What it does: Requires written consent from all other joint account holders before a shared bank account can be linked for gambling deposits, and allows any joint holder to revoke consent and quickly de-link the account.
Sources
24 hours (or the next business day) to
ensure consent is meaningfully revocable.
$10,000 per deposit made without valid consent is a workable deterrent floor;
consider escalation for repeat violations and mandatory restitution where feasible.
CASPR is available for legal and technical support adapting this bill to specific state contexts.
Download as Word .docxA BILL FOR AN ACT
RELATING TO MOBILE SPORTS WAGERING; REQUIRING WRITTEN CONSENT OF JOINT
ACCOUNT HOLDERS BEFORE A SHARED BANK ACCOUNT MAY BE USED TO FUND SPORTS
WAGERING; PROVIDING FOR REVOCATION, RECORDKEEPING, AND ENFORCEMENT; 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 "Joint Account Consent for Sports Wagering Act".
SECTION 2. DEFINITIONS.
In this Act:
(1) "Commission" means the [STATE GAMING COMMISSION] or successor agency.
(2) "Operator" means a person licensed or otherwise authorized under [STATE LAW] to
conduct mobile sports wagering in this State.
(3) "Patron" means an individual who opens or maintains an account with an Operator
for mobile sports wagering.
(4) "Depository account" means a checking, savings, or similar account at a federally
insured depository institution (or state-chartered equivalent).
(5) "Joint depository account" means a Depository account for which two or more natural
persons are account owners or authorized signatories with authority to withdraw funds.
(6) "Written consent" includes an electronic signature that complies with [STATE UETA / ESIGN],
in a form approved by the Commission by rule.
SECTION 3. CONSENT REQUIRED TO USE A JOINT DEPOSITORY ACCOUNT.
(a) Prohibition. An Operator shall not accept a deposit, withdrawal authorization, or other
funding transaction from a Joint depository account unless the Operator has obtained
Written consent from each joint account holder other than the Patron.
(b) Required disclosure. The Written consent shall, at minimum, disclose in plain language:
(1) that the joint account may be used to fund sports wagering and that wagering can
result in substantial losses;
(2) that consent is voluntary and may be revoked at any time by any joint account holder;
(3) that the Operator may not accept future deposits from the joint account after revocation;
(4) the State problem-gambling helpline; and
(5) instructions for revocation.
(c) Verification. The Commission shall, by rule, require Operators to take reasonable steps
to verify that each person providing Written consent is a joint account holder, which may
include account-ownership verification through bank data access, micro-deposit verification
with additional identity checks, or other methods approved by the Commission.
SECTION 4. PATRON ATTESTATION; DEFAULT RULES.
(a) Attestation required. Before linking any Depository account for funding, an Operator shall
require the Patron to attest, under penalty of perjury under [STATE LAW], whether the
account is a Joint depository account.
(b) If uncertain, treat as joint. If an Operator cannot reasonably determine whether a Depository
account is a Joint depository account, the Operator shall treat the account as a Joint
depository account for purposes of this Act unless and until the account is verified as
solely owned by the Patron.
SECTION 5. REVOCATION.
(a) Right to revoke. Any joint account holder may revoke Written consent at any time by
providing a revocation notice to the Operator in a form approved by the Commission.
(b) Effect of revocation. Upon revocation:
(1) the Operator shall promptly (and in no event later than [24 hours] after receipt)
disable the Joint depository account for deposits and funding of wagers; and
(2) the Operator shall notify the Patron that the account has been disabled for future deposits.
(c) No interference with withdrawals. Revocation does not permit an Operator to block lawful
withdrawals of the Patron's remaining sports-wagering account balance, subject to anti-fraud
and anti-money-laundering controls.
SECTION 6. RECORDKEEPING; AUDITS.
(a) Records. An Operator shall retain records of Written consents and revocations in the manner
and for the period required by Commission rule.
(b) Audits. The Commission may audit Operators for compliance, including verification of
consent records.
SECTION 7. ENFORCEMENT; PENALTIES; RULEMAKING.
(a) A violation of this Act or a rule adopted under this Act constitutes grounds for license
discipline.
(b) The Commission may impose a civil penalty of up to [$10,000] per violation. Each deposit
accepted from a Joint depository account without required Written consent is a separate
violation.
(c) The Commission shall adopt rules to implement this Act, including rules governing:
(1) consent form content and presentation;
(2) revocation procedures;
(3) verification methods; and
(4) retention and audit standards.
SECTION 8. 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 9. EFFECTIVE DATE.
This Act takes effect on [DATE].