Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0579.01 Alison Killen x4350 HOUSE BILL 24-1326 House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT C ONCERNING CONTINUATION UNDE R THE SUNSET LAW OF THE101 LICENSING OF CERTAIN GAMES OF CHANCE INCLUDING BINGO ,102 AND, IN CONNECTION THEREWITH , IMPLEMENTING THE103 RECOMMENDATIONS OF THE 2023 SUNSET REPORT OF THE104 DEPARTMENT OF REGULATORY AGENCIES .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/ .) Sunset Process - House State, Civic, Military, and Veterans Affairs Committee. The bill implements the recommendations of the HOUSE SPONSORSHIP Ricks and Brown, Epps SENATE SPONSORSHIP Smallwood and Zenzinger, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. sunset review and report on the licensing of bingo and other games of chance by: ! Retaining the secretary of state's constitutional authority over the issuance of bingo-raffle licenses to qualified charitable organizations, while transferring all remaining licensing authority and all enforcement authority under the "Bingo and Raffles Law" to the executive director of the department of revenue (executive director), effective January 1, 2025 (sections 2, 5, 7 through 17, 20 through 30, 34, 36, and 37); authorizing the executive director to promulgate rules and assess fees in connection with the executive director's duties (sections 5, 7 through 17, and 20 through 30); requiring the executive director to uphold the secretary of state's decision to issue a bingo-raffle license; requiring the secretary of state to uphold the executive director's licensing and enforcement decisions (section 5); and requiring the secretary of state and the executive director to enter into memoranda of understanding regarding their shared duties under the "Bingo and Raffles Law" (section 5); ! Terminating the Colorado bingo-raffle advisory board pursuant to the sunset law (sections 1, 4, 6, 18, 31 through 33, and 35); ! Modernizing the secretary of state's fining authority by increasing the maximum fine to $250 per violation and eliminating the provision for a fine in lieu of suspension or revocation, for the period of time between the effective date of the bill and the transfer of all enforcement authority to the executive director, effective January 1, 2025 (section 4); ! Continuing the regulation of charitable gaming under the "Bingo and Raffles Law" for 5 years, until 2029 (sections 33 through 36); and ! Making technical changes to the law (sections 2, 3, 8, 10, 12 through 16, 19, and 28). Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-21-602, repeal (6)2 as follows:3 24-21-602. Definitions. As used in this part 6, unless the context4 otherwise requires:5 HB24-1326-2- (6) "Board" means the Colorado bingo-raffle advisory board1 created in section 24-21-630.2 SECTION 2. In Colorado Revised Statutes, 24-21-602, amend3 (3), (25), (27), and (38); repeal (28); and add (16.5) and (39.5) as4 follows:5 24-21-602. Definitions - repeal. As used in this part 6, unless the6 context otherwise requires:7 (3) "Bingo-raffle licensee" means any qualified organization to8 which a bingo-raffle license has been issued by the licensing authority9 SECRETARY OF STATE.10 (16.5) "E XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR11 OF THE DEPARTMENT OF REVENUE OR THE EXECUTIVE DIRECTOR 'S12 DESIGNEE.13 (25) "License" means any license or certification issued by the14 licensing authority SECRETARY OF STATE OR THE EXECUTIVE DIRECTOR15 pursuant to this part 6, including, without limitation, the certification of16 a games manager pursuant to section 24-21-610.17 (27) "Licensee" means the holder of any license or certification18 issued by the licensing authority SECRETARY OF STATE OR THE EXECUTIVE19 DIRECTOR pursuant to this part 6. "Licensee" includes the former holder20 of such license or certification for purposes of investigation of activities21 that took place during the period in which such license or certification22 was effective.23 (28) "Licensing authority" means the secretary of state or his or24 her duly authorized deputy.25 (38) "Raffle" means a game in which a participant buys a ticket26 for a chance at a prize with the winner determined by a random method27 HB24-1326 -3- as determined by rules of the licensing authority EXECUTIVE DIRECTOR,1 or a pull tab ticket as described in subsection (36) of this section. The2 term "raffle" does not include any activity that is authorized or regulated3 by the state lottery division pursuant to article 40 of title 44 or the4 "Limited Gaming Act of 1991", article 30 of title 44.5 (39.5) "S ECRETARY OF STATE" MEANS THE SECRETARY OF STATE6 OR THE SECRETARY OF STATE'S DESIGNEE.7 SECTION 3. In Colorado Revised Statutes, 24-21-604, repeal (4)8 as follows:9 24-21-604. Legislative declaration - consideration for tickets10 - conditions - rules. (4) A bingo-raffle licensee may, directly or through 11 a third party, presell tickets to a charitable gaming event.12 SECTION 4. In Colorado Revised Statutes, 24-21-605, amend13 (1)(a)(II) and (1)(b) as follows:14 24-21-605. Licensing and enforcement authority - powers -15 rules - duties - license suspension or revocation proceedings -16 definitions. (1) The secretary of state is hereby designated as the17 "licensing authority" of this part 6. As licensing authority, the secretary18 of state's powers and duties are as follows:19 (a) (II) In lieu of seeking a suspension or revocation of any license20 issued by the licensing authority, The licensing authority may impose a21 reasonable fine for any violation of this part 6 or any rule adopted22 pursuant to this part 6, not to exceed one hundred TWO HUNDRED FIFTY23 dollars per citation. The imposition of any such fine may be appealed to24 an administrative law judge.25 (b) To supervise the administration and enforcement of this part26 6 and in consultation with the board, to adopt, amend, and repeal rules27 HB24-1326 -4- governing the holding, operating, and conducting of games of chance, the1 purchase of equipment, the establishment of a schedule of reasonable2 fines, not to exceed one hundred TWO HUNDRED FIFTY dollars per citation,3 for violation by licensees of this part 6 or of rules adopted pursuant to this4 part 6, to the end that games of chance shall be held, operated, and5 conducted only by licensees for the purposes and in conformity with the6 state constitution and the provisions of this part 6;7 SECTION 5. In Colorado Revised Statutes, repeal and reenact,8 with amendments, 24-21-605 as follows:9 24-21-605. Licensing and enforcement authority - powers -10 rules - duties - license suspension or revocation proceedings -11 definitions. (1) T HE SECRETARY OF STATE IS DESIGNATED AS THE12 AUTHORITY FOR THE ISSUANCE OF A BINGO -RAFFLE LICENSE TO A13 QUALIFIED ORGANIZATION PURS UANT TO THIS PART 6 AND IN ACCORDANCE14 WITH SECTION 2 (2) OF ARTICLE XVIII OF THE STATE CONSTITUTION. THE15 SECRETARY OF STATE'S POWERS AND DUTIES ARE AS FOLLOWS :16 (a) (I) T O ISSUE OR RENEW AN EXISTING BINGO-RAFFLE LICENSE17 FOR A QUALIFIED ORGANIZATION AND TO IMPOSE A REASONABLE FEE IN18 CONNECTION WITH A LICENSE IN ACCORDANCE WITH THIS PART 6. IF ANY19 BINGO-RAFFLE LICENSE APPLICATION HAS NOT BEEN APPROVED OR20 DISAPPROVED WITHIN FORTY-FIVE DAYS AFTER THE SECRETARY OF STATE21 HAS RECEIVED ALL INFORMATION THAT CONSTITUTES A COMPLETE22 APPLICATION, THE LICENSE IS DEEMED APPROVED . THE SECRETARY OF23 STATE SHALL NOTIFY THE APPLICANT UPON RECEIPT OF ALL INFORMATION24 THAT THE SECRETARY OF STATE DEEMS AN APPLICATION COMPLETE . THE25 SECRETARY OF STATE'S NOTIFICATION SHALL START THE FORTY-FIVE-DAY26 PERIOD IN WHICH THE SECRETARY OF STATE MUST APPROVE OR DENY THE27 HB24-1326 -5- APPLICATION. THE SECRETARY OF STATE'S FAILURE TO ACT UPON AN1 APPLICATION WITHIN FORTY -FIVE DAYS AFTER RECEIPT SHALL NOT2 PRECLUDE THE SECRETARY OF STATE FROM LATER FILING A COMPLAINT3 CHALLENGING THE APPLICATION ON THE GROUND THAT IT IS IN CONFLICT4 WITH THE STATE CONSTITUTION OR THIS PART 6. ALL BINGO-RAFFLE5 LICENSES AND APPLICATIONS FOR SUCH LICENSES SHALL BE MADE6 AVAILABLE FOR INSPECTION BY THE PUBLIC .7 (II) A N APPLICANT MAY REQUEST ADMINISTRATIVE REVIEW OF THE8 SECRETARY OF STATE'S REFUSAL TO GRANT OR RENEW A BINGO -RAFFLE9 LICENSE IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION. TO BE10 ENTITLED TO ADMINISTRATIVE REVIEW , THE APPLICANT MUST REQUEST11 THE REVIEW IN WRITING WITHIN SIXTY DAYS AFTER THE DATE OF THE12 SECRETARY OF STATE'S REFUSAL.13 (III) I F A BINGO-RAFFLE LICENSEE FAILS WITHIN FORTY-FIVE DAYS14 AFTER A WRITTEN REQUEST BY THE EXECUTIVE DIRECTOR , IN15 ACCORDANCE WITH SUBSECTION (2)(b) OF THIS SECTION, TO VOLUNTARILY16 PRODUCE RECORDS AT THE OFFICE OF THE EXECUTIVE DIRECTOR , IF A17 BINGO-RAFFLE LICENSEE FAILS TO FILE A REPORT WITHIN THE TIME18 REQUIRED BY THIS PART 6, OR IF A REPORT IS NOT PROPERLY VERIFIED OR19 IS NOT FULLY, ACCURATELY, AND TRUTHFULLY COMPLETED , THE20 SECRETARY OF STATE MAY REFUSE TO RENEW THE BINGO -RAFFLE21 LICENSEE'S LICENSE UNTIL THE LICENSEE HAS CORRECTED THE FAILURE OR22 DEFICIENCY, AS DETERMINED BY THE EXECUTIVE DIRECTOR . IF THE23 SECRETARY OF STATE REFUSES TO RENEW A BINGO -RAFFLE LICENSE24 PURSUANT TO THIS SUBSECTION (1)(a)(III), THE LICENSEE SHALL NOT25 ENGAGE IN ACTIVITY AUTHORIZED BY THE LICENSE UNTIL THE LICENSE IS26 RENEWED.27 HB24-1326 -6- (b) TO PROVIDE FORMS FOR AND SUPERVISE THE FILING OF ANY1 REPORTS MADE BY MAIL, COMPUTER, ELECTRONIC MAIL, OR ANY OTHER2 ELECTRONIC DEVICE BY ANY BINGO-RAFFLE LICENSEE. THE SECRETARY OF3 STATE MAY, BY RULE, REQUIRE CERTAIN ORGANIZATIONS TO FILE REPORTS4 AND OTHER DOCUMENTS ELECTRONICALLY . ALL ELECTRONICALLY FILED5 DOCUMENTS MUST BE STORED BY THE SECRETARY OF STATE IN AN6 ELECTRONIC OR OTHER MEDIUM AND MUST BE RETRIEVABLE BY THE7 SECRETARY OF STATE IN AN UNDERSTANDABLE AND READABLE FORM .8 N OTWITHSTANDING ANY OTHER PROVISION OF LAW REQUIRING THE9 SIGNATURE OF, OR EXECUTION BY, A PERSON ON A DOCUMENT, NO SUCH10 SIGNATURE IS REQUIRED WHEN THE DOCUMENT IS SUBMITTED11 ELECTRONICALLY. CAUSING A DOCUMENT TO BE DELIVERED TO THE12 SECRETARY OF STATE BY AN APPLICANT OR A LICENSEE SHALL CONSTITUTE13 THE AFFIRMATION OR ACKNOWLEDGMENT OF THE INDIVIDUAL CAUSING14 THE DELIVERY, UNDER PENALTY OF PERJURY, THAT THE DOCUMENT IS