance with the provisions of this act:

���� (1)� Prescribing the methods
and forms of application and registration which any applicant or registrant
shall follow and complete;

���� (2)� Prescribing the methods,
procedures and form for delivery of information concerning any person's family,
habits, character, associates, criminal record, business activities and
financial affairs;

���� (3)� Prescribing such
procedures for the fingerprinting of an applicant, employee of a licensee, or
registrant, and methods of identification which may be necessary to accomplish
effective enforcement of restrictions on access to the casino floor, the
simulcasting facility, and other restricted areas of the casino hotel complex;

���� (4)� Prescribing the method of
notice to an applicant, registrant or licensee concerning the release of any
information or data provided to the commission or division by such applicant,
registrant or licensee;

���� (5)� Prescribing the manner
and procedure of all hearings conducted by the division or any hearing
examiner, including special rules of evidence applicable thereto and notices
thereof;

���� (6)� Prescribing the manner
and method of collection of payments of taxes, fees, and penalties;

���� (7)� Defining and limiting the
areas of operation, the rules of authorized games, including games played upon
and wagered through the Internet, odds, and devices permitted, and the method
of operation of such games and devices;

���� (8)� Regulating the practice
and procedures for negotiable transactions involving patrons, including
limitations on the circumstances and amounts of such transactions, and the
establishment of forms and procedures for negotiable instrument transactions,
redemptions, and consolidations;

���� (9)� Prescribing grounds and
procedures for the revocation or suspension of operating certificates, licenses
and registrations;

���� (10)� Governing the
manufacture, distribution, sale, deployment, and servicing of gaming devices
and equipment;

���� (11)� Prescribing for gaming
operations the procedures, forms and methods of management controls, including
employee and supervisory tables of organization and responsibility, and minimum
security and surveillance standards, including security personnel structure,
alarm and other electrical or visual security measures; provided, however, that
the division shall grant an applicant for a casino license or a casino licensee
broad discretion concerning the organization and responsibilities of management
personnel who are not directly involved in the supervision of gaming or
simulcast wagering operations;

���� (12)� Prescribing the
qualifications of, and the conditions pursuant to which, engineers,
accountants, and others shall be permitted to practice before the division or
to submit materials on behalf of any applicant or licensee; provided, however,
that no member of the Legislature, nor any firm with which said member is
associated, shall be permitted to appear or practice or act in any capacity
whatsoever before the commission or division regarding any matter whatsoever,
nor shall any member of the family of the Governor or of a member of the
Legislature be permitted to so practice or appear in any capacity whatsoever
before the commission or division regarding any matter whatsoever;

���� (13)� Prescribing minimum
procedures for the exercise of effective control over the internal fiscal
affairs of a licensee, including provisions for the safeguarding of assets and
revenues, the recording of cash and evidence of indebtedness, and the maintenance
of reliable records, accounts, and reports of transactions, operations and
events, including reports to the division;

���� (14)� Providing for a minimum
uniform standard of accountancy methods, procedures and forms; a uniform code
of accounts and accounting classifications; and such other standard operating
procedures, including those controls listed in subsection a. of section 99 of
P.L.1977, c.110 (C.5:12-99), as may be necessary to assure consistency,
comparability, and effective disclosure of all financial information, including
calculations of percentages of profit by games, tables, gaming devices and slot
machines;

���� (15)� Requiring quarterly
financial reports and the form thereof, and an annual audit prepared by a
certified public accountant licensed to do business in this State, attesting to
the financial condition of a licensee and disclosing whether the accounts,
records and control procedures examined are maintained by the licensee as
required by this act and the regulations promulgated hereunder;

���� (16)�
(a)
�Governing
the gaming-related advertising of casino licensees, their employees and agents,

and contracted operators, including, but not limited to, online gaming
operators and online sports wagering operators,
with the view toward
assuring that such advertisements are in no way deceptive; provided, however,
that such regulations
[
shall
require the words "Bet with your head, not over it," or some
comparable language approved by the division, to appear on all billboards,
signs, and other on-site advertising of a casino operation and
]
shall require
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,"
and shall additionally require at least
one of the words or phrases found to be appropriate by the division pursuant to
section 1 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill),
to appear legibly on all print, billboard, and sign advertising
of a casino operation
and to be clearly communicated in all gaming
advertising on radio, television, Internet, and other media;

����
(b)� Ensuring that such
advertising and promotions are prevented, to the extent practicable, from being
placed in or near locations, such as schools or college campuses, or on media
which would predominantly target underage or other prohibited persons, including
those on the list of self-excluded persons established pursuant to section 1 of
P.L.2001, c.39 (C.5:12-71.2)
; and

���� (17)� (Deleted by amendment,
P.L.1991, c.182).

���� (18)� Concerning the
distribution and consumption of alcoholic beverages on the premises of the
licensee, which regulations shall be insofar as possible consistent with Title
33 of the Revised Statutes, and shall deviate only insofar as necessary because
of the unique character of the hotel casino premises and operations;

���� (19) (Deleted by amendment,
P.L.1991, c.182).

���� b.��� The commission shall, in
its regulations, prescribe the manner and procedure of all hearings conducted
by the commission, including special rules of evidence applicable thereto and
notices thereof.

