MA
Massachusetts House Bill H4037

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4037 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 HOUSE DOCKET, NO. 3835 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 4037
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Adam J. Scanlon
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to problem gambling.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Adam J. Scanlon14th Bristol1/17/2025 1 of 17
1616 HOUSE DOCKET, NO. 3835 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 4037
1818 By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No.
1919 4037) of Adam J. Scanlon relative to problem gambling. Economic Development and Emerging
2020 Technologies.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act relative to problem gambling.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Clause (iii) of subsection (b) of section 24 of chapter 10 of the General
3030 2Laws, as appearing in section 7 of chapter 140 of the acts of 2024, is hereby amended by adding
3131 3the following words:- and allow any player to voluntarily place themself on the list of self-
3232 4excluded persons established by the Massachusetts gaming commission pursuant to subsection
3333 5(f) of section 45 of chapter 23K, on the list of self-excluded persons established by the
3434 6Massachusetts gaming commission pursuant to paragraph (2) of subsection (e) of section 13 of
3535 7chapter 23N, and on the list of self-excluded persons established by the attorney general pursuant
3636 8to section 11M3/4 of chapter 12 at the same time and in the same manner in which they can
3737 9voluntarily prohibit or otherwise exclude themself from purchasing a lottery ticket, game or
3838 10share online, over the internet, through the use of a mobile application or through any other
3939 11means. 2 of 17
4040 12 SECTION 2. Said section 24 of said chapter 10, as so appearing, is hereby further
4141 13amended by adding the following 2 subsections:-
4242 14 (i) The commission shall include the standardized disclaimer, established pursuant to
4343 15subsection (z) of section 3 of chapter 23K, in all its advertisements for lottery products.
4444 16 (j) The commission shall ensure that the lottery shall not market to persons on any
4545 17excluded persons list in any form, including but not limited to marketing by mail, by app
4646 18notifications, by digital ads or by ads contracted to display in other companies’ advertisements.
4747 19The commission shall ensure that all technological means available, including but not limited to
4848 20microtargeting via cookies, Internet Protocol addresses and other digital fingerprints, are used to
4949 21prevent its ads from being served to individuals on any excluded persons list, established
5050 22pursuant to this section. The commission shall promulgate regulations for the implementation of
5151 23this subsection.
5252 24 SECTION 3. Chapter 12 of the General Laws is hereby amended by inserting after
5353 25section 11M1/2 the following section:-
5454 26 Section 11M3/4. (a) The attorney general shall establish a list of self-excluded persons
5555 27from fantasy contests, established pursuant to section 11M1/2. A person may request such
5656 28person’s name to be placed on the list of self-excluded persons by filing a statement with the
5757 29attorney general acknowledging that the person is a problem gambler and by agreeing that,
5858 30during any period of voluntary exclusion, the person shall not collect any winnings or recover
5959 31any losses resulting from any fantasy contests, established pursuant to said section 11M1/2. The
6060 32attorney general shall adopt further regulations for the self-excluded persons list including
6161 33procedures for placement, removal and transmittal of such list to persons or entities that offer 3 of 17
6262 34fantasy contests, established pursuant to said section 11M1/2. The attorney general may fine a
6363 35person or entity that offers fantasy contests, established pursuant to said section 11M1/2, if the
6464 36person or entity that offers fantasy contests knowingly or recklessly fails to exclude or eject from
6565 37its premises any person placed on the list of self-excluded persons.
6666 38 (b) Persons or entities that offer fantasy contests, established pursuant to section 11M1/2,
6767 39shall not market to persons on any excluded persons list and shall deny access to
6868 40complimentaries, check cashing privileges, club programs and other similar benefits to persons
6969 41on the self-excluded persons list. Notwithstanding any other general or special law to the
7070 42contrary, the self-excluded persons list shall not be open to public inspection. Nothing in this
7171 43section, however, shall prohibit a person or entity that offers fantasy contests, established
7272 44pursuant to said section 11M1/2, from disclosing the identity of persons on the self-excluded
7373 45persons list under this section to affiliated persons or entities that offer fantasy contests in this
7474 46commonwealth or other jurisdictions for the limited purpose of assisting in the proper
7575 47administration of responsible gaming programs operated by affiliated persons or entities that
7676 48offer fantasy contests, established pursuant to said section 11M1/2.
