HOUSE BILL 22-1402
BY REPRESENTATIVE(S) 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, Cutter, Young;
also SENATOR(S) Hansen, Hisey, Lee, Moreno, Priola, Rankin.
C
ONCERNING MEASURES TO PROMOTE RESPONSIBLE GAMING , AND, IN
CONNECTION THEREWITH
, CREATING THE RESPONSIBLE GAMING
GRANT PROGRAM
, ESTABLISHING FUNDING MECHANISMS TO SUPPORT
THE GRANT PROGRAM
, AND MAKING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add with amended
and relocated provisions part 17 to article 30 of title 44 as follows:
PART 17
MEASURES TO PROMOTE RESPONSIBLE GAMING
44-30-1701. Definitions. A
S USED IN THIS PART 17, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (1) "BEHAVIORAL HEALTH ADMINISTRATION " MEANS THE
BEHAVIORAL HEALTH ADMINISTRATION ESTABLISHED PURSUANT TO SECTION
27-60-203 (5)(a).
(2) (a) "E
LIGIBLE APPLICANT" MEANS:
(I) A
N AGENCY OF THE STATE GOVERNMENT ;
(II) A
LOCAL GOVERNMENT; AND
(III) EXCEPT AS DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION,
A NONPROFIT ORGANIZATION.
(b) "E
LIGIBLE APPLICANT" DOES NOT INCLUDE A NONPROFIT
ORGANIZATION OR A PUBLIC OR PRIVATE NONPROFIT FOUNDATION THAT IS
:
(I) A
FFILIATED WITH A PERSON LICENSED UNDER THIS ARTICLE 30;
OR
(II) FUNDAMENTALLY OPPOSED TO GAMING .
(3) "F
UND" MEANS THE RESPONSIBLE GAMING GRANT PROGRAM
CASH FUND CREATED IN SECTION
44-30-1702 (8).
(4) "G
RANT PROGRAM" MEANS THE RESPONSIBLE GAMING GRANT
PROGRAM CREATED IN SECTION
44-30-1702 (1).
(5) "L
OCAL GOVERNMENT" MEANS A CITY, A COUNTY, OR A CITY AND
COUNTY
.
44-30-1702. Responsible gaming grant program - creation - rules
- application process - cash fund created - repeal. (1) T
HE RESPONSIBLE
GAMING GRANT PROGRAM IS HEREBY CREATED IN THE DEPARTMENT TO
PROMOTE RESPONSIBLE GAMING AND ADDRESS PROBLEM GAMING IN THE
STATE
.
(2) (a) T
HE COMMISSION, IN COLLABORATION WITH THE BEHAVIORAL
HEALTH ADMINISTRATION
, SHALL ADMINISTER THE GRANT PROGRAM AND
SHALL AWARD GRANTS AS PROVIDED IN THIS SECTION
. GRANTS SHALL BE
PAID OUT OF THE FUND
.
PAGE 2-HOUSE BILL 22-1402 (b) THE COMMISSION MAY SEEK , ACCEPT, AND EXPEND GIFTS,
GRANTS, AND DONATIONS FOR THE PURPOSES OF THE GRANT PROGRAM . ANY
MONEY RECEIVED AS GIFTS
, GRANTS, AND DONATIONS BY THE COMMISSION
SHALL BE TRANSFERRED TO THE STATE TREASURER
, WHO SHALL CREDIT THE
MONEY TO THE FUND
.
(3) T
HE COMMISSION, IN COLLABORATION WITH THE BEHAVIORAL
HEALTH ADMINISTRATION
, SHALL PROMULGATE SUCH RULES AS ARE
REQUIRED IN THIS SECTION AND SUCH ADDITIONAL RULES AS MAY BE
NECESSARY 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
.
(4) T
O RECEIVE A GRANT, AN ELIGIBLE APPLICANT MUST SUBMIT AN
APPLICATION TO THE COMMISSION IN ACCORDANCE WITH RULES
PROMULGATED BY THE COMMISSION
. AT A MINIMUM, THE APPLICATION MUST
INCLUDE THE FOLLOWING INFORMATION
:
(a) T
HE AMOUNT OF GRANT MONEY REQUESTED BY THE ELIGIBLE
APPLICANT
;
(b) H
OW THE ELIGIBLE APPLICANT WILL SPEND THE GRANT MONEY
TO ADDRESS PROBLEM GAMING OR INCREASE AWARENESS OF RESPONSIBLE
GAMING
;
(c) I
NFORMATION CONCERNING ANY CURRENT OR PAST PROJECTS IN
WHICH THE ELIGIBLE APPLICANT HAS PARTICIPATED AND THAT ADDRESSED
RESPONSIBLE GAMING OR PROBLEM GAMING
; AND
(d) ANY OTHER INFORMATION REQUIRED BY RULES PROMULGATED
BY THE COMMISSION PURSUANT TO SUBSECTION
(3) OF THIS SECTION.
