Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0882.01 Richard Sweetman x4333
HOUSE BILL 22-1402
House Committees Senate Committees
Finance Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PROMOTE RESPONSIBLE GAMING , AND, IN101
CONNECTION THEREWITH , CREATING THE RESPONSIBLE GAMING102
GRANT
PROGRAM, ESTABLISHING FUNDING MECHANISMS TO103
SUPPORT THE GRANT PROGRAM, AND MAKING AN104
APPROPRIATION.105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill creates the responsible gaming grant program
(grant program) in the department of revenue to promote responsible
SENATE
Amended 3rd Reading
May 5, 2022
SENATE
Amended 2nd Reading
May 4, 2022
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Garnett, Amabile, Benavidez, Bernett, Bird, Duran, Esgar, Jodeh, Kipp, Lindsay, Lontine,
McCluskie, McCormick, McLachlan, Michaelson Jenet, Mullica, Ricks, Snyder, Sullivan,
Titone, Valdez A., Valdez D., Williams, Woodrow
SENATE SPONSORSHIP
Hansen, Hisey, Lee, Moreno, Priola, Rankin
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. gaming in the state. The Colorado limited gaming control commission
(gaming commission), in collaboration with the behavioral health
administration, is required to administer the grant program and award
grants to eligible applicants from money in the responsible gaming grant
program cash fund (cash fund), which is also created in the bill. An
"eligible applicant" means an agency of the state government, a local
government, or, with certain exceptions, a nonprofit organization.
The gaming commission, in collaboration with the behavioral
health administration, is required to promulgate rules to implement the
grant program. At a minimum, the rules must specify the time frames for
applying for grants, the form of the grant program application, and the
time frames for distributing grant money. To receive a grant, an eligible
applicant must submit an application that includes the following
information:
! The amount of grant money requested by the eligible
applicant;
! How the eligible applicant will spend the grant money to
address problem gaming or increase awareness of
responsible gaming;
! Information concerning any current or past projects in
which the eligible applicant has participated and that
addressed responsible gaming or problem gaming; and
! Any other information required by rules promulgated by
the gaming commission.
In reviewing applications, the gaming commission, in
collaboration with the behavioral health administration, is required to
consider certain criteria, and grantees may use grant money only for the
purposes for which the grant money is awarded.
On or before September 1, 2023, and on or before September 1
each year thereafter, each grantee must submit a report to the gaming
commission concerning the use of grant money. On or before December
1, 2023, and on or before December 1 each year thereafter for the
duration of the grant program, the gaming commission must submit a
summarized report to the legislative committees of reference.
The grant program is repealed, effective September 1, 2032.
Before the repeal, the grant program is scheduled for a sunset review by
the department of regulatory agencies.
Section 1 also requires the division of gaming (gaming division),
on and after January 1, 2023, to operate a program to exclude certain
individuals from all or certain gaming activities in the state. The gaming
division must operate the exclusion program in accordance with rules
promulgated by the gaming commission.
Section 2 requires retail gaming licensees, sports betting operators,
and internet sports betting operators (licensees) to annually submit a
report to the director of the gaming division, which report describes the
1402
-2- efforts of the licensee in the preceding year to promote responsible
gaming via advertising and other promotional methods and the licensee's
plans concerning such promotional efforts in the current state fiscal year.
Section 3 requires that on December 31, 2023, and on December
31 each year thereafter, any money credited to the wagering revenue
recipients hold-harmless fund and not distributed within 2 years after
being credited to the hold-harmless fund be transferred, as authorized by
the gaming commission, to the cash fund.
Section 4 requires that, for the 2022-23 state fiscal year and each
state fiscal year thereafter, $2.5 million be transferred from the state share
of the limited gaming fund to the cash fund.
Section 5 requires the general assembly, for the 2022-23 state
fiscal year, and for each state fiscal year thereafter, to appropriate
$200,000 from the lottery fund to the state lottery division (division) to
be expended by the division to pay for efforts to promote responsible
gaming in the state.
Section 6 limits the total amount of free bets that may be deducted
on and after January 1, 2023, for the purpose of calculating the net sports
betting proceeds of a sports betting operator or internet sports betting
operator.
Under current law, the Colorado lottery commission is required to
promulgate rules that include the method for selling tickets or shares and
the method to be used for selling instant scratch game tickets. Section 7
removes a requirement that such rules must require all such sales to be on
a cash-only basis.
