Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4037 Latest Draft

Bill / Introduced Version Filed 04/22/2025

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HOUSE DOCKET, NO. 3835       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 4037
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Adam J. Scanlon
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to problem gambling.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Adam J. Scanlon14th Bristol1/17/2025 1 of 17
HOUSE DOCKET, NO. 3835       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 4037
By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 
4037) of Adam J. Scanlon relative to problem gambling. Economic Development and Emerging 
Technologies.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to problem gambling.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Clause (iii) of subsection (b) of section 24 of chapter 10 of the General 
2Laws, as appearing in section 7 of chapter 140 of the acts of 2024, is hereby amended by adding 
3the following words:- and allow any player to voluntarily place themself on the list of self-
4excluded persons established by the Massachusetts gaming commission pursuant to subsection 
5(f) of section 45 of chapter 23K, on the list of self-excluded persons established by the 
6Massachusetts gaming commission pursuant to paragraph (2) of subsection (e) of section 13 of 
7chapter 23N, and on the list of self-excluded persons established by the attorney general pursuant 
8to section 11M3/4 of chapter 12 at the same time and in the same manner in which they can 
9voluntarily prohibit or otherwise exclude themself from purchasing a lottery ticket, game or 
10share online, over the internet, through the use of a mobile application or through any other 
11means. 2 of 17
12 SECTION 2. Said section 24 of said chapter 10, as so appearing, is hereby further 
13amended by adding the following 2 subsections:-
14 (i) The commission shall include the standardized disclaimer, established pursuant to 
15subsection (z) of section 3 of chapter 23K, in all its advertisements for lottery products.     
16 (j) The commission shall ensure that the lottery shall not market to persons on any 
17excluded persons list in any form, including but not limited to marketing by mail, by app 
18notifications, by digital ads or by ads contracted to display in other companies’ advertisements. 
19The commission shall ensure that all technological means available, including but not limited to 
20microtargeting via cookies, Internet Protocol addresses and other digital fingerprints, are used to 
21prevent its ads from being served to individuals on any excluded persons list, established 
22pursuant to this section. The commission shall promulgate regulations for the implementation of 
23this subsection.
24 SECTION 3. Chapter 12 of the General Laws is hereby amended by inserting after 
25section 11M1/2 the following section:-
26 Section 11M3/4. (a) The attorney general shall establish a list of self-excluded persons 
27from fantasy contests, established pursuant to section 11M1/2. A person may request such 
28person’s name to be placed on the list of self-excluded persons by filing a statement with the 
29attorney general acknowledging that the person is a problem gambler and by agreeing that, 
30during any period of voluntary exclusion, the person shall not collect any winnings or recover 
31any losses resulting from any fantasy contests, established pursuant to said section 11M1/2. The 
32attorney general shall adopt further regulations for the self-excluded persons list including 
33procedures for placement, removal and transmittal of such list to persons or entities that offer  3 of 17
34fantasy contests, established pursuant to said section 11M1/2. The attorney general may fine a 
35person or entity that offers fantasy contests, established pursuant to said section 11M1/2, if the 
36person or entity that offers fantasy contests knowingly or recklessly fails to exclude or eject from 
37its premises any person placed on the list of self-excluded persons.
38 (b) Persons or entities that offer fantasy contests, established pursuant to section 11M1/2, 
39shall not market to persons on any excluded persons list and shall deny access to 
40complimentaries, check cashing privileges, club programs and other similar benefits to persons 
41on the self-excluded persons list. Notwithstanding any other general or special law to the 
42contrary, the self-excluded persons list shall not be open to public inspection. Nothing in this 
43section, however, shall prohibit a person or entity that offers fantasy contests, established 
44pursuant to said section 11M1/2, from disclosing the identity of persons on the self-excluded 
45persons list under this section to affiliated persons or 	entities that offer fantasy contests in this 
46commonwealth or other jurisdictions for the limited purpose of assisting in the proper 
47administration of responsible gaming programs operated by affiliated persons or entities that 
48offer fantasy contests, established pursuant to said section 11M1/2.
49 (c) A person who is prohibited from participating in fantasy contests, established 
50pursuant to section 11M1/2, shall not collect any winnings or recover losses arising as a result of 
51prohibited fantasy contest winnings obtained by a person who is prohibited from fantasy 
52contests, and such winnings shall be deposited into the Public Health Trust Fund, established 
53pursuant to section 58 of chapter 23K.  