THE15 INDIVIDUAL'S ACT AND DEED OR THE ACT AND DEED OF THE ORGANIZATION16 OR ENTITY ON WHOSE BEHALF THE DOCUMENT IS DELIVERED AND THAT17 THE FACTS STATED IN THE DOCUMENT ARE TRUE .18 (c) T O KEEP RECORDS OF ALL ACTIONS AND TRANSACTIONS19 RELATING TO THE SECRETARY OF STATE 'S LICENSING ACTIVITY;20 (d) T O PROMULGATE RULES AS THE SECRETARY OF STATE DEEMS21 NECESSARY FOR THE ISSUANCE OF BINGO -RAFFLE LICENSES IN22 ACCORDANCE WITH THIS SUBSECTION (1) AND ARTICLE 4 OF THIS TITLE 24;23 (e) T O PREPARE AND TRANSMIT ANNUALLY , IN THE FORM AND24 MANNER PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS25 PURSUANT TO SECTION 24-1-136, A REPORT ACCOUNTING TO THE26 GOVERNOR FOR THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES OF27 HB24-1326 -7- THE SECRETARY OF STATE PURSUANT TO THIS PART 6; AND1 (f) T O ENTER INTO MEMORANDA OF UNDERSTANDING WITH THE2 EXECUTIVE DIRECTOR TO IMPLEMENT THIS PART 6, INCLUDING AN3 AGREEMENT BY THE SECRETARY OF STATE TO UPHOLD THE4 ADMINISTRATIVE, LICENSING, AND ENFORCEMENT RECOMMENDATIONS5 AND DECISIONS OF THE EXECUTIVE DIRECTOR MADE IN ACCORDANCE WITH6 THIS SECTION.7 (2) C OMMENCING JANUARY 1, 2025, THE EXECUTIVE DIRECTOR IS8 DESIGNATED AS THE AUTHORITY FOR THE ISSUANCE OF LICENSES TO9 LANDLORDS, MANUFACTURERS, MANUFACTURERS' AGENTS, SUPPLIERS,10 AND SUPPLIERS' AGENTS AND THE ENFORCEMENT OF THIS PART 6 IN11 ACCORDANCE WITH SECTION 2 (6) OF ARTICLE XVIII OF THE STATE12 CONSTITUTION. THE EXECUTIVE DIRECTOR'S POWERS AND DUTIES ARE AS13 FOLLOWS:14 (a) T O ENFORCE SECTION 2 OF ARTICLE XVIII OF THE STATE15 CONSTITUTION, THIS PART 6, AND THE RULES ADOPTED PURSUANT TO THIS16 PART 6 BY THE EXECUTIVE DIRECTOR AND THE SECRETARY OF STATE AS TO17 ALL LICENSEES, INCLUDING BINGO -RAFFLE LICENSEES, AND ALL18 CHARITABLE GAMING ACTIVITIES;19 (b) (I) T O ISSUE OR RENEW AN EXISTING LICENSE FOR A LANDLORD,20 MANUFACTURER, MANUFACTURER'S AGENT, SUPPLIER, OR SUPPLIER'S21 AGENT AND TO IMPOSE A REASONABLE FEE IN CONNECTION WITH A22 LICENSE IN ACCORDANCE WITH THIS PART 6, AND TO ENFORCE23 COMPLIANCE WITH BINGO-RAFFLE LICENSE RENEWAL REQUIREMENTS . IF24 A LANDLORD, MANUFACTURER, MANUFACTURER'S AGENT, SUPPLIER, OR25 SUPPLIER'S AGENT LICENSE APPLICATION HAS NOT BEEN APPROVED OR26 DISAPPROVED WITHIN FORTY-FIVE DAYS AFTER THE EXECUTIVE DIRECTOR27 HB24-1326 -8- HAS RECEIVED ALL INFORMATION THAT CONSTITUTES A COMPLETE1 APPLICATION, THE LICENSE IS DEEMED APPROVED . THE EXECUTIVE2 DIRECTOR SHALL NOTIFY THE APPLICANT UPON RECEIPT OF ALL3 INFORMATION THAT THE EXECUTIVE DIRECTOR DEEMS AN APPLICATION4 COMPLETE. THE EXECUTIVE DIRECTOR'S NOTIFICATION SHALL START THE5 FORTY-FIVE-DAY PERIOD IN WHICH THE EXECUTIVE DIRECTOR MUST6 APPROVE OR DENY THE APPLICATION. THE EXECUTIVE DIRECTOR'S FAILURE7 TO ACT UPON AN APPLICATION WITHIN FORTY -FIVE DAYS AFTER RECEIPT8 SHALL NOT PRECLUDE THE EXECUTIVE DIRECTOR FROM LATER FILING A9 COMPLAINT CHALLENGING THE APPLICATION ON THE GROUND THAT IT IS10 IN CONFLICT WITH THE STATE CONSTITUTION OR THIS PART 6. ALL11 LANDLORD, MANUFACTURER, MANUFACTURER'S AGENT, SUPPLIER, AND12 SUPPLIER'S AGENT LICENSES AND APPLICATIONS FOR SUCH LICENSES SHALL13 BE MADE AVAILABLE FOR INSPECTION BY THE PUBLIC .14 (II) A N APPLICANT MAY REQUEST ADMINISTRATIVE REVIEW OF A15 REFUSAL BY THE EXECUTIVE DIRECTOR TO GRANT OR RENEW A LICENSE IN16 ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION. TO BE ENTITLED TO17 ADMINISTRATIVE REVIEW, THE APPLICATION MUST REQUEST THE REVIEW18 IN WRITING WITHIN SIXTY DAYS AFTER THE DATE OF THE EXECUTIVE19 DIRECTOR'S REFUSAL.20 (III) I F A BINGO-RAFFLE, LANDLORD, MANUFACTURER ,21 MANUFACTURER'S AGENT, SUPPLIER, OR SUPPLIER'S AGENT LICENSEE FAILS22 WITHIN FORTY-FIVE DAYS AFTER A WRITTEN REQUEST BY THE EXECUTIVE23 DIRECTOR TO VOLUNTARILY PRODUCE RECORDS AT THE OFFICE OF THE24 EXECUTIVE DIRECTOR, IF SUCH LICENSEE FAILS TO FILE A REPORT WITHIN25 THE TIME REQUIRED BY THIS PART 6, OR IF A REPORT IS NOT PROPERLY26 VERIFIED OR NOT FULLY, ACCURATELY, AND TRUTHFULLY COMPLETED ,27 HB24-1326 -9- THE EXECUTIVE DIRECTOR MAY REFUSE TO RENEW THE LICENSEE 'S1 LICENSE, OR RECOMMEND THAT THE SECRETARY OF STATE SHOULD REFUSE2 TO RENEW THE LICENSEE'S BINGO-RAFFLE LICENSE, UNTIL THE LICENSEE3 HAS CORRECTED THE FAILURE OR DEFICIENCY . IF THE EXECUTIVE4 DIRECTOR REFUSES TO RENEW A LICENSE OR RECOMMENDS THAT THE5 SECRETARY OF STATE REFUSE TO RENEW A BINGO -RAFFLE LICENSE6 PURSUANT TO THIS SUBSECTION (2)(b)(III), THE LICENSEE SHALL NOT7 ENGAGE IN ACTIVITY AUTHORIZED BY THE LICENSE UNTIL THE LICENSE IS8 RENEWED. THE SECRETARY OF STATE SHALL UPHOLD THE9 RECOMMENDATION OF THE EXECUTIVE DIRECTOR TO REFUSE TO RENEW10 THE LICENSE OF A BINGO-RAFFLE LICENSEE PURSUANT TO THIS SUBSECTION11 (2)(b)(III) IN ACCORDANCE WITH SUBSECTIONS (1)(a)(III) AND (1)(f) OF12 THIS SECTION.13 (c) T O LICENSE DEVICES FOR READING PULL TABS AS PROVIDED IN14 SECTION 24-21-619; EXCEPT THAT THE EXECUTIVE DIRECTOR SHALL NOT15 IMPOSE OR COLLECT ANY FEE FOR THE ISSUANCE OF SUCH A LICENSE ;16 (d) T O PROVIDE FORMS FOR AND SUPERVISE THE FILING OF ANY17 REPORTS MADE BY MAIL, COMPUTER, ELECTRONIC MAIL, OR ANY OTHER18 ELECTRONIC DEVICE BY ANY LICENSEE INCLUDING A BINGO -RAFFLE19 LICENSEE. THE EXECUTIVE DIRECTOR MAY , BY RULE, REQUIRE CERTAIN20 ORGANIZATIONS TO FILE REPORTS AND OTHER DOCUMENTS21 ELECTRONICALLY. ALL ELECTRONICALLY FILED DOCUMENTS MUST BE22 STORED BY THE EXECUTIVE DIRECTOR IN AN ELECTRONIC OR OTHER23 MEDIUM AND MUST BE RETRIEVABLE BY THE EXECUTIVE DIRECTOR IN AN24 UNDERSTANDABLE AND READABLE FORM . NOTWITHSTANDING ANY OTHER25 PROVISION OF LAW REQUIRING THE SIGNATURE OF , OR EXECUTION BY, A26 PERSON ON A DOCUMENT, NO SUCH SIGNATURE SHALL BE REQUIRED WHEN27 HB24-1326 -10- THE DOCUMENT IS SUBMITTED ELECTRONICALLY . CAUSING A DOCUMENT1 TO BE DELIVERED TO THE EXECUTIVE DIRECTOR BY AN APPLICANT OR A2 LICENSEE CONSTITUTES THE AFFIRMATION OR ACKNOWLEDGMENT OF THE3 INDIVIDUAL CAUSING THE DELIVERY, UNDER PENALTY OF PERJURY, THAT4 THE DOCUMENT IS THE INDIVIDUAL'S ACT AND DEED OR THE ACT AND DEED5 OF THE ORGANIZATION OR ENTITY ON WHOSE BEHALF THE DOCUMENT IS6 DELIVERED AND THAT THE FACTS STATED IN THE DOCUMENT ARE TRUE .7 (e) (I) T O INVESTIGATE AND PROSECUTE A VIOLATION OF THIS PART8 6 AND TO SUSPEND OR REVOKE ANY LICENSE ISSUED BY THE EXECUTIVE9 DIRECTOR OR THE SECRETARY OF STATE AFTER AN ADMINISTRATIVE10 HEARING AND IN ACCOR DANCE WITH AN ORDER OF AN ADMINISTRATIVE11 LAW JUDGE. WHEN A LICENSE IS ORDERED TO BE SUSPENDED OR REVOKED ,12 THE LICENSEE SHALL SURRENDER THE LICENSE TO THE EXECUTIVE13 DIRECTOR ON OR BEFORE THE DATE OF THE SUSPENSION OR REVOCATION .14 N O LICENSE IS VALID BEYOND THE EFFECTIVE DATE OF A SUSPENSION OR15 REVOCATION, REGARDLESS OF SURRENDER . A LICENSE MAY BE16 TEMPORARILY SUSPENDED BY THE EXECUTIVE DIRECTOR FOR A PERIOD17 NOT TO EXCEED TEN DAYS PENDING ANY INVESTIGATION , PROSECUTION,18 OR HEARING.19 (II) T HE EXECUTIVE DIRECTOR MAY REQUIRE , AT THE OFFICE OF20 THE EXECUTIVE DIRECTOR, THE PRODUCTION OF ANY DOCUMENTS OR21 RECORDS THAT THE EXECUTIVE DIRECTOR DEEMS RELEVANT OR MATERIAL22 TO AN INVESTIGATION. IF A LICENSEE OR AN AFFILIATE OF A LICENSEE23 FAILS TO COMPLY WITH THE EXECUTIVE DIRECTOR 'S REQUEST FOR THE24 PRODUCTION OF DOCUMENTS OR RECORDS , THE DISTRICT COURT OF THE25 CITY AND COUNTY OF DENVER, UPON APPLICATION BY THE EXECUTIVE26 DIRECTOR, MAY ISSUE AN ORDER REQUIRING THE LICENSEE OR AFFILIATE27 HB24-1326 -11- TO APPEAR BEFORE THE EXECUTIVE DIRECTOR TO PRODUCE THE1 DOCUMENTS OR RECORDS OR OTHERWISE PROVIDE EVIDENCE IN2 CONNECTION WITH THE INVESTIGATION . FAILURE TO OBEY THE ORDER OF3 THE COURT MAY BE PUNISHED BY TH E COURT AS CONTEMPT OF COURT .4 (f) T O KEEP RECORDS OF ALL ACTIONS AND TRANSACTIONS5 RELATING TO THE EXECUTIVE DIRECTOR 'S LICENSING AND ENFORCEMENT6 ACTIVITY;7 (g) U PON APPLICATION BY ANY LICENSEE , TO ISSUE A LETTER8 RULING GRANTING APPROVAL FOR ANY NEW CONCEPT , METHOD,9 TECHNOLOGY, PRACTICE, OR PROCEDURE THAT MAY BE APPLIED TO , OR10 USED IN THE CONDUCT OF , GAMES OF CHANCE AND THAT IS NOT IN11 CONFLICT WITH THE STATE CONSTITUTION OR THIS PART 6. APPLICATION12 FOR SUCH APPROVAL MUST BE SUBMITTED IN A FORM PRESCRIBED BY THE13 EXECUTIVE DIRECTOR. IF AN APPLICATION IS NOT ACTED UPON WITHIN14 FORTY-FIVE DAYS AFTER RECEIPT BY THE EXECUTIVE DIRECTOR , THE15 LICENSEE MAY IMPLEMENT THE CONCEPT , METHOD, TECHNOLOGY,16 PRACTICE, OR PROCEDURE SO LONG AS IT IS NOT IN CONFLICT WITH THE17 STATE CONSTITUTION OR THIS PART 6; EXCEPT THAT, THE EXECUTIVE18 DIRECTOR'S FAILURE TO ACT UPON AN APPLICATION WITHIN FORTY -FIVE19 DAYS AFTER RECEIPT DOES NOT PRECLUDE THE EXECUTIVE DIRECTOR20 FROM LATER FILING A COMPLAINT CHALLENGING THE CONCEPT , METHOD,21 TECHNOLOGY, PRACTICE, OR PROCEDURE ON THE GROUND THAT IT IS IN22 CONFLICT WITH THE STATE CONSTITUTION OR THIS PART 6. AN ADVERSE23 RULING ON THE APPLICATION MAY BE APPEALED TO AN ADMINISTRATIVE24 LAW JUDGE.25 (h) T O ESTABLISH A SCHEDULE OF REASONABLE FINES , NOT TO26 EXCEED TWO HUNDRED FIFTY DOLLARS PER CITATION , FOR VIOLATION BY27 HB24-1326 -12- A LICENSEE OF THIS PART 6 OR OF RULES ADOPTED PURSUANT TO THIS PART1 6. THE IMPOSITION OF A FINE MAY BE APPEALED TO AN ADMINISTRATIVE2 LAW JUDGE.3 (i) T O PROMULGATE RULES AS THE EXECUTIVE DIRECTOR DEEMS4 NECESSARY FOR THE ISSUANCE OF LICENSES AND ENFORCEMENT OF THIS5 PART 6 IN ACCORDANCE WITH THIS SUBSECTION (2) AND ARTICLE 4 OF THIS6 TITLE 24;7 (j) T O PREPARE AND TRANSMIT ANNUALLY , IN THE FORM AND8 MANNER PRESCRIBED BY THE HEADS OF THE PRINCIPAL DEPARTMENTS9 PURSUANT TO SECTION 24-1-136, A REPORT ACCOUNTING TO THE10 GOVERNOR FOR THE EFFICIENT DISCHARGE OF ALL RESPONSIBILITIES OF11 THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6; AND12 (k) T O ENTER INTO MEMORANDA OF UNDERSTANDING WITH THE13 SECRETARY OF STATE TO IMPLEMENT THIS PART 6, INCLUDING AN14 AGREEMENT BY THE EXECUTIVE DIRECTOR TO UPHOLD THE BINGO -RAFFLE15 LICENSE DECISIONS OF THE SECRETARY OF STATE MADE IN ACCORDANCE16 WITH THIS SECTION.17 (3) (a) T HE SECRETARY OF STATE MAY REFUSE TO GRANT OR18 RENEW A BINGO-RAFFLE LICENSE, AND THE EXECUTIVE DIRECTOR MAY19 REFUSE TO GRANT OR RENEW ANY OTHER LICENSE ISSUED PURSUANT TO20 THIS PART 6 AND MAY REVOKE, SUSPEND, ANNUL, LIMIT, OR MODIFY ANY21 LICENSE, INCLUDING A BINGO-RAFFLE LICENSE, IN ACCORDANCE WITH22 SECTION 24-4-104, THIS PART 6, AND THE RULES ADOPTED PURSUANT TO23 