Section 8 concerns the sunset repeal of the grant program, and
section 9 excludes the cash fund from the statutory limitation on
uncommitted reserves. Section 10 removes existing language concerning
individuals who are required by the gaming commission to be excluded
or ejected from any licensed gaming establishment, which language is
rendered redundant by the bill's new exclusion language. Sections 11 and
12 make conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add with amended2
and relocated provisions part 17 to article 30 of title 44 as follows:3
PART 174
MEASURES TO PROMOTE RESPONSIBLE GAMING5
44-30-1701. Definitions. A
S USED IN THIS PART 17, UNLESS THE6
CONTEXT OTHERWISE REQUIRES :7
1402-3- (1) "BEHAVIORAL HEALTH ADMINISTRATION " MEANS THE1
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED PURSUANT TO2
SECTION 27-60-203 (5)(a).3
(2) (a) "E
LIGIBLE APPLICANT" MEANS:4
(I) A
N AGENCY OF THE STATE GOVERNMENT ;5
(II) A
LOCAL GOVERNMENT; AND6
(III) E
XCEPT AS DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION,7
A NONPROFIT ORGANIZATION.8
(b) "E
LIGIBLE APPLICANT" DOES NOT INCLUDE A NONPROFIT9
ORGANIZATION OR A PUBLIC OR PRIVATE NONPROFIT FOUNDATION THAT IS :10
(I) A
FFILIATED WITH A PERSON LICENSED UNDER THIS ARTICLE 30;11
OR12
(II) F
UNDAMENTALLY OPPOSED TO GAMING .13
(3) "F
UND" MEANS THE RESPONSIBLE GAMING GRANT PROGRAM14
CASH FUND CREATED IN SECTION 44-30-1702 (8).15
(4) "G
RANT PROGRAM" MEANS THE RESPONSIBLE GAMING GRANT16
PROGRAM CREATED IN SECTION 44-30-1702 (1).17
(5) "L
OCAL GOVERNMENT" MEANS A CITY, A COUNTY, OR A CITY18
AND COUNTY.19
44-30-1702. Responsible gaming grant program - creation -20
rules - application process - cash fund created - repeal. (1) T
HE21
RESPONSIBLE GAMING GRANT PROGRAM IS HEREBY CREATED IN THE22
DEPARTMENT TO PROMOTE RESPONS IBLE GAMING AND ADDRESS PROBLEM23
GAMING IN THE STATE.24
(2) (a) T
HE COMMISSION, IN COLLABORATION WITH THE25
BEHAVIORAL HEALTH ADMINISTRATION , SHALL ADMINISTER THE GRANT26
PROGRAM AND SHALL AWARD GRANTS AS PROVIDED IN THIS SECTION .27
1402
-4- GRANTS SHALL BE PAID OUT OF THE FUND.1
(b) T
HE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,2
GRANTS, AND DONATIONS FOR THE PURPOSES OF THE GRANT PROGRAM .3
A
NY MONEY RECEIVED AS GIFTS , GRANTS, AND DONATIONS BY THE4
COMMISSION SHALL BE TRANSFERRED TO THE STATE TREASURER , WHO5
SHALL CREDIT THE MONEY TO THE FUND .6
(3) T
HE COMMISSION, IN COLLABORATION WITH THE BEHAVIORAL7
HEALTH ADMINISTRATION , SHALL PROMULGATE SUCH RULES AS ARE8
REQUIRED IN THIS SECTION AND SUCH ADDITIONAL RULES AS MAY BE9
NECESSARY TO IMPLEMENT THE GRANT PROGRAM . AT A MINIMUM, THE10
RULES MUST SPECIFY THE TIME FRAMES FOR APPLYING FOR GRANTS , THE11
FORM OF THE GRANT PROGRAM APPLICATION , AND THE TIME FRAMES FOR12
DISTRIBUTING GRANT MONEY .13
(4) T
O RECEIVE A GRANT, AN ELIGIBLE APPLICANT MUST SUBMIT14
AN APPLICATION TO THE COMMISSION IN ACCORDANCE WITH RULES15
PROMULGATED BY THE COMMISSION . AT A MINIMUM, THE APPLICATION16
MUST INCLUDE THE FOLLOWING INFORMATION :17
(a) T
HE AMOUNT OF GRANT MONEY REQUESTED BY THE ELIGIBLE18
APPLICANT;19
(b) H
OW THE ELIGIBLE APPLICANT WILL SPEND THE GRANT MONEY20
TO ADDRESS PROBLEM GAMING OR INCREASE AWARENESS OF RESPONSIBLE21
GAMING;22
(c) I
NFORMATION CONCERNING ANY CURRENT OR PAST PROJECTS23
IN WHICH THE ELIGIBLE APPLICANT HAS PARTICIPATED AND THAT24
ADDRESSED RESPONSIBLE GAMING OR PROBLEM GAMING ; AND25
(d) A
NY OTHER INFORMATION REQUIRED BY RULES PROMULGATED26
BY THE COMMISSION PURSUANT TO SUBSECTION (3) OF THIS SECTION.27
1402
-5- (5) THE COMMISSION SHALL REVIEW THE APPLICATIONS RECEIVED1
PURSUANT TO THIS SECTION. IN AWARDING GRANTS, THE COMMISSION, IN2
COLLABORATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION , SHALL3
CONSIDER THE FOLLOWING CRITERIA :4
(a) T
HE CURRENT NEEDS OF THE STATE RELATING TO RESPONSIBLE5
OR PROBLEM GAMING;6
(b) T
HE OVERALL IMPACT THAT A PROPOSED GRANT MAY HAVE ON7
RESPONSIBLE OR PROBLEM GAMING ;8
(c) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;9
(d) T
HE AMOUNT OF GRANT MONEY REQUESTED BY EACH ELIGIBLE10
APPLICANT;11
(e) W
HETHER THE ELIGIBLE APPLICANT INTENDS TO USE GRANT12
