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Colorado House Bill HB1412

Colorado 2022 Regular Session

Colorado House Bill HB1412 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
7+LLS NO. 22-0314.01 Richard Sweetman x4333
18 HOUSE BILL 22-1412
2-BY REPRESENTATIVE(S) Garnett and Van Winkle, Amabile, Roberts,
3-Snyder, Williams, Kipp;
4-also SENATOR(S) Cooke, Moreno.
9+House Committees Senate Committees
10+Business Affairs & Labor Finance
11+Finance Appropriations
12+Appropriations
13+A BILL FOR AN ACT
514 C
6-ONCERNING THE CONTINUATION OF THE DIVISION OF GAMING IN THE
7-DEPARTMENT OF REVENUE
8-, AND, IN CONNECTION THEREWITH ,
9-IMPLEMENTING THE RECOMMENDATIONS CONTAINED IN THE 2021
10-SUNSET REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .
11-
12-Be it enacted by the General Assembly of the State of Colorado:
13-SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
14-(23)(a)(VII); and add (34)(a)(VII) as follows:
15-24-34-104. General assembly review of regulatory agencies and
16-functions for repeal, continuation, or reestablishment - legislative
17-declaration - repeal. (23) (a) The following agencies, functions, or both,
18-are scheduled for repeal on September 1, 2022:
19-(VII) The division of gaming created in part 2 of article 30 of title
20-44;
21-NOTE: This bill has been prepared for the signatures of the appropriate legislative
22-officers and the Governor. To determine whether the Governor has signed the bill
23-or taken other action on it, please consult the legislative status sheet, the legislative
24-history, or the Session Laws.
25-________
26-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27-through words or numbers indicate deletions from existing law and such material is not part of
28-the act. (34) (a) The following agencies, functions, or both, are scheduled
29-for repeal on September 1, 2033:
30-(VII) T
31-HE DIVISION OF GAMING CREATED IN PART 2 OF ARTICLE 30 OF
32-TITLE
33-44.
34-SECTION 2. In Colorado Revised Statutes, amend 44-30-206 as
35-follows:
15+ONCERNING THE CONTINUATION OF TH E DIVISION OF GAMING IN THE101
16+DEPARTMENT OF REVENUE , AND, IN CONNECTION THEREWITH ,102
17+IMPLEMENTING THE RECOMMENDAT IONS CONTAINED IN THE103
18+2021
19+ SUNSET REPORT BY THE DEPARTMENT OF REGULATORY104
20+AGENCIES.105
21+Bill Summary
22+(Note: This summary applies to this bill as introduced and does
23+not reflect any amendments that may be subsequently adopted. If this bill
24+passes third reading in the house of introduction, a bill summary that
25+applies to the reengrossed version of this bill will be available at
26+http://leg.colorado.gov/
27+.)
28+Sunset Process - House Business Affairs and Labor
29+Committee. The bill implements the recommendations of the department
30+SENATE
31+Amended 2nd Reading
32+May 9, 2022
33+HOUSE
34+3rd Reading Unamended
35+May 6, 2022
36+HOUSE
37+Amended 2nd Reading
38+May 5, 2022
39+HOUSE SPONSORSHIP
40+Garnett and Van Winkle, Amabile, Roberts, Snyder, Williams
41+SENATE SPONSORSHIP
42+Cooke,
43+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
44+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
45+Dashes through the words indicate deletions from existing statute. of regulatory agencies in its sunset review and report on the division of
46+gaming (division) in the department of revenue. Specifically:
47+! Sections 1 and 2 of the bill implement a portion of
48+recommendation 1 of the report by continuing the division
49+for 11 years, until 2033;
50+! Sections 1 and 3 implement a portion of recommendation
51+1 by continuing the regulation of sports betting by the
52+division for 5 years, until 2027;
53+! Section 4 implements recommendation 2 by allowing the
54+Colorado limited gaming control commission to delegate
55+licensing duties to the division;
56+! Sections 5 and 6 implement recommendation 3 by
57+changing the minimum age for a casino employee from 21
58+years of age to 18 years of age;
59+! Sections 7 and 8 implement recommendation 4 by
60+designating the department of revenue's hearings division
61+to conduct hearings under the "Fantasy Contests Act";
62+! Section 9 implements recommendation 5 by repealing the
63+requirement that internationally based internet sports
64+betting personnel submit to a fingerprint-based criminal
65+history record check; and
66+! Sections 10 through 14 implement recommendation 6 by
67+subjecting payments of sports bet winnings to the
68+"Gambling Payment Intercept Act".