THIS PART 6.24 (b) A N ADMINISTRATIVE HEARING TO REVIEW THE DECISION OF THE25 SECRETARY OF STATE OR THE EXECUTIVE DIRECTOR TO REFUSE TO GRANT26 OR RENEW A LICENSE, OR TO DETERMINE WHETHER A LICENSEE 'S LICENSE27 HB24-1326 -13- SHOULD BE REVOKED, SUSPENDED, ANNULLED, LIMITED, OR MODIFIED,1 SHALL BE CONDUCTED BY AN ADMINISTRATIVE LAW JUDGE APPOINTED2 PURSUANT TO PART 10 OF ARTICLE 30 OF THIS TITLE 24 AND SHALL BE3 HELD IN THE MANNER AND PURSUANT TO THE RULES AND PROCEDURES4 DESCRIBED IN SECTIONS 24-4-104, 24-4-105, AND 24-4-106. AN5 ADMINISTRATIVE LAW JUDGE SHALL HOLD AND CONCLUDE A HEARING6 PURSUANT TO THIS SUBSECTION (3) WITH REASONABLE DISPATCH AND7 WITHOUT UNNECESSARY DELAY AND SHALL ISSUE A DECISION WITHIN TEN8 DAYS OF THE CONCLUSION OF THE HEARING .9 (4) (a) U PON A FINDING BY AN ADMINISTRATIVE LAW JUDGE OF A10 VIOLATION OF THIS PART 6, THE RULES ADOPTED PURSUANT TO THIS PART11 6, OR ANY OTHER PROVISION OF LAW , SUCH AS WOULD WARRANT THE12 REVOCATION, SUSPENSION, ANNULMENT, LIMITATION, OR MODIFICATION13 OF A LICENSE, IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE14 IMPOSED, THE EXECUTIVE DIRECTOR MAY DECLARE THE VIOLATOR15 INELIGIBLE TO ENGAGE IN ANY ACTIVITY THAT REQUIRES A LICENSE16 PURSUANT TO THIS PART 6 OR TO APPLY FOR A LICENSE PURSUANT TO THIS17 PART 6 FOR A PERIOD OF ONE YEAR AFTER THE DATE OF THE DECLARATION ,18 OR FOR A SHORTER PERIOD AS DESIGNATED BY THE EXECUTIVE DIRECTOR19 PURSUANT TO THIS SUBSECTION (4). THE EXECUTIVE DIRECTOR SHALL20 DESIGNATE A SHORTER PERIOD OF LICENSE INELIGIBILITY ONLY IN THE21 ABSENCE OF AGGRAVATING FACTORS ASSOCIATED WITH THE VIOLATION22 FOR WHICH THE REVOCATION, SUSPENSION, ANNULMENT, LIMITATION, OR23 MODIFICATION WAS IMPOSED . AGGRAVATING FACTORS INCLUDE24 WILLFULNESS, INTENT, A PREVIOUS INTENTIONAL VIOLATION OF THIS PART25 6, OR VIOLATIONS INVOLVING THEFT OR FRAUD . THE EXECUTIVE26 DIRECTOR'S DECLARATION OF LICENSE INELIGIBILITY MAY INCLUDE , IN27 HB24-1326 -14- ADDITION TO THE VIOLATOR , ANY OF THE VIOLATOR 'S SUBSIDIARY1 ORGANIZATIONS, ITS PARENT ORGANIZATION , OR AN ORGANIZATION2 OTHERWISE AFFILIATED WITH THE VIOLATOR WHEN , IN THE OPINION OF THE3 EXECUTIVE DIRECTOR, THE CIRCUMSTANCES OF THE VIOLATION WARRANT4 SUCH INCLUSION.5 (b) T HE DECISION OF THE ADMINISTRATIVE LAW JUDGE IN ANY6 CONTROVERSY CONCERNING LICENSING , THE IMPOSITION OF A FINE, OR7 THE APPROVAL OF ANY PROPOSED NEW CONCEPT , METHOD, TECHNOLOGY,8 PRACTICE, OR PROCEDURE IS FINAL AND SUBJECT TO REVIEW BY THE9 COURT OF APPEALS PURSUANT TO SECTION 24-4-106 (11).10 (5) U PON AN ADMINISTRATIVE OR JUDICIAL FINDING OF A11 VIOLATION OF THIS PART 6, THE RULES ADOPTED PURSUANT TO THIS PART12 6, OR ANY OTHER PROVISION OF LAW , SUCH AS WOULD WARRANT THE13 SUSPENSION OR REVOCATION OF A LICENSE, THE EXECUTIVE DIRECTOR, IN14 ADDITION TO ANY OTHER PENALTIES THAT MAY BE IMPOSED , MAY ISSUE15 AN ORDER EXCLUDING THE VIOLATOR OR ANY OWNER , OFFICER, DIRECTOR,16 OR GAMES MANAGER OF THE VIOLATOR FROM THE LICENSED PREMISES17 DURING THE CONDUCT OF GAMES OF CHANCE .18 SECTION 6. In Colorado Revised Statutes, 24-21-606, amend19 (2)(a) as follows:20 24-21-606. Fees - department of state cash fund. (2) (a) Fees21 authorized by this part 6 shall be established by the licensing authority in 22 consultation with the board, in amounts sufficient to ensure that the total23 revenue generated by the collection of such fees approximates the direct24 and indirect costs incurred by the licensing authority in carrying out its25 duties under this part 6. The amounts of all fees shall be reviewed26 annually. The licensing authority shall furnish to the board both an annual27 HB24-1326 -15- and a quarterly accounting of all fee and fine revenues received and1 expenditures made pursuant to this part 6, together with a list of all fees2 in effect.3 SECTION 7. In Colorado Revised Statutes, repeal and reenact,4 with amendments, 24-21-606 as follows:5 24-21-606. Fees - department of state cash fund - department6 of revenue cash fund. (1) F EES AUTHORIZED BY THIS PART 6 SHALL BE7 ESTABLISHED BY THE SECRETARY OF STATE AND THE EXECUTIVE DIRECTOR8 IN AMOUNTS SUFFICIENT TO ENSURE THAT THE TOTAL REVENUE9 GENERATED BY THE COLLECTION OF SUCH FEES APPROXIMATES THE10 DIRECT AND INDIRECT COSTS INCURRED BY THE SECRETARY OF STATE AND11 THE EXECUTIVE DIRECTOR, RESPECTIVELY, IN CARRYING OUT THEIR DUTIES12 UNDER THIS PART 6.13 (2) (a) A LL FEES COLLECTED BY THE SECRETARY OF STATE14 PURSUANT TO THIS PART 6 SHALL BE TRANSMITTED TO THE STATE15 TREASURER, WHO SHALL CREDIT THEM TO THE DEPARTMENT OF STATE16 CASH FUND CREATED IN SECTION 24-21-104 (3)(b). THE MONEY IN THE17 DEPARTMENT OF STATE CASH FUND IS SUBJECT TO ANNUAL APPROPRIATION18 BY THE GENERAL ASSEMBLY FOR THE PURPOSE OF FINANCING THE19 LICENSING ACTIVITIES OF THE SECRETARY OF STATE AS SPECIFIED IN THIS20 PART 6.21 (b) A LL FEES COLLECTED BY THE EXECUTIVE DIRECTOR PURSUANT22 TO THIS PART 6 SHALL BE TRANSMITTED TO THE STATE TREASURER , WHO23 SHALL CREDIT THEM TO THE DEPARTMENT OF REVENUE CASH FUND , WHICH24 FUND IS CREATED IN THE STATE TREASURY . THE MONEY IN THE25 DEPARTMENT OF REVENUE CASH FUND IS SUBJECT TO ANNUAL26 APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE PURPOSE OF27 HB24-1326 -16- FINANCING THE LICENSING AND ENFORCEMENT ACTIVITIES OF THE1 EXECUTIVE DIRECTOR AS SPECIFIED IN THIS PART 6.2 (3) A LL FINES ASSESSED PURSUANT TO THIS PART 6 MUST BE PAID3 TO THE STATE TREASURER WHO SHALL CREDIT THEM TO THE GENERAL4 FUND.5 SECTION 8. In Colorado Revised Statutes, amend 24-21-607 as6 follows:7 24-21-607. Bingo-raffle license - fee. (1) A bona fide chartered 8 branch, lodge, or chapter of a national or state organization or any bona9 fide religious, charitable, labor, fraternal, educational, voluntary10 firefighters', or veterans' organization or any association, successor, or11 combination of association and successor of any of these organizations12 that operates without profit to its members, has been in existence13 continuously for a period of five years immediately prior to the making14 of application for a bingo-raffle license under this part 6, and has had15 during the entire five-year period dues-paying members engaged in16 carrying out the objects of the corporation or organization QUALIFIED17 ORGANIZATION OR ASSOCIATION , SUCCESSOR, OR COMBINATION OF18 ASSOCIATION AND SUCCESSOR OF A QUALIFIED ORGANIZATION is eligible19 for a bingo-raffle license to be issued by the licensing authority20 SECRETARY OF STATE under this part 6. If a license is revoked, the21 bingo-raffle licensee and holder thereof is not eligible to apply for another22 license under subsection (2) of this section for no more than one year23 after the date of the revocation, OR FOR A SHORTER PERIOD AS24 DESIGNATED BY THE EXECUTIVE DIRECTOR PURSUANT TO SECTION25 24-21-605 (4).26 (2) The bingo-raffle licenses provided by this part 6 shall be27 HB24-1326 -17- issued by the licensing authority SECRETARY OF STATE to applicants1 qualified under this part 6 upon payment of a fee established in2 accordance with section 24-21-606 (2) SECTION 24-21-606 (1). Licenses3 expire at the end of the calendar year in which they were issued by the4 licensing authority SECRETARY OF STATE and may be renewed by the5 licensing authority SECRETARY OF STATE upon the filing of an application6 for renewal thereof provided IN THE FORM PRESCRIBED by the licensing7 authority SECRETARY OF STATE and the payment of the fee established for8 the renewal IN ACCORDANCE WITH SECTION 24-21-606 (1). No license9 granted ISSUED OR RENEWED under this part 6 or any renewal thereof is10 transferable. The fees required to be paid for a new or renewal license11 shall be deposited in the department of state cash fund created in section12 24-21-104 (3)(b).13 SECTION 9. In Colorado Revised Statutes, 24-21-608, amend14 (8) as follows:15 24-21-608. Landlord licensees - stipulations. (8) Every landlord16 licensee shall file with the licensing authority EXECUTIVE DIRECTOR all17 leases, agreements, and other documents required in order for a18 bingo-raffle licensee to lease its commercial bingo facility.19 SECTION 10. In Colorado Revised Statutes, 24-21-609, amend20 (1) introductory portion, (1)(b), (1)(g), and (2)(b) as follows:21 24-21-609. Application for bingo-raffle license. (1) Each22 applicant for a bingo-raffle license to be issued under this section shall23 file with the licensing authority SECRETARY OF STATE a written24 application in the form prescribed by the licensing authority SECRETARY25 OF STATE, duly executed and verified, and in which shall MUST be stated:26 (b) Sufficient facts relating to its incorporation and organization27 HB24-1326 -18- to enable the licensing authority SECRETARY OF STATE to determine1 whether or not it is a bona fide chartered branch, lodge, or chapter of a2 national or state organization or a bona fide religious, charitable, labor,3 fraternal, educational, voluntary firefighters', or veterans' organization4 that operates without profit to its members, has been in existence5 continuously for a period of five years immediately prior to the making6 of said application for such license, and has had during the entire7 five-year period dues-paying members engaged in carrying out the8 objectives of said applicant QUALIFIED ORGANIZATION;9 (g) Such other information deemed advisable by the licensing10 authority SECRETARY OF STATE to ensure that the applicant falls within the11 restrictions set forth by the state constitution.12 (2) (b) Each designated games manager must have been an active13 member of the applicant for at least the six months immediately preceding14 his or her designation and shall MUST be certified by the licensing15 authority EXECUTIVE DIRECTOR pursuant to section 24-21-610 before16 assuming games management duties.17 SECTION 11. In Colorado Revised Statutes, 24-21-610, amend18 (1) and (4) as follows:19 24-21-610. Games managers - certification. (1) The licensing20 authority EXECUTIVE DIRECTOR shall issue a games manager certification21 to any qualified applicant who has demonstrated sufficient knowledge of22 this part 6, as determined by the licensing authority EXECUTIVE DIRECTOR,23 and who has paid the fee established in accordance with section24 24-21-606 (2) SECTION 24-21-606 (1). A