MONEY FOR ANY OF THE FOLLOWING PURPOSES :13
(I) P
REVENTION OR EDUCATION SERVICES CONCERNING GAMBLING14
ADDICTION;15
(II) C
ERTIFICATION OF GAMBLING ADDICTION COUNSELORS ;16
(III) P
UBLIC AWARENESS OF SERVICES CONCERNING GAMBLING17
ADDICTION;18
(IV) T
REATMENT OF GAMBLING ADDICTION DISORDERS ;19
(V) R
ECOVERY SERVICES; OR20
(VI) D
ATA REPORTING AND DATA SYSTEMS ; AND21
(f) A
NY OTHER CRITERIA ESTABLISHED BY RULES PROMULGATED22
BY THE COMMISSION PURSUANT TO SUBSECTION (3) OF THIS SECTION.23
(6) G
RANTEES SHALL USE GRANT MONEY ONLY FOR THE PURPOSES24
FOR WHICH THE GRANT MONEY IS AWARDED .25
(7) (a) O
N OR BEFORE SEPTEMBER 1, 2023, AND ON OR BEFORE26
S
EPTEMBER 1 EACH YEAR THEREAFTER THROUGH THE YEAR FOLLOWING27
1402
-6- THE YEAR AFTER WHICH A GRANTEE FULLY EXPENDS ITS GRANT MONEY ,1
EACH GRANTEE SHALL SUBMIT A REPORT TO THE COMMISSION . AT A2
MINIMUM, THE REPORT MUST INCLUDE THE FOLLOWING INFORMATION :3
(I) A
N INDICATION OF WHETHER THE GRANTEE ACHIEVED THE4
OBJECTIVES THAT THE GRANTEE DESCRIBED IN ITS APPLICATION FOR A5
GRANT;6
(II) A
N EVALUATION OF THE RESULTS OF THE GRANTEE 'S7
GRANT-FUNDED PROJECT;8
(III) A
DESCRIPTION OF THE IMPACT OF THE GRANTEE 'S USE OF9
GRANT MONEY ON THE COMMUNITY WITH REGARD TO RESPONSIBLE OR10
PROBLEM GAMING;11
(IV) T
HE TOTAL AMOUNT OF GRANT MONEY RECEIVED AND THE12
TOTAL AMOUNT OF GRANT MONEY EXPENDED BY THE GRANTEE ; AND13
(V) A
NY OTHER INFORMATION THAT IS REQUIRED BY RULES14
PROMULGATED BY THE COMMISSION PURSUANT TO SUBSECTION (3) OF THIS15
SECTION.16
(b) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE17
D
ECEMBER 1 EACH YEAR THEREAFTER FOR THE DURATION OF THE GRANT18
PROGRAM, THE COMMISSION SHALL SUBMIT A SUMMARIZED REPORT TO19
THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMITTEE20
OF THE HOUSE OF REPRESENTATIVES AND THE HEALTH AND HUMAN21
SERVICES COMMITTEE OF THE SENATE , OR TO ANY SUCCESSOR22
COMMITTEES, AND TO THE BEHAVIORAL HEALTH ADMINISTRATION23
CONCERNING THE GRANT PROGRAM . AT A MINIMUM, THE REPORT MUST24
INCLUDE THE FOLLOWING INFORMATION :25
(I) T
HE TOTAL NUMBER OF GRANTS , AND THE TOTAL AMOUNT OF26
GRANT MONEY, AWARDED BY THE GRANT PROGRAM IN THE PRECEDING27
1402
-7- STATE FISCAL YEAR;1
(II) T
HE IDENTITY OF EACH GRANTEE AND THE TOTAL AMOUNT OF2
GRANT MONEY AWARDED TO EACH GRANTEE IN THE PRECEDING STATE3
FISCAL YEAR;4
(III) T
HE INFORMATION REPORTED BY EACH GRANTEE PURSUANT5
TO SUBSECTIONS (7)(a)(II) AND (7)(a)(III) OF THIS SECTION; AND6
(IV) F
INANCIAL STATEMENTS CONCERNING THE STATUS OF , AND7
ACTIVITIES CONCERNING, THE FUND.8
(c) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE9
REPORTING REQUIREMENT SET FORTH IN SUBSECTION (7)(b) OF THIS10
SECTION CONTINUES UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO11
SUBSECTION (9) OF THIS SECTION.12
(8) (a) T
HE RESPONSIBLE GAMING GRANT PROGRAM CASH FUND IS13
HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF:14
(I) M
ONEY TRANSFERRED TO THE FUND FROM THE WAGERING15
REVENUE RECIPIENTS HOLD -HARMLESS FUND PURSUANT TO SECTION16
44-30-1509 (2)(c)(IV);17
(II) M
ONEY TRANSFERRED TO THE FUND FROM THE LIMITED18
GAMING FUND PURSUANT TO SECTION 44-30-701 (2)(a)(VI.5);19
(III) A
NY GIFTS, GRANTS, AND DONATIONS RECEIVED PURS UANT20
TO SUBSECTION (2)(b) OF THIS SECTION; AND21
(IV) A
NY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY22
APPROPRIATE OR TRANSFER TO THE FUND .23
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND24
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE25
FUND TO THE FUND. ANY MONEY REMAINING IN THE FUND AT THE END OF26
A FISCAL YEAR REMAINS IN THE FUND.27
1402
-8- (c) MONEY IN THE FUND IS ANNUALLY APPROPRIATED TO THE1
DEPARTMENT FOR USE BY THE COMMISSION FOR THE PURPOSES DESCRIBED2
IN THIS SECTION. ANY MONEY THAT IS AWARDED AS A GRANT TO ANY3
STATE AGENCY IS FURTHER ANNUALLY APPROPRIATED TO THE STATE4
AGENCY FOR USE BY THE STATE AGENCY CONSISTENT WITH THIS SECTION .5
(d) T
HE COMMISSION MAY EXPEND MONEY FROM THE FUND TO PAY6
THE DIRECT AND INDIRECT ADMINISTRATIVE EXPENSES INCURRED BY THE7
COMMISSION IN ADMINISTERING THE GRANT PROGRAM ; EXCEPT THAT THE8
TOTAL AMOUNT OF MONEY EXPENDED BY THE COMMISSION PURSUANT TO9
