HOUSE BILL 22-1412
BY REPRESENTATIVE(S) Garnett and Van Winkle, Amabile, Roberts,
Snyder, Williams, Kipp;
also SENATOR(S) Cooke, Moreno.
C
ONCERNING THE CONTINUATION OF THE DIVISION OF GAMING IN THE
DEPARTMENT OF REVENUE
, AND, IN CONNECTION THEREWITH ,
IMPLEMENTING THE RECOMMENDATIONS CONTAINED IN THE 2021
SUNSET REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
(23)(a)(VII); and add (34)(a)(VII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (23) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2022:
(VII) The division of gaming created in part 2 of article 30 of title
44;
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. (34) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2033:
(VII) T
HE DIVISION OF GAMING CREATED IN PART 2 OF ARTICLE 30 OF
TITLE
44.
SECTION 2. In Colorado Revised Statutes, amend 44-30-206 as
follows:
44-30-206. Repeal of division - review of functions. Unless
continued by the general assembly, This part 2 is repealed, effective
September 1, 2022, and those powers, duties, and functions of the director
specified in this part 2 are abolished. The provisions of section 24-34-104
(2) to (8) concerning a wind-up period, an analysis and evaluation, public
hearings, and claims by or against an agency apply to the powers, duties,
and functions of the director of the division SEPTEMBER 1, 2033. BEFORE
THE REPEAL
, THE DIVISION OF GAMING IS SCHEDULED FOR REVIEW IN
ACCORDANCE WITH SECTION
24-34-104.
SECTION 3. In Colorado Revised Statutes, amend 44-30-507 as
follows:
44-30-507. Delegation of licensing duties. The commission,
AT ITS
DISCRETION
, may delegate LICENSING DUTIES DESCRIBED IN THIS PART 5 to
the division. the authority to issue permanent and temporary support and
key employee licenses, but the commission shall review and approve the
issuance of all other licenses issued pursuant to this article 30.
SECTION 4. In Colorado Revised Statutes, 44-30-103, amend (14)
introductory portion as follows:
44-30-103. Definitions. As used in this article 30, unless the context
otherwise requires:
(14) "Gaming employee" means any person employed by an
operator or retailer hosting gaming to work directly with the gaming portion
of the operator's or retailer's business, who shall be twenty-one
EIGHTEEN
years of age or older and hold a support license. Persons deemed to be gaming employees shall
include: but shall not be limited to:
PAGE 2-HOUSE BILL 22-1412 SECTION 5. In Colorado Revised Statutes, amend 44-30-811 as
follows:
44-30-811. Persons conducting limited gaming. (1) No A person
under the age of twenty-one years EIGHTEEN YEARS OF AGE shall NOT:
(a) Be employed as a gaming employee;
(b) Conduct, or assist in conducting, any limited gaming activity;
and no such person shall
OR
(c) Manage or handle any of the proceeds from limited gaming.
SECTION 6. In Colorado Revised Statutes, 44-30-1610, amend (2)
as follows:
44-30-1610. Grounds for discipline. (2) If it appears to the
director, based upon credible evidence as presented in a written complaint,
that a person is operating or offering to operate a fantasy contest without
having obtained a registration or license, the director may issue an order to
cease and desist the activity. The director shall set forth in the order the
statutes and rules alleged to have been violated, the facts alleged to have
constituted the violation, and the requirement that all unauthorized practices
immediately cease. Within ten days after service of the order to cease and
desist pursuant to this subsection (2), the person may request a hearing on
the question of whether acts or practices in violation of this part 16 have
occurred. The hearing shall be conducted pursuant to section 24-4-105
BY
THE HEARINGS DIVISION OF THE DEPARTMENT IN ACCORDANCE WITH SECTION
44-30-1613.
SECTION 7. In Colorado Revised Statutes, add 44-30-1613 as
follows:
44-30-1613. Hearings. F
OR THE PURPOSES OF THIS PART 16,
ADMINISTRATIVE HEARINGS SHALL BE CONDUCTED BY THE HEARINGS
DIVISION OF THE DEPARTMENT
.
