Effective Public Health Messaging on Gambling Harms

A BILL FOR AN ACT

RELATING TO MOBILE SPORTS WAGERING; ESTABLISHING A STATEWIDE PUBLIC HEALTH
EDUCATION CAMPAIGN ON GAMBLING ADDICTION AND FINANCIAL HARMS; REQUIRING MESSAGE
QUALITY STANDARDS AND EVALUATION; PROVIDING FUNDING THROUGH OPERATOR
ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:

SECTION 1. SHORT TITLE.
This Act may be cited as the "Sports Wagering Public Health Messaging Act".

SECTION 2. DEFINITIONS.
In this Act:
  (1) "Department" means the [STATE DEPARTMENT OF HEALTH] or successor agency.
  (2) "Commission" means the [STATE GAMING COMMISSION] or successor agency.
  (3) "Operator" means a person licensed or otherwise authorized under [STATE LAW] to conduct
      mobile sports wagering in this State.

SECTION 3. STATEWIDE PUBLIC HEALTH EDUCATION CAMPAIGN.
  (a) Campaign required. The Department, in consultation with the Commission, shall develop and
      implement a statewide public health education campaign addressing the risks of mobile sports
      wagering, including gambling addiction and financial harms.

  (b) Standards. The campaign shall:
        (1) use clear, plain-language messaging that communicates material risks, not vague
            generalities;
        (2) include the State problem-gambling helpline and how to access support;
        (3) be culturally and linguistically appropriate for populations in this State; and
        (4) be designed to reach populations at elevated risk of harm, including young adults.

  (c) Minimum message themes. The campaign shall include messages that, at minimum, address:
        (1) that mobile sports wagering products are designed to increase betting frequency and can
            be addictive;
        (2) that gambling can cause severe financial harms, including loss of savings and bankruptcy;
        (3) that young adults are at heightened risk of developing problematic gambling behaviors; and
        (4) that early help-seeking is important (not only after catastrophic losses).

  (d) Media. The Department may use multiple media channels, including billboards, transit ads,
      online ads, social media, and other channels consistent with public health best practices.

SECTION 4. EVALUATION AND REPORTING.
  (a) Evaluation plan. The Department shall develop an evaluation plan to assess campaign reach
      and effectiveness, including message efficacy testing as required by subsection (b).

  (b) Message efficacy polling. To ensure the campaign uses high-impact language, the Department
      shall conduct or commission public opinion polling to test the efficacy of proposed campaign
      message language before statewide dissemination and at least once every [2] years thereafter.
      The polling shall:
        (1) test multiple message variants and measure performance on objective criteria established
            by the Department, which shall include, at minimum, comprehension of material risks and
            awareness of how to access support;
        (2) use a statistically valid, demographically representative sample of adult residents of this
            State, and, where feasible, include adequate sampling of populations at elevated risk of harm,
            including young adults; and
        (3) be documented in a manner that is auditable and reproducible.

  (c) Use of results. The Department shall use polling results to select and refine campaign message
      language and shall prioritize message variants that demonstrate superior performance on the
      criteria established under subsection (b)(1).

  (d) Annual report. Not later than [September 1] of each year, the Department shall submit a
      report to the Governor and Legislature summarizing:
        (1) campaign activities and expenditures;
        (2) evaluation results; and
        (3) recommendations for improvements.

SECTION 5. FUNDING.
  (a) Assessment. The Commission shall assess each Operator an annual fee sufficient to cover
      the reasonable costs of the campaign and evaluation required by this Act.

  (b) Dedicated account. Fees collected under this section shall be deposited into a dedicated
      account and may be expended only for purposes of this Act.

SECTION 6. RULEMAKING; COORDINATION.
  (a) The Department may adopt rules as necessary to implement this Act.

  (b) The Commission shall provide data to the Department in aggregated, non-identifying form
      to support campaign targeting and evaluation, as permitted by law.

SECTION 7. SEVERABILITY.
If any provision of this Act or its application is held invalid, the invalidity does not affect
other provisions or applications of this Act that can be given effect without the invalid
provision or application.

SECTION 8. EFFECTIVE DATE.
This Act takes effect on [DATE].