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S3461
SENATE, No. 3461
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 9, 2026
Sponsored by:
Senator� PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
���� Establishes certain requirements for online gaming
and online sports wagering accounts; prohibits use of credit card payments to
engage in online casino games or online sports wagering.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning certain requirements for online
gaming and online sports wagering accounts, prohibiting the use of credit cards
for online casino games, and online sports wagering, amending P.L.1977, c.110,
and amending and supplementing P.L.2013, c.27 and P.L.2018, c.33.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� 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
, and
prohibiting casino licensees from accepting credit cards as a form of payment
for games played upon and wagered through the Internet
;
���� (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) �Governing the
gaming-related advertising of casino licensees, their employees and agents,
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," to
appear legibly on all print, billboard, and sign advertising of a casino
operation; 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)
���� 2.��� 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
, including a prohibition of the use of credit cards by patrons to
make deposits to online sports wagering accounts or to participate in online
sports pools
;
���� (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," 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)
���� 3.� (New section)� a.� The
Division of Gaming Enforcement shall ensure that casino licensees, Internet
gaming permit holders, and their contracted operators adhere to minimum Know
Your Customer standards and practices.� The standards and practices shall, at a
minimum, meet the criteria established pursuant to this section.
���� b.� Prior to engaging in Internet
or mobile gaming, a patron shall establish an Internet or mobile gaming
account.� In order to establish an Internet or mobile gaming account, a casino
licensee shall:
���� (1) �Create an electronic
patron file, which shall include, at a minimum, the following information
concerning the patron:
���� (a) �verified legal name;
���� (b) �verified date of birth;
���� (c) �verified entire or last
four digits of the patron's Social Security number, if voluntarily provided, or
equivalent for a foreign patron, such as a passport or taxpayer identification
number;
���� (d) �Internet or mobile
account number;
���� (e) �verified residential
address which shall not be a post office box;
���� (f) �reported electronic mail
address;
���� (g) �reported telephone
number;
���� (h) �any other information
collected from the patron used to verify the patron�s identity;
���� (i) �the method used to verify
the patron's identity; and
���� (j) �date of verification.
���� (2) �Use multi-source
authentication as the primary method for verifying the accuracy of patron data
prior to the creation of an account.� Casino licensees may manually verify the
accuracy of data by examining credentials from the patron.� Accounts created
using manual procedures shall be recorded on a log maintained by the licensee's
Internet Gaming Manager which shall contain the following information, at a
minimum:
���� (a) �the date;
���� (b) �the account number;
���� (c) �the account holder's
first and last name;
���� (d) �a description of
credentials examined; and
���� (e) �the name and title of the
employee who created the account.
���� (3)� Verify the patron's
identity and, in addition, record the document number of the government-issued
credential examined or other effective methodology approved by the licensee's Anti-Money
Laundering Officer and Internet Gaming Manager and recorded in the licensee's internal
controls. �Such methods shall include the use of remote multi-sourced
authentication, which may include third-party and governmental databases, as
approved by the division. �This methodology shall include verification of the
data set forth in subsection b. of this section, and either:
���� (a) �verification of the
patron's response to security questions within three attempts and five minutes;
���� (b) �verification that the
patron's phone number is associated with a device used by the patron. This verification
shall fail if the phone number or device has been associated with prior
fraudulent activity, which shall be reported to the division;
���� (c) verification through the
examination of credentials in a manner that ensures the credentials are not
counterfeit; or
���� (d) �other method approved by
the licensee's AML Officer and Internet Games Manager.
���� (4) �Require the patron to
establish a password or other access security feature as approved by the division
and advise the patron of the ability to utilize "strong
authentication" log in protection.
���� (5) �Verify that the patron is
of the legal age of 21, not self-excluded, on the exclusion list, or otherwise prohibited
from participation in gaming.
���� (6) �Record the patron's
acceptance of the licensee's terms and conditions to participate in Internet or
mobile gaming.
���� (7) �Record the patron's
certification that the information provided to the operator by the individual
who registered is accurate.
���� (8) �Record the patron's
acknowledgement that the legal age for Internet or mobile gaming is 21 and that
the patron is prohibited from allowing any other person to access or use the
patron�s Internet or mobile gaming account.
���� (9) �Notify the patron of the
establishment of the account through electronic mail or regular mail.
���� (10) �Encrypt all of the
following information contained in an electronic patron file:
���� (a) �the patron's Social
Security number, or equivalent, for a foreign patron such as a passport or taxpayer
identification number;
���� (b) �the patron's passwords
and/or PINs; and
���� (c) �Debit card numbers, bank
account numbers, or other personal financial information.
���� c. �A patron shall have only
one Internet or mobile gaming account for each Internet gaming operator.� Each Internet
or mobile gaming account shall be:
���� (1) ��non-transferable;
���� (2) ��unique to the patron who
establishes the account; and
���� (3) �distinct from any other
account number that the patron may have established with the casino licensee.
���� d.� A casino licensee shall
not permit a patron to transfer funds to another patron.
���� e. �A casino licensee,
Internet gaming permit holder, or contracted operator shall temporarily block a
patron's account for investigation of fraud after five consecutive failed
deposit attempts within a 10-minute time period. �If there is no evidence of fraud,
the block may be vacated.� The patron's account shall be suspended after five additional
consecutive failed deposit attempts within a 10-minute period.
���� f. �All adjustments to patron
accounts for amounts of $500 or under shall be periodically reviewed by supervisory
personnel as set forth in the licensee's internal controls. �All other
adjustments shall be authorized by supervisory personnel prior to being
entered.
