6 | | - | ONCERNING CONTINUATION UNDER THE SUNSET LAW OF THE LICENSING OF |
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7 | | - | CERTAIN GAMES OF CHANCE INCLUDING BINGO |
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8 | | - | , AND, IN CONNECTION |
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9 | | - | THEREWITH |
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10 | | - | , MAKING AN APPROPRIATION. |
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11 | | - | |
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12 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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13 | | - | SECTION 1. In Colorado Revised Statutes, 24-21-602, amend |
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14 | | - | (1)(a) and (6); repeal (5.5); and add (40.5) as follows: |
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15 | | - | 24-21-602. Definitions. As used in this part 6, unless the context |
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16 | | - | otherwise requires: |
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17 | | - | (1) "Bingo" means: |
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18 | | - | (a) A |
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19 | | - | STRIP bingo strip card |
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20 | | - | game; or |
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21 | | - | (5.5) "Bingo strip card game" means a type of bingo that is played |
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22 | | - | with a strip of up to five connected paper bingo cards, with each card |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. containing a concealed grid of preprinted numbers ranging from one to |
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31 | | - | seventy-five. The winner is the first player to match the numbers drawn on |
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32 | | - | one or more bingo balls to the prearranged pattern of numbers on a card. |
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33 | | - | The maximum prize for an individual card may not exceed one thousand |
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34 | | - | dollars. |
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35 | | - | (6) "Board" means the Colorado bingo-raffle advisory CHARITABLE |
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36 | | - | GAMING |
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37 | | - | board created in section 24-21-630. |
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38 | | - | (40.5) "S |
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39 | | - | TRIP BINGO GAME" MEANS A TYPE OF BINGO THAT IS PLAYED |
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40 | | - | WITH A PAPER STRIP CARD OF UP TO FIVE CONNECTED PAPER BINGO FACES |
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41 | | - | , |
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42 | | - | WITH EACH BINGO FACE CONTAINING A CONCEALED GROUPING OF |
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43 | | - | PREPRINTED SYMBOLS |
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44 | | - | , FREE SPACES, AND NUMBERS RANGING FROM ONE TO |
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45 | | - | SEVENTY |
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46 | | - | -FIVE. |
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47 | | - | SECTION 2. In Colorado Revised Statutes, 24-21-604, repeal (4) |
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48 | | - | as follows: |
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49 | | - | 24-21-604. Legislative declaration - consideration for tickets - |
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50 | | - | conditions - rules. (4) A bingo-raffle licensee may, directly or through a |
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51 | | - | third party, presell tickets to a charitable gaming event. |
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52 | | - | SECTION 3. In Colorado Revised Statutes, 24-21-605, amend |
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53 | | - | (1)(a)(II) and (1)(b) as follows: |
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54 | | - | 24-21-605. Licensing and enforcement authority - powers - rules |
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55 | | - | - duties - license suspension or revocation proceedings - definitions. |
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56 | | - | (1) The secretary of state is hereby designated as the "licensing authority" |
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57 | | - | of this part 6. As licensing authority, the secretary of state's powers and |
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58 | | - | duties are as follows: |
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59 | | - | (a) (II) In lieu of seeking a suspension or revocation of any license |
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60 | | - | issued by the licensing authority, The licensing authority may impose a |
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61 | | - | reasonable fine for any violation of this part 6 or any rule adopted pursuant |
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62 | | - | to this part 6, not to exceed one hundred |
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63 | | - | TWO HUNDRED FIFTY dollars per |
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64 | | - | citation. The imposition of any such fine may be appealed to an |
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65 | | - | administrative law judge. |
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66 | | - | (b) To supervise the administration and enforcement of this part 6 |
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67 | | - | and in consultation with the board, |
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68 | | - | to adopt, amend, and repeal rules |
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69 | | - | PAGE 2-HOUSE BILL 24-1326 governing the holding, operating, and conducting of games of chance, the |
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70 | | - | purchase of equipment, the establishment of a schedule of reasonable fines, |
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71 | | - | not to exceed one hundred |
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72 | | - | TWO HUNDRED FIFTY dollars per citation, for |
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73 | | - | violation by licensees of this part 6 or of rules adopted pursuant to this part |
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74 | | - | 6, to the end that games of chance shall be held, operated, and conducted |
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75 | | - | only by licensees for the purposes and in conformity with the state |
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76 | | - | constitution and the provisions of this part 6; |
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77 | | - | SECTION 4. In Colorado Revised Statutes, 24-21-609, amend |
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78 | | - | (2)(b) as follows: |
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79 | | - | 24-21-609. Application for bingo-raffle license. (2) (b) Each |
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80 | | - | designated games manager must have been an active member of the |
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81 | | - | applicant for at least the six months immediately preceding his or her |
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82 | | - | THE |
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83 | | - | MEMBER |
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84 | | - | 'S designation AS A GAMES MANAGER and shall be certified by the |
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85 | | - | licensing authority pursuant to section 24-21-610 before assuming games |
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86 | | - | management duties. |
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87 | | - | SECTION 5. In Colorado Revised Statutes, 24-21-614, amend |
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88 | | - | (1)(c) as follows: |
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89 | | - | 24-21-614. Application for manufacturer's agent license or |
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90 | | - | supplier's agent license. (1) Each application for a manufacturer's agent |
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91 | | - | license or supplier's agent license must include, but not be limited to, the |
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92 | | - | following information: |
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93 | | - | (c) A statement by the applicant that he or she |
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94 | | - | THE APPLICANT has |
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95 | | - | read, understands, and will comply with this part 6 as to manufacturer's and |
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96 | | - | supplier's agents and the conditions of the agent's license; |
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97 | | - | SECTION 6. In Colorado Revised Statutes, 24-21-617, amend (1); |
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98 | | - | and add (16) as follows: |
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99 | | - | 24-21-617. General conduct games of chance - premises - |
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100 | | - | equipment - expenses - rules. (1) A licensee shall not hold, operate, or |
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101 | | - | conduct a game of bingo or lotto more often than as specified by the |
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102 | | - | licensing authority by rule. after consultation with the board. |
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103 | | - | (16) A BINGO-RAFFLE LICENSEE MAY, DIRECTLY OR THROUGH A |
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104 | | - | THIRD PARTY |
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105 | | - | , PRESELL TICKETS TO A CHARITABLE GAMING EVENT . |
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106 | | - | PAGE 3-HOUSE BILL 24-1326 SECTION 7. In Colorado Revised Statutes, 24-21-618, amend |
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107 | | - | (3)(d); and add (11) as follows: |
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108 | | - | 24-21-618. Conduct of bingo games. (3) (d) An operator shall not |
