Pennsylvania SB 266: An Act amending Title 4 (Amusements) of the Pennsylvania Consolidated Statutes, in administration and enforcement, further providing for list of persons self excluded from gaming activities and for prohibited acts and penalties.

Bill Text

PRINTER'S NO. 218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 266
Session of
2025
INTRODUCED BY FONTANA, HAYWOOD, KANE, COSTA, BAKER, TARTAGLIONE,
MILLER, KEARNEY, COMITTA, COLLETT, PISCIOTTANO AND MUTH,
FEBRUARY 20, 2025
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
FEBRUARY 20, 2025
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in administration and enforcement, further
providing for list of persons self excluded from gaming
activities and for prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1516(c) introductory paragraph of Title 4
of the Pennsylvania Consolidated Statutes is amended and the
section is amended by adding subsections to read:
§ 1516. List of persons self excluded from gaming activities.
* * *
(c) Liability.--[A] Subject to subsections (c.1) and (c.2),
a licensed gaming entity 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:
* * *
(c.1) Prohibition against direct marketing to self-excluded
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persons.--A licensed gaming entity or gaming employee:
(1) Shall ensure that a self-excluded person does not
receive direct advertising or marketing materials that
communicate inducements, promotions, bonuses, credits,
rewards, free plays or other offers from the licensed gaming
entity, including, but not exclusive of, direct mail, email,
texts, telephone calls and direct messaging via social media.
(2) Shall ensure that all direct marketing lists are
kept updated to ensure that all self-excluded persons are not
directly targeted with advertising or marketing materials
that offer promotions, credits, bonuses or other offers.
(3) May not permit a self-excluded person to be able to
redeem points, bonuses, free plays, comps or risk-free bets
while on the exclusion list.
(4) Shall deny access to complimentary services or
items, check-cashing privileges, player reward programs and
other similar benefits and perquisites to persons on a self-
excluded list.
(5) May not extend credit to any individual on the self-
exclusion list.
(6) May not permit participation in a cashless wagering
system to any individual on the self-exclusion list.
(7) May not pay any winnings, money, credits or anything
of value derived from gaming to an individual on the
voluntary self-exclusion list.
(c.2) Duty to maintain and update self-exclusion and no-
marketing lists.--
(1) A licensed gaming entity shall immediately remove a
self-excluded person's name, resident address, email address,
telephone number, contact information or any other means of
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communication or contact from the list of patrons to whom
direct marketing materials and promotions are sent while the
self-excluded person's name appears on the list of persons
self-excluded from gaming activities, including interactive
gaming, at all licensed facilities.
(2) A licensed gaming entity shall update the licensed
gaming entity's internal management system to track
individuals on the self-exclusion list at least every 48
hours to ensure that names of individuals are added or
removed from the self-exclusion list and concomitantly
removed from any list or database utilized for direct
marketing and advertising.
(3) A licensed gaming entity may share the list of
voluntary self-excluded persons with an affiliate or related
entities in other facilities or jurisdictions for the purpose
of assisting in the proper administration of responsible
gaming programs operated by a licensed gaming entity and its
affiliates and related entities. A licensed gaming entity
shall include the name and all contact information of persons
on the self-exclusion list in the licensed gaming entity's
aggregated no-marketing list to be shared with marketing
contractors and other third-party agents retained for or
involved in the distribution of advertising and marketing
materials on behalf of the licensed gaming entity.
* * *
Section 2. Section 1518(b)(1)(ii) and (2) of Title 4 are
amended and subsection (a) is amended by adding paragraphs to
read:
§ 1518. Prohibited acts; penalties.
(a) Criminal offenses.--
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* * *
(18) It shall be unlawful for a licensed gaming entity
to send or transmit direct advertising or marketing materials
that offer promotions, credits, bonuses or other offers to
individuals who appear on the self-exclusion list.
(19) It shall be unlawful for a licensed gaming entity
to fail to maintain updated lists of persons on the self-
exclusion list and a related no-marketing list that includes
self-excluded persons.
(b) Criminal penalties and fines.--
(1) * * *
(ii) A pe