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.

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
 1   Amending Title 4 (Amusements) of the Pennsylvania Consolidated
 2      Statutes, in administration and enforcement, further
 3      providing for list of persons self excluded from gaming
 4      activities and for prohibited acts and penalties.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.      Section 1516(c) introductory paragraph of Title 4
 8   of the Pennsylvania Consolidated Statutes is amended and the
 9   section is amended by adding subsections to read:
10   § 1516.    List of persons self excluded from gaming activities.
11      * * *
12      (c)    Liability.--[A] Subject to subsections (c.1) and (c.2),
13   a licensed gaming entity or employee thereof shall not be liable
14   to any self-excluded person or to any other party in any
15   judicial proceeding for any harm, monetary or otherwise, which
16   may arise as a result of:
17             * * *
18      (c.1)    Prohibition against direct marketing to self-excluded
 1   persons.--A licensed gaming entity or gaming employee:
 2          (1)   Shall ensure that a self-excluded person does not
 3      receive direct advertising or marketing materials that
 4      communicate inducements, promotions, bonuses, credits,
 5      rewards, free plays or other offers from the licensed gaming
 6      entity, including, but not exclusive of, direct mail, email,
 7      texts, telephone calls and direct messaging via social media.
 8          (2)   Shall ensure that all direct marketing lists are
 9      kept updated to ensure that all self-excluded persons are not
10      directly targeted with advertising or marketing materials
11      that offer promotions, credits, bonuses or other offers.
12          (3)   May not permit a self-excluded person to be able to
13      redeem points, bonuses, free plays, comps or risk-free bets
14      while on the exclusion list.
15          (4)   Shall deny access to complimentary services or
16      items, check-cashing privileges, player reward programs and
17      other similar benefits and perquisites to persons on a self-
18      excluded list.
19          (5)   May not extend credit to any individual on the self-
20      exclusion list.
21          (6)   May not permit participation in a cashless wagering
22      system to any individual on the self-exclusion list.
23          (7)   May not pay any winnings, money, credits or anything
24      of value derived from gaming to an individual on the
25      voluntary self-exclusion list.
26      (c.2)   Duty to maintain and update self-exclusion and no-
27   marketing lists.--
28          (1)   A licensed gaming entity shall immediately remove a
29      self-excluded person's name, resident address, email address,
30      telephone number, contact information or any other means of

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 1      communication or contact from the list of patrons to whom
 2      direct marketing materials and promotions are sent while the
 3      self-excluded person's name appears on the list of persons
 4      self-excluded from gaming activities, including interactive
 5      gaming, at all licensed facilities.
 6             (2)   A licensed gaming entity shall update the licensed
 7      gaming entity's internal management system to track
 8      individuals on the self-exclusion list at least every 48
 9      hours to ensure that names of individuals are added or
10      removed from the self-exclusion list and concomitantly
11      removed from any list or database utilized for direct
12      marketing and advertising.
13             (3)   A licensed gaming entity may share the list of
14      voluntary self-excluded persons with an affiliate or related
15      entities in other facilities or jurisdictions for the purpose
16      of assisting in the proper administration of responsible
17      gaming programs operated by a licensed gaming entity and its
18      affiliates and related entities. A licensed gaming entity
19      shall include the name and all contact information of persons
20      on the self-exclusion list in the licensed gaming entity's
21      aggregated no-marketing list to be shared with marketing
22      contractors and other third-party agents retained for or
23      involved in the distribution of advertising and marketing
24      materials on behalf of the licensed gaming entity.
25      * * *
26      Section 2.     Section 1518(b)(1)(ii) and (2) of Title 4 are
27   amended and subsection (a) is amended by adding paragraphs to
28   read:
29   § 1518.    Prohibited acts; penalties.
30      (a)    Criminal offenses.--

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 1          * * *
 2          (18)    It shall be unlawful for a licensed gaming entity
 3    to send or transmit direct advertising or marketing materials
 4    that offer promotions, credits, bonuses or other offers to
 5    individuals who appear on the self-exclusion list.
 6          (19)    It shall be unlawful for a licensed gaming entity
 7    to fail to maintain updated lists of persons on the self-
 8    exclusion list and a related no-marketing list that includes
 9    self-excluded persons.
10    (b)   Criminal penalties and fines.--
11          (1)    * * *
12                 (ii)    A person that violates subsection (a)(2), (3)
13          and (4) through (12) or (17), (18) and (19) commits a
14          misdemeanor of the first degree. A person that is
15          convicted of a second or subsequent violation of
16          subsection (a)(2), (3) and (4) through (12) or (17), (18)
17          and (19) commits a felony of the second degree.
18          (2)    (i)     For a first violation of subsection (a)(1)
19          through (12) or (17), (18) and (19), a person shall be
20          sentenced to pay a fine of:
21                        (A)   not more than $150,000 if the person is an
22                 individual;
23                        (B)   not less than $300,000 nor more than
24                 $600,000 if the person is a licensed gaming entity or
25                 an interactive gaming operator; or
26                        (C)   not less than $150,000 nor more than
27                 $300,000 if the person is a licensed manufacturer or
28                 supplier.
29                 (ii)    For a second or subsequent violation of
30          subsection (a)(1), (2), (3) and (4) through (12) or (17),

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 1        (18) and (19), a person shall be sentenced to pay a fine
 2        of:
 3                   (A)    not more than $300,000 if the person is an
 4              individual;
 5                   (B)    not less than $600,000 nor more than
 6              $1,200,000 if the person is a licensed gaming entity;
 7              or
 8                   (C)    not less than $300,000 nor more than
 9              $600,000 if the person is a licensed manufacturer or
10              supplier.
11        * * *
12    Section 3.     This act shall take effect in 60 days.




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