games manager certification25 shall be IS valid for a time period to be determined by the licensing26 authority EXECUTIVE DIRECTOR by rule, and may be denied, suspended,27 HB24-1326 -19- or revoked for any violation of this part 6 or any rule or order of the1 licensing authority EXECUTIVE DIRECTOR promulgated or issued pursuant2 to this part 6.3 (4) Unless authorized by the licensing authority EXECUTIVE4 DIRECTOR in accordance with the rules of the licensing authority5 EXECUTIVE DIRECTOR, a person shall not be designated or serve as a6 games manager for more than three bingo-raffle licensees simultaneously.7 The licensing authority EXECUTIVE DIRECTOR may promulgate rules8 establishing the circumstances under which a person may be designated9 and serve as games manager for more than three bingo-raffle licensees.10 SECTION 12. In Colorado Revised Statutes, 24-21-611, amend11 (1) introductory portion, (1)(b), (3), and (4) as follows:12 24-21-611. Application for landlord license - fee. (1) Each13 applicant for a landlord license shall file with the licensing authority14 EXECUTIVE DIRECTOR a written application, duly executed and verified,15 in the form presented PRESCRIBED by the licensing authority EXECUTIVE16 DIRECTOR, which application shall MUST include, but not be limited to,17 the following information:18 (b) The name and address of the landlord's resident agent if the19 commercial landlord does not reside in Colorado and the location in20 Colorado where its records will be available to the licensing authority21 EXECUTIVE DIRECTOR;22 (3) Each application must include an affidavit signed by the23 applicant stating whether the landlord has been convicted of any felony,24 theft by deception, or gambling-related offense as defined in article 10 of25 title 18 within the previous ten years. If the landlord is a corporation,26 limited liability company, or partnership, the affidavit must make the27 HB24-1326 -20- verification as to each officer and director of the corporation, each1 member and manager of the limited liability company, or each partner and2 associate of the partnership. A person that has been convicted of any3 felony, theft by deception, or gambling-related offense as defined in4 article 10 of title 18 within the previous ten years is ineligible for a5 license issued pursuant to this section. A person that has been convicted6 of any felony, theft by deception, or gambling-related offense as defined7 in article 10 of title 18 within more than the previous ten years shall8 disclose the information related to the conviction required by the9 licensing authority EXECUTIVE DIRECTOR.10 (4) A landlord license expires at the end of the calendar year in11 which it was issued. Each license issued shall MUST be conspicuously12 displayed at the premises for which the license has been issued. No13 landlord license is transferable. The annual fee for each landlord license14 shall MUST be established in accordance with section 24-21-606 (2)15 SECTION 24-21-606 (1).16 SECTION 13. In Colorado Revised Statutes, 24-21-612, amend17 (1)(d), (2), and (3) as follows:18 24-21-612. Application for manufacturer license. (1) Each19 application for a manufacturer license must include, but not be limited to,20 the following information:21 (d) The name and address of the resident agent of the22 manufacturer if the applicant does not reside in Colorado and the location23 in Colorado where the records of the manufacturer will be available to the24 licensing authority EXECUTIVE DIRECTOR;25 (2) Each application for a manufacturer license must include a26 statement regarding whether the applicant; its owners; its officers or27 HB24-1326 -21- directors if a corporation; or its members, managers, partners, or1 associates if another business entity, has been convicted of any felony,2 theft by deception, or gambling-related offense as defined in article 10 of3 title 18. A person that has been convicted of any felony, theft by4 deception, or gambling-related offense as defined in article 10 of title 185 within the previous ten years is ineligible for a license issued pursuant to6 this section. A person that has been convicted of any felony, theft by7 deception, or gambling-related offense as defined in article 10 of title 188 within more than the previous ten years shall disclose the information9 related to the conviction required by the licensing authority EXECUTIVE10 DIRECTOR.11 (3) Any bingo-raffle manufacturer, upon filing a true, complete,12 written, verified application in the form presented PRESCRIBED by the13 licensing authority EXECUTIVE DIRECTOR, together with the fee for the14 license, is eligible for a manufacturer license. A manufacturer license15 shall MUST be renewed annually, on or before March 31 of each year in16 which such A licensee engages in or anticipates engaging in a licensed17 activity. A manufacturer license is nontransferable. The annual fee for18 each license shall MUST be established in accordance with section19 24-21-606 (2) SECTION 24-21-606 (1).20 SECTION 14. In Colorado Revised Statutes, 24-21-613, amend21 (1)(d), (2), and (3) as follows:22 24-21-613. Application for supplier license. (1) Each23 application for a supplier license must include, but not be limited to, the24 following information:25 (d) The name and address of the resident agent of the supplier if26 the applicant does not reside in Colorado and the location in Colorado27 HB24-1326 -22- where the records of the supplier will be available to the licensing1 authority EXECUTIVE DIRECTOR;2 (2) Each application for a supplier license must include a3 statement regarding whether the applicant; its owners; its officers or4 directors if a corporation; or its members, managers, partners, or5 associates if another business entity, has been convicted of any felony,6 theft by deception, or offense involving gambling as defined in article 107 of title 18. A person that has been convicted of any felony, theft by8 deception, or gambling-related offense as defined in article 10 of title 189 within the previous ten years is ineligible for a license issued pursuant to10 this section. A person that has been convicted of any felony, theft by11 deception, or gambling-related offense as defined in article 10 of title 1812 within more than the previous ten years shall disclose the information13 related to the conviction required by the licensing authority EXECUTIVE14 DIRECTOR.15 (3) Any bingo-raffle supplier, upon filing a true, complete,16 written, verified application in the form presented PRESCRIBED by the17 licensing authority EXECUTIVE DIRECTOR, together with the fee for the18 license, is eligible for a supplier license. A supplier license shall MUST be19 renewed annually, on or before March 31 of each year in which such THE20 licensee engages in or anticipates engaging in a licensed activity. A21 supplier license is nontransferable. The annual fee for each license shall22 MUST be established in accordance with section 24-21-606 (2) SECTION23 24-21-606 (1).24 SECTION 15. In Colorado Revised Statutes, 24-21-614, amend25 (1)(c), (1)(e), (2), and (3) as follows:26 24-21-614. Application for manufacturer's agent license or27 HB24-1326 -23- supplier's agent license. (1) Each application for a manufacturer's agent1 license or supplier's agent license must include, but not be limited to, the2 following information:3 (c) A statement by the applicant that he or she THAT THE4 APPLICANT has read, understands, and will comply with this part 6 as to5 manufacturer's and supplier's agents and the conditions of the agent's6 license;7 (e) The location in Colorado where the agent's records of sales8 and distributions of bingo and raffle equipment and supplies will be9 available to the licensing authority EXECUTIVE DIRECTOR.10 (2) Each agent's application must include a statement regarding11 whether the applicant has been convicted of any felony, theft by12 deception, or offense involving gambling as defined in article 10 of title13 18. A person that has been convicted of any felony, theft by deception, or14 gambling-related offense as defined in article 10 of title 18 within the15 previous ten years is ineligible for a license issued pursuant to this16 section. A person that has been convicted of any felony, theft by17 deception, or gambling-related offense as defined in article 10 of title 1818 within more than the previous ten years shall disclose the information19 related to the conviction required by the licensing authority EXECUTIVE20 DIRECTOR.21 (3) Any supplier's agent or manufacturer's agent, upon filing a22 complete, written, verified application in the form presented PRESCRIBED23 by the licensing authority EXECUTIVE DIRECTOR, together with the fee for24 the license, is eligible for a manufacturer's or supplier's agent license. A25 manufacturer's or supplier's agent license shall MUST be renewed26 annually, on or before March 31 of each year in which such THE licensee27 HB24-1326 -24- engages in or anticipates engaging in a licensed activity. Neither a1 manufacturer's agent license nor a supplier's agent license is transferable.2 The annual fee for each license shall MUST be established in accordance3 with section 24-21-606 (2) SECTION 24-21-606 (1).4 SECTION 16. In Colorado Revised Statutes, amend 24-21-6155 as follows:6 24-21-615. Persons permitted to conduct games of chance -7 form of bingo-raffle licenses - display. (1) A person, firm, or8 organization within this state shall not conduct a game of chance without9 a bingo-raffle license issued by the licensing authority SECRETARY OF10 STATE. Only an active member of the organization to which the11 bingo-raffle license is issued may hold, operate, or conduct games of12 chance under a license issued under this part 6, and a person shall not13 assist in the holding, operating, or conducting of any games of chance14 under a bingo-raffle license except an active member or a member of an15 organization or association that is an auxiliary to the licensee, a member16 of an organization or association of which the licensee is an auxiliary, or17 a member of an organization or association that is affiliated with the18 licensee by being, with it, auxiliary to another organization or association.19 