(5) T
HE COMMISSION SHALL REVIEW THE APPLICATIONS RECEIVED
PURSUANT TO THIS SECTION
. IN AWARDING GRANTS, THE COMMISSION, IN
COLLABORATION WITH THE BEHAVIORAL HEALTH ADMINISTRATION
, SHALL
CONSIDER THE FOLLOWING CRITERIA
:
(a) T
HE CURRENT NEEDS OF THE STATE RELATING TO RESPONSIBLE
OR PROBLEM GAMING
;
PAGE 3-HOUSE BILL 22-1402 (b) THE OVERALL IMPACT THAT A PROPOSED GRANT MAY HAVE ON
RESPONSIBLE OR PROBLEM GAMING
;
(c) T
HE AMOUNT OF MONEY AVAILABLE IN THE FUND ;
(d) T
HE AMOUNT OF GRANT MONEY REQUESTED BY EACH ELIGIBLE
APPLICANT
;
(e) W
HETHER THE ELIGIBLE APPLICANT INTENDS TO USE GRANT
MONEY FOR ANY OF THE FOLLOWING PURPOSES
:
(I) P
REVENTION OR EDUCATION SERVICES CONCERNING GAMBLING
ADDICTION
;
(II) C
ERTIFICATION OF GAMBLING ADDICTION COUNSELORS ;
(III) P
UBLIC AWARENESS OF SERVICES CONCERNING GAMBLING
ADDICTION
;
(IV) T
REATMENT OF GAMBLING ADDICTION DISORDERS ;
(V) R
ECOVERY SERVICES; OR
(VI) DATA REPORTING AND DATA SYSTEMS ; AND
(f) ANY OTHER CRITERIA ESTABLISHED BY RULES PROMULGATED BY
THE COMMISSION PURSUANT TO SUBSECTION
(3) OF THIS SECTION.
(6) G
RANTEES SHALL USE GRANT MONEY ONLY FOR THE PURPOSES
FOR WHICH THE GRANT MONEY IS AWARDED
.
(7) (a) O
N OR BEFORE SEPTEMBER 1, 2023, AND ON OR BEFORE
SEPTEMBER 1 EACH YEAR THEREAFTER THROUGH THE YEAR FOLLOWING THE
YEAR AFTER WHICH A GRANTEE FULLY EXPENDS ITS GRANT MONEY
, EACH
GRANTEE SHALL SUBMIT A REPORT TO THE COMMISSION
. AT A MINIMUM, THE
REPORT MUST INCLUDE THE FOLLOWING INFORMATION
:
(I) A
N INDICATION OF WHETHER THE GRANTEE ACHIEVED THE
OBJECTIVES THAT THE GRANTEE DESCRIBED IN ITS APPLICATION FOR A
GRANT
;
PAGE 4-HOUSE BILL 22-1402 (II) AN EVALUATION OF THE RESULTS OF THE GRANTEE 'S
GRANT
-FUNDED PROJECT;
(III) A
DESCRIPTION OF THE IMPACT OF THE GRANTEE 'S USE OF
GRANT MONEY ON THE COMMUNITY WITH REGARD TO RESPONSIBLE OR
PROBLEM GAMING
;
(IV) T
HE TOTAL AMOUNT OF GRANT MONEY RECEIVED AND THE
TOTAL AMOUNT OF GRANT MONEY EXPENDED BY THE GRANTEE
; AND
(V) ANY OTHER INFORMATION THAT IS REQUIRED BY RULES
PROMULGATED BY THE COMMISSION PURSUANT TO SUBSECTION
(3) OF THIS
SECTION
.