69+Be it enacted by the General Assembly of the State of Colorado:1
70+SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
71+(23)(a)(VII); and add
72+ (34)(a)(II) as follows:3
73+24-34-104. General assembly review of regulatory agencies4
74+and functions for repeal, continuation, or reestablishment - legislative5
75+declaration - repeal. (23) (a) The following agencies, functions, or both,6
76+are scheduled for repeal on September 1, 2022:7
77+(VII) The division of gaming created in part 2 of article 30 of title8
78+44;9
79+ 10
80+ 11
81+1412-2- (34) (a) The following agencies, functions, or both, are scheduled1
82+for repeal on September 1, 2033:2
83+(II) T
84+HE DIVISION OF GAMING CREATED IN PART 2 OF ARTICLE 303
85+OF TITLE 44.4
86+SECTION 2. In Colorado Revised Statutes, amend 44-30-206 as5
87+follows:6
3688 44-30-206. Repeal of division - review of functions. Unless
37-continued by the general assembly, This part 2 is repealed, effective
38-September 1, 2022, and those powers, duties, and functions of the director
39-specified in this part 2 are abolished. The provisions of section 24-34-104
40-(2) to (8) concerning a wind-up period, an analysis and evaluation, public
41-hearings, and claims by or against an agency apply to the powers, duties,
42-and functions of the director of the division SEPTEMBER 1, 2033. BEFORE
43-THE REPEAL
44-, THE DIVISION OF GAMING IS SCHEDULED FOR REVIEW IN
45-ACCORDANCE WITH SECTION
46-24-34-104.
47-SECTION 3. In Colorado Revised Statutes, amend 44-30-507 as
48-follows:
89+7
90+continued by the general assembly, This part 2 is repealed, effective8
91+September 1, 2022, and those powers, duties, and functions of the director9
92+specified in this part 2 are abolished. The provisions of section 24-34-10410
93+(2) to (8) concerning a wind-up period, an analysis and evaluation, public11
94+hearings, and claims by or against an agency apply to the powers, duties,12
95+and functions of the director of the division SEPTEMBER 1, 2033. BEFORE13
96+THE REPEAL, THE DIVISION OF GAMING IS SCHEDULED FOR REVIEW IN14
97+ACCORDANCE WITH SECTION 24-34-104.15
98+ 16
99+SECTION 3. In Colorado Revised Statutes, amend 44-30-507 as17
100+follows:18
49101 44-30-507. Delegation of licensing duties. The commission,
50-AT ITS
51-DISCRETION
52-, may delegate LICENSING DUTIES DESCRIBED IN THIS PART 5 to
53-the division. the authority to issue permanent and temporary support and
54-key employee licenses, but the commission shall review and approve the
55-issuance of all other licenses issued pursuant to this article 30.
56-SECTION 4. In Colorado Revised Statutes, 44-30-103, amend (14)
57-introductory portion as follows:
58-44-30-103. Definitions. As used in this article 30, unless the context
59-otherwise requires:
60-(14) "Gaming employee" means any person employed by an
61-operator or retailer hosting gaming to work directly with the gaming portion
62-of the operator's or retailer's business, who shall be twenty-one
63- EIGHTEEN
64-years of age or older and hold a support license. Persons deemed to be gaming employees shall
65- include: but shall not be limited to:
66-PAGE 2-HOUSE BILL 22-1412 SECTION 5. In Colorado Revised Statutes, amend 44-30-811 as
67-follows:
68-44-30-811. Persons conducting limited gaming. (1) No A person
69-under the age of twenty-one years EIGHTEEN YEARS OF AGE shall NOT:
70-(a) Be employed as a gaming employee;
71-(b) Conduct, or assist in conducting, any limited gaming activity;
72-and no such person shall
73- OR
74-(c) Manage or handle any of the proceeds from limited gaming.