THIS SUBSECTION (8)(d) IN A STATE FISCAL YEAR MAY NOT EXCEED FIVE10
PERCENT OF THE TOTAL AMOUNT OF GRANT MONEY AWARDED BY THE11
COMMISSION IN THAT STATE FISCAL YEAR .12
(e) O
N AUGUST 31, 2032, THE STATE TREASURER SHALL TRANSFER13
ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND ON THAT14
DATE TO THE GENERAL FUND.15
(9) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.16
B
EFORE THE REPEAL, THE GRANT PROGRAM IS SCHEDULED FOR REVIEW IN17
ACCORDANCE WITH SECTION 24-34-104.18
44-30-1703. Exclusion of certain individuals from19
participation in gaming activities - duties of division - mechanism for20
self-exclusion - confidential records - rules. (1) (a) O
N AND AFTER21
J
ANUARY 1, 2023, THE DIVISION SHALL OPERATE A PROGRAM TO :22
(I) E
XCLUDE THE FOLLOWING INDIVIDUALS FROM PARTICIPATION23
IN GAMING ACTIVITIES IN THE STATE:24
(A) I
NDIVIDUALS WHO HAVE VOLUNTARILY REQUESTED TO BE25
EXCLUDED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION; AND26
(B) I
NDIVIDUALS WHO ARE REQUIRED BY THE COMMISSION TO BE27
1402
-9- EXCLUDED OR EJECTED FROM ANY LICENSED GAMING ESTABLISHMENT1
PURSUANT TO SUBSECTION (3) OR (4) OF THIS SECTION; AND2
(II) E
XCLUDE FROM CERTAIN SPO RTS BETTING INDIVIDUALS WHO3
ARE PROHIBITED FROM PLACING WAGERS ON CERTAIN SPORTING EVENTS4
PURSUANT TO SECTION 44-30-1502.5
(b) T
HE DIVISION SHALL OPERATE THE PROGRAM IN ACCORDANCE6
WITH RULES PROMULGATED BY THE COMMISSION PURSUANT TO THIS7
SECTION.8
(2) (a) T
HE DIVISION SHALL INCLUDE IN THE PROGRAM DESCRIBED9
IN SUBSECTION (1) OF THIS SECTION MECHANISMS BY WHICH INDIVIDUALS10
MAY REQUEST TO BE EXCLUDED FROM PARTICIPATION IN GAMING11
ACTIVITIES IN THE STATE, AS DESCRIBED IN SUBSECTION (1)(a)(I)(A) OF12
THIS SECTION. THE MECHANISMS MUST INCLUDE THE RECEIPT OF SUCH13
REQUESTS BY THE DIVISION IN WRITTEN, ELECTRONIC, AND TELEPHONIC14
FORM.15
(b) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE16
PERSONAL IDENTIFYING INFORMATION OF THE FOLLOWING INDIVIDUALS IS17
CONFIDENTIAL AND IS NOT SUBJECT TO THE REQUIREMENTS OF THE18
"C
OLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24:19
(I) I
NDIVIDUALS WHO REQUEST TO BE EXCLUDED FROM20
PARTICIPATION IN GAMING ACTIVITIES IN THE STATE PURSUANT TO21
SUBSECTION (2)(a) OF THIS SECTION; AND22
(II)
INDIVIDUALS WHO ARE PROHIBITED FROM PLACING WAGERS ON23
CERTAIN SPORTING EVENTS PURSUANT TO SECTION 44-30-1502 AND ARE24
THEREFORE EXCLUDED FROM CERTAIN SPORTS BETTING PURSUANT TO25
SUBSECTION (1)(a)(II) OF THIS SECTION.26
(3) [Formerly 44-30-1001 (2)] The commission may
SHALL by27
1402
-10- rule provide for the establishment of a list of persons who are to be1
excluded or ejected from any licensed gaming establishment, including2
any person whose presence in the establishment is determined to pose a3
threat to the interest of the state of Colorado or to licensed gaming. or4
both. In making the determination for exclusion, the commission may5
consider any of the following:6
(a) Prior conviction of a felony, a misdemeanor involving moral7
turpitude, or a violation of the gaming laws OR GAMING RULES of any8
OTHER state, the United States or any of its possessions or territories,9
including OR AN Indian tribes TRIBE;10
(b) A violation,
AN attempt to violate, or A conspiracy to violate11
the provisions of this article 30 relating to:12
(I) The failure to disclose an interest in a gaming establishment for13
which the person must obtain a license or
TO make disclosures to the14
commission; or15
(II) Intentional evasion of fees or taxes;16
(III) A reputation that would adversely affect public confidence17
and trust that the gaming industry is free from criminal or corruptive18
influences;19
(IV) Prior exclusion or ejection
FROM A GAMING ESTABLISHMENT20
under the
LAWS OR gaming rules of any other state, the United States OR21
any of its possessions or territories, or an Indian tribe; that regulates
22
gaming; OR23
(V) Career or professional offenders or associates of career or24
professional offenders and any others as defined by rule of the25
commission.26
(c) [Formerly 44-30-1001 (3)] If the name and description of any27