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109 | | - | reserve or allow to be reserved any bingo cards for use by players except |
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110 | | - | braille cards or other cards for use by legally blind players. A person who |
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111 | | - | is legally blind may use his or her |
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112 | | - | personal braille cards when a licensed |
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113 | | - | organization does not provide such cards. A licensed organization may |
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114 | | - | inspect and reject any personal braille card. A person who is legally blind |
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115 | | - | or an individual with a disability may use a braille card or hard card in place |
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116 | | - | of a purchased disposable paper bingo card. |
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117 | | - | (11) I |
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118 | | - | N THE CONDUCT OF ANY STRIP BINGO GAME OR ANY OCCASION |
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119 | | - | THAT INCLUDES A STRIP BINGO GAME |
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120 | | - | : |
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121 | | - | (a) A |
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122 | | - | BINGO-RAFFLE LICENSEE MAY USE ANY STYLE OF STRIP BINGO |
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123 | | - | GAME AUTHORIZED BY THIS PART |
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124 | | - | 6 OR BY THE RULES ADOPTED PURSUANT |
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125 | | - | TO THIS PART |
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126 | | - | 6; |
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127 | | - | (b) T |
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128 | | - | HE MAXIMUM PRIZE FOR A STRIP BINGO GAME MUST NOT EXCEED |
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129 | | - | ONE THOUSAND DOLLARS |
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130 | | - | ; |
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131 | | - | (c) B |
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132 | | - | OTH STRIP BINGO GAMES AND TRADITIONAL BINGO GAMES MAY |
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133 | | - | BE PLAYED DURING THE SAME OCCASION |
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134 | | - | ; AND |
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135 | | - | (d) THE TOTAL AMOUNT OF PRIZES AWARDED FOR ALL BINGO GAMES |
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136 | | - | AT A SINGLE OCCASION MUST NOT EXCEED FIFTEEN THOUSAND DOLLARS |
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137 | | - | . |
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138 | | - | SECTION 8. In Colorado Revised Statutes, 24-21-622, amend |
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139 | | - | (3)(a) as follows: |
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140 | | - | 24-21-622. Bingo-raffle licensee's statement of receipts - |
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141 | | - | expenses - fee - definitions. (3) (a) All money collected or received from |
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142 | | - | the sale of admission, extra regular cards, bingo strip cards, special game |
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143 | | - | cards, sale of supplies, and all other receipts from the games of |
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144 | | - | TRADITIONAL AND STRIP bingo GAMES, raffles, and pull tab games shall be |
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145 | | - | deposited in a special checking or savings account, or both, of the licensee, |
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146 | | - | which must contain only this money. If the licensee conducts progressive |
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147 | | - | games of chance, the licensee may maintain one additional checking or |
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148 | | - | savings account, which must contain only money received from the sale of |
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149 | | - | PAGE 4-HOUSE BILL 24-1326 progressive games. The licensee may withdraw money from these accounts |
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150 | | - | only by consecutively numbered checks or withdrawal slips or by electronic |
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151 | | - | transactions referenced by transaction number or date. A check or |
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152 | | - | withdrawal slip must not be drawn to "cash" or a fictitious payee. The |
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153 | | - | licensee shall maintain all of its books and records in accordance with |
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154 | | - | generally accepted accounting principles. |
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155 | | - | SECTION 9. In Colorado Revised Statutes, 24-21-630, amend (1), |
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156 | | - | (2) introductory portion, (2)(a)(I), (2)(a)(V), (2)(a)(VI), (2)(b), (2)(d), |
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157 | | - | (2)(e), (2)(f), (2)(g), (2)(h), and (2)(i); repeal (2)(a)(II) and (2)(a)(III); and |
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158 | | - | add (2)(a)(VII), (2)(l), (2)(m), and (2)(n) as follows: |
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159 | | - | 24-21-630. Colorado charitable gaming board - creation. |
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160 | | - | (1) There is hereby |
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161 | | - | created, within the department of state, the Colorado |
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162 | | - | bingo-raffle advisory CHARITABLE GAMING board. |
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163 | | - | (2) The board consists of nine SEVEN members, all of whom must |
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164 | | - | be citizens of the United States who have been residents of the state for at |
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165 | | - | least the past five |
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166 | | - | TWO years. A member must not have been convicted of |
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167 | | - | a felony or gambling-related offense, notwithstanding section 24-5-101. No |
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168 | | - | more than five |
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169 | | - | THREE of the nine SEVEN members may be members of the |
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170 | | - | same political party; |
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171 | | - | EXCEPT THAT THE POLITICAL PARTY AFFILIATION OF |
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172 | | - | THE SECRETARY OF STATE |
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173 | | - | 'S DESIGNEE SHALL NOT BE CONSIDERED FOR |
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174 | | - | PURPOSES OF DETERMINING COMPLIANCE WITH THIS REQUIREMENT |
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175 | | - | . THE |
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176 | | - | SECRETARY OF STATE |
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177 | | - | 'S DESIGNEE SHALL CONVENE THE BOARD 'S FIRST |
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178 | | - | MEETING AS SOON AS PRACTICABLE BUT NOT LATER THAN SIXTY DAYS AFTER |
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179 | | - | A MAJORITY OF THE SEVEN BOARD MEMBERS ARE APPOINTED IN |
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180 | | - | ACCORDANCE WITH THIS SECTION |
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181 | | - | . At the first meeting of each fiscal year, |
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182 | | - | a majority of the members must choose a chair and vice-chair of the board |
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183 | | - | from the membership. Membership and operation of the board must |
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184 | | - | additionally meet the following requirements: |
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185 | | - | (a) (I) Three members of the board must be bona fide members of |
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186 | | - | a bingo-raffle licensee that is classified as a religious organization, a |
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187 | | - | charitable organization, a labor organization, an educational organization, |
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188 | | - | A VETERANS' ORGANIZATION, A FRATERNAL ORGANIZATION, or a voluntary |
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189 | | - | firefighter's organization; except that no more than one member shall be |
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190 | | - | appointed from any one such classification; |
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191 | | - | (II) One member of the board must be a bona fide member of a |
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192 | | - | PAGE 5-HOUSE BILL 24-1326 bingo-raffle licensee that is a veterans' organization; |
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193 | | - | (III) One member of the board must be a bona fide member of a |
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194 | | - | bingo-raffle licensee that is a fraternal organization; |
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195 | | - | (V) Two members ONE MEMBER of the board must be A landlord |
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196 | | - | licensees LICENSEE; and |
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197 | | - | (VI) One member of the board must be a registered elector of the |
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198 | | - | state who is not employed by or an officer or director of a licensee, does not |
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199 | | - | have a financial interest in any license, and does not have an active part in |