75-SECTION 6. In Colorado Revised Statutes, 44-30-1610, amend (2)
76-as follows:
77-44-30-1610. Grounds for discipline. (2) If it appears to the
78-director, based upon credible evidence as presented in a written complaint,
79-that a person is operating or offering to operate a fantasy contest without
80-having obtained a registration or license, the director may issue an order to
81-cease and desist the activity. The director shall set forth in the order the
82-statutes and rules alleged to have been violated, the facts alleged to have
83-constituted the violation, and the requirement that all unauthorized practices
84-immediately cease. Within ten days after service of the order to cease and
85-desist pursuant to this subsection (2), the person may request a hearing on
86-the question of whether acts or practices in violation of this part 16 have
87-occurred. The hearing shall be conducted pursuant to section 24-4-105
88-BY
89-THE HEARINGS DIVISION OF THE DEPARTMENT IN ACCORDANCE WITH SECTION
90-44-30-1613.
91-SECTION 7. In Colorado Revised Statutes, add 44-30-1613 as
92-follows:
102+AT19
103+ITS DISCRETION, may delegate LICENSING DUTIES DESCRIBED IN THIS PART20
104+5 to the division. the authority to issue permanent and temporary support
105+21
106+and key employee licenses, but the commission shall review and approve22
107+the issuance of all other licenses issued pursuant to this article 30.23
108+SECTION 4. In Colorado Revised Statutes, 44-30-103, amend24
109+(14) introductory portion as follows:25
110+44-30-103. Definitions. As used in this article 30, unless the26
111+context otherwise requires:27
112+1412
113+-3- (14) "Gaming employee" means any person employed by an1
114+operator or retailer hosting gaming to work directly with the gaming2
115+portion of the operator's or retailer's business, who shall be twenty-one3
116+EIGHTEEN years of age or older and hold a support license. Persons4
117+deemed to be gaming employees shall include: but shall not be limited to:5
118+SECTION 5. In Colorado Revised Statutes, amend 44-30-811 as6
119+follows:7
120+44-30-811. Persons conducting limited gaming. (1) No A8
121+person under the age of twenty-one years EIGHTEEN YEARS OF AGE shall9
122+NOT:10
123+(a) Be employed as a gaming employee;11
124+(b) Conduct, or assist in conducting, any limited gaming activity;12
125+and no such person shall OR13
126+(c) Manage or handle any of the proceeds from limited gaming.14
127+SECTION 6. In Colorado Revised Statutes, 44-30-1610, amend15
128+(2) as follows:16
129+44-30-1610. Grounds for discipline. (2) If it appears to the17
130+director, based upon credible evidence as presented in a written18
131+complaint, that a person is operating or offering to operate a fantasy19
132+contest without having obtained a registration or license, the director may20
133+issue an order to cease and desist the activity. The director shall set forth21
134+in the order the statutes and rules alleged to have been violated, the facts22
135+alleged to have constituted the violation, and the requirement that all23
136+unauthorized practices immediately cease. Within ten days after service24
137+of the order to cease and desist pursuant to this subsection (2), the person25
138+may request a hearing on the question of whether acts or practices in26
139+violation of this part 16 have occurred. The hearing shall be conducted27
140+1412
141+-4- pursuant to section 24-4-105 BY THE HEARINGS DIVISION OF THE1
142+DEPARTMENT IN ACCORDANCE WITH SECTION 44-30-1613.2
143+SECTION 7. In Colorado Revised Statutes, add 44-30-1613 as3
144+follows:4
93145 44-30-1613. Hearings. F
94-OR THE PURPOSES OF THIS PART 16,
95-ADMINISTRATIVE HEARINGS SHALL BE CONDUCTED BY THE HEARINGS
96-DIVISION OF THE DEPARTMENT
97-.
98-SECTION 8. In Colorado Revised Statutes, 44-30-1504, amend
99-(7)(a) as follows:
100-PAGE 3-HOUSE BILL 22-1412 44-30-1504. Disclosure of information by corporate applicants
101-- license required - investigation - criminal history record check - rules
102-- definition. (7) (a) Each applicant for a sports betting license, with or as
103-a supplement to the application, shall submit a set of fingerprints to the
104-division;
105-EXCEPT THAT AN APPLICANT WHOSE PRIMARY RESIDENCE IS
106-LOCATED OUTSIDE OF THE
107-UNITED STATES IS NOT REQUIRED TO SATISFY THIS
108-REQUIREMENT UNLESS THE COMMISSION DETERMINES THAT THE APPLICANT
109-IS SO REQUIRED
110-. The division shall forward the fingerprints to the Colorado
111-bureau of investigation for the purpose of conducting a state and national
112-fingerprint-based criminal history record check utilizing records of the
113-Colorado bureau of investigation and the federal bureau of investigation.