(b) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE
DECEMBER 1 EACH YEAR THEREAFTER FOR THE DURATION OF THE GRANT
PROGRAM
, THE COMMISSION SHALL SUBMIT A SUMMARIZED REPORT TO THE
PUBLIC AND BEHAVIORAL HEALTH AND HUMAN SERVICES COMMI TTEE OF THE
HOUSE OF REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES
COMMITTEE OF THE SENATE
, OR TO ANY SUCCESSOR COMMITTEES , AND TO
THE BEHAVIORAL HEALTH ADMINISTRATION CONCERNING THE GRANT
PROGRAM
. AT A MINIMUM, THE REPORT MUST INCLUDE THE FOLLOWING
INFORMATION
:
(I) T
HE TOTAL NUMBER OF GRANTS , AND THE TOTAL AMOUNT OF
GRANT MONEY
, AWARDED BY THE GRANT PROGRAM IN THE PRECEDING
STATE FISCAL YEAR
;
(II) T
HE IDENTITY OF EACH GRANTEE AND THE TOTAL AMOUNT OF
GRANT MONEY AWARDED TO EACH GRANTEE IN THE PRECEDING STATE
FISCAL YEAR
;
(III) T
HE INFORMATION REPORTED BY EACH GRANTEE PURSUANT TO
SUBSECTIONS
(7)(a)(II) AND (7)(a)(III) OF THIS SECTION; AND
(IV) FINANCIAL STATEMENTS CONCERNING THE STATUS OF , AND
ACTIVITIES CONCERNING
, THE FUND.
(c) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENT SET FORTH IN SUBSECTION
(7)(b) OF THIS SECTION CONTINUES
PAGE 5-HOUSE BILL 22-1402 UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SUBSECTION (9) OF THIS
SECTION
.
(8) (a) T
HE RESPONSIBLE GAMING GRANT PROGRAM CASH FUND IS
HEREBY CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF:
(I) M
ONEY TRANSFERRED TO THE FUND FROM THE WAGERING
REVENUE RECIPIENTS HOLD
-HARMLESS FUND PURSUANT TO SECTION
44-30-1509 (2)(c)(IV);
(II) M
ONEY TRANSFERRED TO THE FUND FROM THE LIMITED GAMING
FUND PURSUANT TO SECTION
44-30-701 (2)(a)(VI.5);
(III) A
NY GIFTS, GRANTS, AND DONATIONS RECEIVED PURSUANT TO
SUBSECTION
(2)(b) OF THIS SECTION; AND
(IV) ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
APPROPRIATE OR TRANSFER TO THE FUND
.
(b) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
. ANY MONEY REMAINING IN THE FUND AT THE END OF A FISCAL
YEAR REMAINS IN THE FUND
.
(c) M
ONEY IN THE FUND IS ANNUALLY APPROPRIATED TO THE
DEPARTMENT FOR USE BY THE COMMISSION FOR THE PURPOSES DESCRIBED
IN THIS SECTION
. ANY MONEY THAT IS AWARDED AS A GRANT TO ANY STATE
AGENCY IS FURTHER ANNUALLY APPROPRIATED TO THE STATE AGENCY FOR
USE BY THE STATE AGENCY CONSISTENT WITH THIS SECTION
.
(d) T
HE COMMISSION MAY EXPEND MONEY FROM THE FUND TO PAY
THE DIRECT AND INDIRECT ADMINISTRATIVE EXPENSES INCURRED BY THE
COMMISSION IN ADMINISTERING THE GRANT PROGRAM
; EXCEPT THAT THE
TOTAL AMOUNT OF MONEY EXPENDED BY THE COMMISSION PURS UANT TO
THIS SUBSECTION
(8)(d) IN A STATE FISCAL YEAR MAY NOT EXCEED FIVE
PERCENT OF THE TOTAL AMOUNT OF GRANT MONEY AWARDED BY THE
COMMISSION IN THAT STATE FISCAL YEAR
.
(e) O
N AUGUST 31, 2032, THE STATE TREASURER SHALL TRANSFER
ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND ON THAT DATE
PAGE 6-HOUSE BILL 22-1402 TO THE GENERAL FUND.
(9) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
B
EFORE THE REPEAL, THE GRANT PROGRAM IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION
24-34-104.
