5-1206. Problem gambling; self-exclusion list; program; liabilities
A. A fantasy sports contest operator shall develop a procedure to inform fantasy sports contest players that help is available if an individual has a problem with gambling and, at a minimum, provide the statewide toll-free helpline telephone number, text message and website information established by the department.
B. The department and the fantasy sports contest operator shall comply with the following requirements to allow problem gamblers to voluntarily exclude themselves from fantasy sports contests statewide:
1. The department shall establish a list of persons who acknowledge, in a manner to be established by rule, that they have a compulsive play problem and voluntarily seek to exclude themselves from fantasy sports contests statewide. The department shall establish procedures for the placement on and removal from the list of self-excluded persons. Only a person seeking voluntary self-exclusion shall be allowed to include the person's name on the self-exclusion list of the department.
2. The fantasy sports contest operator shall establish procedures for advising persons who inquire about self-exclusion and offer self-exclusion application forms provided by the department to those persons when requested.
3. The department shall compile identifying information concerning self-excluded persons. Such information shall contain, at a minimum, the full name and any aliases of the person, a photograph of the person, the social security or driver's license number of the person and the current physical and electronic contact information, including mailing address, of the person.
4. The department, on a weekly basis, shall provide the compiled information to fantasy sports contest operators. Fantasy sports contest operators shall treat the information received from the department under this section as confidential, and the information may not be disclosed except to vendors approved by the department for purposes of complying with this section, appropriate law enforcement agencies if needed in conducting an official investigation, or unless ordered by a court of competent jurisdiction.
5. A fantasy sports contest operator shall check the most recent self-excluded persons list provided by the department before creating a player account for any self-excluded person. A fantasy sports contest operator shall revoke a player account and remove all self-excluded persons from all marketing lists of the fantasy sports contest operator.
6. A fantasy sports contest operator shall take reasonable steps to ensure that persons on the department's list of self-excluded persons are denied access to all fantasy sports contests.
7. A fantasy sports contest operator shall take reasonable steps to identify self-excluded persons.
8. If a self-excluded person participates in a fantasy sports contest, the fantasy sports contest operator shall report to the department, at a minimum, the name of the self-excluded person, the date of participation, the amount or value of any monies, prizes or awards forfeited, if any, and any other action taken. The report shall be provided to the department within twenty-four hours of discovery.
C. A fantasy sports contest operator may not pay any prize or award to a person who is on the department's self-exclusion list. Any prize or award won by a person on the self-exclusion list shall be forfeited and shall be donated by the fantasy sports contest operator to the department's division of problem gambling on a quarterly basis by the twenty-fifth day of the following month.
D. Notwithstanding any other provision of this chapter, the department's list of self-excluded persons is not open to public inspection.
E. A fantasy sports contest operator shall develop and maintain a program to mitigate compulsive play and curtail compulsive play, which may be in conjunction with the department.