A licensee shall MAY incur or pay only bona fide expenses in a reasonable20 amount for goods, wares, and merchandise furnished or services rendered21 that are reasonably necessary for the holding, operating, or conducting of22 a game of chance.23 (2) Each bingo-raffle license must contain a statement of the name24 and address of the licensee and the place where bingo or lotto games or25 the drawing of the raffles is to be held. If the bingo-raffle licensee moves26 from the games or drawing location listed on its license, the bingo-raffle27 HB24-1326 -25- licensee must notify the licensing authority EXECUTIVE DIRECTOR in1 writing prior to commencing bingo or LOTTO GAMES OR conducting a2 raffle drawing at the new location. The licensing authority EXECUTIVE3 DIRECTOR may issue a letter of authorization to move the location of the4 bingo or lotto games or the drawing of the raffles. The letter of5 authorization must remain with the original license and must be available6 for inspection at the place where games or drawings are to be held. A7 license issued for an exempt organization must include the place or places8 where drawings are to be held. Except as specified in subsection (4) of9 this section, each bingo-raffle license issued for the conduct of any games10 of chance must be conspicuously displayed at the place where the game11 is GAMES ARE to be conducted or the drawings held at all times during the12 conduct thereof. An exempt organization may comply with this section13 by providing written notice of a license to all employees of a participating14 private business or government agency holding a fund-raising drive that15 includes a drawing on behalf of the EXEMPT organization. The notice16 must state that the license is available for public inspection during17 reasonable business hours and must specify where the license is18 maintained for inspection.19 (3) A licensee shall conspicuously display, at the place where a20 game OR DRAWING is being conducted, its license issued for the conduct21 of games of chance at all times during the conduct of the game and for at22 least thirty minutes after the last game has been concluded.23 (4) Notwithstanding subsection (2) of this section, a bingo-raffle24 licensee conducting a pull tab game for the benefit of its members and25 guests on premises that are owned by it, or leased by it for purposes other26 than the conduct of a bingo OR RAFFLE occasion, may display a copy of27 HB24-1326 -26- its license, in a format approved by the licensing authority SECRETARY OF1 STATE, on the premises during any time the licensee is also conducting a2 bingo or raffle occasion at a separate location.3 SECTION 17. In Colorado Revised Statutes, 24-21-616, amend4 (2) as follows:5 24-21-616. Form of landlord license - display - fee. (2) A6 landlord license shall be issued to qualified applicants by the licensing7 authority EXECUTIVE DIRECTOR upon payment of a fee and completion8 and approval of the landlord license application pursuant to section9 24-21-611. The license expires at the end of the calendar year in which10 it was issued by the licensing authority EXECUTIVE DIRECTOR and may be11 renewed upon the filing and approval of an application for renewal12 provided AS PRESCRIBED by the licensing authority EXECUTIVE DIRECTOR13 and the payment of a fee. No landlord license is transferable. The fees FEE14 required to be paid for new and renewed licenses shall MUST be15 established BY THE EXECUTIVE DIRECTOR in accordance with section 16 24-21-606 (2) SECTION 24-21-606 (1).17 SECTION 18. In Colorado Revised Statutes, 24-21-617, amend18 (1) as follows:19 24-21-617. General conduct games of chance - premises -20 equipment - expenses - rules. (1) A licensee shall not hold, operate, or21 conduct a game of bingo or lotto more often than as specified by the22 licensing authority by rule. after consultation with the board23 SECTION 19. In Colorado Revised Statutes, 24-21-617, add (16)24 as follows:25 24-21-617. General conduct games of chance - premises -26 equipment - expenses - rules. (16) A BINGO-RAFFLE LICENSEE MAY,27 HB24-1326 -27- DIRECTLY OR THROUGH A THIRD PARTY , PRESELL TICKETS TO A1 CHARITABLE GAMING EVENT .2 SECTION 20. In Colorado Revised Statutes, 24-21-617, amend3 (1), (5), (7)(a), (9), (13), (14), and (15) as follows:4 24-21-617. General conduct games of chance - premises -5 equipment - expenses - rules. (1) A licensee shall not hold, operate, or6 conduct a game of bingo or lotto more often than as specified by the7 licensing authority EXECUTIVE DIRECTOR by rule. after consultation with8 the board9 (5) The licensing authority EXECUTIVE DIRECTOR shall establish10 by rule the method of play and amount of prizes that may be awarded;11 except that the maximum prize that may be awarded must be at least five12 hundred dollars.13 (7) (a) The officers of a bingo-raffle licensee shall designate one14 or more bona fide, active members of the licensee as its games managers15 to be in charge of and primarily responsible for the conduct of the games16 of bingo or lotto on each occasion. The games managers shall supervise17 all activities on the occasion for which they are in charge and are18 responsible for making all required reports. The games managers,19 governing board of the licensee, and the individual acting in the role of20 a treasurer on behalf of the licensee must be familiar with all applicable21 provisions of state law, the rules of the licensing authority EXECUTIVE22 DIRECTOR, and the license. The governing board of the licensee is23 ultimately responsible for the maintenance of books and records and the24 filing of the reports pursuant to this section. At least one games manager25 shall be present on the premises continuously during the games and for26 a period sufficient to ensure that all books and records for the occasion27 HB24-1326 -28- have been closed and that all supplies and equipment have been secured.1 (9) The premises where any game of chance is being held,2 operated, or conducted, or is intended to be held, operated, or conducted,3 or where it is intended that any equipment be used, must be kept open to4 inspection at all times by the licensing authority, its agents EXECUTIVE5 DIRECTOR, THE EXECUTIVE DIRECTOR'S AGENTS and employees, and peace6 officers of any political subdivision of the state.7 (13) The licensing authority EXECUTIVE DIRECTOR shall establish,8 by rule, safeguards to protect the bingo-raffle licensee's players against9 defaults in charitable gaming debts owed or to become payable by the10 bingo-raffle licensee.11 (14) The net proceeds derived from the holding of games of12 chance must be devoted, within one year, to the lawful purposes of the13 organization permitted to conduct the game of chance. Any organization14 desiring to hold the net proceeds of games of chance for a period longer15 than one year must apply to the licensing authority EXECUTIVE DIRECTOR16 for special permission and, upon good cause shown, the licensing17 authority EXECUTIVE DIRECTOR may grant the request.18 (15) The licensing authority SECRETARY OF STATE OR THE19 EXECUTIVE DIRECTOR may require a licensee that does not report, during20 any one-year licensing period, positive net proceeds to show cause before21 the licensing authority SECRETARY OF STATE OR THE EXECUTIVE DIRECTOR22 why its right to conduct games of chance should not be suspended or23 revoked. The licensing authority SECRETARY OF STATE AND THE24 EXECUTIVE DIRECTOR may establish by rule the conditions for suspending,25 revoking, or refusing to renew a license to conduct charitable gaming for26 failure to report positive net proceeds. T HE SECRETARY OF STATE SHALL27 HB24-1326 -29- UPHOLD THE DECISION OF THE EXECUTIVE DIRECTOR TO SUSPEND , REVOKE,1 OR REFUSE TO RENEW A LICENSE TO CONDUCT CHARITABLE GAMING2 PURSUANT TO THIS SUBSECTION (15) IN ACCORDANCE WITH SECTION3 24-21-605 (1)(f).4 SECTION 21. In Colorado Revised Statutes, 24-21-618, amend5 (3)(d), (5)(a), (5)(d), (5)(e), (6)(a), (7)(c), (8)(a) introductory portion,6 (8)(b), (8)(c), (8)(d), (9)(b), and (10) as follows:7 24-21-618. Conduct of bingo games. (3) (d) An operator shall8 not reserve or allow to be reserved any bingo cards for use by players9 except braille cards or other cards for use by legally blind players. A10 person who is legally blind may use his or her personal braille cards when11 a licensed organization does not provide such cards. A licensed12 organization may inspect and reject any personal braille card. A person13 who is legally blind or an individual with a disability may use a braille14 card or hard card in place of a purchased disposable paper bingo card.15 (5) (a) Notwithstanding the limitations stated in section 24-21-61716 (5), during a bingo occasion a bingo-raffle licensee may also start a single17 game of progressive bingo, in an amount established by rule by the18 licensing authority EXECUTIVE DIRECTOR, in which the game is won when19 a previously designated arrangement of numbers or spaces on the card or20 sheet is covered within a previously designated number of objects or balls21 drawn. If the game is not won within the drawing of the previously22 designated number of objects or balls, the game must be replayed either23 during each subsequent occasion the licensee conducts at the same24 location or during each subsequent occasion that falls on the same day of25 the week at the same location, using the previously designated26 arrangement of numbers or spaces.27 HB24-1326 -30- (d) The licensing authority EXECUTIVE DIRECTOR may establish by1 rule the maximum jackpot that may be awarded in a progressive bingo2 game; except that the maximum jackpot must be at least fifteen thousand3 dollars.4 (e) The licensing authority EXECUTIVE DIRECTOR may establish by5 rule the maximum number of progressive bingo games, not less than one,6 that may be conducted during an occasion. In order to ensure that all7 prizes offered are timely awarded, the licensing authority EXECUTIVE8 DIRECTOR may limit by rule the number of occasions in which a9 progressive bingo game may be conducted before a prize must be10 awarded; except that the maximum number of occasions must be at least11 thirty.12 (6) (a) Equipment, prizes, and