44-30-1703. Exclusion of certain individuals from participation
in gaming activities - duties of division - mechanism for self-exclusion
- confidential records - rules. (1) (a) O
N AND AFTER JANUARY 1, 2023,
THE DIVISION SHALL OPERATE A PROGRAM TO :
(I) E
XCLUDE THE FOLLOWING INDIVIDUALS FROM PARTICIPATION IN
GAMING ACTIVITIES IN THE STATE
:
(A) I
NDIVIDUALS WHO HAVE VOLUNTARILY REQUESTED TO BE
EXCLUDED PURSUANT TO SUBSECTION
(2)(a) OF THIS SECTION; AND
(B) INDIVIDUALS WHO ARE REQUIRED BY THE COMMISSION TO BE
EXCLUDED OR EJECTED FROM ANY LICENSED GAMING ESTABLISHMENT
PURSUANT TO SUBSECTION
(3) OR (4) OF THIS SECTION; AND
(II) EXCLUDE FROM CERTAIN SPORTS BETTING INDIVIDUALS WHO ARE
PROHIBITED FROM PLACING WAGERS ON CERTAIN SPORTING EVENTS
PURSUANT TO SECTION
44-30-1502.
(b) T
HE DIVISION SHALL OPERATE THE PROGRAM IN ACCORDANCE
WITH RULES PROMULGATED BY THE COMMISSION PURSUANT TO THIS
SECTION
.
(2) (a) T
HE DIVISION SHALL INCLUDE IN THE PROGRAM DESCRIBED IN
SUBSECTION
(1) OF THIS SECTION MECHANISMS BY WHICH INDIVIDUALS MAY
REQUEST TO BE EXCLUDED FROM PARTICIPATION IN GAMING ACTIVITIES IN
THE STATE
, AS DESCRIBED IN SUBSECTION (1)(a)(I)(A) OF THIS SECTION. THE
MECHANISMS MUST INCLUDE THE RECEIPT OF SUCH REQUESTS BY THE
DIVISION IN WRITTEN
, ELECTRONIC, AND TELEPHONIC FORM.
(b) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE
PERSONAL IDENTIFYING INFORMATION OF THE FOLLOWING INDIVIDUALS IS
CONFIDENTIAL AND IS NOT SUBJECT TO THE REQUIREMENTS OF THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24:
PAGE 7-HOUSE BILL 22-1402 (I) INDIVIDUALS WHO REQUEST TO BE EXCLUDED FROM
PARTICIPATION IN GAMING ACTIVITIES IN THE STATE PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION; AND
(II) INDIVIDUALS WHO ARE PROHIBITED FROM PLACING WAGERS ON
CERTAIN SPORTING EVENTS PURSUANT TO SECTION
44-30-1502 AND ARE
THEREFORE EXCLUDED FROM CERTAIN SPORTS BETTING PURSUANT TO
SUBSECTION
(1)(a)(II) OF THIS SECTION.
(3) [Formerly 44-30-1001 (2)] (a) The commission may
SHALL by
rule provide for the establishment of a list of persons who are to be
excluded or ejected from any licensed gaming establishment, including any
person whose presence in the establishment is determined to pose a threat
to the interest of the state of Colorado
or to licensed gaming. or both. In
making the determination for exclusion, the commission may consider any
of the following:
(a)
(I) Prior conviction of a felony, a misdemeanor involving moral
turpitude, or a violation of the gaming laws OR GAMING RULES of any OTHER
state, the United States or any of its possessions or territories, including OR
AN
Indian tribes
TRIBE;
(b) (II) A violation, AN attempt to violate, or A conspiracy to violate
the provisions of this article 30 relating to:
(A) The failure to disclose an interest in a gaming establishment for
which the person must obtain a license or
TO make disclosures to the
commission; or
(B) Intentional evasion of fees or taxes;
(c) (III) A reputation that would adversely affect public confidence
and trust that the gaming industry is free from criminal or corruptive
influences;
(d)
(IV) Prior exclusion or ejection FROM A GAMING ESTABLISHMENT
under the LAWS OR gaming rules of any other state, the United States OR any
of its possessions or territories, or an Indian tribe; that regulates gaming; OR
(e) (V) Career or professional offenders or associates of career or
PAGE 8-HOUSE BILL 22-1402 professional offenders and any others as defined by rule of the commission.
(b) [Formerly 44-30-1001 (3)] If the name and description of any
person is placed on the exclusion list OF PERSONS TO BE EXCLUDED OR
EJECTED DESCRIBED IN THIS SUBSECTION
(3), the commission shall serve
notice of that action upon the person by at least one of the following means:
(a) By personal service,
(b) by certified mail to the last-known address of the person, or
(c) by publication in one or more official newspapers in Teller and
Gilpin counties
IN Colorado. A person placed upon the exclusion AND
EJECTION
list may contest that action by filing a written protest with the
commission, and the
COMMISSION SHALL HEAR THE protest shall be heard by
the commission as a contested case.