(cf: P.L. 2013, c.27, s.7)

���� 3.��� Section 4 of P.L.2018,
c.33 (C.5:12A-13) is amended to read as follows:

���� 4.� a.� Except as otherwise
provided by this act, the division shall have the authority to regulate sports
pools, online sports pools, and the conduct of sports wagering under this act
to the same extent that the division regulates casino games.� No casino or
racetrack shall be authorized to operate a sports pool or online sports pool
unless it has produced, to the satisfaction of the agency issuing the sports
wagering license, information, documentation, and assurances concerning its
financial background and resources, including cash reserves, that are
sufficient to demonstrate that it has the financial stability, integrity, and
responsibility to operate a sports pool or online sports pool.� In developing
rules and regulations applicable to sports wagering, the division may examine
the regulations implemented in other states where sports wagering is conducted
and may, as far as practicable, adopt a similar regulatory framework.� The
division, in consultation with the commission, shall promulgate regulations
necessary to carry out the provisions of this act, including, but not limited
to, regulations governing the:

���� (1)� amount of cash reserves
to be maintained by operators to cover winning wagers;

���� (2)� acceptance of wagers on a
series of sports events;

���� (3)� maximum wagers which may
be accepted by an operator from any one patron on any one sports event;

���� (4)� type of wagering tickets
which may be used;

���� (5)� method of issuing
tickets;

���� (6)� method of accounting to
be used by operators;

���� (7)� types of records which
shall be kept;

���� (8)� use of credit and checks
by patrons;

���� (9)� type of system for
wagering;

���� (10)� protections for a person
placing a wager; and

���� (11)� display of 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,"
as well as at least one of the words or phrases found
to be appropriate by the division pursuant to P.L.��� , c.��� (pending before
the Legislature as this bill),
in all print, billboard, sign, online, or
broadcast advertisements of a sports pool and online sports pool and in every
sports wagering lounge.

���� b.��� Notwithstanding any
other provision of P.L.2018, c.33 (C.5:12A-10 et al.) or of the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
to the contrary, during the 90-day period following the effective date of this
act, the division and the racing commission may, after notice provided in
accordance with this subsection, summarily adopt, amend, or repeal any order,
rule, or regulation for a period not to exceed 270 days for the purpose of
ensuring the expeditious and effective implementation of sports wagering at
casinos or racetracks in accordance with this act.� Any summary rulemaking
authorized by this subsection shall be subject to such terms and conditions as
the division and the racing commission may deem appropriate.� Such rules shall
be effective when published by the division and the racing commission on their
respective websites and shall allow for the immediate application of any
racetrack licensed by the racing commission, or casino licensed by the
division, to the respective agency by which they are licensed or permitted, for
a transactional waiver to immediately commence sports wagering.� Upon the
filing of such application, these rules shall further provide that, upon a
showing therein that the applicant is licensed or permitted by the appropriate
agency, a sports wagering license shall immediately be issued to the respective
applicant allowing for its immediate commencement of sports wagering subject to
the condition that it conform to the entity and individual or other licensing,
facility and any other requirements set forth in the respective rules of each
within 270 days. In the event such rules are not complied with within such time
period, the non-complying racetrack or casino will not thereafter be eligible
to conduct sports wagering until such compliance is achieved. Notice of any
emergency rulemaking action taken by the division or the racing commission
pursuant to this subsection shall be published in the New Jersey Register, and
provided to the newspapers designated by the division and racing commission
pursuant to subsection d. of section 3 of P.L.1975, c.231 (C.10:4-8), not later
than 30 days subsequent to the implementation of the emergency rules. The text
of any emergency rule adopted by the division and the racing commission
pursuant to this section shall be available in each racetrack, casino, sports
wagering lounge, and simulcasting facility implementing the provisions of
emergency rulemaking.

���� c.��� Any person employed on
the effective date of this act, P.L.2018, c.33 (C.5:12A-10 et al.), by a
permitholder in the admissions department or parimutuel clerk department of a
racetrack operated by the permitholder shall be given a one-time right of first
refusal offer of employment at the sports pool, including an online sports
pool, that opens at that racetrack, for the then available positions of similar
employment in that sports pool, or with any vendor contracting with the
licensee to operate the sports pool.

(cf: P.L.2018, c.33, s.4)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires the
Division of Gaming Enforcement in the Department of Law and Public Safety to
arrange for the conduct of a study of the effectiveness of using various words
and phrases in advertisements for casino games and sports pools to deter
illegal or irresponsible gambling, challenge perceptions of gambling, and to
encourage the use of responsible gambling tools.� The study will evaluate
whether:

���� (1)� certain words of phrases
resonate with members of the public;

���� (2)� certain words or phrases
are more likely to cause persons engaged in gambling activities to bet
responsibly;

���� (3)� the placement of words
and phrases in different locations on an advertisement may better draw the
attention of viewers;

���� (4)� the size of the font and
any distinguishing features of the text, such as bold or underline, may
emphasize the message for members of the public;

���� (5)� the use of different
messages would be more effective in reaching problem gamblers, persons on the
list of self-excluded persons established pursuant to section 1 of P.L.2001,
c.39 (C.5:12-71.2), and persons under the legal age to gamble in this State;
and

���� (6)� the repeated use of the
same words and phrases diminishes their effectiveness.

���� The bill requires the study to
be completed within 12 months and for the division to publish a copy of the
study on its Internet website.� The division will then review and use this
study as the basis for developing not less than three, but not more than 10 key
words or phrases to be included in advertisements for casino games and sports
pools, in addition to language already required such as "If you or someone
you know has a gambling problem and wants help, call 1-800 GAMBLER."�
These words and phrases will also be required to be used in advertisements at a
frequency which optimizes their effectiveness.� The division may modify these
words or phrases from time to time, as necessary to maintain their
effectiveness.

���� The bill also authorizes the
division to adopt rules and regulations to prevent advertising and promotions,
to the extent practicable, from being placed in or near locations, such as
schools or college campuses, or on media which would predominantly target
underage or other prohibited persons, including those on the list of
self-excluded persons.