1402
-11- person is placed on the exclusion list OF PERSONS TO BE EXCLUDED OR1
EJECTED DESCRIBED IN THIS SUBSECTION (3), the commission shall serve2
notice of that action upon the person by at least one of the following3
means:4
(a) By personal service,5
(b) by certified mail to the last-known address of the person, or6
(c) by publication in one or more official newspapers in Teller and7
Gilpin counties
IN Colorado. A person placed upon the exclusion AND8
EJECTION list may contest that action by filing a written protest with the9
commission, and the
COMMISSION SHALL HEAR THE protest shall be heard
10
by the commission as a contested case.11
(d) [Formerly 44-30-1001 (4)] The commission may impose12
sanctions upon any licensee in accordance with the provisions of this13
article 30 if the licensee
KNOWINGLY fails to exclude or eject from the14
licensed premises any person placed by the commission on the list of15
persons to be excluded or ejected from licensed gaming establishments16
PURSUANT TO THIS SUBSECTION (3), which sanctions may include but not
17
be limited to, suspension, revocation, limitation, modification, denial, or18
restriction of any license.19
(4) [Formerly 44-30-1002] (a) The commission, by rule, and20
notwithstanding the provisions of section 44-30-1001 SUBSECTION (3) OF21
THIS SECTION, may list persons to be excluded or ejected from any22
licensed gaming establishment effective October 1, 1991, if the23
commission finds that listing the persons on an emergency basis is24
necessary to avoid danger to the public safety and if the public confidence25
and trust would be maintained only if the persons were ARE listed on such26
an emergency basis.27
1402
-12- (b) Notwithstanding the provisions of section 24-4-103 (6), the1
listing of persons A PERSON to be excluded or ejected pursuant to this2
section SUBSECTION (4) expires one year after the adoption of the list,3
unless the provisions of section 44-30-1001 SUBSECTION (3) OF THIS4
SECTION are followed for permanent listing.5
(c) With respect to the finding of danger to public safety, the6
commission shall consider whether the persons have A PERSON HAS been7
listed on the list of persons
TO BE excluded or ejected under the laws and8
gaming rules of the states of Nevada, New Jersey,
OR South Dakota and
9
OR any other states; the United States OR its territories or possessions; or10
any AN Indian tribe. regulating gaming.11
(d) Any rule adopted pursuant to this section SUBSECTION (4) shall12
be followed within thirty days after the emergency listing by the13
procedures set forth in section 44-30-1001 SUBSECTION (3) OF THIS14
SECTION. A listing pursuant to this section SUBSECTION (4) must be15
vacated upon the conclusion of the rule-making proceeding initiated16
under section 44-30-1001 SUBSECTION (3) OF THIS SECTION if a17
determination is made by the commission DETERMINES that a person18
should not have been placed on the list of persons to be excluded or19
ejected.20
(5) O
N OR BEFORE NOVEMBER 1, 2022, THE COMMISSION SHALL21
PROMULGATE RULES FOR THE OPERATION OF THE PROGRAM DESCRIBED IN22
SUBSECTIONS (1) AND (2) OF THIS SECTION. THE RULES MUST INCLUDE THE23
ESTABLISHMENT OF A LIST OF INDIVIDUALS TO BE EXCLUDED OR EJECTED24
FROM ALL GAMING ACTIVITIES IN THE STATE PURSUANT TO SUBSECTION25
(1)(a)
OF THIS SECTION, WHICH LIST IS ACCESSIBLE TO ALL LICENSED26
GAMING OPERATORS , INCLUDING SPORTS BETTING OPERATORS AND27
1402
-13- INTERNET SPORTS BETTING OPERATORS .1
SECTION 2. In Colorado Revised Statutes, add 44-30-531 as2
follows:3
44-30-531. Responsible gaming - advertising and promotional4
efforts - reports of certain licensees required - confidential records.5
(1) O
N OR BEFORE OCTOBER 1, 2023, AND ON OR BEFORE OCTOBER 16
EACH YEAR THEREAFTER, THE FOLLOWING LICENSEES SHALL SUBMIT TO7
THE DIRECTOR A REPORT THAT DESCRIBES THE EFFORTS OF THE LICENSEE8
IN THE PRECEDING STATE FISCAL YEAR TO PROMOTE RESPONSIBLE GAMING9
IN THE STATE VIA ADVERTISING AND OTHER PROMOTIONAL METHODS AND10
THE LICENSEE'S PLANS CONCERNING SUCH PROMOTIONAL EFFORTS IN THE11
CURRENT STATE FISCAL YEAR:12
(a) R