7777 49 (c) A person who is prohibited from participating in fantasy contests, established
7878 50pursuant to section 11M1/2, shall not collect any winnings or recover losses arising as a result of
7979 51prohibited fantasy contest winnings obtained by a person who is prohibited from fantasy
8080 52contests, and such winnings shall be deposited into the Public Health Trust Fund, established
8181 53pursuant to section 58 of chapter 23K.
8282 54 (d) The attorney general shall further allow an individual to voluntarily place themself on
8383 55the list of self-excluded persons established by the Massachusetts gaming commission pursuant 4 of 17
8484 56to subsection (f) of section 45 of chapter 23K, and to opt into the system created by the state
8585 57lottery commission for any individual to voluntarily prohibit or otherwise exclude themself from
8686 58purchasing a lottery ticket, game or share online, over the internet, through the use of a mobile
8787 59application or through any other means, established pursuant to clause (iii) of subsection (b) of
8888 60section 24 of chapter 10, at the same time and in the same manner in which they request to be
8989 61added to the list of self-excluded list of persons, established pursuant to this section.
9090 62 (e) The attorney general shall establish regulations, pursuant to chapter 30A, and
9191 63procedures to implement this section.
9292 64 (f) The Massachusetts gaming commission, established pursuant to section 3 of chapter
9393 6523K, and the state lottery commission, established pursuant to section 24 of chapter 10, shall
9494 66consider and develop recommendations pursuant to joining a national registry or program for
9595 67voluntary self-exclusion.
9696 68 (g) Persons or entities that offer fantasy contests, established pursuant to section 11M1/2,
9797 69shall not engage in marketing or advertising that: (i) occurs via traditional television broadcast or
9898 70streaming platform during a broadcast of either a professional sport or athletic event, defined
9999 71pursuant to section 3 of chapter 23N, or a sports event or sporting event, defined pursuant to said
100100 72section 3 of said chapter 23N; (ii) markets to persons on any excluded persons list, established
101101 73pursuant to this section, in any form, including but not limited to marketing by mail, by app
102102 74notifications, by digital ads or by ads contracted to display in other companies’ advertisements;
103103 75provided, that a person or entity that offers fantasy contests, established pursuant to section
104104 7611M1/2, shall use all technological means available, including but not limited to microtargeting
105105 77via cookies, Internet Protocol addresses and other digital fingerprints, to prevent their ads from 5 of 17
106106 78being served to individuals on any excluded persons list, established pursuant to this section;
107107 79provided further, that the attorney general shall promulgate regulations, pursuant to chapter 30A,
108108 80including penalties for noncompliance, for the implementation of this section; (iii) is deemed by
109109 81the attorney general to appeal to a person less than 21 years of age; or (iv) occurs via means of
110110 82television, radio, internet, billboard or print publication unless at least 85 per cent of the audience
111111 83is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date
112112 84audience composition data. The penalty for an infraction of this subsection shall be determined
113113 85by the attorney general, pursuant to its power to promulgate regulations for the implementation,
114114 86administration and enforcement of this chapter, in accordance with what the commission deems
115115 87necessary to achieve compliance with this subsection.
116116 88 (h) Persons or entities that offer fantasy contests, established pursuant to section 11M1/2,
117117 89shall include the standardized disclaimer, established pursuant to subsection (z) of section 3 of
118118 90chapter 23K, in all advertising and marketing for all such fantasy contests.