(c) [Formerly 44-30-1001 (4)] The commission may impose
sanctions upon any licensee in accordance with the provisions of this article
30 if the licensee
KNOWINGLY fails to exclude or eject from the licensed
premises any person placed by the commission on the list of persons to be
excluded or ejected from licensed gaming establishments
PURSUANT TO THIS
SUBSECTION
(3), which sanctions may include but not be limited to,
suspension, revocation, limitation, modification, denial, or restriction of any
license.
(4) (a) [Formerly 44-30-1002 (1)] The commission, by rule, and
notwithstanding the provisions of section 44-30-1001 SUBSECTION (3) OF
THIS SECTION
, may list persons to be excluded or ejected from any licensed
gaming establishment effective October 1, 1991,
if the commission finds
that listing the persons on an emergency basis is necessary to avoid danger
to the public safety and if the public confidence and trust would be
maintained only if the persons were
ARE listed on such an emergency basis.
(b) [Formerly 44-30-1002 (2)] Notwithstanding the provisions of
section 24-4-103 (6), the listing of persons A PERSON to be excluded or
ejected pursuant to this section SUBSECTION (4) expires one year after the
adoption of the list, unless the provisions of section 44-30-1001
SUBSECTION (3) OF THIS SECTION are followed for permanent listing.
PAGE 9-HOUSE BILL 22-1402 (c) [Formerly 44-30-1002 (3)] With respect to the finding of danger
to public safety, the commission shall consider whether the persons have A
PERSON HAS
been listed on the list of persons TO BE excluded or ejected
under the laws and gaming rules of the states of Nevada, New Jersey,
OR
South Dakota and
OR any other states; the United States OR its territories or
possessions; or any AN Indian tribe. regulating gaming.
(d) [Formerly 44-30-1002 (4)] Any rule adopted pursuant to this
section SUBSECTION (4) shall be followed within thirty days after the
emergency listing by the procedures set forth in section 44-30-1001
SUBSECTION (3) OF THIS SECTION. A listing pursuant to this section
SUBSECTION (4) must be vacated upon the conclusion of the rule-making
proceeding initiated under section 44-30-1001 SUBSECTION (3) OF THIS
SECTION
if a determination is made by
the commission DETERMINES that a
person should not have been placed on the list of persons to be excluded or
ejected.
(5) O
N OR BEFORE NOVEMBER 1, 2022, THE COMMISSION SHALL
PROMULGATE RULES FOR THE OPERATION OF THE PROGRAM DESCRIBED IN
SUBSECTIONS
(1) AND (2) OF THIS SECTION. THE RULES MUST INCLUDE THE
ESTABLISHMENT OF A LIST OF INDIVIDUALS TO BE EXCLUDED OR EJECTED
FROM ALL GAMING ACTIVITIES IN THE STATE PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION, WHICH LIST IS ACCESSIBLE TO ALL LICENSED GAMING
OPERATORS
, INCLUDING SPORTS BETTING OPERATORS AND INTERNET SPORTS
BETTING OPERATORS
.
SECTION 2. In Colorado Revised Statutes, add 44-30-531 as
follows:
44-30-531. Responsible gaming - advertising and promotional
efforts - reports of certain licensees required - confidential records.
(1) O
N OR BEFORE OCTOBER 1, 2023, AND ON OR BEFORE OCTOBER 1 EACH
YEAR THEREAFTER
, THE FOLLOWING LICENSEES SHALL SUBMIT TO THE
DIRECTOR A REPORT THAT DESCRIBES THE EFFORTS OF THE LICENSEE IN THE
PRECEDING STATE FISCAL YEAR TO PROMOTE RESPONSIBLE GAMING IN THE
STATE VIA ADVERTISING AND OTHER PROMOTIONAL METHODS AND THE
LICENSEE
'S PLANS CONCERNING SUCH PROMOTIONAL EFFORTS IN THE
CURRENT STATE FISCAL YEAR
:
(a) R
ETAIL LICENSEES, AS DESCRIBED IN SECTION 44-30-501 (1)(c);
PAGE 10-HOUSE BILL 22-1402 (b) SPORTS BETTING OPERATORS, AS DEFINED IN SECTION 44-30-1501
(11);
AND
(c) INTERNET SPORTS BETTING OPERATORS , AS DEFINED IN SECTION
44-30-1501 (5).
(2) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , A REPORT
SUBMITTED TO THE DIRECTOR PURSUANT TO SUBSECTION
(1) OF THIS
SECTION IS CONFIDENTIAL AND IS NOT SUBJECT TO THE REQUIREMENTS OF
THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24.