54 (d) The attorney general shall further allow an individual to voluntarily place themself on 
55the list of self-excluded persons established by the Massachusetts gaming commission pursuant  4 of 17
56to subsection (f) of section 45 of chapter 23K, and to opt into the system created by the state 
57lottery commission for any individual to voluntarily prohibit or otherwise exclude themself from 
58purchasing a lottery ticket, game or share online, over the internet, through the use of a mobile 
59application or through any other means, established pursuant to clause (iii) of subsection (b) of 
60section 24 of chapter 10, at the same time and in the same manner in which they request to be 
61added to the list of self-excluded list of persons, established pursuant to this section. 
62 (e) The attorney general shall establish regulations, pursuant to chapter 30A, and 
63procedures to implement this section. 
64 (f) The Massachusetts gaming commission, established pursuant to section 3 of chapter 
6523K, and the state lottery commission, established pursuant to section 24 of chapter 10, shall 
66consider and develop recommendations pursuant to joining a national registry or program for 
67voluntary self-exclusion.  
68 (g) Persons or entities that offer fantasy contests, established pursuant to section 11M1/2, 
69shall not engage in marketing or advertising that: (i) occurs via traditional television broadcast or 
70streaming platform during a broadcast of either a professional sport or athletic event, defined 
71pursuant to section 3 of chapter 23N, or a sports event or sporting event, defined pursuant to said 
72section 3 of said chapter 23N; (ii) markets to persons on any excluded persons list, established 
73pursuant to this section, in any form, including but not limited to marketing by mail, by app 
74notifications, by digital ads or by ads contracted to display in other companies’ advertisements; 
75provided, that a person or entity that offers fantasy contests, established pursuant to section 
7611M1/2, shall use all technological means available, including but not limited to microtargeting 
77via cookies, Internet Protocol addresses and other digital fingerprints, to prevent their ads from  5 of 17
78being served to individuals on any excluded persons list, established pursuant to this section; 
79provided further, that the attorney general shall promulgate regulations, pursuant to chapter 30A, 
80including penalties for noncompliance, for the implementation of this section; (iii) is deemed by 
81the attorney general to appeal to a person less than 21 years of age; or (iv) occurs via means of 
82television, radio, internet, billboard or print publication unless at least 85 per cent of the audience 
83is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date 
84audience composition data. The penalty for an infraction of this subsection shall be determined 
85by the attorney general, pursuant to its power to promulgate regulations for the implementation, 
86administration and enforcement of this chapter, in accordance with what the commission deems 
87necessary to achieve compliance with this subsection.
88 (h) Persons or entities that offer fantasy contests, established pursuant to section 11M1/2, 
89shall include the standardized disclaimer, established pursuant to subsection (z) of section 3 of 
90chapter 23K, in all advertising and marketing for all such fantasy contests.     
91 SECTION 4. Section 3 of chapter 23K of the General Laws, as appearing in the 2022 
92Official Edition, is hereby amended by adding the following subsection:-
93 (z) The commission, in consultation with the department of public health’s office of 
94problem gambling services, the state lottery commission, established pursuant to section 23 of 
95chapter 10 and the attorney general, shall establish a single standardized disclaimer that: (i) 
96warns of the risks of gambling, sports betting and playing the lottery; (ii) contains a single phone 
97number for the MA Gambling Helpline; and (iii) provides means to locate other resources made 
98available by the state to help with problem gambling and gambling addiction.  The commission  6 of 17
99shall promulgate regulations, pursuant to chapter 30A, to require its licensees and its licensees’ 
100contractors to use the standardized disclaimer in all advertising.
101 SECTION 5. Said chapter 23K is hereby amended by striking out section 29 and 
102inserting in place thereof the following section:-
103 Section 29. (a) A gaming establishment offering a cashless wagering system shall allow 
104individuals to monitor and impose betting limits and loss limits on their cashless wagering. The 
105gaming establishment shall allow individuals to set betting limits and loss limits on their cashless 
106wagering including, but not limited to, per bet limits, hourly limits, daily limits, weekly limits 
107and monthly limits. An individual may lower limits and increase limits; provided, however, that 
108the individual shall not increase betting limits more than once in a 24-hour period.
