Sponsored by:
Senator JOHN F. MCKEON
District 27 (Essex and Passaic)
SYNOPSIS
Permits civil liability against casinos and simulcast facilities for reckless indifference or intentional misconduct toward persons self-excluded from gaming activities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning civil liability of casino and simulcast facilities and amending 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.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. 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.
This subsection shall not be construed to limit the liability of a licensed casino or simulcasting facility or employee thereof to any self-excluded person or to any other party in any judicial proceeding for any harm, monetary or otherwise, which is caused by acts or omissions constituting reckless indifference or intentional misconduct toward 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)
2. This act shall take effect immediately.
STATEMENT
This bill permits civil liability against casinos and simulcast facilities, and their employees, for their failure to withhold gaming privileges from, or restore gaming privileges to, persons voluntarily participating in the New Jersey Casino Self-Exclusion Program, or for permitting a self-excluded person to engage in gaming activity while on the self-exclusion list, if the casinos and simulcast facilities, or their employees, acted with reckless indifference or intentional misconduct against self-excluded persons.
Under current law, a licensed casino or simulcasting facility, and their employees, cannot be held civilly liable to any party in any judicial proceeding for any harm which may arise as a result from their failure to withhold gaming privileges from, or restore gaming privileges to, or for permitting a self-excluded person to engage in gaming activity.
The New Jersey Casino Gambling Self-Exclusion Program was established in 2001 to allow people with a gambling problem to voluntarily exclude themselves from gambling in all Atlantic City casinos. In 2013, the program was expanded to also include self-exclusion for Internet gaming activities.