���� g. �Internet or mobile gaming
systems shall provide an account statement with account details to a patron on
demand, which shall include detailed account activity for at least the six
months preceding 24 hours prior to the request. �In addition, an Internet or
mobile gaming system shall, upon request, be capable of providing a summary
statement of all patron activity during the past year. �Information to be
provided on the summary statement shall include, at a minimum, the following:
���� (1) �deposits to the Internet
or mobile gaming account;
���� (2) �withdrawals from the Internet
or mobile gaming account;
���� (3) �win or loss statistics;
���� (4) �beginning and ending
account balances; and
���� (5) �self-imposed responsible
gaming limit history, if applicable.
���� h. �A casino licensee, Internet
gaming permit holder, or contracted operator shall maintain a bank account to
ensure the security of funds held in patron Internet gaming accounts. �
���� i. �Patron funds held in an Internet
gaming account shall not be automatically transferred by a casino licensee nor
shall a casino licensee be permitted to require a patron to transfer funds from
the patron�s Internet gaming account in order to circumvent the requirements of
subsection g. of this section.
���� j. �A casino licensee shall
periodically reverify a patron's identification upon reasonable suspicion that
the patron's identification has been compromised.
���� k. �An Internet gaming system
shall provide a conspicuous and readily accessible method for a patron to close
the patron�s account through the account management or similar page. �Any
balance remaining in a patron's Internet gaming account closed by a patron
shall be refunded pursuant to the licensee's internal controls.
���� l. �Patrons shall be notified
at least 30 days prior to the scheduled removal of funds from dormant accounts
with balances of one dollar or more. �No later than the fifth of each month, an
Internet gaming operator shall remove all cashable funds from dormant patron
accounts for the prior month.
���� m. �For each patron who
self-excludes, an Internet gaming operator shall:
���� (1) �void any pending wagers
within three days of the notice of exclusion; and
���� (2) �refund all cashable funds
in the account within 90 days of the notice of exclusion. Patrons with account
balances of less than $ 1.00 need not be refunded and shall not be noticed of
the subsequent removal of such funds due to dormancy.
���� n. �Upon the request of an Internet
or mobile gaming or, a casino or racetrack shall allow its cage to be used to
process patron account deposits or withdrawals.
���� o. �Once an account has been
created and KYC data has been verified, the licensee is prohibited from modifying
the account holder's recorded Social Security number or date of birth without
prior notice to the division.
���� p. �It shall be prohibited for
any operator of Internet or mobile gaming to impose a wagering requirement or
other limitation on a patron's ability to withdraw the patron's own funds. �An
operator may make a reasonable investigation of possible money laundering if a
patron fails to wager the amount of the patron's initial deposit. �However,
once it is determined that money laundering has not occurred, the operator
shall immediately process the withdrawal for the patron.
���� q. �Once a patron has
requested a withdrawal, it shall be prohibited for an operator to offer the
patron an incentive to reverse or cancel the withdrawal. �A withdrawal request
may be reversed or cancelled if requested by the patron on the patron�s own
initiative or if the patron fails to comply with requests for information
needed to process the withdrawal.
���� r.� For purposes of this
section:
���� ��Know Your Customer� or �KYC�
means the process used to determine an individual�s identity; and
���� �KYC data� means data
collected in order to verify the identity of an individual.
���� s.�
The
division may adopt, pursuant to the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), any additional rules and regulations as may be
necessary to fully enforce the provisions of this section.
���� 4.�
(New
section)�
a.� No casino licensee, Internet gaming
permit holder, or contracted operator shall permit a prohibited person to
create an Internet or mobile gaming account.� Prohibited persons shall include
any person under the legal age to participate in gaming activities, those
excluded pursuant to section 71 of P.L.1977, c.110 (C.5:12-71) or self-excluded
pursuant to section 1 of P.L.2001, c.39 (C.5:12-71.2), persons prohibited from
gaming activities pursuant to subsection n. of section 100 of P.L.1977, c.110
(C.5:12-100), and any other persons prohibited from gaming activities pursuant
to regulations established by the division.� A casino licensee, Internet gaming
permit holder, or contracted operator shall identify any patron who has created
an Internet or mobile gaming account and has subsequently become a prohibited
person.
���� b.� Internet and mobile gaming
operators shall compare the data contained in the division's database of prohibited
persons, with data verified during the KYC process. �Operators shall review the
following patron information and the patron shall be deemed a prohibited person
if:
���� (1) �the patron's full Social
Security number matches with the Social Security number recorded by the division's
list of prohibited persons;
���� (2) �for patrons where the division's
list of prohibited patrons does not have a complete Social Security number, a
match of both the last four digits of the patron's Social Security number and
the patron's date of birth with the last four digits of the patron's Social
Security number and date of birth recorded on the division's list of prohibited
persons; or
���� (3) �for patrons where the division's
list of prohibited patrons has a null value recorded for the patron's Social
Security number, a match of both the patron's last name and date of birth, with
the last name
and date of birth recorded by the division's
list of prohibited persons.�
���� c.� In addition, the casino
licensee, Internet gaming permit holder, and contracted operator shall:
���� (1) �implement procedures to
reasonably detect instances where the patron's date of birth matches, but the
spelling of the patron's last name is not an exact match with the last name
recorded by the Division's list of prohibited person; and
���� (2) �take action to
investigate such instances and, if appropriate, prohibit the person from Internet
or mobile gaming.