109 (b) The gaming establishment shall issue to each patron who has been issued a rewards 
110card or who participates in a cashless wagering system by the gaming establishment a monthly 
111statement, mailed to the patron at the patron's physical mailing address, which shall include the 
112patron's total bets, wins and losses; provided, however, that a patron shall be given the 
113opportunity to decline receiving a monthly statement at the time the rewards card is issued or 
114during initial participation in a cashless wagering system; provided further, that a patron may 
115later opt out of receiving monthly statements by providing a written request to cease monthly 
116statements to the gaming establishment.
117 (c) The gaming establishment shall issue to each patron who has been issued a rewards 
118card or who participates in a cashless wagering system by the gaming establishment an electronic 
119daily statement, sent to their email address collected when the rewards card was issued or when 
120the player was enrolled in cashless wagering system, and sent to their smartphone via  7 of 17
121notification from the gaming establishment’s app if downloaded by the patron, with the default 
122setting of the app set to allow this notification; this electronic statement shall include the patron's 
123total bets, wins and losses; provided however, that a patron shall be given the opportunity to 
124decline to receive the electronic daily statement by email or turn off the notification at the time 
125the rewards card is issued or during initial participation in a cashless wagering system; provided 
126further, that a patron may later opt out of receiving the electronic weekly statement by email 
127through use of a link to unsubscribe from the statement in the email, and that a patron may also 
128later turn off the daily statement notification from the gaming establishment’s app.
129 (d) A gaming licensee who has implemented such a program or system shall annually 
130report to the commission the amount of money spent and lost by patrons who have been issued a 
131rewards card or who participated in a cashless wagering system, aggregated by zip code. Activity 
132under this section shall be monitored by the commission. Individuals on the list of excluded 
133persons shall not be permitted to participate in a cashless wagering system.
134 (e) A gaming establishment shall ask each patron who has been issued a rewards card or 
135who participates in a cashless wagering system by the gaming establishment at the time they are 
136issued the rewards card or enrolled in the cashless wagering system to set a spending limit for a 
137daily, weekly or monthly basis and enroll in a play management program approved by the 
138commission, including but not limited to Play-My-Way, or to opt-out of such a play management 
139program.
140 (f) A gaming establishment shall issue to each patron who has been issued a rewards card 
141or who participates in a cashless wagering system by 	the gaming establishment a hard, paper 
142copy of a brochure that contains all information and resources made available by the state and  8 of 17
143the commission to help with problem gambling, including but not limited to Gamesense, 
144PlayMyWay, and Voluntary Self-Exclusion.   
145 SECTION 6. Subsection (f) of section 45 of said chapter 23K, as appearing in the 2022 
146Official Edition, is hereby amended by inserting after the third sentence the following 3 
147sentences:- The commission shall allow any individual to opt into the system created by the state 
148lottery commission for any individual to voluntarily prohibit or otherwise exclude themself from 
149purchasing a lottery ticket, game or share online, over the internet, through the use of a mobile 
150application or through any other means, established pursuant to clause (iii) of subsection (b) of 
151section 24 of chapter 10, at the same time and in the same manner in which they request to be 
152added to the list of self-excluded list of persons, established pursuant to this section. The 
153commission shall further allow any individual to place themself on the list of self-excluded 
154persons established by the attorney general pursuant to section 11M3/4 of chapter 12 at the same 
155time and in the same manner in which they request to be added to the list of self-excluded list of 
156persons, established pursuant to this section. The commission shall provide for an online method 
157and a phone method, in addition to any other method it finds reasonable and necessary, for 
158persons to place themselves on the list of self-excluded persons.
159 SECTION 7. Said section 45 of said chapter 23K, as so appearing, is hereby further 
160amended by striking out subsection (g) and inserting in place thereof the following subsection:-
161 (g) Gaming establishments shall not market to persons on any excluded persons list, 
162established pursuant to this section, in any form, including but not limited to marketing by mail, 
163by app notifications, by digital ads or by ads contracted to display in other companies’ 
164advertisements. Gaming establishments shall use all technological means available, including  9 of 17
165but not limited to microtargeting via cookies, Internet Protocol addresses and other digital 
166fingerprints, to prevent their ads from being served to individuals on any excluded persons list, 
167established pursuant to this section. Gaming establishments shall deny access to 
168complimentaries, check cashing privileges, club programs and other similar benefits to persons 
169on the self-excluded persons list. The Massachusetts gaming commission shall promulgate 
170regulations, pursuant to chapter 30A, including penalties for noncompliance, for the 
171implementation of this section. 
