Requires those on self-exclusion lists to watch educational and counseling videos prior to removal from self-exclusion lists; permits third party requests for individuals to be excluded from gambling under certain circumstances.

A5210

ASSEMBLY, No. 5210

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 4, 2026

Sponsored by:

Assemblyman� WILLIAM F. MOEN, JR.

District 5 (Camden and Gloucester)

SYNOPSIS

���� Requires those on self-exclusion lists to watch
educational and counseling videos prior to removal from self-exclusion lists;
permits third party requests for individuals to be excluded from gambling under
certain circumstances.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning exclusion from casino gaming and
racetrack wagering, supplementing Title 5 of the Revised Statutes, and amending
P.L.2002, c.89 and 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.2002,
c.89 (C.5:5-65.1) is amended to read as follows:

���� 1.� a.� The commission shall
provide by regulation for the establishment of a list of persons who
voluntarily seek to be excluded from entry into permitted racetracks and
licensed off-track wagering facilities located in this State and from opening
or maintaining a wagering account with the account wagering system, with the
exchange wagering system, or with the fixed odds wagering system established in
this State.� A person may request placement on the self-exclusion list by
acknowledging in a manner to be established by the commission that the person
is a problem gambler and by agreeing that, during a period of voluntary
exclusion, the person may not collect winnings or recover losses resulting from
wagering at a racetrack or off-track wagering facility or from account
wagering, exchange wagering, or fixed odds wagering.

���� b.��� The commission shall
promulgate regulations to: (1) establish procedures for placements on, and
removals from, the list of self-excluded persons
, which shall include a
requirement that those seeking removal from the list of self-excluded persons
review educational and counseling videos concerning the risks associated with
gambling, coping strategies, resources available for continued support, and any
other information or content as may be appropriate, as determined by the
commission, prior to removal
; (2) establish procedures for the transmittal
to the permitted racetracks, licensed off-track wagering facilities, the
account wagering system, the exchange wagering licensee, and the fixed odds
wagering licensee of identifying information concerning persons on the
self-exclusion list; and (3) require permitted racetracks, licensed off-track
wagering facilities, the account wagering system, the exchange wagering
licensee, and the fixed odds wagering licensee to establish procedures
designed, at a minimum, to remove persons on the self-exclusion list from
targeted mailings or other forms of advertising or promotions and deny such
persons access to credit, complimentaries, check cashing privileges, club
programs, and other similar benefits.

���� c.���� The commission, a
permitted racetrack, a licensed off-track wagering facility, the account
wagering system, the exchange wagering licensee, the fixed odds wagering
licensee, or an employee thereof shall not be liable to a person on the
self-exclusion list or to another party in a judicial proceeding for harm,
monetary or otherwise, which may arise as a result of:

���� (1)�� the failure of a
permitted racetrack, licensed off-track wagering facility or the account
wagering system or the exchange wagering licensee or the fixed odds wagering
licensee to withhold wagering privileges from, or restore wagering privileges
to, a person on the self-exclusion list; or

���� (2)�� permitting a person on
the self-exclusion list to engage in wagering activity at a permitted racetrack
or licensed off-track wagering facility, or through the account wagering
system, or through the exchange wagering system, or through the fixed odds wagering
system.

���� d.��� Notwithstanding the
provisions of section 8 of P.L.1940, c.17 (C.5:5-28), the commission's
self-exclusion list shall be privileged and confidential and shall not be
accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as
amended and supplemented.

���� e.���� The commission, a
permitted racetrack, a licensed off-track wagering facility, the account
wagering system, the exchange wagering licensee, the fixed odds wagering
licensee, or an employee thereof shall not be liable to a person on the
self-exclusion list or to another party in a judicial proceeding for harm,
monetary or otherwise, which may arise as a result of disclosure or
publication, other than a willfully unlawful disclosure or publication, of the
identity of a self-excluded person.

