Sec. 106. Compulsive gaming, responsible gaming, and self-exclusion program requirements
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/bill/114/hr/2888/ih/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each qualified regulatory authority shall, before issuing any licenses under this title, establish requirements for the development of a gambling addiction, responsible gaming, and self exclusion program that each licensee of that qualified regulatory authority shall implement as a condition of licensure. Such requirements shall also provide for the establishment of a program to alert the public to the existence, consequences, and availability of the self-exclusion list established under subsection (c).
At a minimum, each qualified regulatory authority shall require that licensees— provide informational materials written in plain language about responsible gaming, including information about the self-exclusion list established under subsection
(c)and how a player may request placement on the list, each time a player signs in to make a bet or wager, which materials shall be provided via a prominently displayed hyperlink or comparable mechanism; provide informational materials about responsible gaming to any player that requests such materials; make continuously available individualized responsible gaming options that any customer may choose, including allowing customers to self-limit their deposit, time and bet amounts, as well as self-limit their access to the issuance of credit, check cashing, or direct mail marketing by the licensee, in each case as and to the extent that the qualified regulatory authority may consider appropriate; ensure to a reasonable degree of certainty that persons on the list of self-excluded persons established pursuant to subsection
(c)are prevented from initiating any bets or wagers within the scope of this title; ensure that the information required under this subsection is clearly and prominently made available by the licensee in each language in which services of the Internet poker facility of the licensee are offered; and ensure that the qualified regulatory authority adopt any practices that the Secretary recommends to protect consumers, taking into account the National Council on Problem Gambling Internet Responsible Gambling Standards. Each qualified regulatory authority shall establish and maintain a list of persons self-excluded from playing Internet poker through Internet poker facilities licensed by the qualified regulatory authority. Each week, each qualified regulatory authority shall submit to the Secretary a current copy of the list. The Secretary shall establish and maintain a master list of all persons self-excluded from playing Internet poker through Internet poker facilities licensed under this title. Such list shall consist of all persons submitted under subparagraph (A). The Secretary shall make the master list available to all qualified regulatory authorities and licensees. Any person may request placement on the list of self-excluded persons by— acknowledging in a manner to be established by each qualified regulatory authority with respect to its licensees that the person wishes to be denied gaming privileges within the scope of this title; and 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 any Internet poker facility of a licensee. Except as provided in subparagraph (B), the United States, the Secretary, a qualified regulatory authority, the State, or federally recognized Indian tribe in which that qualified regulatory authority is located, an enforcement agent, licensee, or any employee or agent thereof, shall not be liable to any self-excluded person or to any other party in any judicial or administrative proceeding for any harm, monetary or otherwise, which may arise as a result of— any failure to withhold gaming privileges from, or to restore gaming privileges to, a self-excluded person; otherwise permitting a self-excluded person to engage in gaming activity while on the list of self-excluded persons; or disclosure of information about individuals placed on the list of self-excluded persons. A licensee or employee or agent thereof may be liable to a self-excluded person in a judicial or administrative proceeding for a harm described in subparagraph
(A)to the extent provided under the law of the State or federally recognized Indian tribe of the qualified regulatory authority that issued the license. Nothing in this paragraph shall be construed to prevent the Secretary or a qualified regulatory authority from assessing a regulatory sanction against a licensee or person for failing to comply with a provision of this section or a regulation prescribed thereunder or for misuse of any list of self-excluded persons for purposes not authorized under this section. Notwithstanding any other provision of Federal, State, or tribal law, the list of self-excluded persons shall not be open to public inspection. If necessary to effectuate the self-exclusion purposes of this subsection, any licensee may disclose the identities of persons on the self-excluded list to any significant vendor, service provider, or affiliated company to the extent that the significant vendor, service provider, or affiliated company maintains such information under confidentiality provisions comparable to those in this subsection. A person who is prohibited from gaming with a licensee by law, or by order of the Secretary, a qualified regulatory authority, or any court of competent jurisdiction, including any person on the self-exclusion list under subsection (c), shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity. In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, any prohibited person by a licensee as a result of bets or wagers made by a prohibited person after the applicable prohibition has become effective shall be subject to forfeiture by order of the Secretary or a qualified regulatory authority, following notice to the prohibited person and opportunity to be heard. Any funds forfeited pursuant to this subsection shall be deposited into the Treasury of the United States, or, in the case of a forfeiture to a qualified regulatory authority, as provided by the applicable State or tribal law. When it is made known to the Secretary or a qualified regulatory authority by a Federal or State court or a competent qualified regulatory authority involved with the administration or enforcement of a court-ordered child support payment that a particular individual is delinquent with respect to court-ordered child support payments, the Secretary shall include that individual on the list established under subsection (c). Individuals placed on the list pursuant to paragraph
(1)shall be removed from such list if the court or agency that made such individual's delinquency known to the Secretary notifies the Secretary that such individual is no longer delinquent. Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— by striking and at the end of paragraph (17); by striking the period at the end of paragraph
(18)and inserting ; and ; and by adding at the end the following: establish and implement programs for the identification, prevention, and treatment of pathological and other problem gambling. . The Secretary shall compile and make available to the public, on the Web site of the Secretary, datasets on player behavior from customer tracking data collected or generated by loyalty programs, player tracking software, online gambling transactions, or any other information system. The Secretary shall ensure that personally identifying information, including player name, street address, and bank or credit information is removed from the data. The data shall retain information on player characteristics including gender, age and region of residence, player behavior including frequency of play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, number of lines or hands played and characteristics of games played. No provision of this section shall be construed as creating a legal duty in the Secretary, a qualified regulatory authority, a licensee, or any employee or agent thereof to identify or to exclude compulsive players not on the list of self-excluded persons. The Secretary, a qualified regulatory authority, a licensee, and any employee or agent thereof, shall not be liable to any person in any proceeding for losses or other damages of any kind arising out of that person's gaming activities based on a claim that the person was a compulsive, problem, or pathological player.
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Sec. 106
Compulsive gaming, responsible gaming, and self-exclusion program requirements
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