ETAIL LICENSEES, AS DESCRIBED IN SECTION 44-30-501 (1)(c);13
(b) S
PORTS BETTING OPERATORS , AS DEFINED IN SECTION14
44-30-1501
(11); AND15
(c) I
NTERNET SPORTS BETTING OPERATORS , AS DEFINED IN SECTION16
44-30-1501
(5).17
(2) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , A REPORT18
SUBMITTED TO THE DIRECTOR PURSUANT TO SUBSECTION (1) OF THIS19
SECTION IS CONFIDENTIAL AND IS NOT SUBJECT TO THE REQUIREMENTS OF20
THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE21
24.22
SECTION 3. In Colorado Revised Statutes, 44-30-1509, amend23
(2)(d) and (2)(e); and add (2)(c)(IV) as follows:24
44-30-1509. Sports betting fund - wagering revenue recipients25
hold-harmless fund - creation - rules - definitions - repeal. (2) From26
the money in the sports betting fund, to the extent the unexpended and27
1402
-14- unencumbered balance in the fund so permits, the state treasurer shall: 1
(c) Third, transfer an amount equal to six percent of the full fiscal2
year sports betting tax revenues to the wagering revenue recipients3
hold-harmless fund, referred to in this section as the "hold-harmless4
fund", which is hereby created in the state treasury, from which the state5
treasurer shall make disbursements as directed by the commission as6
follows:7
(IV) O
N DECEMBER 31, 2023, AND ON DECEMBER 31 OF EACH8
YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER ANY MONEY9
CREDITED TO THE HOLD-HARMLESS FUND AND NOT DISBURSED WITHIN10
TWO YEARS AFTER THE DATE ON WHICH THE MONEY IS CREDITED TO THE11
HOLD-HARMLESS FUND, AS AUTHORIZED BY THE COMMISSION , TO THE12
RESPONSIBLE GAMING GRANT PROGRAM CASH FUND CREATED IN SECTION13
44-30-1702
(8).14
(d) (I) Fourth, transfer one hundred thirty thousand dollars15
annually to the office of behavioral health in the department of human16
services, to be used as follows:17
(I)
(A) Thirty thousand dollars for the operation of a crisis hotline18
for gamblers by Rocky Mountain Crisis Partners or its successor19
organization; and20
(II) (B) One hundred thousand dollars for prevention, education,21
treatment, and workforce development by, and including the payment of22
salaries of, counselors certified in the treatment of gambling disorders.23
(II) T
HIS SUBSECTION (2)(d) IS REPEALED, EFFECTIVE DECEMBER24
31,
2023.25
(e) (I) Fifth
FOURTH, transfer all remaining unexpended and26
unencumbered money in the fund to the water plan implementation cash27
1402
-15- fund created in section 37-60-123.3.1
SECTION 4. In Colorado Revised Statutes, 44-30-701, amend2
(2)(a)(VI) and (2)(a)(VII); and add (2)(a)(VI.5) as follows:3
44-30-701. Limited gaming fund - created - repeal.4
(2) (a) Except as provided in subsection (2)(b) or (2)(c) of this section,5
at the end of the 2012-13 state fiscal year and at the end of each state6
fiscal year thereafter, the state treasurer shall transfer the state share as7
follows:8
(VI) Five hundred thousand dollars to the Colorado office of film,9
television, and media operational account cash fund created in section10
24-48.5-116, for the operation of the Colorado office of film, television,11
and media, for the performance-based incentive for film production in12
Colorado as specified in section 24-48.5-116, and for the Colorado office13
of film, television, and media loan guarantee program as specified in14
section 24-48.5-115; and15
(VI.5) F
OR THE 2022-23 STATE FISCAL YEAR AND EACH STATE16
FISCAL YEAR THEREAFTER , TWO MILLION FIVE HUNDRED THOUSAND17
DOLLARS TO THE RESPONSIBLE GAMING GRANT PROGRAM CASH FUND18
CREATED IN SECTION 44-30-1702 (8); AND19
(VII) Any amount of the state share that exceeds the transfers20
specified in subsections (2)(a)(I) to (2)(a)(VI)
(2)(a)(VI.5) of this section21
shall be transferred to the general fund.22
SECTION 5. In Colorado Revised Statutes, 44-40-111, add (1.5)23
as follows:24
44-40-111. Lottery fund - creation - definitions. (1.5) F
OR THE25
2022-23
STATE FISCAL YEAR, AND FOR EACH STATE FISCAL YEAR26
THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE TWO27
1402
-16- HUNDRED THOUSAND DOLLARS FROM THE LOTTERY FUND TO THE DIVISION1
TO COVER EXPENSES RELATING TO THE DIVISION 'S EFFORTS TO PROMOTE2