119119 91 SECTION 4. Section 3 of chapter 23K of the General Laws, as appearing in the 2022
120120 92Official Edition, is hereby amended by adding the following subsection:-
121121 93 (z) The commission, in consultation with the department of public health’s office of
122122 94problem gambling services, the state lottery commission, established pursuant to section 23 of
123123 95chapter 10 and the attorney general, shall establish a single standardized disclaimer that: (i)
124124 96warns of the risks of gambling, sports betting and playing the lottery; (ii) contains a single phone
125125 97number for the MA Gambling Helpline; and (iii) provides means to locate other resources made
126126 98available by the state to help with problem gambling and gambling addiction. The commission 6 of 17
127127 99shall promulgate regulations, pursuant to chapter 30A, to require its licensees and its licensees’
128128 100contractors to use the standardized disclaimer in all advertising.
129129 101 SECTION 5. Said chapter 23K is hereby amended by striking out section 29 and
130130 102inserting in place thereof the following section:-
131131 103 Section 29. (a) A gaming establishment offering a cashless wagering system shall allow
132132 104individuals to monitor and impose betting limits and loss limits on their cashless wagering. The
133133 105gaming establishment shall allow individuals to set betting limits and loss limits on their cashless
134134 106wagering including, but not limited to, per bet limits, hourly limits, daily limits, weekly limits
135135 107and monthly limits. An individual may lower limits and increase limits; provided, however, that
136136 108the individual shall not increase betting limits more than once in a 24-hour period.
137137 109 (b) The gaming establishment shall issue to each patron who has been issued a rewards
138138 110card or who participates in a cashless wagering system by the gaming establishment a monthly
139139 111statement, mailed to the patron at the patron's physical mailing address, which shall include the
140140 112patron's total bets, wins and losses; provided, however, that a patron shall be given the
141141 113opportunity to decline receiving a monthly statement at the time the rewards card is issued or
142142 114during initial participation in a cashless wagering system; provided further, that a patron may
143143 115later opt out of receiving monthly statements by providing a written request to cease monthly
144144 116statements to the gaming establishment.
145145 117 (c) The gaming establishment shall issue to each patron who has been issued a rewards
146146 118card or who participates in a cashless wagering system by the gaming establishment an electronic
147147 119daily statement, sent to their email address collected when the rewards card was issued or when
148148 120the player was enrolled in cashless wagering system, and sent to their smartphone via 7 of 17
149149 121notification from the gaming establishment’s app if downloaded by the patron, with the default
150150 122setting of the app set to allow this notification; this electronic statement shall include the patron's
151151 123total bets, wins and losses; provided however, that a patron shall be given the opportunity to
152152 124decline to receive the electronic daily statement by email or turn off the notification at the time
153153 125the rewards card is issued or during initial participation in a cashless wagering system; provided
154154 126further, that a patron may later opt out of receiving the electronic weekly statement by email
155155 127through use of a link to unsubscribe from the statement in the email, and that a patron may also
156156 128later turn off the daily statement notification from the gaming establishment’s app.
157157 129 (d) A gaming licensee who has implemented such a program or system shall annually
158158 130report to the commission the amount of money spent and lost by patrons who have been issued a
159159 131rewards card or who participated in a cashless wagering system, aggregated by zip code. Activity
160160 132under this section shall be monitored by the commission. Individuals on the list of excluded
161161 133persons shall not be permitted to participate in a cashless wagering system.
162162 134 (e) A gaming establishment shall ask each patron who has been issued a rewards card or
163163 135who participates in a cashless wagering system by the gaming establishment at the time they are
164164 136issued the rewards card or enrolled in the cashless wagering system to set a spending limit for a
165165 137daily, weekly or monthly basis and enroll in a play management program approved by the
166166 138commission, including but not limited to Play-My-Way, or to opt-out of such a play management
167167 139program.
168168 140 (f) A gaming establishment shall issue to each patron who has been issued a rewards card
169169 141or who participates in a cashless wagering system by the gaming establishment a hard, paper
170170 142copy of a brochure that contains all information and resources made available by the state and 8 of 17
171171 143the commission to help with problem gambling, including but not limited to Gamesense,
172172 144PlayMyWay, and Voluntary Self-Exclusion.