114-Only the actual costs of the record check shall be borne by the applicant.
115-Nothing in this subsection (7) precludes the division from making further
116-inquiries into the background of the applicant.
117-SECTION 9. In Colorado Revised Statutes, 26-13-118.7, amend
118-(2) as follows:
119-26-13-118.7. Gambling winnings - interception - rules. (2) Upon
120-receipt from the registry operator of a payment and accompanying
121-information pursuant to section 44-33-105 (2)(b), the state department,
122-THROUGH THE CASINO , SPORTS BETTING OPERATOR , INTERNET SPORTS
123-BETTING OPERATOR
124-, RACETRACK, OR OFF-TRACK BETTING FACILITY, shall
125-notify the obligated parent in writing that the state intends to offset the
126-parent's child support debt, child support arrearages, or child support costs
127-against the parent's winnings from limited gaming,
128-FROM SPORTS BETTING,
129-or from pari-mutuel wagering on horse or greyhound racing. The notice
130-shall MUST include information on CONCERNING the parent's right to object
131-to the offset and to request an administrative review pursuant to the rules of
132-the state board.
133-SECTION 10. In Colorado Revised Statutes, 44-30-1503, amend
134-(2)(a)(IV) as follows:
135-44-30-1503. Licenses - rules. (2) (a) A license shall be revoked
136-upon a finding that the licensee has:
146+OR THE PURPOSES OF THIS PART 16,5
147+ADMINISTRATIVE HEARINGS SHALL BE CONDUCTED BY THE HEARINGS6
148+DIVISION OF THE DEPARTMENT.7
149+SECTION
150+8. In Colorado Revised Statutes, 44-30-1504, amend8
151+(7)(a) as follows:9
152+44-30-1504. Disclosure of information by corporate applicants10
153+- license required - investigation - criminal history record check -11
154+rules - definition. (7) (a) Each applicant for a sports betting license, with12
155+or as a supplement to the application, shall submit a set of fingerprints to13
156+the division;
157+EXCEPT THAT AN APPLICANT WHOSE PRIMARY RESIDENCE IS14
158+LOCATED OUTSIDE OF THE UNITED STATES IS NOT REQUIRED TO SATISFY15
159+THIS REQUIREMENT UNLESS THE COMMISSION DETERMINES THAT THE16
160+APPLICANT IS SO REQUIRED. The division shall forward the fingerprints to17
161+the Colorado bureau of investigation for the purpose of conducting a state18
162+and national fingerprint-based criminal history record check utilizing19
163+records of the Colorado bureau of investigation and the federal bureau of20
164+investigation. Only the actual costs of the record check shall be borne by21
165+the applicant. Nothing in this subsection (7) precludes the division from22
166+making further inquiries into the background of the applicant.23
167+SECTION
168+9. In Colorado Revised Statutes, 26-13-118.7, amend24
169+(2) as follows:25
170+26-13-118.7. Gambling winnings - interception - rules.26
171+(2) Upon receipt from the registry operator of a payment and27
172+1412
173+-5- accompanying information pursuant to section 44-33-105 (2)(b), the state1
174+department, THROUGH THE CASINO, SPORTS BETTING OPERATOR, INTERNET2
175+SPORTS BETTING OPERATOR, RACETRACK, OR OFF-TRACK BETTING3
176+FACILITY, shall notify the obligated parent in writing that the state intends4
177+to offset the parent's child support debt, child support arrearages, or child5
178+support costs against the parent's winnings from limited gaming,
179+FROM6
180+SPORTS BETTING, or from pari-mutuel wagering on horse or greyhound7
181+racing. The notice shall
182+ MUST include information on CONCERNING the8
183+parent's right to object to the offset and to request an administrative9
184+review pursuant to the rules of the state board.10
185+SECTION 10. In Colorado Revised Statutes, 44-30-1503, amend11
186+(2)(a)(IV) as follows:12
187+44-30-1503. Licenses - rules. (2) (a) A license shall be revoked13
188+upon a finding that the licensee has:14
137189 (IV) E
138-XCEPT AS REQUIRED BY SECTION 44-30-1516, intentionally
190+XCEPT AS REQUIRED BY SECTION 44-30-1516, intentionally15
139191 refused to pay a prize
140- CASH WINNINGS in the licensee's possession to a
141-person entitled to receive the prize CASH WINNINGS under this part 15.