172 SECTION 8. Said section 45 of said chapter 23K, as so appearing, is hereby further 
173amended by adding the following subsection:- 
174 (l) Gaming establishments shall check identification for all individuals seeking entrance 
175to the gaming floor of the gaming establishment for the purpose of excluding those individuals 
176pursuant to the exclusion and self-exclusion provisions of this section. 
177 SECTION 9. Section 58 of said chapter 23K, as so appearing, is hereby amended by 
178adding the following sentence:- Annually, the department of public health shall submit to the 
179speaker of the house, the president of the senate, the joint committee on public health and the 
180joint committee on economic development and emerging technologies a report on its treatment 
181programs funded by the fund, including but not limited to: (i) the treatment programs funded by 
182the fund and the amounts they receive; (ii) the number of individuals served by each treatment 
183program funded by the fund, including whether they are new clients or continuing clients in the 
184programs; (iii) demographic information of those served by treatment programs funded by the 
185fund, including but not limited to the variables of sex, age, race, ethnicity, income, education and  10 of 17
186geography; and (iv) the outcomes obtained for individuals enrolled in treatment programs funded 
187by the fund. 
188 SECTION 10. Said chapter 23K is hereby further amended by striking out section 61 and 
189inserting in place thereof the following section:- 
190 Section 61. (a) There shall be established and set up on the books of the commonwealth a 
191separate fund to be known as the Community Mitigation Fund. The fund shall consist of monies 
192transferred under section 59 and all other monies credited or transferred to the fund from any 
193other fund or source.
194 (b) The commission shall administer the fund and, without further appropriation, shall 
195expend monies in the fund to assist the host community and surrounding communities including, 
196but not limited to, communities that are directly adjacent to a host community and other 
197communities that have been designated surrounding communities by the commission or 
198licensees, in offsetting costs related to the construction and operation of a gaming establishment 
199including, but not limited to, water and sewer districts in the vicinity of a gaming establishment, 
200local and regional education, transportation, infrastructure, housing, environmental and public 
201safety agencies, including the office of the county district attorney, police, fire and emergency 
202services. The commission may, at its discretion, distribute funds to a governmental entity or 
203district other than a single municipality in order to implement a mitigation measure that affects 
204more than 1 municipality; provided, however, that such entity or district shall submit a written 
205request for funding in the same manner as a municipality would be required to submit such a 
206request under subsection (c). 11 of 17
207 (c) Parties requesting appropriations from the fund shall submit a written request for 
208funding to the commission by a date established by the commission. The commission may hold a 
209public hearing in the region of a gaming establishment to provide parties with the opportunity to 
210provide further information about their request for funds and shall distribute funds to requesting 
211parties based on the determination of the commission. The commission may promulgate 
212regulations for the implementation of this section including establishing eligibility criteria and 
213purposes for which funds may be distributed. The commission may assess a fee for the 
214administration of this section.
215 SECTION 11. Said chapter 23K is hereby amended by adding the following section:-
216 Section 72. (a) A licensee under chapter 23K or chapter 23N shall not engage in 
217advertising, marketing or branding, or enter into contracts to create brand sponsorships or 
218celebrity endorsements, that are deemed by the commission to appeal to a person less than 21 
219years of age. A licensee under chapter 23K or chapter 23N shall not engage in advertising, 
220marketing and branding by means of television, radio, internet, billboard or print publication 
221unless at least 85 per cent of the audience is reasonably expected to be 21 years of age or older, 
222as determined by reliable, up-to-date audience composition data. The penalty for an infraction of 
223this subsection shall be determined by the commission, pursuant to its power to promulgate 
224regulations for the implementation, administration and enforcement of this chapter, in 
225accordance with what the commission deems necessary to achieve compliance with this 
226subsection. 
227 (b) The commission shall establish an excise tax of 5 per cent on any income generated 
228by an individual celebrity through a contract with a licensee under chapter 23K or chapter 23N to  12 of 17
229participate in advertising, marketing, branding, brand sponsorships or celebrity endorsements. 
230The revenue from this subsection shall be deposited into the Public Health Trust Fund, 
231established pursuant to section 58. 