173173 145 SECTION 6. Subsection (f) of section 45 of said chapter 23K, as appearing in the 2022
174174 146Official Edition, is hereby amended by inserting after the third sentence the following 3
175175 147sentences:- The commission shall allow any individual to opt into the system created by the state
176176 148lottery commission for any individual to voluntarily prohibit or otherwise exclude themself from
177177 149purchasing a lottery ticket, game or share online, over the internet, through the use of a mobile
178178 150application or through any other means, established pursuant to clause (iii) of subsection (b) of
179179 151section 24 of chapter 10, at the same time and in the same manner in which they request to be
180180 152added to the list of self-excluded list of persons, established pursuant to this section. The
181181 153commission shall further allow any individual to place themself on the list of self-excluded
182182 154persons established by the attorney general pursuant to section 11M3/4 of chapter 12 at the same
183183 155time and in the same manner in which they request to be added to the list of self-excluded list of
184184 156persons, established pursuant to this section. The commission shall provide for an online method
185185 157and a phone method, in addition to any other method it finds reasonable and necessary, for
186186 158persons to place themselves on the list of self-excluded persons.
187187 159 SECTION 7. Said section 45 of said chapter 23K, as so appearing, is hereby further
188188 160amended by striking out subsection (g) and inserting in place thereof the following subsection:-
189189 161 (g) Gaming establishments shall not market to persons on any excluded persons list,
190190 162established pursuant to this section, in any form, including but not limited to marketing by mail,
191191 163by app notifications, by digital ads or by ads contracted to display in other companies’
192192 164advertisements. Gaming establishments shall use all technological means available, including 9 of 17
193193 165but not limited to microtargeting via cookies, Internet Protocol addresses and other digital
194194 166fingerprints, to prevent their ads from being served to individuals on any excluded persons list,
195195 167established pursuant to this section. Gaming establishments shall deny access to
196196 168complimentaries, check cashing privileges, club programs and other similar benefits to persons
197197 169on the self-excluded persons list. The Massachusetts gaming commission shall promulgate
198198 170regulations, pursuant to chapter 30A, including penalties for noncompliance, for the
199199 171implementation of this section.
200200 172 SECTION 8. Said section 45 of said chapter 23K, as so appearing, is hereby further
201201 173amended by adding the following subsection:-
202202 174 (l) Gaming establishments shall check identification for all individuals seeking entrance
203203 175to the gaming floor of the gaming establishment for the purpose of excluding those individuals
204204 176pursuant to the exclusion and self-exclusion provisions of this section.
205205 177 SECTION 9. Section 58 of said chapter 23K, as so appearing, is hereby amended by
206206 178adding the following sentence:- Annually, the department of public health shall submit to the
207207 179speaker of the house, the president of the senate, the joint committee on public health and the
208208 180joint committee on economic development and emerging technologies a report on its treatment
209209 181programs funded by the fund, including but not limited to: (i) the treatment programs funded by
210210 182the fund and the amounts they receive; (ii) the number of individuals served by each treatment
211211 183program funded by the fund, including whether they are new clients or continuing clients in the
212212 184programs; (iii) demographic information of those served by treatment programs funded by the
213213 185fund, including but not limited to the variables of sex, age, race, ethnicity, income, education and 10 of 17
214214 186geography; and (iv) the outcomes obtained for individuals enrolled in treatment programs funded
215215 187by the fund.
216216 188 SECTION 10. Said chapter 23K is hereby further amended by striking out section 61 and
217217 189inserting in place thereof the following section:-
218218 190 Section 61. (a) There shall be established and set up on the books of the commonwealth a
219219 191separate fund to be known as the Community Mitigation Fund. The fund shall consist of monies
220220 192transferred under section 59 and all other monies credited or transferred to the fund from any
221221 193other fund or source.