142-PAGE 4-HOUSE BILL 22-1412 SECTION 11. In Colorado Revised Statutes, add 44-30-1516 as
143-follows:
144-44-30-1516. Duties of licensees under the gambling payment
192+ CASH WINNINGS in the licensee's possession to a16
193+person entitled to receive the prize CASH WINNINGS under this part 15.17
194+SECTION 11. In Colorado Revised Statutes, add 44-30-1516 as18
195+follows:19
196+44-30-1516. Duties of licensees under the gambling payment20
145197 intercept act. B
146-EFORE MAKING A PAYMENT OF CASH WINNINGS , A LICENSEE
147-SHALL COMPLY WITH THE REQUIREMENTS OF ARTICLE
148-33 OF THIS TITLE 44.
149-SECTION 12. In Colorado Revised Statutes, 44-33-102, amend
150-(1)(c) and (1)(f) as follows:
151-44-33-102. Legislative declaration. (1) The general assembly
152-hereby finds and declares that:
153-(c) Children are adversely affected when parents divert their
198+EFORE MAKING A PAYMENT OF CASH WINNINGS , A21
199+LICENSEE SHALL COMPLY WITH THE REQUIREMENTS OF ARTICLE 33 OF THIS22
200+TITLE 44.23
201+SECTION
202+12. In Colorado Revised Statutes, 44-33-102, amend24
203+(1)(c) and (1)(f) as follows:25
204+44-33-102. Legislative declaration. (1) The general assembly26
205+hereby finds and declares that:27
206+1412
207+-6- (c) Children are adversely affected when parents divert their1
154208 financial support to limited gaming,
155-SPORTS BETTING, and pari-mutuel
156-wagering;
157-(f) Victims of crime and all the people of the state are adversely
158-affected when criminal offenders divert restitution to limited gaming,
159-SPORTS BETTING, and pari-mutuel wagering;
160-SECTION 13. In Colorado Revised Statutes, 44-33-103, amend (1)
161-and (3) as follows:
162-44-33-103. Definitions. As used in this article 33, unless the context
163-otherwise requires:
164-(1) "Licensee" means a licensee as defined in section 44-32-102
165-(14), or
166- an operator or retail gaming licensee under section 44-30-501 (1)(b)
167-or (1)(c),
168-AN INTERNET SPORTS BETTING OPERATOR AS DEFINED IN SECTION
169-44-30-1501 (5), OR A SPORTS BETTING OPERATOR AS DEFINED IN SECTION
170-44-30-1501 (11).
209+SPORTS BETTING, and pari-mutuel2
210+wagering;3
211+(f) Victims of crime and all the people of the state are adversely4
212+affected when criminal offenders divert restitution to limited gaming,5
213+SPORTS BETTING, and pari-mutuel wagering;6
214+SECTION
215+13. In Colorado Revised Statutes, 44-33-103, amend7
216+(1) and (3) as follows:8
217+44-33-103. Definitions. As used in this article 33, unless the9
218+context otherwise requires:10
219+(1) "Licensee" means a licensee as defined in section 44-32-10211
220+(14), or an operator or retail gaming licensee under section 44-30-50112
221+(1)(b) or (1)(c),
222+AN INTERNET SPORTS BETTING OPERATOR AS DEFINED IN13
223+SECTION 44-30-1501 (5), OR A SPORTS BETTING OPERATOR AS DEFINED IN14
224+SECTION 44-30-1501 (11).15
171225 (3) "Payment" means cash winnings from limited gaming,
172-FROM
173-SPORTS BETTING
174-, or from pari-mutuel wagering on horse or greyhound
175-racing payable by a licensee for which the licensee is required to file form
176-W-2G, or a substantially equivalent form, with the United States internal
177-revenue service.