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200 | | - | the conduct or management of games of chance by any bingo-raffle |
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201 | | - | licensee; |
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202 | | - | AND |
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203 | | - | (VII) ONE MEMBER OF THE BOARD MUST BE THE SECRETARY OF |
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204 | | - | STATE |
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205 | | - | 'S DESIGNEE. |
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206 | | - | (b) (I) Of the five |
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207 | | - | THE GOVERNOR SHALL APPOINT THE THREE |
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208 | | - | members of the board who are categorized as bona fide members of a |
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209 | | - | bingo-raffle licensee. two shall be appointed by the president of the senate, |
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210 | | - | two shall be appointed by the speaker of the house of representatives, and |
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211 | | - | one shall be appointed jointly by the president and the speaker. |
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212 | | - | (II) Of the two members THE GOVERNOR SHALL APPOINT THE |
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213 | | - | MEMBER |
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214 | | - | of the board who are categorized as landlord licensees, one shallbe appointed by the president of the senate and one shall be appointed by |
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215 | | - | the speaker of the house of representatives IS A SUPPLIER LICENSEE AND THE |
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216 | | - | MEMBER OF THE BOARD WHO IS A LANDLORD LICENSEE |
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217 | | - | . |
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218 | | - | (III) The president of the senate shall appoint the member of theboard who is a supplier licensee. The speaker of the house THE SECRETARY |
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219 | | - | OF STATE |
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220 | | - | shall appoint the member of the board who is a registered elector |
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221 | | - | AND THE MEMBER OF THE BOARD WHO IS THE SECRETARY OF STATE 'S |
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222 | | - | DESIGNEE |
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223 | | - | . |
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224 | | - | (d) Any vacancy on the board shall |
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225 | | - | MUST be filled for the unexpired |
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226 | | - | term in the same manner as the original appointment; |
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227 | | - | EXCEPT THAT, IN THE |
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228 | | - | EVENT OF AN EXTENDED VACANCY OF MORE THAN THREE MEETINGS OR THE |
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229 | | - | FAILURE OF THE GOVERNOR TO APPOINT A NEW MEMBER WITHIN THREE |
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230 | | - | MONTHS OF THE VACANCY |
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231 | | - | , THE SECRETARY OF STATE MAY APPOINT A |
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232 | | - | PAGE 6-HOUSE BILL 24-1326 REPLACEMENT MEMBER . The member appointed to fill such vacancy shall |
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233 | | - | be from the same category described in subsection (2)(a) of this section as |
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234 | | - | the member vacating the position. |
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235 | | - | (e) A member of the board having a direct personal or private |
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236 | | - | interest in any matter before the board shall |
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237 | | - | MUST disclose such fact on the |
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238 | | - | board's record. A member MEMBERS may disqualify himself or herself |
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239 | | - | THEMSELVES for any cause deemed by him or her THEM to be sufficient. |
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240 | | - | (f) The appointing officer shall terminate the term of any member |
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241 | | - | of the board who misses more than two consecutive regular board meetings |
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242 | | - | without good cause, or who no longer meets the requirements for |
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243 | | - | membership imposed by this section. The member's successor shall |
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244 | | - | MUST |
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245 | | - | be appointed in the manner provided for appointments under this section. |
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246 | | - | (g) Board members are entitled to receive as compensation for their |
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247 | | - | services fifty SEVENTY-FIVE dollars for each day spent in the conduct of |
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248 | | - | board business, not to exceed five hundred dollars per member per year, and |
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249 | | - | are entitled to be reimbursed for necessary travel and other reasonable |
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250 | | - | expenses incurred in the performance of their official duties. |
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251 | | - | (h) Prior to commencing his or her |
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252 | | - | A term of service, each person |
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253 | | - | nominated to serve on the board, |
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254 | | - | OTHER THAN THE SECRETARY OF STATE 'S |
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255 | | - | DESIGNEE |
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256 | | - | , shall |
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257 | | - | MUST file with the secretary of state a financial disclosure |
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258 | | - | statement in the form required and prescribed by the licensing authority and |
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259 | | - | as commonly used for other Colorado boards and commissions. Such |
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260 | | - | statement shall |
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261 | | - | MUST be renewed as of each January 1 during the member's |
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262 | | - | term of office. |
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263 | | - | (i) The board shall hold at least two SIX meetings each year and such |
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264 | | - | additional meetings as the members may deem necessary. In addition, |
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265 | | - | special meetings may be called by the chair, any three board members, or |
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266 | | - | the licensing authority if written notification of the meeting is delivered to |
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267 | | - | each member at least seventy-two hours before the meeting. |
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268 | | - | Notwithstanding section 24-6-402, in emergency situations in which a |
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269 | | - | majority of the board certifies that exigencies of time require that the board |
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270 | | - | meet without delay, the requirements of public notice and of seventy-two |
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271 | | - | hours' actual advance written notice to members may be dispensed with, and |
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272 | | - | board members as well as the public shall |
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273 | | - | MUST receive such notice as is |
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274 | | - | reasonable under the circumstances. |
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275 | | - | PAGE 7-HOUSE BILL 24-1326 (l) A MAJORITY OF THE BOARD CONSTITUTES A QUORUM , BUT THE |
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276 | | - | CONCURRENCE OF A MAJORITY OF ALL MEMBERS IS REQUIRED FOR ANY FINAL |
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277 | | - | ACTION OR DETERMINATION BY THE BOARD |
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278 | | - | . |
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279 | | - | (m) T |
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280 | | - | HE MEMBERS OF THE BOARD MAY INVITE ADDITIONAL |
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281 | | - | INDIVIDUALS AND REPRESENTATIVES OF ENTITIES TO ATTEND WORKING |
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282 | | - | GROUP MEETINGS AND PARTICIPATE IN SUCH MEETINGS AS NONVOTING |
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283 | | - | MEMBERS OF THE BOARD |
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284 | | - | . |
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285 | | - | (n) T |
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286 | | - | HE SECRETARY OF STATE MAY EM PLOY STAFF TO ASSIST THE |
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287 | | - | BOARD IN CARRYING OUT ITS DUTIES AND TO ENSURE THAT THE BOARD |
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288 | | - | MAINTAINS ITS REGULAR MEETING SCHEDULE SET FORTH IN SUBSECTION |
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289 | | - | (2)(i) OF THIS SECTION. |
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290 | | - | SECTION 10. In Colorado Revised Statutes, repeal and reenact, |
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291 | | - | with amendments, 24-21-631 as follows: |
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292 | | - | 24-21-631. Board - duties. (1) I |
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293 | | - | N ADDITION TO ANY OTHER DUTIES |