222222 194 (b) The commission shall administer the fund and, without further appropriation, shall
223223 195expend monies in the fund to assist the host community and surrounding communities including,
224224 196but not limited to, communities that are directly adjacent to a host community and other
225225 197communities that have been designated surrounding communities by the commission or
226226 198licensees, in offsetting costs related to the construction and operation of a gaming establishment
227227 199including, but not limited to, water and sewer districts in the vicinity of a gaming establishment,
228228 200local and regional education, transportation, infrastructure, housing, environmental and public
229229 201safety agencies, including the office of the county district attorney, police, fire and emergency
230230 202services. The commission may, at its discretion, distribute funds to a governmental entity or
231231 203district other than a single municipality in order to implement a mitigation measure that affects
232232 204more than 1 municipality; provided, however, that such entity or district shall submit a written
233233 205request for funding in the same manner as a municipality would be required to submit such a
234234 206request under subsection (c). 11 of 17
235235 207 (c) Parties requesting appropriations from the fund shall submit a written request for
236236 208funding to the commission by a date established by the commission. The commission may hold a
237237 209public hearing in the region of a gaming establishment to provide parties with the opportunity to
238238 210provide further information about their request for funds and shall distribute funds to requesting
239239 211parties based on the determination of the commission. The commission may promulgate
240240 212regulations for the implementation of this section including establishing eligibility criteria and
241241 213purposes for which funds may be distributed. The commission may assess a fee for the
242242 214administration of this section.
243243 215 SECTION 11. Said chapter 23K is hereby amended by adding the following section:-
244244 216 Section 72. (a) A licensee under chapter 23K or chapter 23N shall not engage in
245245 217advertising, marketing or branding, or enter into contracts to create brand sponsorships or
246246 218celebrity endorsements, that are deemed by the commission to appeal to a person less than 21
247247 219years of age. A licensee under chapter 23K or chapter 23N shall not engage in advertising,
248248 220marketing and branding by means of television, radio, internet, billboard or print publication
249249 221unless at least 85 per cent of the audience is reasonably expected to be 21 years of age or older,
250250 222as determined by reliable, up-to-date audience composition data. The penalty for an infraction of
251251 223this subsection shall be determined by the commission, pursuant to its power to promulgate
252252 224regulations for the implementation, administration and enforcement of this chapter, in
253253 225accordance with what the commission deems necessary to achieve compliance with this
254254 226subsection.
255255 227 (b) The commission shall establish an excise tax of 5 per cent on any income generated
256256 228by an individual celebrity through a contract with a licensee under chapter 23K or chapter 23N to 12 of 17
257257 229participate in advertising, marketing, branding, brand sponsorships or celebrity endorsements.
258258 230The revenue from this subsection shall be deposited into the Public Health Trust Fund,
259259 231established pursuant to section 58.
260260 232 SECTION 12. Section 4 of chapter 23N of the General Laws, as appearing in the 2022
261261 233Official Edition, is hereby amended by striking out, in line 22, the word “and”.
262262 234 SECTION 13. Said section 4 of said chapter 23N, as so appearing, is hereby further
263263 235amended by inserting, in line 24, after the word “law” the following words:- ; and (F) advertising
264264 236via traditional television broadcast or streaming platform during such a broadcast of either a
265265 237professional sport or athletic event, defined pursuant to section 3, or a sports event or sporting
266266 238event, defined pursuant to section 3.