178-SECTION 14. In Colorado Revised Statutes, 44-30-302, amend (1)
179-PAGE 5-HOUSE BILL 22-1412 introductory portion, (1)(u), and (1)(v); and add (1)(w) as follows:
180-44-30-302. Commission - powers and duties - rules. (1) In
181-addition to any other powers and duties set forth in this part 3, and
182-notwithstanding the designation of the Colorado limited gaming control
183-commission under section 44-30-201 as a type 2 transfer
184- ENTITY, the
185-commission shall nonetheless have HAS the following powers and duties:
186-(u) To demand, at any time when business is being conducted,
187-access to and inspection, examination, photocopying, and auditing of all
188-papers, books, and records of applicants and licensees, on their premises or
189-elsewhere as practicable and in the presence of the licensee or the licensee's
190-agent, pertaining to the gross income produced by any establishment or
191-activity licensed under this article 30; to require verification of income and
192-all other matters affecting the enforcement of the policies of the commission
193-or any provision of this article 30; and to impound or remove all papers,
194-books, and records of applicants and licensees, without hearing, for
195-inspection or examination; and
196-(v) To prescribe voluntary alternative methods for the making,
197-filing, signing, subscribing, verifying, transmitting, receiving, or storing of
198-returns or other documents;
199-AND
200-(w) TO DETERMINE WHETHER PERSONS THAT ARE NOT LICENSED BY
201-THE COMMISSION TO CONDUCT SPORTS BETTING OR LIMITED GAMING
202-OPERATIONS ARE OFFERING TO ONE OR MORE MEMBERS OF THE PUBLIC
203-, IN
204-ANY CITY
205-, TOWN, CITY AND COUNTY, OR COUNTY:
206-(I) U
207-NLICENSED SPORTS BETTING OPERATIONS ;
208-(II) U
209-NLICENSED INTERNET SPORTS BETTING OPERATIONS ; OR
210-(III) UNLICENSED ESTABLISHMENTS THAT ALLOW THE USE OF
211-EQUIPMENT OR DEVICES THAT QUALIFY AS SLOT MACHINES OR ARE USED TO
212-PLAY ROULETTE OR CRAPS
213-.
214-SECTION 15. In Colorado Revised Statutes, add 44-30-837 as
215-follows:
216-44-30-837. Conducting gaming activities without a license. (1) A
217-PAGE 6-HOUSE BILL 22-1412 PERSON SHALL NOT OFFER SPORTS BETTING OR ONE OR MORE GAMES ,
218-AUTHORIZED AS "LIMITED GAMING", TO THE PUBLIC WITHOUT POSSESSING
219-THE REQUIRED LICENSE FROM THE COMMISSION TO CONDUCT
220-:
221-(a) S
222-PORTS BETTING OPERATIONS;
223-(b) I
224-NTERNET SPORTS BETTING OPERATIONS ; OR
225-(c) OPERATIONS USING EQUIPMENT OR DEVICES THAT QUALIFY AS
226-SLOT MACHINES OR ARE USED TO PLAY ROULETTE OR CRAPS
227-.
228-SECTION 16. In Colorado Revised Statutes, 44-30-809, amend
229-(1), (3), and (4) as follows:
230-44-30-809. Age of participants - penalties - applicability.
231-(1) (a)
232- It is unlawful for any person under WHO IS LESS THAN twenty-one
233-years of age to
234-(I) Linger in the gaming area of a casino;
235-(II) Sit on a chair or be present at a gaming table, slot machine, or
236-other area in which gaming is conducted; or
237-(III) participate, play, be allowed to play, place wagers, or collect
238-winnings, whether personally or through an agent, in or from any limited
239-gaming game or slot machines.
240-(b) Subsections (1)(a)(I) and (1)(a)(II) of this section shall not apply
241-to a person employed by the casino in which the person is present.
242-(c) Nothing in subsection (1)(a) of this section shall prevent any
243-person under twenty-one years of age from passing through a casino to
244-nongaming areas.
245-(3) (a) It is unlawful for any licensee to permit any person who is
246-less than twenty-one years of age to
247-(I) Linger in the gaming area of a casino;
248-(II) Sit on a chair or be present at a gaming table, slot machine, or
249-PAGE 7-HOUSE BILL 22-1412 other area in which gaming is conducted; or
250-(III) participate, play, place wagers, or collect winnings, whether
251-personally or through an agent, in or from any limited gaming game or slot
252-machine.
253-(b) Subsections (3)(a)(I) and (3)(a)(II) of this section shall not apply
254-to a person employed by the casino in which the person is present.
255-(c) Nothing in subsection (3)(a) of this section shall prevent any
256-person under twenty-one years of age from passing through a casino to
257-nongaming areas.