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294 | | - | SET FORTH IN THIS PART |
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295 | | - | 6, THE BOARD SHALL: |
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296 | | - | (a) C |
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297 | | - | ONDUCT A CONTINUOUS STUDY OF CHARITABLE GAMING |
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298 | | - | THROUGHOUT THE STATE FOR THE PURPOSE OF IMPROVING CHARITABLE |
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299 | | - | GAMING AND ASCERTAINING ANY DEFECTS IN THIS PART |
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300 | | - | 6 OR IN THE RULES |
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301 | | - | PROMULGATED PURSUANT TO THIS PART |
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302 | | - | 6; AND |
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303 | | - | (b) COMMENCING ON AND AFTER JANUARY 1, 2025, AT THE |
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304 | | - | DISCRETION OF THE BOARD |
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305 | | - | , SUBMIT A REPORT TO THE GENERAL ASSEMBLY |
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306 | | - | CONTAINING RECOMMENDATIONS FOR CHANGES TO THIS PART |
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307 | | - | 6, WHICH |
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308 | | - | REPORT SHALL BE SUBMITTED ON OR BEFORE |
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309 | | - | OCTOBER 31, 2025, AND ON OR |
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310 | | - | BEFORE |
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311 | | - | OCTOBER 31 OF EACH YEAR THEREAFTER. |
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312 | | - | (2) T |
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313 | | - | HE LICENSING AUTHORITY IS ENCOURAGED TO COLLABORATE |
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314 | | - | WITH THE BOARD ON PROPOSALS DEVELOPED BY THE BOARD CONCERNING |
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315 | | - | SUBJECTS INCLUDING BUT NOT LIMITED TO |
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316 | | - | : |
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317 | | - | (a) T |
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318 | | - | HE TYPES OF CHARITABLE GAMING ACTIVITIES TO BE |
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319 | | - | CONDUCTED |
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320 | | - | , THE EXISTING RULES AND POTENTIAL NEW RULES FOR THOSE |
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321 | | - | ACTIVITIES |
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322 | | - | , AND THE NUMBER OF OCCASIONS PER YEAR UPON WHICH A |
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323 | | - | LICENSEE MAY HOLD |
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324 | | - | , OPERATE, OR CONDUCT A GAME OF BINGO OR LOTTO ; |
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325 | | - | PAGE 8-HOUSE BILL 24-1326 (b) THE TYPES OF CHARITABLE GAMING ACTIVITIES TO BE |
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326 | | - | CONDUCTED IN THE FUTURE BASED UPON A CONTINUING REVIEW OF THE |
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327 | | - | AVAILABLE STATE |
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328 | | - | -OF-THE-ART EQUIPMENT IN COLORADO AND OTHER |
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329 | | - | STATES AND THE POLICIES AND PROCEDURES APPROVED AND IMPLEMENTED |
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330 | | - | BY OTHER STATES FOR THE CONDUCT OF CHARITABLE GAMING ACTIVITIES |
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331 | | - | , |
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332 | | - | PROVIDED THAT NO NEW TYPE OF CHARITABLE GAMING ACTIVITY IS |
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333 | | - | RECOMMENDED BY THE BOARD FOR APPROVAL FOR LICENSING OR PLAY |
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334 | | - | , OR |
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335 | | - | APPROVED BY THE LICENSING AUTHORITY FOR LICENSING OR PLAY |
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336 | | - | , THAT |
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337 | | - | DOES NOT COMPORT WITH THE LIMITATIONS OF SECTION |
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338 | | - | 2 (3) OF ARTICLE |
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339 | | - | XVIII OF THE STATE CONSTITUTION CONCERNING THE CONDUCT ONLY OF |
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340 | | - | THE SPECIFIC GAME OF CHANCE COMMONLY KNOWN AS BINGO OR LOTTO OR |
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341 | | - | THE SPECIFIC GAME OF CHANCE COMMONLY KNOWN AS RAFFLES |
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342 | | - | ; AND |
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343 | | - | (c) AN ANNUAL REVIEW OF AT LEAST TEN PERCENT OF ALL |
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344 | | - | CHARITABLE GAMING RULES AND A COMP LETE REVIEW OF ALL CHARITABLE |
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345 | | - | GAMING RULES EVERY FIVE YEARS |
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346 | | - | . |
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347 | | - | (3) T |
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348 | | - | HE BOARD SHALL OFFER ADVICE TO THE LICENSING AUTHORITY |
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349 | | - | UPON SUBJECTS INCLUDING BUT NOT LIMITED TO |
---|
350 | | - | : |
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351 | | - | (a) T |
---|
352 | | - | HE REQUIREMENTS, QUALIFICATIONS, AND GROUNDS FOR THE |
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353 | | - | ISSUANCE OF ALL TYPES OF PERMANENT AND TEMPORARY LICENSES |
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354 | | - | REQUIRED FOR THE CONDUCT OF CHARITABLE GAMING |
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355 | | - | ; |
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356 | | - | (b) T |
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357 | | - | HE REQUIREMENTS, QUALIFICATIONS, AND GROUNDS FOR THE |
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358 | | - | REVOCATION |
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359 | | - | , SUSPENSION, AND SUMMARY SUSPENSION OF ALL LICENSES |
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360 | | - | REQUIRED FOR THE CONDUCT OF CHARITABLE GAMING |
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361 | | - | ; |
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362 | | - | (c) A |
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363 | | - | CTIVITIES THAT CONSTITUTE FRAUD , CHEATING, OR ILLEGAL |
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364 | | - | ACTIVITIES |
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365 | | - | ; |
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366 | | - | (d) T |
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367 | | - | HE GRANTING OF LICENSES WITH SPECIAL CONDITIONS OR FOR |
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368 | | - | LIMITED PERIODS |
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369 | | - | , OR BOTH; |
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370 | | - | (e) T |
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371 | | - | HE ESTABLISHMENT OF A SCHEDULE OF REASONABLE FINES TO |
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372 | | - | BE ASSESSED FOR VIOLATIONS OF THIS PART |
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373 | | - | 6 OR ANY RULE ADOPTED |
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374 | | - | PURSUANT TO THIS PART |
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375 | | - | 6; |
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376 | | - | (f) T |
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377 | | - | HE AMOUNT OF FEES FOR LICENSES ISSUED BY THE LICENSING |
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378 | | - | AUTHORITY AND FOR THE PERFORMANCE OF ADMINISTRATIVE SERVICES |
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379 | | - | PAGE 9-HOUSE BILL 24-1326 PURSUANT TO THIS PART 6; |
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380 | | - | (g) T |
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381 | | - | HE ESTABLISHMENT OF CRITERIA UNDER WHICH A PERSON MAY |
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382 | | - | SERVE AS A GAMES MANAGER |
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383 | | - | ; |
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384 | | - | (h) T |
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385 | | - | HE CONTENT AND CONDUCT OF CLASSES OR TRAINING SEMINARS |
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386 | | - | TO BENEFIT BINGO |
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387 | | - | -RAFFLE CHARITABLE LICENSEES , OFFICERS, AND |
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388 | | - | VOLUNTEERS TO BETTER ACCOUNT FOR FUNDS COLLECTED FROM GAMES OF |
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389 | | - | CHANCE |
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390 | | - | ; |
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391 | | - | (i) S |
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392 | | - | TANDARDIZED RULES, PROCEDURES, AND POLICIES TO CLARIFY |
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393 | | - | AND SIMPLIFY THE AUDITING OF LICENSEES |
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394 | | - | ' RECORDS; AND |
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395 | | - | (j) THE CONDITIONS FOR A LICENSEE'S PLAN FOR DISPOSAL OF ANY |
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396 | | - | EQUIPMENT AND THE DISTRIBUTION OF ANY REMAINING NET PROCEEDS UPON |
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397 | | - | TERMINATION OF A BINGO |
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398 | | - | -RAFFLE LICENSE FOR THE LICENSEE'S FAILURE TO |
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399 | | - | TIMELY OR SUFFICIENTLY RENEW SUCH LICENSE |
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400 | | - | . |
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401 | | - | SECTION 11. In Colorado Revised Statutes, amend 24-21-632 as |
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402 | | - | follows: |
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403 | | - | 24-21-632. Repeal of part - review of functions. This part 6 is |