���� d. �An Internet or mobile
gaming operator may implement procedures to identify patrons incorrectly identified
as prohibited persons resulting from subsection a. of this section. �In those
cases, the Internet or mobile gaming operator may permit these patrons to
participate in Internet or mobile gaming provided that the Internet or mobile
gaming operator documents the following:
���� (1) �the patron was initially
identified as a prohibited person through the comparisons performed pursuant to
subsection a. of this section;
���� (2) �narrative and
documentation to support that the patron has been, after further investigation,
determined not to be prohibited;
���� (3) �the date of the
determination; and
���� (4) �the name of the person
making the determination. Such person shall have a license or registration issued
by the division or commission.
���� e.� As used in this section,
�Know Your Customer� or �KYC� means the process used to determine an
individual's identity.
���� 5.� (New Section)�
a.� As used in this section:
���� "At-risk patron"
means an individual who meets any of the patron play criteria set forth in
subsection d. of this section, and after a due diligence review by the
operator, is found by the operator to be exhibiting potential problem gaming
behavior.
���� "Cool-off period"
means a designated timeframe during which a patron voluntarily suspends access
to their internet or mobile gaming account. �During this period, the patron is
prohibited from logging in, placing wagers, depositing funds, or engaging in
any gaming activity. �The cool-off period shall not be reversible once initiated
and shall last for a minimum of 72 hours. �The cool-off period shall also be
known as a "suspended account.�
���� �"Due diligence
review" means a comprehensive examination and assessment of a patron's
gaming patterns to evaluate potential risk for problem gaming.
���� �"Problem gaming
behavior" means actions or patterns of behavior that leads to significant
psychological, physical, occupational, relational, financial, or legal harm to
the patron or others.
���� "Responsible gaming"
or "RG" means a policy for best practices to promote a safe and
enjoyable gaming experience while minimizing the potential harm to individuals
and communities, emphasizing the importance of informed decision making, player
protection, and social responsibility.
���� "Responsible gaming
lead" or "RG Lead" means the individual employee at each casino
licensee, Internet gaming permit holder, or contracted operator responsible for
ensuring at-risk patrons are provided with responsible gaming information, such
as referrals to available resources and the responsible gaming features offered
by the operator, and that responsible gaming practices are effectuated.�
���� "Responsible gaming
professional" means a professional counselor licensed by the State of New
Jersey with experience in addressing and mitigating the effects of problem
gaming.
���� "RG triggering
system" means the automated tool utilized by the casino licensee, Internet
gaming permit holder, or contracted operator to identify potential at-risk
patrons through the evaluation of patron play criteria set forth in subsection
d. of this section.
���� b. �Each operator of Internet
or mobile gaming shall designate one employee to serve as a dedicated
responsible gaming lead whose responsibilities shall include, but not be
limited to:
���� (1) �identifying and
maintaining a list of at-risk patrons, which shall be provided to the division
upon request, and that shall include information relating to the following
matters:
���� (a) �if a patron meets or
exceeds any of the patron play criteria set forth in subsection d. of this
section, but the operator's due diligence review determines that the patron is
not an at-risk patron, the operator shall document the specific reasons for
this determination and maintain that documentation for a minimum of five years;
���� (b) �a patron may be removed
from the at-risk patron list if they fail to trigger any criteria set forth in
subsection d. of this section for
a period of 180 days from the date
of the last due diligence review and if the patron's activity then is
determined by the responsible gaming lead not to be exhibiting potential
problem gaming behavior; and
���� (c) �the same patron shall be
added again to the list of at-risk patrons if, after a due diligence review,
the patron is subsequently determined by the responsible gaming lead to be an
at-risk patron;
���� (2) �ensuring at-risk patrons
are provided with responsible gaming information, including resources regarding
gaming addiction or problem gaming, as well as the availability of responsible
gaming features offered by the operator, such as time, loss, and deposit
limits, cool-off period options, self-exclusion requests, and account closure
procedures; and
���� (3) �ensuring at-risk patrons
are not presented with direct advertising materials, including, but not limited
to, marketing, promotions, casino and gaming event invitations, and
complimentary services or items.
���� c. �Any patron meeting or
exceeding any of the thresholds set forth in subsection d. of this section
shall be flagged for due diligence review by the operator to determine whether
the patron is exhibiting signs of potential problem gaming. �If, after such due
diligence review, the operator believes that the patron may be exhibiting signs
of problem gaming behavior, the patron shall be placed on the list of at-risk
patrons maintained by that operator's responsible gaming lead required pursuant
to subsection b. of this section.
���� d. �Each operator shall
incorporate in its procedures, at a minimum, the following patron play criteria
as automatic triggers for due diligence review by the operator:
���� (1) �a patron's deposits
exceed $10,000 over a 24-hour period;
���� (2) �a patron's deposits
exceed $100,000 over a 90-day period;
���� (3) �a patron accesses the
self-exclusion request page, but does not complete the self-exclusion process
three or more times in a 30-day period;
���� (4) �a patron requests a
second cool-off period within 45 days of the conclusion of the first cool-off
period;
���� (5) �a patron makes three
consecutive increases to any responsible gaming limits offered by the operator
without any decreases within a seven-day period;
���� (6) �a patron cancels
withdrawal requests within the cancellation requirements set forth in
subsection f. of this section, prior to the processing of the withdrawal three
times in a 10-day period;
���� (7) �the total turnover of a
patron's account exceeds $1,000,000 in a 90-day period;
���� (8) �a patron's time spent
logged into the account increases by 50 percent or more, during the current
week, compared to the immediately preceding two-week period;
���� (9) �a patron ends two or more
gambling or gaming sessions in the same week with a balance of less than one
dollar remaining in the account;
���� (10) �a patron concludes two
or more sessions in the same week with an increase in the total number of
wagers from the previous session;
���� (11) �any additional triggers
identified by the operator to be potential indicators of problem gaming
behavior; or
���� (12) �any additional triggers
identified by the division.