SECTION 8. In Colorado Revised Statutes, 44-30-1504, amend
(7)(a) as follows:
PAGE 3-HOUSE BILL 22-1412 44-30-1504. Disclosure of information by corporate applicants
- license required - investigation - criminal history record check - rules
- definition. (7) (a) Each applicant for a sports betting license, with or as
a supplement to the application, shall submit a set of fingerprints to the
division;
EXCEPT THAT AN APPLICANT WHOSE PRIMARY RESIDENCE IS
LOCATED OUTSIDE OF THE
UNITED STATES IS NOT REQUIRED TO SATISFY THIS
REQUIREMENT UNLESS THE COMMISSION DETERMINES THAT THE APPLICANT
IS SO REQUIRED
. The division shall forward the fingerprints to the Colorado
bureau of investigation for the purpose of conducting a state and national
fingerprint-based criminal history record check utilizing records of the
Colorado bureau of investigation and the federal bureau of investigation.
Only the actual costs of the record check shall be borne by the applicant.
Nothing in this subsection (7) precludes the division from making further
inquiries into the background of the applicant.
SECTION 9. In Colorado Revised Statutes, 26-13-118.7, amend
(2) as follows:
26-13-118.7. Gambling winnings - interception - rules. (2) Upon
receipt from the registry operator of a payment and accompanying
information pursuant to section 44-33-105 (2)(b), the state department,
THROUGH THE CASINO , SPORTS BETTING OPERATOR , INTERNET SPORTS
BETTING OPERATOR
, RACETRACK, OR OFF-TRACK BETTING FACILITY, shall
notify the obligated parent in writing that the state intends to offset the
parent's child support debt, child support arrearages, or child support costs
against the parent's winnings from limited gaming,
FROM SPORTS BETTING,
or from pari-mutuel wagering on horse or greyhound racing. The notice
shall MUST include information on CONCERNING the parent's right to object
to the offset and to request an administrative review pursuant to the rules of
the state board.
SECTION 10. In Colorado Revised Statutes, 44-30-1503, amend
(2)(a)(IV) as follows:
44-30-1503. Licenses - rules. (2) (a) A license shall be revoked
upon a finding that the licensee has:
(IV) E
XCEPT AS REQUIRED BY SECTION 44-30-1516, intentionally
refused to pay a prize
CASH WINNINGS in the licensee's possession to a
person entitled to receive the prize CASH WINNINGS under this part 15.
PAGE 4-HOUSE BILL 22-1412 SECTION 11. In Colorado Revised Statutes, add 44-30-1516 as
follows:
44-30-1516. Duties of licensees under the gambling payment
intercept act. B
EFORE MAKING A PAYMENT OF CASH WINNINGS , A LICENSEE
SHALL COMPLY WITH THE REQUIREMENTS OF ARTICLE
33 OF THIS TITLE 44.
SECTION 12. In Colorado Revised Statutes, 44-33-102, amend
(1)(c) and (1)(f) as follows:
44-33-102. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(c) Children are adversely affected when parents divert their
financial support to limited gaming,
SPORTS BETTING, and pari-mutuel
wagering;
(f) Victims of crime and all the people of the state are adversely
affected when criminal offenders divert restitution to limited gaming,
SPORTS BETTING, and pari-mutuel wagering;
SECTION 13. In Colorado Revised Statutes, 44-33-103, amend (1)
and (3) as follows:
44-33-103. Definitions. As used in this article 33, unless the context
otherwise requires:
(1) "Licensee" means a licensee as defined in section 44-32-102
(14), or
an operator or retail gaming licensee under section 44-30-501 (1)(b)
or (1)(c),
AN INTERNET SPORTS BETTING OPERATOR AS DEFINED IN SECTION
44-30-1501 (5), OR A SPORTS BETTING OPERATOR AS DEFINED IN SECTION
44-30-1501 (11).
(3) "Payment" means cash winnings from limited gaming,
FROM
SPORTS BETTING
, or from pari-mutuel wagering on horse or greyhound
racing payable by a licensee for which the licensee is required to file form
W-2G, or a substantially equivalent form, with the United States internal
revenue service.