---|
404 | | - | repealed, effective September 1, 2024 |
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405 | | - | SEPTEMBER 1, 2031. Before the |
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406 | | - | repeal, the licensing functions of the licensing authority and the functions |
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407 | | - | of the Colorado bingo-raffle advisory |
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408 | | - | CHARITABLE GAMING board in the |
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409 | | - | department of state are scheduled for review in accordance with section |
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410 | | - | 24-34-104. |
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411 | | - | SECTION 12. In Colorado Revised Statutes, 24-34-104, repeal |
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412 | | - | (25)(a)(XV) and (25)(a)(XVI); and add (32)(a)(XV) as follows: |
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413 | | - | 24-34-104. General assembly review of regulatory agencies and |
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414 | | - | functions for repeal, continuation, or reestablishment - legislative |
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415 | | - | declaration - repeal. (25) (a) The following agencies, functions, or both, |
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416 | | - | are scheduled for repeal on September 1, 2024: |
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417 | | - | (XV) The licensing of bingo and other games of chance through the |
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418 | | - | secretary of state in accordance with part 6 of article 21 of this title 24; |
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419 | | - | (XVI) The Colorado bingo-raffle advisory board created in section |
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420 | | - | PAGE 10-HOUSE BILL 24-1326 24-21-630; |
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421 | | - | (32) (a) The following agencies, functions, or both, are scheduled |
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422 | | - | for repeal on September 1, 2031: |
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423 | | - | (XV) T |
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424 | | - | HE LICENSING OF BINGO AND OTHER GAMES OF CHANCE |
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425 | | - | THROUGH THE SECRETARY OF STATE AND THE FUNCTIONS OF THE |
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426 | | - | COLORADO |
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427 | | - | CHARITABLE GAMING BOARD AS SPECIFIED IN |
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428 | | - | PART 6 OF ARTICLE 21 OF THIS |
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429 | | - | TITLE |
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430 | | - | 24. |
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431 | | - | SECTION 13. Appropriation. (1) For the 2024-25 state fiscal |
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432 | | - | year, $226,445 is appropriated to the department of state. This appropriation |
---|
433 | | - | is from the department of state cash fund created in section 24-21-104 |
---|
434 | | - | (3)(b), C.R.S. To implement this act, the department may use this |
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435 | | - | appropriation as follows: |
---|
436 | | - | (a) $173,185 for use by the business and licensing division for |
---|
437 | | - | personal services, which amount is based on an assumption that the division |
---|
438 | | - | will require an additional 3.0 FTE; |
---|
439 | | - | (b) $44,240 for use by the business and licensing division for |
---|
440 | | - | operating expenses; and |
---|
441 | | - | (c) $9,020 for use by the information technology division for |
---|
442 | | - | operating expenses. |
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443 | | - | SECTION 14. Safety clause. The general assembly finds, |
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444 | | - | determines, and declares that this act is necessary for the immediate |
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445 | | - | PAGE 11-HOUSE BILL 24-1326 preservation of the public peace, health, or safety or for appropriations for |
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446 | | - | the support and maintenance of the departments of the state and state |
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447 | | - | institutions. |
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448 | | - | ____________________________ ____________________________ |
---|
449 | | - | Julie McCluskie Steve Fenberg |
---|
450 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
451 | | - | OF REPRESENTATIVES THE SENATE |
---|
452 | | - | ____________________________ ____________________________ |
---|
453 | | - | Robin Jones Cindi L. Markwell |
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454 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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455 | | - | OF REPRESENTATIVES THE SENATE |
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456 | | - | APPROVED________________________________________ |
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457 | | - | (Date and Time) |
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458 | | - | _________________________________________ |
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459 | | - | Jared S. Polis |
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460 | | - | GOVERNOR OF THE STATE OF COLORADO |
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461 | | - | PAGE 12-HOUSE BILL 24-1326 |
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| 15 | + | ONCERNING CONTINUATION UNDE R THE SUNSET LAW OF THE101 |
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| 16 | + | LICENSING OF CERTAIN GAME S OF CHANCE INCLUDING |
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| 17 | + | 102 |
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| 18 | + | BINGO, AND, IN CONNECTION THEREWITH, MAKING AN103 |
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| 19 | + | APPROPRIATION.104 |
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| 20 | + | Bill Summary |
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| 21 | + | (Note: This summary applies to this bill as introduced and does |
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| 22 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 23 | + | passes third reading in the house of introduction, a bill summary that |
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| 24 | + | applies to the reengrossed version of this bill will be available at |
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| 25 | + | http://leg.colorado.gov/ |
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| 26 | + | .) |
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| 27 | + | Sunset Process - House State, Civic, Military, and Veterans |
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| 28 | + | Affairs Committee. The bill implements the recommendations of the |
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| 29 | + | sunset review and report on the licensing of bingo and other games of |
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| 30 | + | SENATE |
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| 31 | + | 3rd Reading Unamended |
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| 32 | + | May 3, 2024 |
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| 33 | + | SENATE |
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| 34 | + | Amended 2nd Reading |
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| 35 | + | May 2, 2024 |
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| 36 | + | HOUSE |
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| 37 | + | 3rd Reading Unamended |
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| 38 | + | April 25, 2024 |
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| 39 | + | HOUSE |
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| 40 | + | Amended 2nd Reading |
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| 41 | + | April 24, 2024 |
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| 42 | + | HOUSE SPONSORSHIP |
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| 43 | + | Ricks and Brown, Epps, Bacon, Catlin, Duran, Lindsay, Ortiz |
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| 44 | + | SENATE SPONSORSHIP |
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| 45 | + | Smallwood and Zenzinger, Priola |
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| 46 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 47 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 48 | + | Dashes through the words or numbers indicate deletions from existing law. chance by: |
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| 49 | + | ! Retaining the secretary of state's constitutional authority |
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| 50 | + | over the issuance of bingo-raffle licenses to qualified |
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| 51 | + | charitable organizations, while transferring all remaining |
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| 52 | + | licensing authority and all enforcement authority under the |
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| 53 | + | "Bingo and Raffles Law" to the executive director of the |
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| 54 | + | department of revenue (executive director), effective |
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| 55 | + | January 1, 2025 (sections 2, 5, 7 through 17, 20 through |
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| 56 | + | 30, 34, 36, and 37); authorizing the executive director to |
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| 57 | + | promulgate rules and assess fees in connection with the |
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| 58 | + | executive director's duties (sections 5, 7 through 17, and |
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| 59 | + | 20 through 30); requiring the executive director to uphold |
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| 60 | + | the secretary of state's decision to issue a bingo-raffle |
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| 61 | + | license; requiring the secretary of state to uphold the |
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| 62 | + | executive director's licensing and enforcement decisions |