���� e. �Each operator shall ensure
the RG triggering system includes the phases of intervention set forth in this
subsection. �Operators shall maintain detailed records of all responsible
gaming interventions for a period of five years. �These records shall be made available
for inspection by the division upon request. �The operator may advance a patron
to a subsequent phase of intervention if the due diligence review or the
specific trigger initiated warrants a more advanced response:
���� (1) �Phase 1. �The operator
shall contact the patron through the patron's validated email address, or any
such other method as approved by the division, and provide information to the
patron regarding the availability of the various responsible gaming features
offered by the operator, including time, loss, and deposit limits, cool-off
period options, self-exclusion requests, and account closure procedures, as
well as resources that can be accessed to support responsible gaming and to
address problem gaming.
���� (2) �Phase 2. �The operator
shall require the patron to view a video tutorial regarding responsible gaming
and problem gaming to continue gaming activity. �The tutorial shall first be
approved by the division and shall be utilized to educate the patron on the
availability of various responsible gaming features offered by the operator.� The
video may be separated into multiple parts or sections; however, the video
shall contain both audio and visual components. �The patron shall be required
to view the video in its entirety prior to placing further wagers, and a record
confirming that the video was viewed in its entirety shall be required,
generated, and maintained by the operator.
���� (3) Phase 3. �The responsible
gaming lead shall contact the patron directly by phone, video call, or any such
other method of communication approved by the division to discuss possible
problem gaming behavior and to highlight all responsible gaming options offered
by the operator. �The responsible gaming lead shall provide the patron with
contact information for a responsible gaming professional. �The responsible
gaming lead shall provide their own contact information to the patron, so that
the patron can contact the responsible gaming lead directly to receive further
guidance, if sought. �The responsible gaming lead also may refer the patron to
emergency medical or mental health professionals or to law enforcement if the
responsible gaming lead determines that the patron may be at risk of harm to
themself or others. �In the event that the responsible gaming lead is unable to
reach the patron by any approved method of communication, a voice message shall
be left with the patron and documented by the responsible gaming lead. �The
responsible gaming lead shall make three attempts to contact the patron by phone,
with each call placed at least 24 hours after the preceding call and with a
voice message left each time. �If the responsible gaming lead is unable to
speak with the patron by phone after three attempts, the responsible gaming
lead shall email the patron and the patron's account shall be temporarily
suspended until such time as the responsible gaming lead is able to speak
directly with the patron by phone, video call, or any such other method of
communication approved by the division. �The email shall include the
information required in this paragraph and shall be approved in form by the division.
�The patron's account will remain suspended until the direct communication
required by Phase 3 intervention is completed and results in a determination by
the responsible gaming lead that the patron is not exhibiting problem gaming
behavior. �If, after the Phase 3 intervention, the responsible gaming lead
concludes that the patron is still exhibiting signs of problem gaming, the
patron's account shall be closed, and the patron shall be referred to available
problem gambling resources. �Account balances and pending wagers shall be
handled in accordance with the provisions set forth by law or regulation in
effect at the time of the account closure.
���� f. �A withdrawal request made
by a patron shall not be cancelled or reversed by the patron within a three-day
period beginning with the withdrawal request and prior to the disbursement of
the funds. �Any solicitation by operators for patrons to rescind fund
withdrawals that are pending and have not been processed shall be prohibited.
���� g. �The criteria for problem
gaming enumerated in subsection d. of this section are set forth as requisite
minimum standards, and operators may establish additional automated triggers to
identify problem gaming or lower numeric thresholds and timeframes in their
discretion as added safeguards. �Additionally, operators may escalate the
response to any subsequent phase, or take any other action deemed necessary or
appropriate, if they determine the patron may be at severe risk for problem
gaming.
���� h. �Each operator shall
collect and maintain the gender identification data of each successfully
verified patron for the exclusive purpose of contributing to the annual reports
on the impact of internet gaming and sports wagering on problem gamblers and
gambling addiction in New Jersey, pursuant to section 8 of P.L.2013, c.27 (C.5:12-95.18).
���� Each operator shall directly
require or establish arrangements with reputable data sources to obtain gender
identification data for all successfully verified patrons. �Gender
identification data is not required necessarily at the time of account creation
and may be collected at a subsequent point. �Each operator shall report to the division
annually on its requirements or such arrangements, detailing the sources and
methodologies used to acquire the requisite information. �Each operator is
solely responsible for ensuring that gender identification information is
collected and shall maintain this information in a manner that provides an
audit trail to verify compliance with this section.
���� i.� The division may adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), any additional rules and regulations as may be necessary to fully
enforce the provisions of this section.
���� 6.� (New section)� a.� The
Division of Gaming Enforcement shall ensure that
sports
wagering licensees and their contracted operators
adhere to minimum Know
Your Customer standards and practices. �The standards and practices shall, at a
minimum, meet the criteria established pursuant to this section.
���� b.� Prior to engaging in sports
wagering, a patron shall establish a wagering account.�
���� In order to establish a
wagering account,
a sports wagering licensee or their contracted
operator
shall:
���� (1) �Create an electronic
patron file, which shall include, at a minimum, the following information
concerning the patron:
���� (a) �verified legal name;
���� (b) �verified date of birth;
���� (c) �verified entire or last
four digits of the patron's Social Security number, if voluntarily provided, or
equivalent for a foreign patron, such as a passport or taxpayer identification
number;
���� (d) �Internet or mobile
account number;
���� (e) �verified residential
address which shall not be a post office box;
���� (f) �reported electronic mail
address;
���� (g) �reported telephone
number;
���� (h) �any other information
collected from the patron used to verify the patron�s identity;
���� (i) �the method used to verify
the patron's identity;
���� (j) �date of verification; and
���� (k) �the patron shall disclose
if the patron is an employee of a sports governing body or member team who is
not prohibited from wagering.