supplies for games of bingo must13 not be purchased or sold at prices in excess of the usual price thereof. A14 licensee shall not sell or offer for sale any game of chance, or supplies for15 a game of chance, that is not authorized by this part 6 or by rules adopted16 by the licensing authority EXECUTIVE DIRECTOR pursuant to this part 6.17 (7) (c) The licensing authority EXECUTIVE DIRECTOR may establish18 by rule the maximum number of bingo cards that a bingo player who19 plays using the aid of an electronic device is permitted to use with the aid20 of such a device per game; except that the maximum number must be at21 least one hundred.22 (8) (a) With the application for a letter ruling pursuant to section23 24-21-605 (1)(d) SECTION 24-21-605 (2)(g) for the approval of a new type24 of electronic device used in the aid of bingo, the manufacturer of the25 device must provide the following to the licensing authority EXECUTIVE26 DIRECTOR:27 HB24-1326 -31- (b) The licensing authority EXECUTIVE DIRECTOR shall return the1 prototype electronic device used in the aid of bingo, the prototype bingo2 aid computer system, and the user's manual submitted pursuant to3 subsection (8)(a)(I) of this section no later than forty-five days after4 receiving the items.5 (c) When a complaint regarding an electronic device used in the6 aid of bingo that is in use in the state of Colorado has been filed with the7 licensing authority EXECUTIVE DIRECTOR, the manufacturer of the device8 shall provide to the licensing authority EXECUTIVE DIRECTOR a sample of9 the device and bingo aid computer system to assist the investigation by10 the licensing authority EXECUTIVE DIRECTOR. The licensing authority11 EXECUTIVE DIRECTOR shall return the electronic device and bingo aid12 computer system no later than forty-five days after receiving them unless13 they are needed longer to complete the investigation.14 (d) Any electronic device used in the aid of bingo, bingo aid15 computer system, or user's manual for such a device that is in the custody16 of the licensing authority EXECUTIVE DIRECTOR pursuant to this section17 is not a public record.18 (9) A bingo aid computer system used by a bingo-raffle licensee19 for bingo sessions must meet the following standards:20 (b) The system must be able to compute and total all transactions21 processed by the system during a bingo-raffle session and to print all22 information required by the licensing authority EXECUTIVE DIRECTOR, in23 the form prescribed by the licensing authority EXECUTIVE DIRECTOR.24 (10) If an electronic device used as an aid in the game of bingo25 complies with subsections (8)(a)(II)(A) to (8)(a)(II)(D) of this section,26 and if the bingo aid computer system for the electronic device27 HB24-1326 -32- substantially complies with the requirements of subsection (9) of this1 section, the licensing authority EXECUTIVE DIRECTOR shall approve the2 electronic device and computer system for use by a letter ruling pursuant3 to section 24-21-605 (1)(d) SECTION 24-21-605 (2)(g).4 SECTION 22. In Colorado Revised Statutes, 24-21-619, amend5 (4)(a), (6)(a), (6)(b), (6)(c), (6)(d), (6)(e), and (6)(f) introductory portion6 as follows:7 24-21-619. Conduct of pull tabs - license revocation - rules -8 definitions. (4) (a) A bingo-raffle licensee may offer a progressive pull9 tab game in which a prize may be carried over and increased from one10 deal to another until a prize is awarded. The game may include a11 subsequent pull tab deal bearing a different serial number from that12 offered in a previous deal. A licensee shall not offer or give a prize13 greater, in amount or value, than five thousand dollars in any progressive14 pull tab game. The licensing authority EXECUTIVE DIRECTOR may limit by15 rule the types of progressive pull tab games allowed to be sold by supplier16 licensees.17 (6) (a) The licensing authority EXECUTIVE DIRECTOR shall test,18 inspect, and license every mechanical, electronic, or electromechanical19 device that reveals the winning or nonwinning status of a pull tab ticket20 before the device is used in charitable gaming. The licensing authority21 EXECUTIVE DIRECTOR shall employ an independent contractor to conduct22 the tests and inspections, the cost of which shall MUST be borne by the23 manufacturer or supplier seeking approval of the device. The licensing24 authority EXECUTIVE DIRECTOR shall not issue a license for a device until25 the device is secured in a manner prescribed by the licensing authority26 EXECUTIVE DIRECTOR and the contractor receives payment in full for the27 HB24-1326 -33- cost of all tests and inspections.1 (b) Every person shipping or importing into Colorado a device2 subject to subsection (6)(a) of this section shall provide the licensing3 authority EXECUTIVE DIRECTOR with a copy of the shipping invoice at the4 time of shipment. The invoice must contain, at a minimum, the5 destination of the shipment and the serial number and description of each6 device being transported.7 (c) Every person receiving a device subject to subsection (6)(a) of8 this section shall, upon receipt of the device, provide the licensing9 authority EXECUTIVE DIRECTOR with the serial number and description of10 each device received and information describing the location of each11 device. The requirements of this subsection (6)(c) apply regardless of12 whether the device is received from a licensed supplier or from any other13 source.14 (d) A device licensed pursuant to this subsection (6) is licensed15 for and may only be used in one specific licensed location identified by16 the licensing authority EXECUTIVE DIRECTOR. Any movement of the17 device from the licensed location for use at another licensed location shall18 MUST be reported to and must be approved by the licensing authority19 EXECUTIVE DIRECTOR in advance.20 (e) The licensing authority EXECUTIVE DIRECTOR may adopt rules21 and prescribe all necessary forms in furtherance of this subsection (6).22 (f) Notwithstanding any other provision of this part 6, the23 licensing authority EXECUTIVE DIRECTOR shall not license:24 SECTION 23. In Colorado Revised Statutes, 24-21-620, amend25 (1), (2)(d), (2)(e), and (2)(f) as follows:26 24-21-620. Conduct of raffles - rules. (1) The licensing27 HB24-1326 -34- authority EXECUTIVE DIRECTOR shall not require an exempt organization1 to use raffle tickets in any particular form or displaying any particular2 information that would cause undue expense to the exempt organization3 and therefore interfere with the charitable fund-raising drive of the4 organization.5 (2) (d) The licensing authority EXECUTIVE DIRECTOR may establish6 by rule the maximum jackpot that a bingo-raffle licensee may award for7 a progressive raffle; except that, notwithstanding section 24-21-617 (5),8 the maximum jackpot must be at least fifteen thousand dollars. The9 maximum jackpot does not include the aggregate amount of consolation10 prizes awarded.11 (e) The licensing authority EXECUTIVE DIRECTOR may establish by12 rule the maximum number of progressive raffles that a bingo-raffle13 licensee may conduct simultaneously. To ensure that all prizes offered are14 timely awarded, the licensing authority EXECUTIVE DIRECTOR may limit15 by rule the number of drawings that a bingo-raffle licensee may conduct16 before a jackpot must be awarded; except that the maximum number of17 drawings must be at least thirty.18 (f) (I) The licensing authority EXECUTIVE DIRECTOR may establish19 by rule the permitted methods of conducting a progressive raffle.20 (II) The licensing authority EXECUTIVE DIRECTOR may not prohibit21 those methods of conducting a progressive raffle in which the participant22 whose ticket number is drawn wins both a prize for the winning ticket23 number and a chance to win the jackpot.24 SECTION 24. In Colorado Revised Statutes, 24-21-621, amend25 (1), (2), and (4) as follows:26 24-21-621. Persons permitted to manufacture and distribute27 HB24-1326 -35- games of chance equipment - reporting requirements. (1) A person1 other than a manufacturer licensee or licensed agent shall not act as a2 bingo-raffle manufacturer within Colorado. The manufacture of3 electronic devices used as aids in the game of bingo, and the printing of4 raffle tickets other than pull tabs, as designed and requested by a licensee,5 does not constitute the manufacture of games of chance equipment;6 except that such electronic devices are subject to the reporting7 requirements of subsections (4) and (5) of this section, and the fees8 established by the licensing authority EXECUTIVE DIRECTOR in accordance9 with section 24-21-606 (2) SECTION 24-21-606 (1) and subsection (4) of10 this section.11 (2) An individual shall not act for or represent a landlord,12 manufacturer, or supplier licensee with respect to an activity covered by13 such A license unless such THE individual is the licensee's owner, officer,14 director, partner, member, or ten percent or more shareholder of record15 with the licensing authority EXECUTIVE DIRECTOR, or is the manufacturer's16 or supplier's licensed agent. A manufacturer or supplier licensee shall not17 allow any person not authorized by this subsection (2) to represent it or18 serve as its agent with regard to any Colorado transaction.19 (4) Every manufacturer and supplier licensee shall file, upon20 forms prescribed by the licensing authority EXECUTIVE DIRECTOR,21 quarterly reports on its licensed activities within Colorado. The reports22 must be accompanied by quarterly fees established by the licensing23 authority EXECUTIVE DIRECTOR in accordance with section 24-21-606 (2)24 SECTION 24-21-606 (1) and deposited in the department of state REVENUE25 cash fund created in section 24-21-104 (3)(b) SECTION 24-21-606 (2)(b).26 The reports shall MUST be filed with the licensing authority EXECUTIVE27 HB24-1326 -36- DIRECTOR no later than April 30, July 31, October 31, and January 31 of1 each year licensed, and each report must cover the preceding calendar2 quarter. Reports must enumerate by quantity, purchaser or lessee, and3 price the pull tabs, bingo cards or sheets, electronic devices used as aids4 in the game of bingo, and other games of chance equipment5 manufactured, conveyed, or distributed within