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| 63 | + | (section 5); and requiring the secretary of state and the |
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| 64 | + | executive director to enter into memoranda of |
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| 65 | + | understanding regarding their shared duties under the |
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| 66 | + | "Bingo and Raffles Law" (section 5); |
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| 67 | + | ! Terminating the Colorado bingo-raffle advisory board |
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| 68 | + | pursuant to the sunset law (sections 1, 4, 6, 18, 31 through |
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| 69 | + | 33, and 35); |
---|
| 70 | + | ! Modernizing the secretary of state's fining authority by |
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| 71 | + | increasing the maximum fine to $250 per violation and |
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| 72 | + | eliminating the provision for a fine in lieu of suspension or |
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| 73 | + | revocation, for the period of time between the effective |
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| 74 | + | date of the bill and the transfer of all enforcement authority |
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| 75 | + | to the executive director, effective January 1, 2025 (section |
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| 76 | + | 4); |
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| 77 | + | ! Continuing the regulation of charitable gaming under the |
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| 78 | + | "Bingo and Raffles Law" for 5 years, until 2029 (sections |
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| 79 | + | 33 through 36); and |
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| 80 | + | ! Making technical changes to the law (sections 2, 3, 8, 10, |
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| 81 | + | 12 through 16, 19, and 28). |
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| 82 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 83 | + | SECTION 1. In Colorado Revised Statutes, 24-21-602, amend2 |
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| 84 | + | (1)(a) and (6); repeal (5.5); and add (40.5) as follows:3 |
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| 85 | + | 24-21-602. Definitions. As used in this part 6, unless the context4 |
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| 86 | + | otherwise requires:5 |
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| 87 | + | 1326-2- (1) "Bingo" means:1 |
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| 88 | + | (a) A STRIP bingo strip card game; or2 |
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| 89 | + | (5.5) "Bingo strip card game" means a type of bingo that is played3 |
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| 90 | + | with a strip of up to five connected paper bingo cards, with each card4 |
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| 91 | + | containing a concealed grid of preprinted numbers ranging from one to5 |
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| 92 | + | seventy-five. The winner is the first player to match the numbers drawn6 |
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| 93 | + | on one or more bingo balls to the prearranged pattern of numbers on a7 |
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| 94 | + | card. The maximum prize for an individual card may not exceed one8 |
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| 95 | + | thousand dollars.9 |
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| 96 | + | (6) "Board" means the Colorado bingo-raffle advisory10 |
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| 97 | + | CHARITABLE GAMING board created in section 24-21-630.11 |
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| 98 | + | (40.5) "STRIP BINGO GAME" MEANS A TYPE OF BINGO THAT IS12 |
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| 99 | + | PLAYED WITH A PAPER STRIP CARD OF UP TO FIVE CONNECTED PAPER13 |
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| 100 | + | BINGO FACES, WITH EACH BINGO FACE CONTAINING A CONCEALED14 |
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| 101 | + | GROUPING OF PREPRINTED SYMBOLS, FREE SPACES, AND NUMBERS15 |
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| 102 | + | RANGING FROM ONE TO SEVENTY -FIVE.16 |
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| 103 | + | SECTION 2. In Colorado Revised Statutes, 24-21-604, repeal (4)17 |
---|
| 104 | + | as follows:18 |
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| 105 | + | 24-21-604. Legislative declaration - consideration for tickets19 |
---|
| 106 | + | - conditions - rules. (4) A bingo-raffle licensee may, directly or through20 |
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| 107 | + | a third party, presell tickets to a charitable gaming event.21 |
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| 108 | + | SECTION 3. In Colorado Revised Statutes, 24-21-605, amend22 |
---|
| 109 | + | (1)(a)(II) and (1)(b) as follows:23 |
---|
| 110 | + | 24-21-605. Licensing and enforcement authority - powers -24 |
---|
| 111 | + | rules - duties - license suspension or revocation proceedings -25 |
---|
| 112 | + | definitions. (1) The secretary of state is hereby designated as the26 |
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| 113 | + | "licensing authority" of this part 6. As licensing authority, the secretary27 |
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| 114 | + | 1326 |
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| 115 | + | -3- of state's powers and duties are as follows:1 |
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| 116 | + | (a) (II) In lieu of seeking a suspension or revocation of any license2 |
---|
| 117 | + | issued by the licensing authority, The licensing authority may impose a3 |
---|
| 118 | + | reasonable fine for any violation of this part 6 or any rule adopted4 |
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| 119 | + | pursuant to this part 6, not to exceed one hundred TWO HUNDRED FIFTY5 |
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| 120 | + | dollars per citation. The imposition of any such fine may be appealed to6 |
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| 121 | + | an administrative law judge. 7 |
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| 122 | + | (b) To supervise the administration and enforcement of this part8 |
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| 123 | + | 6 and in consultation with the board to adopt, amend, and repeal rules9 |
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| 124 | + | governing the holding, operating, and conducting of games of chance, the10 |
---|
| 125 | + | purchase of equipment, the establishment of a schedule of reasonable11 |
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| 126 | + | fines, not to exceed one hundred TWO HUNDRED FIFTY dollars per citation,12 |
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| 127 | + | for violation by licensees of this part 6 or of rules adopted pursuant to this13 |
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| 128 | + | part 6, to the end that games of chance shall be held, operated, and14 |
---|
| 129 | + | conducted only by licensees for the purposes and in conformity with the15 |
---|
| 130 | + | state constitution and the provisions of this part 6;16 |
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| 131 | + | SECTION 4. In Colorado Revised Statutes, 24-21-609, amend17 |
---|
| 132 | + | (2)(b) as follows:18 |
---|
| 133 | + | 24-21-609. Application for bingo-raffle license. (2) (b) Each19 |
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| 134 | + | designated games manager must have been an active member of the20 |
---|
| 135 | + | applicant for at least the six months immediately preceding his or her THE21 |
---|
| 136 | + | MEMBER'S designation AS A GAMES MANAGER and shall be certified by the22 |
---|
| 137 | + | licensing authority pursuant to section 24-21-610 before assuming games23 |
---|
| 138 | + | management duties.24 |
---|
| 139 | + | SECTION 5. In Colorado Revised Statutes, 24-21-614, amend25 |
---|
| 140 | + | (1)(c) as follows:26 |
---|
| 141 | + | 24-21-614. Application for manufacturer's agent license or27 |
---|
| 142 | + | 1326 |
---|
| 143 | + | -4- supplier's agent license. (1) Each application for a manufacturer's agent1 |
---|
| 144 | + | license or supplier's agent license must include, but not be limited to, the2 |
---|
| 145 | + | following information:3 |
---|
| 146 | + | (c) A statement by the applicant that he or she THE APPLICANT has4 |
---|
| 147 | + | read, understands, and will comply with this part 6 as to manufacturer's5 |
---|
| 148 | + | and supplier's agents and the conditions of the agent's license;6 |
---|
| 149 | + | SECTION 6. In Colorado Revised Statutes, 24-21-617, amend7 |
---|
| 150 | + | (1); and add (16) as follows:8 |
---|
| 151 | + | 24-21-617. General conduct games of chance - premises -9 |
---|
| 152 | + | equipment - expenses - rules. (1) A licensee shall not hold, operate, or10 |
---|
| 153 | + | conduct a game of bingo or lotto more often than as specified by the11 |
---|
| 154 | + | licensing authority by rule. after consultation with the board12 |
---|
| 155 | + | (16) A BINGO-RAFFLE LICENSEE MAY, DIRECTLY OR THROUGH A13 |
---|
| 156 | + | THIRD PARTY, PRESELL TICKETS TO A CHARITABLE GAMING EVENT .14 |
---|
| 157 | + | SECTION 7. In Colorado Revised Statutes, 24-21-618, amend15 |
---|
| 158 | + | (3)(d); and add (11) as follows:16 |
---|
| 159 | + | 24-21-618. Conduct of bingo games. (3) (d) An operator shall17 |
---|
| 160 | + | not reserve or allow to be reserved any bingo cards for use by players18 |
---|
| 161 | + | except braille cards or other cards for use by legally blind players. A19 |
---|
| 162 | + | person who is legally blind may use his or her personal braille cards when20 |
---|
| 163 | + | a licensed organization does not provide such cards. A licensed21 |
---|
| 164 | + | organization may inspect and reject any personal braille card. A person22 |
---|
| 165 | + | who is legally blind or an individual with a disability may use a braille23 |
---|
| 166 | + | card or hard card in place of a purchased disposable paper bingo card.24 |
---|
| 167 | + | (11) IN THE CONDUCT OF ANY STRIP BINGO GAME OR ANY25 |
---|
| 168 | + | OCCASION THAT INCLUDES A STRIP BINGO GAME :26 |
---|