���� (2) �Use multi-source
authentication as the primary method for verifying the accuracy of patron data
prior to the creation of an account.� A sports wagering licensee or their
contracted operator may manually verify the accuracy of data by examining
credentials from the patron.� Accounts created using manual procedures shall be
recorded on a log maintained by the licensee's Sports Pool Manager which shall
contain the following information, at a minimum:
���� (a) �the date;
���� (b) �the account number;
���� (c) �the account holder's
first and last name;
���� (d) �a description of
credentials examined; and
���� (e) �the name and title of the
employee who created the account.
���� (3)� Verify the patron's
identity and, in addition, record the document number of the government-issued
credential examined or other effective methodology approved by the licensee's
Anti-Money Laundering Officer and Sports Pool Manager and recorded in the
licensee's internal controls.� Such methods shall include the use of remote
multi-sourced authentication, which may include third-party and governmental
databases, as approved by the division.� This methodology shall include
verification of the data set forth in subsection b. of this section, and
either:
���� (a) �verification of the
patron's response to security questions within three attempts and five minutes;
���� (b) �verification that the
patron's phone number is associated with a device used by the patron. �This verification
shall fail if the phone number or device has been associated with prior
fraudulent activity, which shall be reported to the division;
���� (c) �verification through the
examination of credentials in a manner that ensures the credentials are not
counterfeit; or
���� (d) �other method approved by
the licensee's Anti-Money Laundering Officer and Sports Pool Manager.
���� (4) �require the patron to
establish a password or other access security feature as approved by the
Division and advise the patron of the ability to utilize "strong
authentication" log in protection;
���� (5) �verify that the patron is
of the legal age of 21, not self-excluded, on the exclusion list, or otherwise
prohibited from participation in wagering;
���� (6) �record the patron's
acceptance of the licensee's terms and conditions to participate in online
sports wagering;
���� (7) �record the patron's
certification that the information provided to the operator by the individual
who registered is accurate;
���� (8) �record the patron's
acknowledgement that the legal age for sports wagering is 21 and that the
patron is prohibited from allowing any other person to access or use the
patron�s wagering account;
���� (9) �notify the patron of the
establishment of the account through electronic mail or regular mail.
���� (10) �Encrypt all of the
following information contained in an electronic patron file:
���� (a) �the patron's Social
Security number, or equivalent, for a foreign patron such as a passport or
taxpayer identification number;
���� (b) �the patron's passwords
and/or PINs; and
���� (c) �Debit card numbers, bank
account numbers, or other personal financial information.
���� c.� A patron shall have only
one wagering account for each online sports pool.� Each wagering account shall
be:
���� (1)� non-transferable;
���� (2)� unique to the patron who
establishes the account; and
���� (3)� distinct from any other
account number that the patron may have established with the sports wagering
licensee.
���� d.� A sports wagering licensee
or their contracted operator shall not permit a patron to transfer funds to
another patron.
���� e.� A sports wagering licensee
or their contracted operator shall temporarily block a patron's account for
investigation of fraud after five consecutive failed deposit attempts within a
10-minute time period.� If there is no evidence of fraud, the block may be
vacated.� The sports wagering licensee or their contracted operator shall
suspend the patron's account after five additional consecutive failed deposit
attempts within a 10-minute period.
���� f.� All adjustments to patron
accounts for amounts of $500 or under shall be periodically reviewed by
supervisory personnel as set forth in the licensee's internal controls.� All
other adjustments shall be
authorized by supervisory personnel
prior to being entered.
���� g. Internet sports pool systems
shall provide an account statement with account details to a patron on demand,
which shall include detailed account activity for at least the six months
preceding 24 hours prior to the request.� In addition, an online sports pool system
shall, upon request, be capable of providing a summary statement of all patron
activity during the past year.� Information to be provided on the summary
statement shall include, at a minimum, the following:
���� (1) �deposits to the wagering
account;
���� (2) �withdrawals from the
wagering account;
���� (3) �win or loss statistics;
���� (4) �beginning and ending
account balances; and
���� (5) �self-imposed responsible
gaming limit history, if applicable.
���� h.� A sports wagering licensee
or authorized online sports wagering operator shall maintain a bank account to
ensure the security of funds held in patron wagering accounts.�
���� i. �Patron funds held in a
wagering account shall not be automatically transferred by a sports wagering
licensee nor shall a sports wagering licensee be permitted to require a patron
to transfer funds from the patron�s wagering account in order to circumvent the
requirements of subsection j. of this section.
���� j.� A sports wagering licensee
shall periodically reverify a patron's identification upon reasonable suspicion
that the patron's identification has been compromised.
���� k.� An online sports pool
system shall provide a conspicuous and readily accessible method for a patron
to close the patron�s account through the account management or similar page.�
Any balance remaining in a patron's wagering account closed by a patron shall
be refunded pursuant to the licensee's internal controls.
���� l.� A sports wagering licensee
or their contracted operator shall provide notice to patrons 30 days prior to
the scheduled removal of funds from dormant accounts with balances of one
dollar or more.� No later than the fifth of each month, an Internet sports pool
operator shall remove all cashable funds from dormant patron accounts for the
prior month.