Colorado or for use or6 distribution in Colorado and must include the licensee's total sales,7 including amounts realized from leases, of equipment and electronic8 devices used as aids in the game of bingo and the names and addresses of9 all Colorado suppliers or agents of the licensee and shall MUST be signed10 and verified by the owner or the chief executive officer of the licensee.11 These quarterly reports are not public records as defined in section12 24-72-202.13 SECTION 25. In Colorado Revised Statutes, 24-21-622, amend14 (1), (5) introductory portion, (5)(b), (6)(a)(II)(B), (6)(a)(II)(D),15 (6)(a)(II)(E), (6)(b), and (7) as follows:16 24-21-622. Bingo-raffle licensee's statement of receipts -17 expenses - fee - definitions. (1) (a) On or before April 30, July 31,18 October 31, and January 31 of each year, every bingo-raffle licensee shall19 file with the licensing authority EXECUTIVE DIRECTOR, upon forms20 prescribed by the licensing authority EXECUTIVE DIRECTOR, a duly21 verified statement covering the preceding calendar quarter showing the22 amount of the gross receipts derived during said periods from games of23 chance, the expenses incurred or paid, and a brief description of the24 classification of such expenses, the net proceeds derived from games of25 chance, and the uses to which such net proceeds have been or are to be26 applied. Each licensee shall maintain and keep such books and records as27 HB24-1326 -37- may be necessary to substantiate the particulars of each such report.1 (b) Exempt organizations are not subject to the requirements of2 this subsection (1), except to the extent that they shall file with the3 licensing authority EXECUTIVE DIRECTOR statements showing the amount4 of the gross proceeds from their fund-raising drives and identifying all5 organizations receiving portions of such proceeds and the amounts6 received by each such organization.7 (5) No item of expense shall MAY be incurred or paid in8 connection with holding, operating, or conducting a game of chance9 pursuant to a bingo-raffle license except bona fide expenses of a10 reasonable amount. Such expenses include those incurred in connection11 with all games of chance, for the following purposes:12 (b) Legal fees related to any action brought by the licensing13 authority EXECUTIVE DIRECTOR against the bingo-raffle licensee in14 connection with games of chance;15 (6) (a) For the purposes enumerated in subsection (5) of this16 section, the following terms have the following meanings:17 (II) "Services rendered" means:18 (B) Compensation to bookkeepers or accountants for services in19 preparing financial reports for a reasonable amount as determined by the20 licensing authority EXECUTIVE DIRECTOR by rule. A landlord,21 manufacturer, or supplier licensee, or employee of a landlord,22 manufacturer, or supplier licensee, shall not act as a bookkeeper or23 accountant for a bingo-raffle licensee, nor shall a landlord, manufacturer,24 or supplier licensee offer or provide accounting or bookkeeping services25 in connection with the preparation of financial reports on bingo-raffle26 activities, except for the transfer or encoding of data necessitated by the27 HB24-1326 -38- sale, upgrade, or maintenance of accounting software sold or leased to a1 bingo-raffle licensee by a landlord, manufacturer, or supplier licensee. A2 landlord licensee that is also a bingo-raffle licensee may act as a3 bookkeeper or accountant on such licensee's own behalf.4 (D) A reasonable amount for janitorial service as determined by5 the licensing authority EXECUTIVE DIRECTOR in rules for each occasion;6 and7 (E) A reasonable amount for security expense based on8 established need as determined by the licensing authority EXECUTIVE9 DIRECTOR in rules for each occasion.10 (b) There shall be paid to the licensing authority EXECUTIVE11 DIRECTOR an administrative fee, established in accordance with section12 24-21-606 (2) SECTION 24-21-606 (1), upon the gross receipts of any13 game of chance held, operated, or conducted under this part 6; except that14 an exempt organization shall not be charged more than twenty dollars per15 year. All administrative fees collected by the licensing authority16 EXECUTIVE DIRECTOR under this part 6 shall MUST be deposited in the17 department of state REVENUE cash fund created in section 24-21-10418 (3)(b) SECTION 24-21-606 (2)(b).19 (7) Each licensee, at the time each financial report is submitted to20 the licensing authority EXECUTIVE DIRECTOR, shall pay to the order of the21 licensing authority EXECUTIVE DIRECTOR the amount of administration22 expense provided in subsection (6) of this section.23 SECTION 26. In Colorado Revised Statutes, amend 24-21-62324 as follows:25 24-21-623. Examination of books and records - rules. The26 licensing authority and its EXECUTIVE DIRECTOR AND THE EXECUTIVE27 HB24-1326 -39- DIRECTOR'S agents have power to examine or cause to be examined the1 books and records of any licensee to which any license is issued pursuant2 to this part 6 insofar as they may relate to any transactions connected with3 activities under the license. The licensing authority EXECUTIVE DIRECTOR4 may require by rule that licensees that have failed to keep proper books5 and records, or to maintain their books and records in accordance with6 generally accepted accounting principles, adopt certain internal financial7 controls and attend training to ensure the integrity of the reporting of8 games of chance activities pursuant to this part 6.9 SECTION 27. In Colorado Revised Statutes, amend 24-21-62610 as follows:11 24-21-626. Unfair trade practices. (1) The provisions of the12 "Unfair Practices Act", article 2 of title 6, and the "Colorado State13 Antitrust Act of 2023", article 4 of title 6, are specifically applicable to14 charitable gaming activities conducted by any licensee. Within thirty days15 after receiving a complaint alleging a violation of either of the acts, the16 licensing authority EXECUTIVE DIRECTOR shall transmit the complaint to17 the attorney general.18 (2) The licensing authority EXECUTIVE DIRECTOR shall revoke the19 license of a licensee that violates any provision of article 2 of title 6 or20 article 4 of title 6 for a period of one year after the date of the finding of21 the violation. Upon the expiration of such period, the licensee may apply22 for the issuance of a new license.23 SECTION 28. In Colorado Revised Statutes, 24-21-627, amend24 (2) as follows:25 24-21-627. Common members - bingo-raffle licensees -26 definition. (2) Proceeds from a bingo or raffle game that are transferred27 HB24-1326 -40- from a bingo-raffle licensee to a bingo-raffle licensee's affiliate shall not1 be used to pay the salary, remuneration, or expenses of any officer,2 director, member, manager, partner, games manager, or employee of such3 affiliate. The donee entity or organization shall deposit all such4 transferred proceeds in a segregated account that contains only such5 donations, and the transferred proceeds shall not be commingled with6 other funds of the donee entity or organization. The licensing authority7 and its EXECUTIVE DIRECTOR AND THE EXECUTIVE DIRECTOR 'S agents may8 examine or cause to be examined the books and records of any donee9 entity or organization insofar as they may relate to account or to any10 transactions connected with bingo or raffle proceeds.11 SECTION 29. In Colorado Revised Statutes, amend 24-21-62812 as follows:13 24-21-628. Enforcement. I N ADDITION TO THE ENFORCEMENT14 DUTIES OF THE EXECUTIVE DIRECTOR, AS SET FORTH IN SECTION 24-21-60515 (2), it is the duty of all sheriffs and police officers to enforce this part 6,16 to receive complaints, to initiate investigations, and to arrest and17 complain against any person violating this part 6. It is the duty of the18 district attorney of the respective districts of this state to prosecute all19 violations of this part 6 in the manner and form as is now provided by law20 for the prosecutions of crimes and misdemeanors, and it is a violation of21 this part 6 for any such person knowingly to fail to perform his or her THE22 PERSON'S duty under this section.23 SECTION 30. In Colorado Revised Statutes, amend 24-21-62924 as follows:25 24-21-629. Penalties for violation. I N ADDITION TO ANY26 PENALTIES IMPOSED BY THE EXECUTIVE DIRECTOR IN ACCORDANCE WITH27 HB24-1326 -41- SECTION 24-21-605, every licensee and every officer, agent, or employee1 of the licensee and every other person or corporation who willfully2 violates or who procures, aids, or abets in the willful violation of this part3 6 commits a petty offense and shall be punished as provided in section4 18-1.3-503; except that, if the underlying factual basis of the violation5 constitutes a crime as defined by any other provision of law, then the6 person may be charged, prosecuted, and punished in accordance with7 such other provision of law.8 SECTION 31. In Colorado Revised Statutes, repeal 24-21-6309 as follows:10 24-21-630. Colorado bingo-raffle advisory board - creation.11 (1) There is hereby created, within the department of state, the Colorado12 bingo-raffle advisory board.13 (2) The board consists of nine members, all of whom must be14 citizens of the United States who have been residents of the state for at15 least the past five years. A member must not have been convicted of a16 felony or gambling-related offense, notwithstanding section 24-5-101. No17 more than five of the nine members may be members of the same political18 party. At the first meeting of each fiscal year, a majority of the members19 must choose a chair and vice-chair of the board from the membership.20 Membership and operation of the board must additionally meet the21 following requirements:22 (a) (I) Three members of the board must be bona fide members of23 a bingo-raffle licensee that is classified as a religious organization, a24 charitable organization, a labor organization, an educational organization,25 or a voluntary firefighter's organization; except that no more than one26 member shall be appointed from any one such classification;27 HB24-1326 -42- (II) One member of the board must be a bona fide member of a1 bingo-raffle licensee that is a veterans' organization;2 (III) One