(cf: P.L.2021, c.193, s.18)

���� 2.� (New Section)� a.�
Notwithstanding any law, rule, or regulation to the contrary, a third party
shall be permitted to petition that another person be added to a list of
persons to be excluded from entry into permitted racetracks and licensed
off-track wagering facilities located in this State and from opening or
maintaining a wagering account with the account wagering system, with the
exchange wagering system, or with the fixed odds wagering system established in
this State.� Such petition for exclusion shall demonstrate, at a minimum, the
following:

���� (1) proof of the third party�s
sole or joint financial responsibility for funds that may be used or deposited
for gambling purposes;

���� (2) proof that the third party
is jointly obligated on the persons credit or debit card;

���� (3) proof of legal dependency
of the person on the third party;

���� (4) evidence of a court order
making the third party responsible for the person�s debts; or

���� (5) evidence of a court order
requiring the person to pay unmet child support obligations.

���� The commission may request
such additional verification documentation as may be necessary to confirm the
relationship between the third party and the person to be excluded.

���� b.� During the period of
exclusion, the person may not collect winnings or recover losses resulting from
wagering at a racetrack or off-track wagering facility or from account
wagering, exchange wagering, or fixed odds wagering.

���� c.� The commission, a
permitted racetrack, a licensed off-track wagering facility, the account
wagering system, the exchange wagering licensee, the fixed odds wagering
licensee, or an employee thereof shall not be liable to a person on the
exclusion list, or to another party in a judicial proceeding for harm, monetary
or otherwise, which may arise as a result of:

���� (1)�� the failure of a
permitted racetrack, licensed off-track wagering facility or the account
wagering system or the exchange wagering licensee or the fixed odds wagering
licensee to withhold wagering privileges from, or restore wagering privileges
to, a person on the exclusion list; or

���� (2)�� permitting a person on
the exclusion list to engage in wagering activity at a permitted racetrack or
licensed off-track wagering facility, or through the account wagering system,
or through the exchange wagering system, or through the fixed odds wagering
system.

���� d.��� Notwithstanding the
provisions of section 8 of P.L.1940, c.17 (C.5:5-28), the exclusion list shall
be privileged and confidential and shall not be accessible to the public
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented.

���� e.���� The commission, a
permitted racetrack, a licensed off-track wagering facility, the account
wagering system, the exchange wagering licensee, the fixed odds wagering
licensee, or an employee thereof shall not be liable to a person on the
exclusion list or to another party in a judicial proceeding for harm, monetary
or otherwise, which may arise as a result of disclosure or publication, other
than a willfully unlawful disclosure or publication, of the identity of a
excluded person.

���� f.���� Prior to placing the
name of any person on a list pursuant to this section, the commission shall
serve notice of such fact to such person by personal service or by certified
mail at the last known address of such person.

���� g.��� Within 30 days after
service of the petition in accordance with subsection f. of this section, the
person named for exclusion may demand a hearing before the executive director
or the executive director's designee, at which hearing the third party shall have
the affirmative obligation to demonstrate by a preponderance of the evidence
that the person named for exclusion satisfies the criteria for exclusion
established pursuant to this section.� Failure to demand such a hearing within
30 days after service shall be deemed an admission of all matters and facts
alleged in the third party�s petition and shall preclude a person from having
an administrative hearing, but shall in no way affect the person�s right to
judicial review as provided herein.

���� h.��� The commission may make
a preliminary placement on the list of a person named in a petition for
exclusion pending completion of a hearing on the petition.� The hearing on the
application for preliminary placement shall be a limited proceeding at which the
third party shall have the affirmative obligation to demonstrate that there is
a reasonable possibility that the person satisfies the criteria for exclusion
established pursuant to this section.� If a person has been placed on the list
as a result of an application for preliminary placement, unless otherwise
agreed by the executive director and the named person, a hearing on the
petition for exclusion shall be initiated within 30 days after the receipt of a
third party request for such hearing or the date of preliminary placement on
the list, whichever is later.

���� i.���� If, upon completion of
the hearing on the petition for exclusion, the executive director determines
that the person named therein does not satisfy the criteria for exclusion pursuant
to this section, the executive director shall issue an order denying the
petition.� If the person named in the petition for exclusion had been placed on
the list as a result of an application for preliminary placement, the executive
director shall notify all racetracks and licensed off-track wagering facilities
located in this State of the person's removal from the list.