232 SECTION 12. Section 4 of chapter 23N of the General Laws, as appearing in the 2022 
233Official Edition, is hereby amended by striking out, in line 22, the word “and”.
234 SECTION 13. Said section 4 of said chapter 23N, as so appearing, is hereby further 
235amended by inserting, in line 24, after the word “law” the following words:- ; and (F) advertising 
236via traditional television broadcast or streaming platform during such a broadcast of either a 
237professional sport or athletic event, defined pursuant to section 3, or a sports event or sporting 
238event, defined pursuant to section 3. 
239 SECTION 14. Subsection (d) of said section 4 of said chapter 23N, as so appearing, is 
240hereby further amended by adding the following paragraph:-
241 (4) (i) Notwithstanding any general or special law or rule or regulation to the contrary, a 
242sports wagering operator shall supply the commission with customer tracking data collected or 
243generated by loyalty programs, player tracking software, player card systems, online gambling 
244transactions or any other information system. Not later than December 31, 2025, the commission 
245shall contract with an experienced nonprofit research entity to develop an anonymizing system 
246that automatically removes from the data: (A) personally identifying information, including 
247player name, street address, bank or credit information and the last 4 digits of a player’s ZIP+4 
248code, in compliance with section 2 of chapter 93H; and (B) game identifying information, 
249including game name and device manufacturing company, in protection of corporate intellectual 
250property. The data shall retain information on player characteristics including, but not limited to,  13 of 17
251gender, age and region of residence, player behavior including, but not limited to, frequency of 
252play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, 
253number of lines or hands played and characteristics of games played including, but not limited 
254to, reel configuration, return-to-player or RTP, volatility index and denomination. The 
255commission shall convey the anonymized data to a research facility, which shall make the data 
256available to qualified researchers for the purposes of: (1) conducting analyses that improve 
257understanding of how gambling addiction develops and progresses; (2) developing evidence-
258based harm minimization strategies; and (3) developing evidence-based systems to monitor, 
259detect and intervene in high-risk gambling. The commission shall request reports on research 
260analyses of the behavioral data, which could provide informed recommendation to the general 
261court relative to more effective regulation of gambling operations. The commission may directly 
262initiate studies assessing the effectiveness of any specific measures, programs or interventions 
263that the commonwealth has implemented in gaming operations and which might be illuminated 
264through the behavioral data in question. 
265 (ii) The commission shall make a concerted, good faith effort to implement such 
266evidence-based harm minimization strategies and evidence-based systems to monitor, detect and 
267intervene in high-risk gambling, and to act on the recommendations made in reports and studies 
268produced pursuant to this section. The commission shall also deliver all such reports, studies and 
269recommendations to the joint committee on economic development and emerging technologies.   
270 SECTION 15. Section 6 of said chapter 23N, as so appearing, is hereby amended by 
271striking out subsection (i) and inserting in place thereof the following subsection:- 14 of 17
272 (i) Applications for operator licenses are public records under section 10 of chapter 66; 
273provided, however, that trade secrets, competitively sensitive information or other proprietary 
274information provided to the commission under this chapter, the disclosure of which would place 
275the applicant or licensee at a competitive disadvantage or would be detrimental to the applicant 
276or licensee if it were made public, may be withheld from disclosure under said section 10 of said 
277chapter 66 at the commission's discretion.
278 SECTION 16. Section 12 of said chapter 23N, as so appearing, is hereby amended by 
279adding the following 2 subsections:-
280 (h) (1) A sports wagering operator or qualified gaming entity shall allow individuals to 
281monitor and impose betting limits and loss limits on their wagers. The operator or qualified 
282gaming entity shall allow individuals to set betting limits on their sports wagers including, but 
283not limited to, per bet limits, hourly limits, daily limits, weekly limits and monthly limits. An 
284individual may lower limits and increase limits; provided, however, that the individual shall not 
285increase betting limits more than once in a 24-hour period. The operator or qualified gaming 
286entity shall ask individuals at the time that they first register and create an account on the 
287platform for the purpose of making wagers to set a spending limit and a loss limit for a daily, 
288weekly or monthly basis and enroll in a play management program approved by the commission, 
289including but not limited to Play-My-Way, or to opt out of such a play management program.