267267 239 SECTION 14. Subsection (d) of said section 4 of said chapter 23N, as so appearing, is
268268 240hereby further amended by adding the following paragraph:-
269269 241 (4) (i) Notwithstanding any general or special law or rule or regulation to the contrary, a
270270 242sports wagering operator shall supply the commission with customer tracking data collected or
271271 243generated by loyalty programs, player tracking software, player card systems, online gambling
272272 244transactions or any other information system. Not later than December 31, 2025, the commission
273273 245shall contract with an experienced nonprofit research entity to develop an anonymizing system
274274 246that automatically removes from the data: (A) personally identifying information, including
275275 247player name, street address, bank or credit information and the last 4 digits of a player’s ZIP+4
276276 248code, in compliance with section 2 of chapter 93H; and (B) game identifying information,
277277 249including game name and device manufacturing company, in protection of corporate intellectual
278278 250property. The data shall retain information on player characteristics including, but not limited to, 13 of 17
279279 251gender, age and region of residence, player behavior including, but not limited to, frequency of
280280 252play, length of play, speed of play, denomination of play, amounts wagered and, if applicable,
281281 253number of lines or hands played and characteristics of games played including, but not limited
282282 254to, reel configuration, return-to-player or RTP, volatility index and denomination. The
283283 255commission shall convey the anonymized data to a research facility, which shall make the data
284284 256available to qualified researchers for the purposes of: (1) conducting analyses that improve
285285 257understanding of how gambling addiction develops and progresses; (2) developing evidence-
286286 258based harm minimization strategies; and (3) developing evidence-based systems to monitor,
287287 259detect and intervene in high-risk gambling. The commission shall request reports on research
288288 260analyses of the behavioral data, which could provide informed recommendation to the general
289289 261court relative to more effective regulation of gambling operations. The commission may directly
290290 262initiate studies assessing the effectiveness of any specific measures, programs or interventions
291291 263that the commonwealth has implemented in gaming operations and which might be illuminated
292292 264through the behavioral data in question.
293293 265 (ii) The commission shall make a concerted, good faith effort to implement such
294294 266evidence-based harm minimization strategies and evidence-based systems to monitor, detect and
295295 267intervene in high-risk gambling, and to act on the recommendations made in reports and studies
296296 268produced pursuant to this section. The commission shall also deliver all such reports, studies and
297297 269recommendations to the joint committee on economic development and emerging technologies.
298298 270 SECTION 15. Section 6 of said chapter 23N, as so appearing, is hereby amended by
299299 271striking out subsection (i) and inserting in place thereof the following subsection:- 14 of 17
300300 272 (i) Applications for operator licenses are public records under section 10 of chapter 66;
301301 273provided, however, that trade secrets, competitively sensitive information or other proprietary
302302 274information provided to the commission under this chapter, the disclosure of which would place
303303 275the applicant or licensee at a competitive disadvantage or would be detrimental to the applicant
304304 276or licensee if it were made public, may be withheld from disclosure under said section 10 of said
305305 277chapter 66 at the commission's discretion.
306306 278 SECTION 16. Section 12 of said chapter 23N, as so appearing, is hereby amended by
307307 279adding the following 2 subsections:-
308308 280 (h) (1) A sports wagering operator or qualified gaming entity shall allow individuals to
309309 281monitor and impose betting limits and loss limits on their wagers. The operator or qualified
310310 282gaming entity shall allow individuals to set betting limits on their sports wagers including, but
311311 283not limited to, per bet limits, hourly limits, daily limits, weekly limits and monthly limits. An
312312 284individual may lower limits and increase limits; provided, however, that the individual shall not
313313 285increase betting limits more than once in a 24-hour period. The operator or qualified gaming
314314 286entity shall ask individuals at the time that they first register and create an account on the
315315 287platform for the purpose of making wagers to set a spending limit and a loss limit for a daily,
316316 288weekly or monthly basis and enroll in a play management program approved by the commission,
317317 289including but not limited to Play-My-Way, or to opt out of such a play management program.
318318 290 (2) The operator or qualified gaming entity shall issue to each patron who has been issued
319319 291a rewards card or who participates in a cashless wagering system by the gaming establishment a
320320 292monthly statement, mailed to the patron at the patron's physical mailing address, which shall
321321 293include the patron's total bets, wins and losses; provided, however, that a patron shall be given 15 of 17
322322 294the opportunity to decline receiving a monthly statement at the time the rewards card is issued or
323323 295during initial participation in a cashless wagering system; provided further, that a patron may
324324 296later opt out of receiving monthly statements by providing a written request to cease monthly
325325 297statements to the operator or qualified gaming entity.