SECTION 3. In Colorado Revised Statutes, 44-30-1509, amend
(2)(d) and (2)(e); and add (2)(c)(IV) as follows:
44-30-1509. Sports betting fund - wagering revenue recipients
hold-harmless fund - creation - rules - definitions - repeal. (2) From the
money in the sports betting fund, to the extent the unexpended and
unencumbered balance in the fund so permits, the state treasurer shall:
(c) Third, transfer an amount equal to six percent of the full fiscal
year sports betting tax revenues to the wagering revenue recipients
hold-harmless fund, referred to in this section as the "hold-harmless fund",
which is hereby created in the state treasury, from which the state treasurer
shall make disbursements as directed by the commission as follows:
(IV) O
N DECEMBER 31, 2023, AND ON DECEMBER 31 OF EACH YEAR
THEREAFTER
, THE STATE TREASURER SHALL TRANSFER ANY MONEY
CREDITED TO THE HOLD
-HARMLESS FUND AND NOT DISBURSED WITHIN TWO
YEARS AFTER THE DATE ON WHICH THE MONEY IS CREDITED TO THE
HOLD
-HARMLESS FUND, AS AUTHORIZED BY THE COMMISSION , TO THE
RESPONSIBLE GAMING GRANT PROGRAM CASH FUND CREATED IN SECTION
44-30-1702 (8).
(d) (I) Fourth, transfer one hundred thirty thousand dollars annually
to the office of behavioral health in the department of human services, to be
used as follows:
(I)
(A) Thirty thousand dollars for the operation of a crisis hotline
for gamblers by Rocky Mountain Crisis Partners or its successor
organization; and
PAGE 11-HOUSE BILL 22-1402 (II) (B) One hundred thousand dollars for prevention, education,
treatment, and workforce development by, and including the payment of
salaries of, counselors certified in the treatment of gambling disorders.
(II) T
HIS SUBSECTION (2)(d) IS REPEALED, EFFECTIVE DECEMBER 31,
2023.
(e) Fifth
FOURTH, transfer all remaining unexpended and
unencumbered money in the fund to the water plan implementation cash
fund created in section 37-60-123.3.
SECTION 4. In Colorado Revised Statutes, 44-30-701, amend
(2)(a)(VI) and (2)(a)(VII); and add (2)(a)(VI.5) as follows:
44-30-701. Limited gaming fund - created - repeal. (2) (a) Except
as provided in subsection (2)(b) or (2)(c) of this section, at the end of the
2012-13 state fiscal year and at the end of each state fiscal year thereafter,
the state treasurer shall transfer the state share as follows:
(VI) Five hundred thousand dollars to the Colorado office of film,
television, and media operational account cash fund created in section
24-48.5-116, for the operation of the Colorado office of film, television, and
media, for the performance-based incentive for film production in Colorado
as specified in section 24-48.5-116, and for the Colorado office of film,
television, and media loan guarantee program as specified in section
24-48.5-115; and
(VI.5) FOR THE 2022-23 STATE FISCAL YEAR AND EACH STATE FISCAL
YEAR THEREAFTER
, TWO MILLION FIVE HUNDRED THOUSAND DOLLARS TO
THE RESPONSIBLE GAMING GRANT PROGRAM CASH FUND CREATED IN
SECTION
44-30-1702 (8); AND
(VII) Any amount of the state share that exceeds the transfers
specified in subsections (2)(a)(I) to (2)(a)(VI)
(2)(a)(VI.5) of this section
shall be transferred to the general fund.
SECTION 5. In Colorado Revised Statutes, 44-40-111, add (1.5)
as follows:
44-40-111. Lottery fund - creation - definitions. (1.5) F
OR THE
PAGE 12-HOUSE BILL 22-1402 2022-23 STATE FISCAL YEAR , AND FOR EACH STATE FISCAL YEAR
THEREAFTER
, THE GENERAL ASSEMBLY SHALL APPROPRIATE TWO HUNDRED
THOUSAND DOLLARS FROM THE LOTTERY FUND TO THE DIVISION TO COVER
EXPENSES RELATING TO THE DIVISION
'S EFFORTS TO PROMOTE RESPONSIBLE
GAMING IN THE STATE
.