���� m.� For each patron who
self-excludes, an Internet sports pool operator shall:
���� (1) �void any pending wagers
within three days of the notice of exclusion; and
���� (2) �refund all cashable funds
in the account within 90 days of the notice of exclusion. �Patrons with account
balances of less than one dollar need not be refunded and shall not be noticed
of the subsequent removal of such funds due to dormancy.
���� n.� Upon the request of an Internet
or mobile gaming operator, a casino or racetrack shall allow its cage to be
used to process patron account deposits or withdrawals.
���� o.� Once an account has been
created and KYC data has been verified, the licensee is prohibited from
modifying the account holder's recorded Social Security number or date of birth
without prior notice to the division.
���� p.� It shall be prohibited for
any sports wagering licensee or contracted operator to impose a wagering
requirement or other limitation on a patron's ability to withdraw the patron's
own funds.� A sports wagering licensee or their contracted operator may make a
reasonable investigation of possible money laundering if a patron fails to
wager the amount of the patron's initial deposit.� However, once it is
determined that money laundering has not occurred, the sports wagering licensee
or their contracted operator shall immediately process the withdrawal for the
patron.
���� q.� Once a patron has
requested a withdrawal, it shall be prohibited for an operator to offer the
patron an incentive to reverse or cancel the withdrawal.� A withdrawal request
may be reversed or cancelled if requested by the patron on the patron�s own
initiative or if the patron fails to comply with requests for information
needed to process the withdrawal.
����
r.�
For purposes of this section:
���� ��Know Your Customer� or �KYC�
means the process used to determine an individual�s identity; and
���� �KYC data� means data
collected in order to verify the identity of an individual.
���� s.� The division may adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), any additional rules and regulations as may be necessary to fully
enforce the provisions of this section.
���� 7.� (New section)� a.� No sports
wagering licensee or contracted operator thereof shall permit a prohibited
person to create a wagering account.� Prohibited persons shall include any
person under the legal age to participate in gaming activities, those excluded
pursuant to section 71 of P.L.1977, c.110 (C.5:12-71) or self-excluded pursuant
to section 1 of P.L.2001, c.39 (C.5:12-71.2), persons prohibited from gaming
activities pursuant to subsection n. of section 100 of P.L.1977, c.110
(C.5:12-100), and any other persons prohibited from gaming activities pursuant
to regulations established by the division.� A sports wagering licensee or
contracted operator thereof shall identify any patron who has created a
wagering account and has subsequently become a prohibited person
���� b.� Sports wagering licensee
or their contracted operators shall compare the data contained in the division's
database of prohibited persons, with data verified during the KYC process.�
Operators shall review the following patron information and the patron shall be
deemed a prohibited person if:
���� (1) �the patron's full Social
Security number matches with the Social Security number recorded by the division's
list of prohibited persons;
���� (2) �for patrons where the division's
list of prohibited patrons does not have a complete Social Security number, a
match of both the last four digits of the patron's Social Security number and
the patron's date of birth with the last four digits of the patron's Social
Security number and date of birth recorded on the division's list of prohibited
persons; or
���� (3) �for patrons where the division's
list of prohibited patrons has a null value recorded for the patron's Social
Security number, a match of both the patron's last name and date of birth, with
the last name
and date of birth recorded by the
Division's list of prohibited persons.�
���� c.� In addition, the sports
wagering licensee or their contracted operator shall:
���� (1) �implement procedures to
reasonably detect instances where the patron's date of birth matches, but the
spelling of the patron's last name is not an exact match with the last name
recorded by the Division's list of prohibited person; and
���� (2) �take action to
investigate such instances and, if appropriate, prohibit the person from
Internet or mobile gaming.
���� d.� A sports wagering licensee
or their contracted operator may implement procedures to identify patrons
incorrectly identified as prohibited persons resulting from subsection a. of
this section.� In those cases, the sports wagering licensee or their contracted
operator may permit these patrons to participate in wagering provided that the sports
wagering licensee or their contracted operator documents the following:
���� (1)
�the
patron was initially identified as a prohibited person through the comparisons performed
pursuant to subsection a. of this section;
���� (2) �narrative and
documentation to support that the patron has been, after further investigation,
determined not to be prohibited;
���� (3) �the date of the
determination; and
���� (4) �the name of the person
making the determination. Such person shall have a license or registration
issued by the division or commission.
���� e.� As used in this section,
�Know Your Customer� or �KYC� means the process used to determine an
individual's identity.
���� 8.� (New section)� a.� As used
in this section:
���� �"At-risk patron"
means an individual who meets any of the patron play criteria set forth in
subsection d. of this section, and after a due diligence review by the sports
wagering licensee or their contracted operator, is found by the sports wagering
licensee or their contracted operator to be exhibiting potential problem gaming
behavior.
���� "Cool-off period"
means a designated timeframe during which a patron voluntarily suspends access
to their wagering account.� During this period, the patron is prohibited from
logging in, placing wagers, depositing funds, or engaging in any wagering
activity.� The cool-off period shall not be reversible once initiated and shall
last for a minimum of 72 hours.� The cool-off period shall also be known as a
"suspended account.�
���� "Due diligence
review" means a comprehensive examination and assessment of a patron's
gaming patterns to evaluate potential risk for problem gaming.
���� �"Problem gaming
behavior" means actions or patterns of behavior that leads to significant
psychological, physical, occupational, relational, financial, or legal harm to
the patron or others.
���� "Responsible gaming"
or "RG" means a policy for best practices to promote a safe and
enjoyable gaming experience while minimizing the potential harm to individuals
and communities, emphasizing the importance of informed decision making, player
protection, and social responsibility.