326326 298 (3) The operator or qualified gaming entity shall issue to each patron who has been issued
327327 299a rewards card or who participates in a cashless wagering system by the operator or qualified
328328 300gaming entity an electronic daily statement, sent to their email address, collected when the
329329 301rewards card was issued or when the player was enrolled in cashless wagering system, and sent
330330 302to their smartphone via notification from the operator’s or qualified gaming entity’s app if
331331 303downloaded by the patron. The operator or qualified gaming entity shall ensure the default
332332 304setting of the app allows notification of the electronic daily statement. The electronic daily
333333 305statement shall include the patron's total bets, wins and losses. The operator or qualified gaming
334334 306entity shall allow a patron the opportunity to: (i) decline to receive the electronic daily statement
335335 307by email or turn off the notification at the time the rewards card is issued or during initial
336336 308participation in a cashless wagering system; (ii) opt out of receiving the electronic daily
337337 309statement by email through use of a link to unsubscribe from the statement in the email; and (iii)
338338 310turn off the daily statement notification from the operator’s or qualified gaming entity’s app.
339339 311 (4) An operator or qualified gaming entity licensed pursuant to this chapter that has
340340 312implemented such a program or system shall annually report to the commission the amount of
341341 313money spent and lost by patrons who have been issued a rewards card or who participated in a
342342 314cashless wagering system, aggregated by zip code. Activity under this section shall be monitored
343343 315by the commission. Individuals on the list of excluded persons shall not be permitted to
344344 316participate in a cashless wagering system. Furthermore, an operator or qualified gaming entity 16 of 17
345345 317shall issue to each patron who has been issued a rewards card or who participates in a cashless
346346 318wagering system by the operator or qualified gaming entity a hard, paper copy of a brochure that
347347 319contains all information and resources made available by the state and the commission to help
348348 320with problem gambling, including but not limited to Gamesense, PlayMyWay, and Voluntary
349349 321Self-Exclusion.
350350 322 (i) A licensee under this chapter shall not exclude any individual from its platform or
351351 323limit the wagers or potential winnings of any individual except when based on: (i) a section of
352352 324this chapter; or (ii) a preexisting term of service of the licensee that is clearly disclosed to the
353353 325individual upon logging into the app of the licensee.
354354 326 SECTION 17. Paragraph (2) of subsection (e) of section 13 of said chapter 23N, as so
355355 327appearing, is hereby amended by inserting after the second sentence the following sentence:- The
356356 328commission shall provide for an online method and a phone method, in addition to any other
357357 329method it finds reasonable and necessary, for persons to place themselves on the list of self-
358358 330excluded persons.
359359 331 SECTION 18. Said subsection (e) of said section 13 of said chapter 23N, as so appearing,
360360 332is hereby further amended by adding the following paragraph:-
361361 333 (4) A sports wagering operator or qualified gaming entity shall not market to persons on
362362 334any excluded persons list in any form, including but not limited to marketing by mail, by app
363363 335notifications, by digital ads or by ads contracted to display in other companies’ advertisements.
364364 336A sports wagering operator or qualified gaming entity shall use all technological means
365365 337available, including but not limited to microtargeting via cookies, Internet Protocol addresses and
366366 338other digital fingerprints, to prevent their ads from being served to individuals on any excluded 17 of 17
367367 339persons list, established pursuant to this section. The commission shall promulgate regulations,
368368 340pursuant to chapter 30A, including penalties for noncompliance, for the implementation of this
369369 341section.
370370 342 SECTION 19. Section 16 of said chapter 23N, as so appearing, is hereby amended by
371371 343adding the following subsection:-
372372 344 (j) To further effectuate the purposes of this chapter with respect to the investigation and
373373 345enforcement of sports wagering operators and qualified gaming entities, the investigations and
374374 346enforcement bureau in the commission may obtain or provide pertinent information regarding
375375 347applicants or licensees from or to law enforcement entities or gaming authorities or sports
376376 348wagering regulatory authorities and other domestic, federal or foreign jurisdictions, including the
377377 349Federal Bureau of Investigation, and may transmit such information to each other electronically.