SECTION 6. In Colorado Revised Statutes, 44-30-1501, amend (7)
as follows:
44-30-1501. Definitions - rules - repeal. Definitions applicable to
this part 15 also appear in section 44-30-103 and article 1 of this title 44. As
used in this part 15, unless the context otherwise requires:
(7) (a) "Net sports betting proceeds" means the total amount of all
bets placed by players in a sports betting operation or internet sports betting
operation, excluding free bets,
less all payments to players, LESS FREE BETS
AS DESCRIBED IN SUBSECTIONS
(7)(b) AND (7)(c) OF THIS SECTION, and less
all excise taxes paid pursuant to federal law. Payments to players include all
payments of cash premiums, merchandise, or any other thing of value.
(b) (I) U
NTIL JANUARY 1, 2023, WHEN DETERMINING THE FREE BETS
DEDUCTION USED FOR CALCULATING
"NET SPORTS BETTING PROCEEDS" EACH
MONTH
, AS DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION, A SPORTS
BETTING OPERATOR OR INTERNET SPORTS BETTING OPERATOR MAY
:
(A)
INCLUDE ALL FREE BETS PLACED BY PLAYERS WITH THE SPORTS
BETTING OPERATOR OR INTERNET SPORTS BETTING OPERATOR
; AND
(B) CARRY FORWARD ANY UNUSED FREE BET CREDITS ACCUMULATED
ON OR BEFORE
NOVEMBER 30, 2022.
(II) T
HIS SUBSECTION (7)(b) IS REPEALED, EFFECTIVE JULY 1, 2023.
(c) (I) O
N AND AFTER JANUARY 1, 2023, WHEN DETERMINING THE
FREE BETS DEDUCTION USED FOR CALCULATING
"NET SPORTS BETTING
PROCEEDS
" EACH MONTH, AS DESCRIBED IN SUBSECTION (7)(a) OF THIS
SECTION
, A SPORTS BETTING OPERATOR OR INTERNET SPORTS B ETTING
OPERATOR SHALL INCLUDE ONLY A PORTION OF THE TOTAL FREE BETS
PLACED BY PLAYERS WITH THE SPORTS BETTING OPERATOR OR INTERNET
SPORTS BETTING OPERATOR
, AS FOLLOWS:
PAGE 13-HOUSE BILL 22-1402 (A) ON AND AFTER JANUARY 1, 2023, THROUGH JUNE 30, 2024, NO
MORE THAN TWO AND ONE
-HALF PERCENT OF THE TOTAL AMOUNT OF ALL
BETS PLACED BY PLAYERS WITH THAT SPORTS BETTING OPERATOR OR
INTERNET SPORTS BETTING OPERATOR EACH MONTH
;
(B) O
N AND AFTER JULY 1, 2024, THROUGH JUNE 30, 2025, NO MORE
THAN TWO AND ONE
-FOURTH PERCENT OF THE TOTAL AMOUNT OF ALL BETS
PLACED BY PLAYERS WITH THAT SPORTS BETTING OPERATOR OR INTERNET
SPORTS BETTING OPERATOR EACH MONTH
;
(C) O
N AND AFTER JULY 1, 2025, THROUGH JUNE 30, 2026, NO MORE
THAN TWO PERCENT OF THE TOTAL AM OUNT OF ALL BETS PLACED BY
PLAYERS WITH THAT SPORTS BETTING OPERATOR OR INTERNET SPORTS
BETTING OPERATOR EACH MONTH
; AND
(D) ON AND AFTER JULY 1, 2026, NO MORE THAN ONE AND
THREE
-QUARTERS PERCENT OF THE TOTAL AMOUNT OF ALL BETS PLACED BY
PLAYERS WITH THAT SPORTS BETTING OPERATOR OR INTERNET SPORTS
BETTING OPERATOR EACH MONTH
.
(II)
FOR THE PURPOSES OF SUBSECTION (7)(c)(I) OF THIS SECTION,
A SPORTS BETTING OPERATOR OR INTERNET SPORTS BETTING OPERATOR
SHALL NOT
:
(A) C
ARRY OVER TO THE NEXT MONTH ANY FREE BETS PLACED IN
EXCESS OF THE DEDUCTION ALLOWED FOR ANY MONTH
; OR
(B) CARRY FORWARD ANY UNUSED FREE BET CREDITS
ACCUMULATED BEFORE
JANUARY 1, 2023.