| 169 | + | (a) A BINGO-RAFFLE LICENSEE MAY USE ANY STYLE OF STRIP BINGO27 |
---|
| 170 | + | 1326 |
---|
| 171 | + | -5- GAME AUTHORIZED BY THIS PART 6 OR BY THE RULES ADOPTED PURSUANT1 |
---|
| 172 | + | TO THIS PART 6;2 |
---|
| 173 | + | (b) THE MAXIMUM PRIZE FOR A STRIP BINGO GAME MUST NOT3 |
---|
| 174 | + | EXCEED ONE THOUSAND DOLLARS ;4 |
---|
| 175 | + | (c) BOTH STRIP BINGO GAMES AND TRADITIONAL BINGO GAMES5 |
---|
| 176 | + | MAY BE PLAYED DURING THE SAME OCCASION ; AND6 |
---|
| 177 | + | (d) THE TOTAL AMOUNT OF PRIZES AWARDED FOR ALL BINGO7 |
---|
| 178 | + | GAMES AT A SINGLE OCCASION MUST NOT EXCEED FIFTEEN THOUSAND8 |
---|
| 179 | + | DOLLARS.9 |
---|
| 180 | + | SECTION 8. In Colorado Revised Statutes, 24-21-622, amend10 |
---|
| 181 | + | (3)(a) as follows:11 |
---|
| 182 | + | 24-21-622. Bingo-raffle licensee's statement of receipts -12 |
---|
| 183 | + | expenses - fee - definitions. (3) (a) All money collected or received from13 |
---|
| 184 | + | the sale of admission, extra regular cards, bingo strip cards, special game14 |
---|
| 185 | + | cards, sale of supplies, and all other receipts from the games of15 |
---|
| 186 | + | TRADITIONAL AND STRIP bingo GAMES, raffles, and pull tab games shall16 |
---|
| 187 | + | be deposited in a special checking or savings account, or both, of the17 |
---|
| 188 | + | licensee, which must contain only this money. If the licensee conducts18 |
---|
| 189 | + | progressive games of chance, the licensee may maintain one additional19 |
---|
| 190 | + | checking or savings account, which must contain only money received20 |
---|
| 191 | + | from the sale of progressive games. The licensee may withdraw money21 |
---|
| 192 | + | from these accounts only by consecutively numbered checks or22 |
---|
| 193 | + | withdrawal slips or by electronic transactions referenced by transaction23 |
---|
| 194 | + | number or date. A check or withdrawal slip must not be drawn to "cash"24 |
---|
| 195 | + | or a fictitious payee. The licensee shall maintain all of its books and25 |
---|
| 196 | + | records in accordance with generally accepted accounting principles.26 |
---|
| 197 | + | SECTION 9. In Colorado Revised Statutes, 24-21-630, amend27 |
---|
| 198 | + | 1326 |
---|
| 199 | + | -6- (1), (2), (2)(a)(I), (2)(a)(V), (2)(a)(VI), (2)(b), (2)(d), (2)(e), (2)(f), (2)(g),1 |
---|
| 200 | + | (2)(h), and (2)(i); repeal (2)(a)(II) and (2)(a)(III); and add (2)(a)(VII),2 |
---|
| 201 | + | (2)(l), (2)(m), and (2)(n) as follows:3 |
---|
| 202 | + | 24-21-630. Colorado charitable gaming board - creation.4 |
---|
| 203 | + | (1) There is hereby created, within the department of state, the Colorado5 |
---|
| 204 | + | bingo-raffle advisory CHARITABLE GAMING board.6 |
---|
| 205 | + | (2) The board consists of nine SEVEN members, all of whom must7 |
---|
| 206 | + | be citizens of the United States who have been residents of the state for8 |
---|
| 207 | + | at least the past five TWO years. A member must not have been convicted9 |
---|
| 208 | + | of a felony or gambling-related offense, notwithstanding section10 |
---|
| 209 | + | 24-5-101. No more than five THREE of the nine SEVEN members may be11 |
---|
| 210 | + | members of the same political party; EXCEPT THAT THE POLITICAL PARTY12 |
---|
| 211 | + | AFFILIATION OF THE SECRETARY OF STATE'S DESIGNEE SHALL NOT BE13 |
---|
| 212 | + | CONSIDERED FOR PURPOSES OF DETERMINING COMPLIANCE WITH THIS14 |
---|
| 213 | + | REQUIREMENT. THE SECRETARY OF STATE'S DESIGNEE SHALL CONVENE15 |
---|
| 214 | + | THE BOARD'S FIRST MEETING AS SOON AS PRACTICABLE BUT NOT LATER16 |
---|
| 215 | + | THAN SIXTY DAYS AFTER A MAJORITY OF THE SEVEN BOARD MEMBERS ARE17 |
---|
| 216 | + | APPOINTED IN ACCORDANCE WITH THIS SECTION. At the first meeting of18 |
---|
| 217 | + | each fiscal year, a majority of the members must choose a chair and19 |
---|
| 218 | + | vice-chair of the board from the membership. Membership and operation20 |
---|
| 219 | + | of the board must additionally meet the following requirements:21 |
---|
| 220 | + | (a) (I) Three members of the board must be bona fide members of22 |
---|
| 221 | + | a bingo-raffle licensee that is classified as a religious organization, a23 |
---|
| 222 | + | charitable organization, a labor organization, an educational organization,24 |
---|
| 223 | + | A VETERANS' ORGANIZATION, A FRATERNAL ORGANIZATION, or a voluntary25 |
---|
| 224 | + | firefighter's organization; except that no more than one member shall be26 |
---|
| 225 | + | appointed from any one such classification;27 |
---|
| 226 | + | 1326 |
---|
| 227 | + | -7- (II) One member of the board must be a bona fide member of a1 |
---|
| 228 | + | bingo-raffle licensee that is a veterans' organization;2 |
---|
| 229 | + | (III) One member of the board must be a bona fide member of a3 |
---|
| 230 | + | bingo-raffle licensee that is a fraternal organization;4 |
---|
| 231 | + | (V) Two members ONE MEMBER of the board must be A landlord5 |
---|
| 232 | + | licensees LICENSEE; and6 |
---|
| 233 | + | (VI) One member of the board must be a registered elector of the7 |
---|
| 234 | + | state who is not employed by or an officer or director of a licensee, does8 |
---|
| 235 | + | not have a financial interest in any license, and does not have an active9 |
---|
| 236 | + | part in the conduct or management of games of chance by any10 |
---|
| 237 | + | bingo-raffle licensee; AND11 |
---|
| 238 | + | (VII) ONE MEMBER OF THE BOARD MUST BE THE SECRETARY OF12 |
---|
| 239 | + | STATE'S DESIGNEE.13 |
---|
| 240 | + | (b) (I) Of the five THE GOVERNOR SHALL APPOINT THE THREE14 |
---|
| 241 | + | members of the board who are categorized as bona fide members of a15 |
---|
| 242 | + | bingo-raffle licensee. two shall be appointed by the president of the16 |
---|
| 243 | + | senate, two shall be appointed by the speaker of the house of17 |
---|
| 244 | + | representatives, and one shall be appointed jointly by the president and18 |
---|
| 245 | + | the speaker.19 |
---|
| 246 | + | (II) Of the two members THE GOVERNOR SHALL APPOINT THE20 |
---|
| 247 | + | MEMBER of the board who are categorized as landlord licensees, one shall21 |
---|
| 248 | + | be appointed by the president of the senate and one shall be appointed by22 |
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| 249 | + | the speaker of the house of representatives IS A SUPPLIER LICENSEE AND23 |
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| 250 | + | THE MEMBER OF THE BOARD WHO IS A LANDLORD LICENSEE .24 |
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| 251 | + | (III) The president of the senate shall appoint the member of the25 |
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| 252 | + | board who is a supplier licensee. The speaker of the house THE26 |
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| 253 | + | SECRETARY OF STATE shall appoint the member of the board who is a27 |
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| 254 | + | 1326 |
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| 255 | + | -8- registered elector AND THE MEMBER OF THE BOARD WHO IS THE1 |
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| 256 | + | SECRETARY OF STATE'S DESIGNEE.2 |
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| 257 | + | (d) Any vacancy on the board shall MUST be filled for the3 |
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| 258 | + | unexpired term in the same manner as the original appointment; EXCEPT4 |
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| 259 | + | THAT, IN THE EVENT OF AN EXTENDED VACANCY OF MORE THAN THREE5 |
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| 260 | + | MEETINGS OR THE FAILURE OF THE GOVERNOR TO APPOINT A NEW MEMBER6 |
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| 261 | + | WITHIN THREE MONTHS OF THE VACANCY, THE SECRETARY OF STATE MAY7 |
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| 262 | + | APPOINT A REPLACEMENT MEMBER. The member appointed to fill such8 |
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| 263 | + | vacancy shall be from the same category described in subsection (2)(a) of9 |
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| 264 | + | this section as the member vacating the position.10 |
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| 265 | + | (e) A member of the board having a direct personal or private11 |
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| 266 | + | interest in any matter before the board shall MUST disclose such fact on12 |
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| 267 | + | the board's record. A member MEMBERS may disqualify himself or herself13 |
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| 268 | + | THEMSELVES for any cause deemed by him or her THEM to be sufficient. 14 |
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| 269 | + | (f) The appointing officer shall terminate the term of any member15 |
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| 270 | + | of the board who misses more than two consecutive regular board16 |
---|
| 271 | + | meetings without good cause, or who no longer meets the requirements17 |
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| 272 | + | for membership imposed by this section. The member's successor shall18 |
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| 273 | + | MUST be appointed in the manner provided for appointments under this19 |
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| 274 | + | section.20 |
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| 275 | + | (g) Board members are entitled to receive as compensation for21 |
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| 276 | + | their services fifty SEVENTY-FIVE dollars for each day spent in the conduct22 |
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| 277 | + | of board business, not to exceed five hundred dollars per member per23 |
---|
| 278 | + | year, and are entitled to be reimbursed for necessary travel and other24 |
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| 279 | + | reasonable expenses incurred in the performance of their official duties.25 |
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| 280 | + | (h) Prior to commencing his or her A term of service, each person26 |
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| 281 | + | nominated to serve on the board, OTHER THAN THE SECRETARY OF STATE'S27 |
---|
| 282 | + | 1326 |
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| 283 | + | -9- DESIGNEE, shall MUST file with the secretary of state a financial disclosure1 |
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| 284 | + | statement in the form required and prescribed by the licensing authority2 |
