Bill Text: NJ A5210 | 2026-2027 | Regular Session | Introduced
Bill Title: 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.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-06-04 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A5210 Detail]
Download: New_Jersey-2026-A5210-Introduced.html
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.