258-(4) Any person violating any of the provisions of this section
259-commits a class 2 misdemeanor and shall be punished as provided in section
260-18-1.3-501. IS SUBJECT TO THE FOLLOWING CIVIL AND CRIMINAL PENALTIES :
261-(a) F
262-OR A FIRST OFFENSE, A CIVIL PENALTY OF FIVE HUNDRED
263-DOLLARS
264-;
265-(b) F
266-OR A SECOND OFFENSE, A CIVIL PENALTY OF ONE THOUSAND
267-DOLLARS
268-; AND
269-(c) FOR A THIRD OR SUBSEQUENT OFFENSE , THE PERSON SHALL BE
270-CHARGED WITH A CLASS
271-2 MISDEMEANOR AND PUNISHED AS PROVIDED IN
272-SECTION
273-18-1.3-501.
274-SECTION 17. Act subject to petition - effective date. Sections 9,
275-10, 11, 12, and 13 of this act take effect July 1, 2023, and the remainder of
276-this act takes effect at 12:01 a.m. on the day following the expiration of the
277-ninety-day period after final adjournment of the general assembly; except
278-that, if a referendum petition is filed pursuant to section 1 (3) of article V
279-of the state constitution against this act or an item, section, or part of this act
280-within such period, then the act, item, section, or part will not take effect
281-unless approved by the people at the general election to be held in
282-PAGE 8-HOUSE BILL 22-1412 November 2022 and, in such case, will take effect on the date of the official
283-declaration of the vote thereon by the governor; except that sections 9, 10,
284-11, 12, and 13 take effect July 1, 2023.
285-____________________________ ____________________________
286-Alec Garnett Steve Fenberg
287-SPEAKER OF THE HOUSE PRESIDENT OF
288-OF REPRESENTATIVES THE SENATE
289-____________________________ ____________________________
290-Robin Jones Cindi L. Markwell
291-CHIEF CLERK OF THE HOUSE SECRETARY OF
292-OF REPRESENTATIVES THE SENATE
293- APPROVED________________________________________
294- (Date and Time)
295- _________________________________________
296- Jared S. Polis
297- GOVERNOR OF THE STATE OF COLORADO
298-PAGE 9-HOUSE BILL 22-1412
226+FROM16
227+SPORTS BETTING, or from pari-mutuel wagering on horse or greyhound17
228+racing payable by a licensee for which the licensee is required to file form18
229+W-2G, or a substantially equivalent form, with the United States internal19
230+revenue service.20
231+SECTION 14. In Colorado Revised Statutes, 44-30-302, amend21
232+(1) introductory portion, (1)(u), and (1)(v); and add (1)(w) as follows:22
233+44-30-302. Commission - powers and duties - rules. (1) In23
234+addition to any other powers and duties set forth in this part 3, and24
235+notwithstanding the designation of the Colorado limited gaming control25
236+commission under section 44-30-201 as a type 2 transfer ENTITY, the26
237+commission shall nonetheless have HAS the following powers and duties:27
238+1412
239+-7- (u) To demand, at any time when business is being conducted,1
240+access to and inspection, examination, photocopying, and auditing of all2
241+papers, books, and records of applicants and licensees, on their premises3
242+or elsewhere as practicable and in the presence of the licensee or the4
243+licensee's agent, pertaining to the gross income produced by any5
244+establishment or activity licensed under this article 30; to require6
245+verification of income and all other matters affecting the enforcement of7
246+the policies of the commission or any provision of this article 30; and to8
247+impound or remove all papers, books, and records of applicants and9
248+licensees, without hearing, for inspection or examination; and10
249+(v) To prescribe voluntary alternative methods for the making,11
250+filing, signing, subscribing, verifying, transmitting, receiving, or storing12
251+of returns or other documents; AND13
252+(w) TO DETERMINE WHETHER PERSONS THAT ARE NOT LICENSED14
253+BY THE COMMISSION TO CONDUCT SPORTS BETTING OR LIMITED GAMING15
254+OPERATIONS ARE OFFERING TO ONE OR MORE MEMBERS OF THE PUBLIC, IN16
255+ANY CITY, TOWN, CITY AND COUNTY, OR COUNTY:17
256+(I) UNLICENSED SPORTS BETTING OPERATIONS ;18