���� "Responsible gaming
lead" or "RG Lead" means the individual employee at each sports
wagering licensee and their contracted operators responsible for ensuring
at-risk patrons are provided with responsible gaming information, such as
referrals to available resources and the responsible gaming features offered by
the sports wagering licensee and their contracted operator, and that
responsible gaming practices are effectuated.�
���� "Responsible gaming
professional" means a professional counselor licensed by the State of New
Jersey with experience in addressing and mitigating the effects of problem
gaming.
���� "RG triggering
system" means the automated tool utilized by the sports wagering licensee
and their contracted operators to identify potential at-risk patrons through
the evaluation of patron play criteria set forth at subsection d. of this
section.
���� b.� Each sports wagering
licensee and their contracted operators shall designate one employee to serve
as a dedicated responsible gaming lead whose responsibilities shall include,
but not be limited to:
���� (1) �identifying and
maintaining a list of at-risk patrons, which shall be provided to the division
upon request, and that shall include information relating to the following
matters:
���� (a) �if a patron meets or
exceeds any of the patron play criteria set forth in subsection d. of this
section, but the sports wagering licensee and their contracted operator�s due
diligence review determines that the patron is not an at-risk patron, the sports
wagering licensee and their contracted operator shall document the specific
reasons for this determination and maintain that documentation for a minimum of
five years;
���� (b) �a patron may be removed
from the at-risk patron list if they fail to trigger any criteria set forth in
subsection d. of this section for
a period of 180 days from the date
of the last due diligence review and if the patron's activity then is
determined by the responsible gaming lead not to be exhibiting potential
problem gaming behavior; and
���� (c) �the same patron shall be
added again to the list of at-risk patrons if, after a due diligence review,
the patron is subsequently determined by the responsible gaming lead to be an
at-risk patron;
���� (2) �ensuring at-risk patrons
are provided with responsible gaming information, including resources regarding
gaming addiction or problem gaming, as well as the availability of responsible
gaming features offered by the sports wagering licensee and their contracted
operator, such as time, loss, and deposit limits, cool-off period options,
self-exclusion requests, and account closure procedures; and
���� (3) �ensuring at-risk patrons
are not presented with direct advertising materials, including, but not limited
to, marketing, promotions, casino and gaming event invitations, and
complimentary services or items.
���� c.� Any patron meeting or
exceeding any of the thresholds set forth in subsection d. of this section
shall be flagged for due diligence review by the sports wagering licensee and
their contracted operator to determine whether the patron is exhibiting signs
of potential problem gaming.� If, after such due diligence review, the sports
wagering licensee and their contracted operator believes that the patron may be
exhibiting signs of problem gaming behavior, the patron shall be placed on the
list of at-risk patrons maintained by that sports wagering licensee and their
contracted operator�s responsible gaming lead required pursuant to subsection
b. of this section.
���� d.� Each sports wagering
licensee and their contracted operators shall incorporate in its procedures, at
a minimum, the following patron play criteria as automatic triggers for due
diligence review by the sports wagering licensee and their contracted operators:
���� (1) �a patron's deposits
exceed $10,000 over a 24-hour period;
���� (2) �a patron's deposits
exceed $100,000 over a 90-day period;
���� (3) �a patron accesses the
self-exclusion request page, but does not complete the self-exclusion process
three or more times in a 30-day period;
���� (4) �a patron requests a
second cool-off period within 45 days of the conclusion of the first cool-off
period;
���� (5) �a patron makes three
consecutive increases to any responsible gaming limits offered by the sports
wagering licensee and their contracted operators without any decreases within a
seven-day period;
���� (6) �a patron cancels
withdrawal requests within the cancellation requirements set forth in
subsection f. of this section, prior to the processing of the withdrawal three
times in a 10-day period;
���� (7) �the total turnover of a
patron's account exceeds $1,000,000 in a 90-day period;
���� (8) �a patron's time spent
logged into the account increases by 50 percent or more, during the current
week, compared to the immediately preceding two-week period;
���� (9) �a patron ends two or more
gambling or gaming sessions in the same week with a balance of less than one
dollar remaining in the account;
���� (10) �a patron concludes two
or more sessions in the same week with an increase in the total number of
wagers from the previous session;
���� (11) �any additional triggers
identified by the sports wagering licensee and their contracted operators to be
potential indicators of problem gaming behavior; or
���� (12) �any additional triggers
identified by the division.
���� e. �Each sports wagering
licensee and their contracted operators shall ensure the RG triggering system
includes the phases of intervention set forth in this subsection.� Sports
wagering licensee and their contracted operators shall maintain detailed
records of all responsible gaming interventions for a period of five years.�
These records shall be made available for inspection by the division upon
request.� The sports wagering licensee and their contracted operators may
advance a patron to a subsequent phase of intervention if the due diligence
review or the specific trigger initiated warrants a more advanced response:
���� (1) �Phase 1.� The sports
wagering licensee and their contracted operators shall contact the patron
through the patron's validated email address, or any such other method as
approved by the division, and provide information to the patron regarding the
availability of the various responsible gaming features offered by the sports
wagering licensee and their contracted operator, including time, loss, and
deposit limits, cool-off period options, self-exclusion requests, and account
closure procedures, as well as resources that can be accessed to support
responsible gaming and to address problem gaming.
���� (2) �Phase 2.� The sports
wagering licensee and their contracted operators shall require the patron to
view a video tutorial regarding responsible gaming and problem gaming to
continue gaming activity.� The tutorial shall first be approved by the division
and shall be utilized to educate the patron on the availability of various
responsible gaming features offered by the sports wagering licensee and their
contracted operators.� The video may be separated into multiple parts or
sections; however, the video shall contain both audio and visual components.�
The patron shall be required to view the video in its entirety prior to placing
further wagers, and a record confirming that the video was viewed in its
entirety shall be required, generated, and maintained by the sports wagering
licensee and their contracted operators.