SECTION 14. In Colorado Revised Statutes, 44-30-302, amend (1)
PAGE 5-HOUSE BILL 22-1412 introductory portion, (1)(u), and (1)(v); and add (1)(w) as follows:
44-30-302. Commission - powers and duties - rules. (1) In
addition to any other powers and duties set forth in this part 3, and
notwithstanding the designation of the Colorado limited gaming control
commission under section 44-30-201 as a type 2 transfer
ENTITY, the
commission shall nonetheless have HAS the following powers and duties:
(u) To demand, at any time when business is being conducted,
access to and inspection, examination, photocopying, and auditing of all
papers, books, and records of applicants and licensees, on their premises or
elsewhere as practicable and in the presence of the licensee or the licensee's
agent, pertaining to the gross income produced by any establishment or
activity licensed under this article 30; to require verification of income and
all other matters affecting the enforcement of the policies of the commission
or any provision of this article 30; and to impound or remove all papers,
books, and records of applicants and licensees, without hearing, for
inspection or examination; and
(v) To prescribe voluntary alternative methods for the making,
filing, signing, subscribing, verifying, transmitting, receiving, or storing of
returns or other documents;
AND
(w) TO DETERMINE WHETHER PERSONS THAT ARE NOT LICENSED BY
THE COMMISSION TO CONDUCT SPORTS BETTING OR LIMITED GAMING
OPERATIONS ARE OFFERING TO ONE OR MORE MEMBERS OF THE PUBLIC
, IN
ANY CITY
, TOWN, CITY AND COUNTY, OR COUNTY:
(I) U
NLICENSED SPORTS BETTING OPERATIONS ;
(II) U
NLICENSED INTERNET SPORTS BETTING OPERATIONS ; OR
(III) UNLICENSED ESTABLISHMENTS THAT ALLOW THE USE OF
EQUIPMENT OR DEVICES THAT QUALIFY AS SLOT MACHINES OR ARE USED TO
PLAY ROULETTE OR CRAPS
.
SECTION 15. In Colorado Revised Statutes, add 44-30-837 as
follows:
44-30-837. Conducting gaming activities without a license. (1) A
PAGE 6-HOUSE BILL 22-1412 PERSON SHALL NOT OFFER SPORTS BETTING OR ONE OR MORE GAMES ,
AUTHORIZED AS "LIMITED GAMING", TO THE PUBLIC WITHOUT POSSESSING
THE REQUIRED LICENSE FROM THE COMMISSION TO CONDUCT
:
(a) S
PORTS BETTING OPERATIONS;
(b) I
NTERNET SPORTS BETTING OPERATIONS ; OR
(c) OPERATIONS USING EQUIPMENT OR DEVICES THAT QUALIFY AS
SLOT MACHINES OR ARE USED TO PLAY ROULETTE OR CRAPS
.
SECTION 16. In Colorado Revised Statutes, 44-30-809, amend
(1), (3), and (4) as follows:
44-30-809. Age of participants - penalties - applicability.
(1) (a)
It is unlawful for any person under WHO IS LESS THAN twenty-one
years of age to
(I) Linger in the gaming area of a casino;
(II) Sit on a chair or be present at a gaming table, slot machine, or
other area in which gaming is conducted; or
(III) participate, play, be allowed to play, place wagers, or collect
winnings, whether personally or through an agent, in or from any limited
gaming game or slot machines.
(b) Subsections (1)(a)(I) and (1)(a)(II) of this section shall not apply
to a person employed by the casino in which the person is present.
(c) Nothing in subsection (1)(a) of this section shall prevent any
person under twenty-one years of age from passing through a casino to
nongaming areas.
(3) (a) It is unlawful for any licensee to permit any person who is
less than twenty-one years of age to
(I) Linger in the gaming area of a casino;
(II) Sit on a chair or be present at a gaming table, slot machine, or
PAGE 7-HOUSE BILL 22-1412 other area in which gaming is conducted; or
(III) participate, play, place wagers, or collect winnings, whether
personally or through an agent, in or from any limited gaming game or slot
machine.
(b) Subsections (3)(a)(I) and (3)(a)(II) of this section shall not apply
to a person employed by the casino in which the person is present.
(c) Nothing in subsection (3)(a) of this section shall prevent any
person under twenty-one years of age from passing through a casino to
nongaming areas.
(4) Any person violating any of the provisions of this section
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501. IS SUBJECT TO THE FOLLOWING CIVIL AND CRIMINAL PENALTIES :
(a) F
OR A FIRST OFFENSE, A CIVIL PENALTY OF FIVE HUNDRED
DOLLARS
;
(b) F
OR A SECOND OFFENSE, A CIVIL PENALTY OF ONE THOUSAND
DOLLARS
; AND
(c) FOR A THIRD OR SUBSEQUENT OFFENSE , THE PERSON SHALL BE
CHARGED WITH A CLASS
2 MISDEMEANOR AND PUNISHED AS PROVIDED IN
SECTION
18-1.3-501.
SECTION 17. Act subject to petition - effective date. Sections 9,
10, 11, 12, and 13 of this act take effect July 1, 2023, and the remainder of
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
PAGE 8-HOUSE BILL 22-1412 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor; except that sections 9, 10,
11, 12, and 13 take effect July 1, 2023.
____________________________ ____________________________
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 9-HOUSE BILL 22-1412