257+(II) UNLICENSED INTERNET SPORTS BETTING OPERATIONS ; OR19
258+(III) UNLICENSED ESTABLISHMENTS THAT ALLOW THE USE OF20
259+EQUIPMENT OR DEVICES THAT QUALIFY AS SLOT MACHINES OR ARE USED21
260+TO PLAY ROULETTE OR CRAPS.22
261+SECTION 15. In Colorado Revised Statutes, add 44-30-837 as23
262+follows:24
263+44-30-837. Conducting gaming activities without a license.25
264+(1) A PERSON SHALL NOT OFFER SPORTS BETTING OR ONE OR MORE26
265+GAMES, AUTHORIZED AS "LIMITED GAMING", TO THE PUBLIC WITHOUT27
266+1412
267+-8- POSSESSING THE REQUIRED LICENSE FROM THE COMMISSION TO CONDUCT:1
268+(a) SPORTS BETTING OPERATIONS;2
269+(b) INTERNET SPORTS BETTING OPERATIONS ; OR 3
270+(c) OPERATIONS USING EQUIPMENT OR DEVICES THAT QUALIFY AS4
271+SLOT MACHINES OR ARE USED TO PLAY ROULETTE OR CRAPS .5
272+SECTION 16. In Colorado Revised Statutes, 44-30-809, amend6
273+(1), (3), and (4) as follows:7
274+44-30-809. Age of participants - penalties - applicability.8
275+(1) (a) It is unlawful for any person under WHO IS LESS THAN twenty-one9
276+years of age to10
277+(I) Linger in the gaming area of a casino;11
278+(II) Sit on a chair or be present at a gaming table, slot machine, or12
279+other area in which gaming is conducted; or13
280+(III) participate, play, be allowed to play, place wagers, or collect14
281+winnings, whether personally or through an agent, in or from any limited15
282+gaming game or slot machines.16
283+(b) Subsections (1)(a)(I) and (1)(a)(II) of this section shall not17
284+apply to a person employed by the casino in which the person is present.18
285+(c) Nothing in subsection (1)(a) of this section shall prevent any19
286+person under twenty-one years of age from passing through a casino to20
287+nongaming areas.21
288+(3) (a) It is unlawful for any licensee to permit any person who is22
289+less than twenty-one years of age to23
290+(I) Linger in the gaming area of a casino;24
291+(II) Sit on a chair or be present at a gaming table, slot machine, or25
292+other area in which gaming is conducted; or26
293+(III) participate, play, place wagers, or collect winnings, whether27
294+1412
295+-9- personally or through an agent, in or from any limited gaming game or1
296+slot machine.2
297+(b) Subsections (3)(a)(I) and (3)(a)(II) of this section shall not3
298+apply to a person employed by the casino in which the person is present.4
299+(c) Nothing in subsection (3)(a) of this section shall prevent any5
300+person under twenty-one years of age from passing through a casino to6
301+nongaming areas.7
302+(4) Any person violating any of the provisions of this section8
303+commits a class 2 misdemeanor and shall be punished as provided in9
304+section 18-1.3-501. IS SUBJECT TO THE FOLLOWING CIVIL AND CRIMINAL10
305+PENALTIES:11
306+(a) FOR A FIRST OFFENSE, A CIVIL PENALTY OF FIVE HUNDRED12
307+DOLLARS;13
308+(b) FOR A SECOND OFFENSE, A CIVIL PENALTY OF ONE THOUSAND14
309+DOLLARS; AND15
310+(c) FOR A THIRD OR SUBSEQUENT OFFENSE, THE PERSON SHALL BE16
311+CHARGED WITH A CLASS 2 MISDEMEANOR AND PUNISHED AS PROVIDED IN17
312+SECTION 18-1.3-501.18
313+ SECTION 17. Act subject to petition - effective date.19
314+Sections 9, 10, 11, 12, and 13 of this act take effect July 1, 2023, and the20
315+remainder of this act takes effect at 12:01 a.m. on the day following the21
316+expiration of the ninety-day period after final adjournment of the general22
317+assembly; except that, if a referendum petition is filed pursuant to section23
318+1 (3) of article V of the state constitution against this act or an item,24
319+section, or part of this act within such period, then the act, item, section,25
320+or part will not take effect unless approved by the people at the general26
321+1412
322+-10- election to be held in November 2022 and, in such case, will take effect1
323+on the date of the official declaration of the vote thereon by the governor;2
324+except that sections 9, 10, 11, 12, and 13 take effect July 1, 2023.3
325+1412
326+-11-