RESPONSIBLE GAMING IN THE STATE.3
SECTION 6. In Colorado Revised Statutes, 44-30-1501, amend4
(7) as follows:5
44-30-1501. Definitions - rules - repeal. Definitions applicable6
to this part 15 also appear in section 44-30-103 and article 1 of this title7
44. As used in this part 15, unless the context otherwise requires:8
(7) (a) "Net sports betting proceeds" means the total amount of all9
bets placed by players in a sports betting operation or internet sports10
betting operation, excluding free bets, less all payments to players, LESS11
FREE BETS AS DESCRIBED IN SUBSECTIONS (7)(b) AND (7)(c) OF THIS12
SECTION, and less all excise taxes paid pursuant to federal law. Payments13
to players include all payments of cash premiums, merchandise, or any14
other thing of value.15
(b) (I) U
NTIL JANUARY 1, 2023, WHEN DETERMINING THE FREE16
BETS DEDUCTION USED FOR CALCULATING "NET SPORTS BETTING17
PROCEEDS" EACH MONTH, AS DESCRIBED IN SUBSECTION (7)(a) OF THIS18
SECTION, A SPORTS BETTING OPERATOR OR INTERNET SPORTS B ETTING19
OPERATOR MAY:20
(A)
INCLUDE ALL FREE BETS PLACED BY PLAYERS WITH THE SPORTS21
BETTING OPERATOR OR INTERNET SPORTS BETTING OPERATOR ; AND22
(B)
CARRY FORWARD ANY UNUSED FREE BET CREDITS23
ACCUMULATED ON OR BEFORE NOVEMBER 30, 2022.24
(II) T
HIS SUBSECTION (7)(b) IS REPEALED, EFFECTIVE JULY 1, 2023.25
(c) (I) O
N AND AFTER JANUARY 1, 2023, WHEN DETERMINING THE26
FREE BETS DEDUCTION USED FOR CALCULATING "NET SPORTS BETTING27
1402
-17- PROCEEDS" EACH MONTH, AS DESCRIBED IN SUBSECTION (7)(a) OF THIS1
SECTION, A SPORTS BETTING OPERATOR OR INTERNET SPORTS BETTING2
OPERATOR SHALL INCLUDE ONLY A PORTION OF THE TOTAL FREE BETS3
PLACED BY PLAYERS WITH THE SPORTS BETTING OPERATOR OR INTERNET4
SPORTS BETTING OPERATOR, AS FOLLOWS:5
(A) O
N AND AFTER JANUARY 1, 2023, THROUGH JUNE 30, 2024, NO6
MORE THAN TWO AND ONE-HALF PERCENT OF THE TOTAL AMOUNT OF ALL7
BETS PLACED BY PLAYERS WITH THAT SPORTS BETTING OPERATOR OR8
INTERNET SPORTS BETTING OPERATOR EACH MONTH ;9
(B) O
N AND AFTER JULY 1, 2024, THROUGH JUNE 30, 2025, NO10
MORE THAN TWO AND ONE -FOURTH PERCENT OF THE TOTAL AMOUNT OF11
ALL BETS PLACED BY PLAYERS WITH THAT SPORTS BETTING OPERATOR OR12
INTERNET SPORTS BETTING OPERATOR EACH MONTH ;13
(C) O
N AND AFTER JULY 1, 2025, THROUGH JUNE 30, 2026, NO14
MORE THAN TWO PERCENT OF THE TOTAL AMOUNT OF ALL BETS PLACED BY15
PLAYERS WITH THAT SPORTS BETTING OPERATOR OR INTERNET SPORTS16
BETTING OPERATOR EACH MONTH ; AND17
(D) O
N AND AFTER JULY 1, 2026, NO MORE THAN ONE AND18
THREE-QUARTERS PERCENT OF THE TOTAL AMOUNT OF ALL BETS PLACED19
BY PLAYERS WITH THAT SPORTS BETTING OPERATOR OR INTERNET SPORTS20
BETTING OPERATOR EACH MONTH .21
(II)
FOR THE PURPOSES OF SUBSECTION (7)(c)(I) OF THIS SECTION,22
A SPORTS BETTING OPERATOR OR INTERNET SPORTS BETTING OPERATOR23
SHALL NOT:24
(A) C
ARRY OVER TO THE NEXT MONTH ANY FREE BETS PLACED IN25
EXCESS OF THE DEDUCTION ALLOWED FOR ANY MONTH ; OR26
(B) C
ARRY FORWARD ANY UNUSED FREE BET CREDITS27
1402
-18- ACCUMULATED BEFORE JANUARY 1, 2023.1
SECTION 7. In Colorado Revised Statutes, 44-40-109, amend2
(2) introductory portion, (2)(g), (3)(a) introductory portion, and (3)(a)(I)3
as follows:4
44-40-109. Commission - powers and duties - rules. (2) Except5
as provided in subsection (3) of this section, rules promulgated pursuant6
to subsection (1) of this section shall MUST include: but shall not be7
limited to, the following:8
(g) The method to be used in selling tickets or shares; but all sales9
shall be on a cash-only basis;10
(3) (a) The commission shall promulgate rules pursuant to11
subsection (1) of this section for the general administration of all instant12
scratch games. The rules shall MUST include: but shall not be limited to:13
(I) The method to be used in selling instant scratch game tickets;14
but all sales shall be on a cash-only basis;15
SECTION 8. In Colorado Revised Statutes, 24-34-104, add16
(33)(a)(III) as follows:17
24-34-104. General assembly review of regulatory agencies18
and functions for repeal, continuation, or reestablishment - legislative19