member of the board must be a bona fide member of a3 bingo-raffle licensee that is a fraternal organization;4 (IV) One member of the board must be a supplier licensee;5 (V) Two members of the board must be landlord licensees; and6 (VI) One member of the board must be a registered elector of the7 state who is not employed by or an officer or director of a licensee, does8 not have a financial interest in any license, and does not have an active9 part in the conduct or management of games of chance by any10 bingo-raffle licensee.11 (b) (I) Of the five members of the board who are categorized as12 bona fide members of a bingo-raffle licensee, two shall be appointed by13 the president of the senate, two shall be appointed by the speaker of the14 house of representatives, and one shall be appointed jointly by the15 president and the speaker.16 (II) Of the two members of the board who are categorized as17 landlord licensees, one shall be appointed by the president of the senate18 and one shall be appointed by the speaker of the house of representatives.19 (III) The president of the senate shall appoint the member of the20 board who is a supplier licensee. The speaker of the house shall appoint21 the member of the board who is a registered elector.22 (c) All appointments are for terms of four years. No member of23 the board is eligible to serve more than two consecutive terms.24 (d) Any vacancy on the board shall be filled for the unexpired25 term in the same manner as the original appointment. The member26 appointed to fill such vacancy shall be from the same category described27 HB24-1326 -43- in subsection (2)(a) of this section as the member vacating the position.1 (e) A member of the board having a direct personal or private2 interest in any matter before the board shall disclose such fact on the3 board's record. A member may disqualify himself or herself for any cause4 deemed by him or her to be sufficient.5 (f) The appointing officer shall terminate the term of any member6 of the board who misses more than two consecutive regular board7 meetings without good cause, or who no longer meets the requirements8 for membership imposed by this section. The member's successor shall be9 appointed in the manner provided for appointments under this section.10 (g) Board members are entitled to receive as compensation for11 their services fifty dollars for each day spent in the conduct of board12 business, not to exceed five hundred dollars per member per year, and are13 entitled to be reimbursed for necessary travel and other reasonable14 expenses incurred in the performance of their official duties.15 (h) Prior to commencing his or her term of service, each person16 nominated to serve on the board shall file with the secretary of state a17 financial disclosure statement in the form required and prescribed by the18 licensing authority and as commonly used for other Colorado boards and19 commissions. Such statement shall be renewed as of each January 120 during the member's term of office.21 (i) The board shall hold at least two meetings each year and such22 additional meetings as the members may deem necessary. In addition,23 special meetings may be called by the chair, any three board members, or24 the licensing authority if written notification of the meeting is delivered25 to each member at least seventy-two hours before the meeting.26 Notwithstanding section 24-6-402, in emergency situations in which a27 HB24-1326 -44- majority of the board certifies that exigencies of time require that the1 board meet without delay, the requirements of public notice and of2 seventy-two hours' actual advance written notice to members may be3 dispensed with, and board members as well as the public shall receive4 such notice as is reasonable under the circumstances.5 (j) A majority of the board constitutes a quorum, and the6 concurrence of a majority of the members present is required for any final7 determination by the board.8 (k) The board shall keep a complete and accurate record of all its9 meetings.10 SECTION 32. In Colorado Revised Statutes, repeal 24-21-63111 as follows:12 24-21-631. Board - duties. (1) In addition to any other duties set13 forth in this part 6, the board shall:14 (a) Conduct a continuous study of charitable gaming throughout15 the state for the purpose of ascertaining any defects in this part 6 or in the16 rules promulgated pursuant to this part 6; and17 (b) Formulate and recommend changes to this part 6 to the general18 assembly.19 (2) The board shall offer advice to the licensing authority upon20 subjects that include, but are not limited to, the following:21 (a) The types of charitable gaming activities to be conducted, the22 rules for those activities, and the number of occasions per year upon23 which a licensee may hold, operate, or conduct a game of bingo or lotto;24 (b) The requirements, qualifications, and grounds for the issuance25 of all types of permanent and temporary licenses required for the conduct26 of charitable gaming;27 HB24-1326 -45- (c) The requirements, qualifications, and grounds for the1 revocation, suspension, and summary suspension of all licenses required2 for the conduct of charitable gaming;3 (d) Activities that constitute fraud, cheating, or illegal activities;4 (e) The granting of licenses with special conditions or for limited5 periods, or both;6 (f) The establishment of a schedule of reasonable fines to be7 assessed in lieu of license revocation or suspension for violations of this8 part 6 or any rule adopted pursuant to this part 6;9 (g) The amount of fees for licenses issued by the licensing10 authority and for the performance of administrative services pursuant to11 this part 6;12 (h) The establishment of criteria under which a person may serve13 as a games manager;14 (i) The content and conduct of classes or training seminars to15 benefit bingo-raffle charitable licensees, officers, and volunteers to better16 account for funds collected from games of chance;17 (j) Standardized rules, procedures, and policies to clarify and18 simplify the auditing of licensees' records;19 (k) The types of charitable gaming activities to be conducted in20 the future, based upon a continuing review of the available state of the art21 of equipment in Colorado and elsewhere, and the policies and procedures22 approved and implemented by other states for the conduct of their23 charitable gaming activities; and24 (l) The conditions for a licensee's plan for disposal of any25 equipment and the distribution of any remaining net proceeds upon26 termination of a bingo-raffle license for the licensee's failure to timely or27 HB24-1326 -46- sufficiently renew such license.1 SECTION 33. In Colorado Revised Statutes, amend 24-21-6322 as follows:3 24-21-632. Repeal of part - review of functions. This part 6 is4 repealed, effective September 1, 2024 SEPTEMBER 1, 2029. Before the5 repeal, the licensing functions of the licensing authority and the functions6 of the Colorado bingo-raffle advisory board in the department of state are7 scheduled for review in accordance with section 24-34-104.8 SECTION 34. In Colorado Revised Statutes, amend 24-21-6329 as follows:10 24-21-632. Repeal of part - review of functions. This part 6 is11 repealed, effective September 1, 2024 SEPTEMBER 1, 2029. Before the12 repeal, the licensing functions of the licensing authority and the functions13 of the Colorado bingo-raffle advisory board in the department of state14 SECRETARY OF STATE AND THE EXECUTIVE DIRECTOR are scheduled for15 review in accordance with section 24-34-104.16 SECTION 35. In Colorado Revised Statutes, 24-34-104, repeal17 (25)(a)(XV) and (25)(a)(XVI); and add (30)(a)(IX) as follows:18 24-34-104. General assembly review of regulatory agencies19 and functions for repeal, continuation, or reestablishment - legislative20 declaration - repeal. (25) (a) The following agencies, functions, or both,21 are scheduled for repeal on September 1, 2024:22 (XV) The licensing of bingo and other games of chance through23 the secretary of state in accordance with part 6 of article 21 of this title24 24;25 (XVI) The Colorado bingo-raffle advisory board created in26 section 24-21-630;27 HB24-1326 -47- (30) (a) The following agencies, functions, or both, are scheduled1 for repeal on September 1, 2029:2 (IX) T HE LICENSING OF BINGO AND OTHER GAMES OF CHANCE3 THROUGH THE SECRETARY OF STATE IN ACCORDANCE WITH PART 6 OF4 ARTICLE 21 OF THIS TITLE 24.5 SECTION 36. In Colorado Revised Statutes, 24-34-104, amend6 as added in section 35 of this House Bill 24-___, (30)(a)(IX) as follows:7 24-34-104. General assembly review of regulatory agencies8 and functions for repeal, continuation, or reestablishment - legislative9 declaration - repeal. (30) (a) The following agencies, functions, or both,10 are scheduled for repeal on September 1, 2029:11 (IX) The licensing of bingo and other games of chance through 12 BINGO-RAFFLE LICENSEES BY the secretary of state in accordance with13 AND THE LICENSING AND ENFORCEMENT FUNCTIONS OF THE EXECUTIVE14 DIRECTOR OF THE DEPARTMENT OF REVENUE FOR BINGO AND OTHER15 GAMES OF CHANCE AS SPECIFIED IN part 6 of article 21 of this title 24.16 SECTION 37. In Colorado Revised Statutes, 24-35-103, add (5)17 as follows:18 24-35-103. Powers of executive director - deputies.19 (5) C OMMENCING JANUARY 1, 2025, THE EXECUTIVE DIRECTOR IS20 DESIGNATED AS THE AUTHORITY FOR THE ISSUANCE OF LICENSES TO21 LANDLORDS, MANUFACTURERS, MANUFACTURERS' AGENTS, SUPPLIERS,22 AND SUPPLIERS' AGENTS AND THE ENFORCEMENT OF PART 6 OF ARTICLE 2123 OF THIS TITLE 24 IN ACCORDANCE WITH SECTION 2 (6) OF ARTICLE XVIII24 OF THE STATE CONSTITUTION. THE EXECUTIVE DIRECTOR'S POWERS AND25 DUTIES ARE AS SET FORTH IN SECTION 24-21-605 (2).26 SECTION 38. Effective date. This act takes effect upon passage;27 HB24-1326 -48- except that sections 2, 5, 7 through 17, 20 through 30, 34, 36, and 37 of1 this act take effect January 1, 2025.2 SECTION 39. Safety clause. The general assembly finds,3 determines, and declares that this act is necessary for the immediate4 preservation of the public peace, health, or safety or for appropriations for5 the support and maintenance of the departments of the state and state6 institutions.7 HB24-1326 -49-