���� j.���� If, upon completion of
a hearing on the petition for exclusion, the executive director determines that
placement of the name of the person on the exclusion list is appropriate, the
executive director shall make and enter an order to that effect, which order
shall be served on all racetracks and licensed off-track wagering facilities
located in this State.� Such order shall be subject to review by the commission
in accordance with regulations promulgated thereunder, which final decision
shall be subject to review by the Superior Court in accordance with the rules
of court.

���� k.� The commission shall
promulgate regulations to establish procedures for placements on, and removals
from, the list of excluded persons, which shall include: (1) a requirement that
those seeking removal from the list of excluded persons review educational and
counseling videos concerning the risks associated with gambling, coping
strategies, resources available for continued support, and any other
information or content as may be appropriate, as determined by the commission,
prior to removal; (2) establish procedures for the transmittal to the permitted
racetracks, licensed off-track wagering facilities, the account wagering
system, the exchange wagering licensee, and the fixed odds wagering licensee of
identifying information concerning persons on the exclusion list; and (3) require
permitted racetracks, licensed off-track wagering facilities, the account
wagering system, the exchange wagering licensee, and the fixed odds wagering
licensee to establish procedures designed, at a minimum, to remove persons on
the exclusion list from targeted mailings or other forms of advertising or
promotions and deny such persons access to credit, complimentaries, check
cashing privileges, club programs, and other similar benefits.

���� l.� The commission shall, in
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the
provisions of this section.

���� 3.� 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
, which shall include a requirement that those
seeking removal from the list of self-excluded persons review educational and
counseling videos concerning the risks associated with gambling, coping
strategies, resources available for continued support, and any other
information or content as may be appropriate, as determined by the division,
prior to removal
. 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.2014, c.20, s.1)

���� 4.� (New Section)� a.�
Notwithstanding any law, rule, or regulation to the contrary, a third party
shall be permitted to petition that another person be added to the list of
persons to be excluded from all gaming activities and be ejected from any
licensed casino establishment and simulcasting facility.� Such petition for
exclusion shall demonstrate, at a minimum, the following:

���� (1) proof of the third party�s
sole or joint financial responsibility for funds that may be used or deposited
for gambling purposes;

���� (2) proof that the third party
is jointly obligated on the persons credit or debit card;

���� (3) proof of legal dependency
of the person on the third party;

���� (4) evidence of a court order
making the third party responsible for the person�s debts; or

���� (5) evidence of a court order
requiring the person to pay unmet child support obligations.

���� The division may request such
additional verification documentation as may be necessary to confirm the
relationship between the third party and the person to be excluded.

���� b.� During a period of
exclusion, the person may not collect any winnings or recover any losses
resulting from any gaming activity at such casinos and facilities.

���� c.� A licensed casino or
simulcasting facility or employee thereof shall not be liable to any 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, an excluded person; or

���� (2)�� otherwise permitting an excluded
person to engage in gaming activity in such licensed casino or simulcasting facility
while on the list of 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 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 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 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 excluded person.

���� f.� Prior to placing the name
of any person on a list pursuant to this section, the division shall serve
notice of such fact to such person by personal service or by certified mail at
the last known address of such person.

���� g.� Within 30 days after
service of the petition in accordance with subsection f. of this section, the
person named for exclusion may demand a hearing before the director or the
director's designee, at which hearing the third party shall have the
affirmative obligation to demonstrate by a preponderance of the evidence that
the person named for exclusion satisfies the criteria for exclusion established
pursuant to regulations established pursuant to this section.� Failure to
demand such a hearing within 30 days after service shall be deemed an admission
of all matters and facts alleged in the third party�s petition and shall
preclude a person from having an administrative hearing, but shall in no way
affect the person�s right to judicial review as provided herein.

���� h.� The division may make a
preliminary placement on the list of a person named in a petition for exclusion
pending completion of a hearing on the petition.� The hearing on the
application for preliminary placement shall be a limited proceeding at which
the third party shall have the affirmative obligation to demonstrate that there
is a reasonable possibility that the person satisfies the criteria for
exclusion established pursuant to this section.� If a person has been placed on
the list as a result of an application for preliminary placement, unless
otherwise agreed by the director and the named person, a hearing on the
petition for exclusion shall be initiated within 30 days after the receipt of a
third party request for such hearing or the date of preliminary placement on
the list, whichever is later.