���� (3) �Phase 3.� The responsible
gaming lead shall contact the patron directly by phone, video call, or any such
other method of communication approved by the Division to discuss possible
problem gaming behavior and to highlight all responsible gaming options offered
by the sports wagering licensee and their contracted operators.� The
responsible gaming lead shall provide the patron with contact information for a
responsible gaming professional.� The responsible gaming lead shall provide
their own contact information to the patron, so that the patron can contact the
responsible gaming lead directly to receive further guidance, if sought.� The
responsible gaming lead also may refer the patron to emergency medical or
mental health professionals or to law enforcement if the responsible gaming
lead determines that the patron may be at risk of harm to themself or others.�
In the event that the responsible gaming lead is unable to reach the patron by
any approved method of communication, a voice message shall be left with the
patron and documented by the responsible gaming lead.� The responsible gaming
lead shall make three attempts to contact the patron by phone, with each call
placed at least 24 hours after the preceding call and with a voice message left
each time.� If the responsible gaming lead is unable to speak with the patron
by phone after three attempts, the responsible gaming lead shall email the
patron and the patron's account shall be temporarily suspended until such time
as the responsible gaming lead is able to speak directly with the patron by
phone, video call, or any such other method of communication approved by the division.�
The email shall include the information required in this paragraph and shall be
approved in form by the division.� The patron's account will remain suspended
until the direct communication required by Phase 3 intervention is completed
and results in a determination by the responsible gaming lead that the patron
is not exhibiting problem gaming behavior.� If, after the Phase 3 intervention,
the responsible gaming lead concludes that the patron is exhibiting signs of
problem gaming, the patron's account shall be closed, and the patron shall be
referred to available problem gambling resources.� Account balances and pending
wagers shall be handled in accordance with the provisions set forth by law or
regulation in effect at the time of the account closure.
���� f. �A withdrawal request made
by a patron shall not be cancelled or reversed by the patron within a three-day
period beginning with the withdrawal request and prior to the disbursement of
the funds.� Any solicitation by sports wagering licensee and their contracted
operators for patrons to rescind fund withdrawals that are pending and have not
been processed shall be prohibited.
���� g.� The criteria for problem
gaming enumerated in subsection d. of this section are set forth as requisite
minimum standards, and sports wagering licensee and their contracted operators may
establish additional automated triggers to identify problem gaming or lower
numeric thresholds and timeframes in their discretion as added safeguards.�
Additionally, sports wagering licensees and their contracted operators may
escalate the response to any subsequent phase, or take any other action deemed
necessary or appropriate, if they determine the patron may be at severe risk
for problem gaming.
���� h.� Each sports wagering
licensee and their contracted operators shall collect and maintain the gender
identification data of each successfully verified patron for the exclusive
purpose of contributing to the annual reports on the impact of internet gaming
and sports wagering on problem gamblers and gambling addiction in New Jersey,
pursuant to section 2 of P.L.2018, c.33 (C.5:12A-11).
���� Each sports wagering licensee
and their contracted operators shall directly require or establish arrangements
with reputable data sources to obtain gender identification data for all
successfully verified patrons.� Gender identification data is not required
necessarily at the time of account creation and may be collected at a
subsequent point.� Each sports wagering licensee and their contracted operators
shall report to the division annually on its requirements or such arrangements,
detailing the sources and methodologies used to acquire the requisite
information.� Each sports wagering licensee and contracted operator is solely
responsible for ensuring that gender identification information is collected
and shall maintain this information in a manner that provides an audit trail to
verify compliance with this section.
���� i.� The division may adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), any additional rules and regulations as may be necessary to fully
enforce the provisions of this section.
���� 9. �This act shall take effect
90 days from the date of enactment.
STATEMENT
���� This bill prohibits the use of
credit cards as a method of paying for online casino games or online sports
wagers in this State.
���� Under current law, patrons are
permitted to make deposits to their wagering accounts with a credit card.� This
bill would prohibit these practices.� The bill does not limit the ability of
patrons to engage in these activities by paying with debit cards, or other
forms of acceptable payment.
���� This bill also codifies
certain administrative rules regarding the requirements necessary to establish
patron Internet gaming and sports wagering accounts as well as standards for
identifying and preventing prohibited persons from participating in Internet or
mobile gaming and online sports wagering.
���� This bill also codifies
certain proposed administrative rules regarding responsible gaming.� These
changes establish a framework for online casinos and sportsbooks to utilize
data in order to identify, monitor, and intervene with patrons who may be exhibiting
certain problem gaming behavior.
���� Under the bill, online casinos
and sportsbooks are required to designate a responsible gaming lead to oversee
the identification of at-risk patrons, maintain records, provide responsible
gaming information and resources, and ensure such patrons are excluded from
direct marketing and promotions.� Automated systems must flag certain patron
behaviors for review, after which a determination will be made regarding
whether a patron should be classified as at risk.
���� This bill establishes a series
of phases of intervention ranging from informational outreach to mandatory
education, direct personal contact, temporary account suspension, and
ultimately account closure and referral to professional help if problem gaming
is confirmed. �Online casinos and sportsbooks must document all reviews and
interventions and retain records for regulatory inspection.
���� The bill establishes certain
requirements to restrict withdrawal cancellations to prevent impulsive gambling
behavior, allow regulators and online casinos and sportsbooks to add or tighten
risk triggers, and require the collection of patron gender identification data
solely for Statewide reporting on problem gambling trends.