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| 285 | + | and as commonly used for other Colorado boards and commissions. Such3 |
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| 286 | + | statement shall MUST be renewed as of each January 1 during the4 |
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| 287 | + | member's term of office.5 |
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| 288 | + | (i) The board shall hold at least two SIX meetings each year and6 |
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| 289 | + | such additional meetings as the members may deem necessary. In7 |
---|
| 290 | + | addition, special meetings may be called by the chair, any three board8 |
---|
| 291 | + | members, or the licensing authority if written notification of the meeting9 |
---|
| 292 | + | is delivered to each member at least seventy-two hours before the10 |
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| 293 | + | meeting. Notwithstanding section 24-6-402, in emergency situations in11 |
---|
| 294 | + | which a majority of the board certifies that exigencies of time require that12 |
---|
| 295 | + | the board meet without delay, the requirements of public notice and of13 |
---|
| 296 | + | seventy-two hours' actual advance written notice to members may be14 |
---|
| 297 | + | dispensed with, and board members as well as the public shall MUST15 |
---|
| 298 | + | receive such notice as is reasonable under the circumstances.16 |
---|
| 299 | + | (l) A MAJORITY OF THE BOARD CONSTITUTES A QUORUM, BUT THE17 |
---|
| 300 | + | CONCURRENCE OF A MAJORITY OF ALL MEMBERS IS REQUIRED FOR ANY18 |
---|
| 301 | + | FINAL ACTION OR DETERMINATION BY THE BOARD .19 |
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| 302 | + | (m) THE MEMBERS OF THE BOARD MAY INVITE ADDITIONAL20 |
---|
| 303 | + | INDIVIDUALS AND REPRESENTATIVES OF ENTITIES TO ATTEND WORKING21 |
---|
| 304 | + | GROUP MEETINGS AND PARTICIPATE IN SUCH MEETINGS AS NONVOTING22 |
---|
| 305 | + | MEMBERS OF THE BOARD.23 |
---|
| 306 | + | (n) THE SECRETARY OF STATE MAY EMPLOY STAFF TO ASSIST THE24 |
---|
| 307 | + | BOARD IN CARRYING OUT ITS DUTIES AND TO ENSURE THAT THE BOARD25 |
---|
| 308 | + | MAINTAINS ITS REGULAR MEETING SCHEDULE SET FORTH IN SUBSECTION26 |
---|
| 309 | + | (2)(i) OF THIS SECTION.27 |
---|
| 310 | + | 1326 |
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| 311 | + | -10- SECTION 10. In Colorado Revised Statutes, repeal and reenact,1 |
---|
| 312 | + | with amendments, 24-21-631 as follows:2 |
---|
| 313 | + | 24-21-631. Board - duties. (1) IN ADDITION TO ANY OTHER3 |
---|
| 314 | + | DUTIES SET FORTH IN THIS PART 6, THE BOARD SHALL:4 |
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| 315 | + | (a) CONDUCT A CONTINUOUS STUDY OF CHARITABLE GAMING5 |
---|
| 316 | + | THROUGHOUT THE STATE FOR THE PURPOSE OF IMPROVING CHARITABLE6 |
---|
| 317 | + | GAMING AND ASCERTAINING ANY DEFECTS IN THIS PART 6 OR IN THE RULES7 |
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| 318 | + | PROMULGATED PURSUANT TO THIS PART 6; AND8 |
---|
| 319 | + | (b) COMMENCING ON AND AFTER JANUARY 1, 2025, AT THE9 |
---|
| 320 | + | DISCRETION OF THE BOARD, SUBMIT A REPORT TO THE GENERAL ASSEMBLY10 |
---|
| 321 | + | CONTAINING RECOMMENDATIONS FOR CHANGES TO THIS PART 6, WHICH11 |
---|
| 322 | + | REPORT SHALL BE SUBMITTED ON OR BEFORE OCTOBER 31, 2025, AND ON12 |
---|
| 323 | + | OR BEFORE OCTOBER 31 OF EACH YEAR THEREAFTER.13 |
---|
| 324 | + | (2) THE LICENSING AUTHORITY IS ENCOURAGED TO COLLABORATE14 |
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| 325 | + | WITH THE BOARD ON PROPOSALS DEVELOPED BY THE BOARD CONCERNING15 |
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| 326 | + | SUBJECTS INCLUDING BUT NOT LIMITED TO :16 |
---|
| 327 | + | (a) THE TYPES OF CHARITABLE GAMING ACTIVITIES TO BE17 |
---|
| 328 | + | CONDUCTED, THE EXISTING RULES AND POTENTIAL NEW RULES FOR THOSE18 |
---|
| 329 | + | ACTIVITIES, AND THE NUMBER OF OCCASIONS PER YEAR UPON WHICH A19 |
---|
| 330 | + | LICENSEE MAY HOLD, OPERATE, OR CONDUCT A GAME OF BINGO OR LOTTO;20 |
---|
| 331 | + | (b) THE TYPES OF CHARITABLE GAMING ACTIVITIES TO BE21 |
---|
| 332 | + | CONDUCTED IN THE FUTURE BASED UPON A CONTINUING REVIEW OF THE22 |
---|
| 333 | + | AVAILABLE STATE-OF-THE-ART EQUIPMENT IN COLORADO AND OTHER23 |
---|
| 334 | + | STATES AND THE POLICIES AND PROCEDURES APPROVED AND24 |
---|
| 335 | + | IMPLEMENTED BY OTHER STATES FOR THE CONDUCT OF CHARITABLE25 |
---|
| 336 | + | GAMING ACTIVITIES, PROVIDED THAT NO NEW TYPE OF CHARITABLE26 |
---|
| 337 | + | GAMING ACTIVITY IS RECOMMENDED BY THE BOARD FOR APPROVAL FOR27 |
---|
| 338 | + | 1326 |
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| 339 | + | -11- LICENSING OR PLAY, OR APPROVED BY THE LICENSING AUTHORITY FOR1 |
---|
| 340 | + | LICENSING OR PLAY, THAT DOES NOT COMPORT WITH THE LIMITATIONS OF2 |
---|
| 341 | + | SECTION 2 (3) OF ARTICLE XVIII OF THE STATE CONSTITUTION3 |
---|
| 342 | + | CONCERNING THE CONDUCT ONLY OF THE SPECIFIC GAME OF CHANCE4 |
---|
| 343 | + | COMMONLY KNOWN AS BI NGO OR LOTTO OR THE SPECIFIC GAME OF5 |
---|
| 344 | + | CHANCE COMMONLY KNOWN AS RAFFLES ; AND6 |
---|
| 345 | + | (c) AN ANNUAL REVIEW OF AT LEAST TEN PERCENT OF ALL7 |
---|
| 346 | + | CHARITABLE GAMING RULES AND A COMPLETE REVIEW OF ALL8 |
---|
| 347 | + | CHARITABLE GAMING RULES EVERY FIVE YEARS .9 |
---|
| 348 | + | (3) THE BOARD SHALL OFFER ADVICE TO THE LICENSING10 |
---|
| 349 | + | AUTHORITY UPON SUBJECTS INCLUDING BUT NOT LIMITED TO :11 |
---|
| 350 | + | (a) THE REQUIREMENTS, QUALIFICATIONS, AND GROUNDS FOR THE12 |
---|
| 351 | + | ISSUANCE OF ALL TYPES OF PERMANENT AND TEMPORARY LICENSES13 |
---|
| 352 | + | REQUIRED FOR THE CONDUCT OF CHARITABLE GAMING ;14 |
---|
| 353 | + | (b) THE REQUIREMENTS, QUALIFICATIONS, AND GROUNDS FOR THE15 |
---|
| 354 | + | REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION OF ALL LICENSES16 |
---|
| 355 | + | REQUIRED FOR THE CONDUCT OF CHARITABLE GAMING ;17 |
---|
| 356 | + | (c) ACTIVITIES THAT CONSTITUTE FRAUD, CHEATING, OR ILLEGAL18 |
---|
| 357 | + | ACTIVITIES;19 |
---|
| 358 | + | (d) THE GRANTING OF LICENSES WITH SPECIAL CONDITIONS OR FOR20 |
---|
| 359 | + | LIMITED PERIODS, OR BOTH;21 |
---|
| 360 | + | (e) THE ESTABLISHMENT OF A SCHEDULE OF REASONABLE FINES TO22 |
---|
| 361 | + | BE ASSESSED FOR VIOLATIONS OF THIS PART 6 OR ANY RULE ADOPTED23 |
---|
| 362 | + | PURSUANT TO THIS PART 6;24 |
---|
| 363 | + | (f) THE AMOUNT OF FEES FOR LICENSES ISSUED BY THE LICENSING25 |
---|
| 364 | + | AUTHORITY AND FOR THE PERFORMANCE OF ADMINISTRATIVE SERVICES26 |
---|
| 365 | + | PURSUANT TO THIS PART 6;27 |
---|
| 366 | + | 1326 |
---|
| 367 | + | -12- (g) THE ESTABLISHMENT OF CRITERIA UNDER WHICH A PERSON1 |
---|
| 368 | + | MAY SERVE AS A GAMES MANAGER ;2 |
---|
| 369 | + | (h) THE CONTENT AND CONDUCT OF CLASSES OR TRAINING3 |
---|
| 370 | + | SEMINARS TO BENEFIT BINGO-RAFFLE CHARITABLE LICENSEES, OFFICERS,4 |
---|
| 371 | + | AND VOLUNTEERS TO BETTER ACCOUNT FOR FUNDS COLLECTED FROM5 |
---|
| 372 | + | GAMES OF CHANCE;6 |
---|
| 373 | + | (i) STANDARDIZED RULES, PROCEDURES, AND POLICIES TO CLARIFY7 |
---|
| 374 | + | AND SIMPLIFY THE AUDITING OF LICENSEES' RECORDS; AND8 |
---|
| 375 | + | (j) THE CONDITIONS FOR A LICENSEE'S PLAN FOR DISPOSAL OF ANY9 |
---|
| 376 | + | EQUIPMENT AND THE DISTRIBUTION OF ANY REMAINING NET PROCEEDS10 |
---|
| 377 | + | UPON TERMINATION OF A BINGO-RAFFLE LICENSE FOR THE LICENSEE'S11 |
---|
| 378 | + | FAILURE TO TIMELY OR SUFFICIENTLY RENEW SUCH LICENSE .12 |
---|
| 379 | + | SECTION 11. In Colorado Revised Statutes, amend 24-21-63213 |
---|
| 380 | + | as follows:14 |
---|
| 381 | + | 24-21-632. Repeal of part - review of functions. This part 6 is15 |
---|
| 382 | + | repealed, effective September 1, 2024 SEPTEMBER 1, 2031. Before the16 |
---|
| 383 | + | repeal, the licensing functions of the licensing authority and the functions17 |
---|
| 384 | + | of the Colorado bingo-raffle advisory CHARITABLE GAMING board in the18 |
---|
| 385 | + | department of state are scheduled for review in accordance with section19 |
---|
| 386 | + | 24-34-104.20 |
---|
| 387 | + | SECTION 12. In Colorado Revised Statutes, 24-34-104, repeal21 |
---|
| 388 | + | (25)(a)(XV) and (25)(a)(XVI); and add (32)(a)(XI) as follows:22 |
---|
| 389 | + | 24-34-104. General assembly review of regulatory agencies23 |
---|
| 390 | + | and functions for repeal, continuation, or reestablishment - legislative24 |
---|
| 391 | + | declaration - repeal. (25) (a) The following agencies, functions, or both,25 |
---|
| 392 | + | are scheduled for repeal on September 1, 2024:26 |
---|
| 393 | + | (XV) The licensing of bingo and other games of chance through27 |
---|
| 394 | + | 1326 |
---|
| 395 | + | -13- the secretary of state in accordance with part 6 of article 21 of this title1 |
---|
| 396 | + | 24;2 |
---|
| 397 | + | (XVI) The Colorado bingo-raffle advisory board created in3 |
---|
| 398 | + | section 24-21-630;4 |
---|
| 399 | + | (32) (a) The following agencies, functions, or both, are scheduled5 |
---|
| 400 | + | for repeal on September 1, 2031:6 |
---|
| 401 | + | (XI) THE LICENSING OF BINGO AND OTHER GAMES OF CHANCE7 |
---|
| 402 | + | THROUGH THE SECRETARY OF STATE AND THE FUNCTIONS OF THE8 |
---|
| 403 | + | COLORADO CHARITABLE GAMING BOARD AS SPECIFIED IN PART 6 OF9 |
---|
| 404 | + | ARTICLE 21 OF THIS TITLE 24.10 |
---|
| 405 | + | SECTION 13. Appropriation. (1) For the 2024-25 state fiscal11 |
---|
| 406 | + | year, $226,445 is appropriated to the department of state. This12 |
---|
| 407 | + | appropriation is from the department of state cash fund created in section13 |
---|
| 408 | + | 24-21-104 (3)(b), C.R.S. To implement this act, the department may use14 |
---|
| 409 | + | this appropriation as follows:15 |
---|
| 410 | + | (a) $173,185 for use by the business and licensing division for16 |
---|
| 411 | + | personal services, which amount is based on an assumption that the17 |
---|
| 412 | + | division will require an additional 3.0 FTE;18 |
---|
| 413 | + | (b) $44,240 for use by the business and licensing division for19 |
---|
| 414 | + | operating expenses; and20 |
---|
| 415 | + | (c) $9,020 for use by the information technology division for21 |
---|
| 416 | + | operating expenses.22 |
---|
| 417 | + | SECTION 14. Safety clause. The general assembly finds,23 |
---|
| 418 | + | determines, and declares that this act is necessary for the immediate24 |
---|
| 419 | + | preservation of the public peace, health, or safety or for appropriations for25 |
---|
| 420 | + | the support and maintenance of the departments of the state and state26 |
---|
| 421 | + | institutions.27 |
---|
| 422 | + | 1326 |
---|
| 423 | + | -14- |
---|