SECTION 7. In Colorado Revised Statutes, 44-40-109, amend (2)
introductory portion, (2)(g), (3)(a) introductory portion, and (3)(a)(I) as
follows:
44-40-109. Commission - powers and duties - rules. (2) Except
as provided in subsection (3) of this section, rules promulgated pursuant to
subsection (1) of this section shall
MUST include: but shall not be limited to,
the following:
(g) The method to be used in selling tickets or shares; but all sales
PAGE 14-HOUSE BILL 22-1402 shall be on a cash-only basis;
(3) (a) The commission shall promulgate rules pursuant to
subsection (1) of this section for the general administration of all instant
scratch games. The rules shall
MUST include: but shall not be limited to:
(I) The method to be used in selling instant scratch game tickets; but
all sales shall be on a cash-only basis;
SECTION 8. In Colorado Revised Statutes, 24-34-104, add
(33)(a)(III) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (33) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2032:
(III) T
HE RESPONSIBLE GAMING GRANT PROGRAM CREATED IN
SECTION
44-30-1702.
SECTION 9. In Colorado Revised Statutes, 24-75-402, add (5)(zz)
as follows:
24-75-402. Cash funds - limit on uncommitted reserves -
reduction in the amount of fees - exclusions. (5) Notwithstanding any
provision of this section to the contrary, the following cash funds are
excluded from the limitations specified in this section:
(zz) T
HE RESPONSIBLE GAMING GRANT PROGRAM CASH FUND
CREATED IN SECTION
44-30-1702 (8).
SECTION 10. Repeal of relocated provisions. In Colorado
Revised Statutes, repeal part 10 of article 30 of title 44.
SECTION 11. In Colorado Revised Statutes, 18-20-112, amend (1)
and (2) as follows:
18-20-112. Unlawful entry by excluded and ejected persons.
(1) It is unlawful for any person whose name is on the list promulgated by
the Colorado limited gaming control commission pursuant to section
PAGE 15-HOUSE BILL 22-1402 44-30-1001 or 44-30-1002 SECTION 44-30-1703 (3) OR (4) to enter the
licensed premises of a limited gaming licensee.
(2) It is unlawful for any person whose name is on the list
promulgated by the Colorado limited gaming control commission pursuant
to section 44-30-1001 or 44-30-1002
SECTION 44-30-1703 (3) OR (4) to have
any personal pecuniary interest, direct or indirect, in any limited gaming
licensee, licensed premises, establishment, or business involved in or with
limited gaming or in the shares in any corporation, association, or firm
licensed pursuant to article 30 of title 44.
SECTION 12. In Colorado Revised Statutes, 44-30-827, amend (1)
and (2) as follows:
44-30-827. Unlawful entry by excluded and ejected persons.
(1) It is unlawful for any person whose name is on the list promulgated by
the commission pursuant to section 44-30-1001 or 44-30-1002
SECTION
44-30-1703 (3) OR (4) to enter the licensed premises of a limited gaming
licensee.
(2) It is unlawful for any person whose name is on the list
promulgated by the commission pursuant to section 44-30-1001 or
44-30-1002 SECTION 44-30-1703 (3) OR (4) to have any personal pecuniary
interest, direct or indirect, in any limited gaming licensee, licensed
premises, establishment, or business involved in or with limited gaming or
in the shares in any corporation, association, or firm licensed pursuant to
this article 30.
SECTION 13. Appropriation. (1) For the 2022-23 state fiscal
year, $200,000 is appropriated to the department of revenue for use by the
lottery division. This appropriation is from the lottery fund created in
section 44-40-111 (1), C.R.S. To implement this act, the division may use
this appropriation for marketing and communications.
(2) For the 2022-23 state fiscal year, $2,500,000 is appropriated to
the department of revenue for use by the specialized business group. This
appropriation is from the responsible gaming grant program cash fund
created in section 44-30-1702 (8)(a), C.R.S. To implement this act, the
specialized business group may use this appropriation for the responsible
gaming grant program.
PAGE 16-HOUSE BILL 22-1402 SECTION 14. Act subject to petition - effective date. (1) Except
as otherwise provided in subsection (2) of this section, this act takes effect
at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly; except that, if a referendum
petition is filed pursuant to section 1 (3) of article V of the state constitution
against this act or an item, section, or part of this act within such period,
then the act, item, section, or part will not take effect unless approved by the
people at the general election to be held in November 2022 and, in such
case, will take effect on the date of the official declaration of the vote
thereon by the governor.
PAGE 17-HOUSE BILL 22-1402 (2) Section 44-30-1509 (2)(e), Colorado Revised Statutes, as
amended in section 3 of this act, takes effect January 1, 2024.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 18-HOUSE BILL 22-1402