���� i.� If, upon completion of the
hearing on the petition for exclusion, the director determines that the person
named therein does not satisfy the criteria for exclusion pursuant to
regulations established pursuant to this section, the director shall issue an
order denying the petition.� If the person named in the petition for exclusion
had been placed on the list as a result of an application for preliminary
placement, the director shall notify all licensed casino establishments and
simulcasting facilities of the person's removal from the list.

���� j.� If, upon completion of a
hearing on the petition for exclusion, the director determines that placement
of the name of the person on the exclusion list is appropriate, the director
shall make and enter an order to that effect, which order shall be served on
all licensed casino establishments and simulcasting facilities.� Such order
shall be subject to review by the Casino Control Commission in accordance with
regulations promulgated thereunder, which final decision shall be subject to
review by the Superior Court in accordance with the rules of court.

���� k.� The division shall
promulgate regulations to establish procedures for placements on, and removal
from, the list of excluded persons pursuant to this section, which shall: (1) include
a requirement that those seeking removal from the list of excluded persons
review educational and counseling videos concerning the risks associated with
gambling, coping strategies, resources available for continued support, and any
other information or content as may be appropriate, as determined by the
division, prior to removal; (2) establish procedures for the transmittal to
licensed casinos and simulcasting facilities of identifying information
concerning excluded persons; and (3) require licensed casinos and simulcasting
facilities to establish procedures designed, at a minimum, to remove excluded
persons from targeted mailings or other forms of advertising or promotions and
deny excluded persons access to credit, complimentaries, check cashing
privileges club programs, and other similar benefits.

���� l.� The division shall, in
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the
provisions of this section.

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

STATEMENT

���� This bill requires the New
Jersey Racing Commission and the Division of Gaming Enforcement to issue
regulations to require that individuals seeking removal from the list of
self-excluded persons review educational and counseling videos concerning the
risks associated with gambling, coping strategies, resources available for
continued support, and any other information or content as may be appropriate,
as determined by the commission or division, prior to removal from the
self-exclusion list.

���� The bill also permits third
parties to request that another person be added to a list of persons who are to
be excluded or ejected from any licensed gambling establishment by providing
documentation to the commission or the division, as applicable, which
demonstrates, at a minimum, the following:

���� (1) proof of the third party�s
sole or joint financial responsibility for funds that may be used or deposited
for gambling purposes;

���� (2) proof that the third party
is jointly obligated on the persons credit or debit card;

���� (3) proof of legal dependency
of the person on the third party;

���� (4) evidence of a court order
making the third party responsible for the person�s debts; or

���� (5) evidence of a court order
requiring the person to pay unmet child support obligations.

���� The division or commission may
request such additional verification documentation as may be necessary to
confirm the relationship between the third party and the person to be
excluded.�

���� Under the bill, when a third
party seeks to have a person added to the exclusion list, there must be a
process in which notice to the person being sought to be excluded, as well as
an opportunity for that person to appear before a hearing on the matter, must
be provided.� If, upon completion of a hearing on the petition for exclusion,
it is determined that placement of the name of the person on the exclusion list
is appropriate, an order to that effect must be made, which will be served on
all licensed casino establishments and simulcasting facilities or racetracks
and licensed off-track wagering facilities and will be subject to review by the
Superior Court.

���� The bill also requires the
division and commission to promulgate regulations to establish procedures for
removal from the list of excluded persons, which must:

���� (1) include a requirement that
those seeking removal from the list of excluded persons review educational and
counseling videos concerning the risks associated with gambling, coping
strategies, resources available for continued support, and any other information
or content as may be appropriate, as determined by the division, prior to
removal;

���� (2) establish procedures for
the transmittal of identifying information concerning excluded persons; and

���� (3) require the establishment
of procedures designed, at a minimum, to remove excluded persons from targeted
mailings or other forms of advertising or promotions and deny excluded persons
access to credit, complimentaries, check cashing privileges club programs, and
other similar benefits.