declaration - repeal. (33) (a) The following agencies, functions, or both,20
are scheduled for repeal on September 1, 2032:21
(III) T
HE RESPONSIBLE GAMING GRANT PROGRAM CREATED IN22
SECTION 44-30-1702.23
SECTION 9. In Colorado Revised Statutes, 24-75-402, add24
(5)(vv) as follows:25
24-75-402. Cash funds - limit on uncommitted reserves -26
reduction in the amount of fees - exclusions. (5) Notwithstanding any27
1402
-19- provision of this section to the contrary, the following cash funds are1
excluded from the limitations specified in this section:2
(vv) T
HE RESPONSIBLE GAMING GRANT PROGRAM CASH FUND3
CREATED IN SECTION 44-30-1702 (8).4
SECTION 10. Repeal of relocated provisions. In Colorado5
Revised Statutes, repeal part 10 of article 30 of title 44.6
SECTION 11. In Colorado Revised Statutes, 18-20-112, amend7
(1) and (2) as follows:8
18-20-112. Unlawful entry by excluded and ejected persons.9
(1) It is unlawful for any person whose name is on the list promulgated10
by the Colorado limited gaming control commission pursuant to section
11
44-30-1001 or 44-30-1002 SECTION 44-30-1703 (3) OR (4) to enter the12
licensed premises of a limited gaming licensee.13
(2) It is unlawful for any person whose name is on the list14
promulgated by the Colorado limited gaming control commission15
pursuant to section 44-30-1001 or 44-30-1002 SECTION 44-30-1703 (3) OR16
(4) to have any personal pecuniary interest, direct or indirect, in any17
limited gaming licensee, licensed premises, establishment, or business18
involved in or with limited gaming or in the shares in any corporation,19
association, or firm licensed pursuant to article 30 of title 44.20
SECTION 12. In Colorado Revised Statutes, 44-30-827, amend21
(1) and (2) as follows:22
44-30-827. Unlawful entry by excluded and ejected persons.23
(1) It is unlawful for any person whose name is on the list promulgated24
by the commission pursuant to section 44-30-1001 or 44-30-100225
SECTION 44-30-1703 (3) OR (4) to enter the licensed premises of a limited26
gaming licensee.27
1402
-20- (2) It is unlawful for any person whose name is on the list1
promulgated by the commission pursuant to section 44-30-1001 or2
44-30-1002 SECTION 44-30-1703 (3) OR (4) to have any personal3
pecuniary interest, direct or indirect, in any limited gaming licensee,4
licensed premises, establishment, or business involved in or with limited5
gaming or in the shares in any corporation, association, or firm licensed6
pursuant to this article 30.7
SECTION 13. Appropriation. (1) For the 2022-23 state fiscal8
year, $200,000 is appropriated to the department of revenue for use by the9
lottery division. This appropriation is from the lottery fund created in10
section 44-40-111 (1), C.R.S. To implement this act, the division may use11
this appropriation for marketing and communications.12
(2) For the 2022-23 state fiscal year, $2,500,000 is appropriated13
to the department of revenue for use by the specialized business group.14
This appropriation is from the responsible gaming grant program cash15
fund created in section 44-30-1702 (8)(a), C.R.S. To implement this act,16
the specialized business group may use this appropriation for the17
responsible gaming grant program.18
SECTION 14. Act subject to petition - effective date.19
(1) Except as otherwise provided in subsection (2) of this section, this act20
takes effect at 12:01 a.m. on the day following the expiration of the21
ninety-day period after final adjournment of the general assembly; except22
that, if a referendum petition is filed pursuant to section 1 (3) of article V23
of the state constitution against this act or an item, section, or part of this24
act within such period, then the act, item, section, or part will not take25
effect unless approved by the people at the general election to be held in26
November 2022 and, in such case, will take effect on the date of the27
1402
-21- official declaration of the vote thereon by the governor.1
(2) Section 44-30-1509 (2)(e), Colorado Revised Statutes, as2
amended in section 3 of this act, takes effect January 1, 2024. 3
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-22-