290 (2) The operator or qualified gaming entity shall issue to each patron who has been issued 
291a rewards card or who participates in a cashless wagering system by the gaming establishment a 
292monthly statement, mailed to the patron at the patron's physical mailing address, which shall 
293include the patron's total bets, wins and losses; provided, however, that a patron shall be given  15 of 17
294the opportunity to decline receiving a monthly statement at the time the rewards card is issued or 
295during initial participation in a cashless wagering system; provided further, that a patron may 
296later opt out of receiving monthly statements by providing a written request to cease monthly 
297statements to the operator or qualified gaming entity.
298 (3) The operator or qualified gaming entity shall issue to each patron who has been issued 
299a rewards card or who participates in a cashless wagering system by the operator or qualified 
300gaming entity an electronic daily statement, sent to their email address, collected when the 
301rewards card was issued or when the player was enrolled in cashless wagering system, and sent 
302to their smartphone via notification from the operator’s or qualified gaming entity’s app if 
303downloaded by the patron.  The operator or qualified gaming entity shall ensure the default 
304setting of the app allows notification of the electronic daily statement. The electronic daily 
305statement shall include the patron's total bets, wins and losses. The operator or qualified gaming 
306entity shall allow a patron the opportunity to: (i) decline to receive the electronic daily statement 
307by email or turn off the notification at the time the rewards card is issued or during initial 
308participation in a cashless wagering system; (ii) opt out of receiving the electronic daily 
309statement by email through use of a link to unsubscribe from the statement in the email; and (iii) 
310turn off the daily statement notification from the operator’s or qualified gaming entity’s app. 
311 (4) An operator or qualified gaming entity licensed pursuant to this chapter that has 
312implemented such a program or system shall annually report to the commission the amount of 
313money spent and lost by patrons who have been issued a rewards card or who participated in a 
314cashless wagering system, aggregated by zip code. Activity under this section shall be monitored 
315by the commission. Individuals on the list of excluded persons shall not be permitted to 
316participate in a cashless wagering system. Furthermore, an operator or qualified gaming entity  16 of 17
317shall issue to each patron who has been issued a rewards card or who participates in a cashless 
318wagering system by the operator or qualified gaming entity a hard, paper copy of a brochure that 
319contains all information and resources made available by the state and the commission to help 
320with problem gambling, including but not limited to Gamesense, PlayMyWay, and Voluntary 
321Self-Exclusion. 
322 (i) A licensee under this chapter shall not exclude any individual from its platform or 
323limit the wagers or potential winnings of any individual except when based on: (i) a section of 
324this chapter; or (ii) a preexisting term of service of the licensee that is clearly disclosed to the 
325individual upon logging into the app of the licensee. 
326 SECTION 17. Paragraph (2) of subsection (e) of section 13 of said chapter 23N, as so 
327appearing, is hereby amended by inserting after the second sentence the following sentence:- The 
328commission shall provide for an online method and a phone method, in addition to any other 
329method it finds reasonable 	and necessary, for persons to place themselves on the list of self-
330excluded persons.
331 SECTION 18. Said subsection (e) of said section 13 of said chapter 23N, as so appearing, 
332is hereby further amended by adding the following paragraph:-
333 (4) A sports wagering operator or qualified gaming entity shall not market to persons on 
334any excluded persons list in any form, including but not limited to marketing by mail, by app 
335notifications, by digital ads or by ads contracted to display in other companies’ advertisements. 
336A sports wagering operator or qualified gaming entity shall use all technological means 
337available, including but not limited to microtargeting via cookies, Internet Protocol addresses and 
338other digital fingerprints, to prevent their ads from being served to individuals on any excluded  17 of 17
339persons list, established pursuant to this section. The commission shall promulgate regulations, 
340pursuant to chapter 30A, including penalties for noncompliance, for the implementation of this 
341section.
342 SECTION 19. Section 16 of said chapter 23N, as so appearing, is hereby amended by 
343adding the following subsection:-
344 (j) To further effectuate the purposes of this chapter with respect to the investigation and 
345enforcement of sports wagering operators and qualified gaming entities, the investigations and 
346enforcement bureau in the commission may obtain or provide pertinent information regarding 
347applicants or licensees from or to law enforcement entities or gaming authorities or sports 
348wagering regulatory authorities and other domestic, federal or foreign jurisdictions, including the 
349Federal Bureau of Investigation, and may transmit such information to each other electronically.