Professional Documents
Culture Documents
SENATE SPONSORSHIP
Donovan and Cooke, Priola
Bill Summary
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1 INDIVIDUAL STATE'S AUTHORITY TO LEGALIZE SPORTS BETTING, BUT THAT
6 BETTING;
12 STATE CONSTITUTION;
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1 CONFIDENCE AND TRUST THAT ACTIVITIES RELATED TO SPORTS BETTING
6 BETTING.
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1 follows:
2 44-30-201. Division of gaming - creation - repeal. (1) There is
3 hereby created, within the department, the division of gaming, the head
4 of which shall be IS the director of the division of gaming. The director
5 shall be IS appointed by, and shall be IS subject to removal by, the
6 executive director. The division of gaming, the Colorado limited gaming
7 control commission created in section 44-30-301, and the director of the
8 division of gaming shall exercise their respective powers and perform
9 their respective duties and functions as specified in this article 30 under
10 the department as if the same THEY were transferred to the department by
11 a type 2 transfer, as the transfer is defined in the "Administrative
12 Organization Act of 1968", article 1 of title 24; except that the
13 commission shall have HAS full and exclusive authority to promulgate
14 rules related to limited gaming AND SPORTS BETTING without any approval
15 by, or delegation of authority from, the department. NOTWITHSTANDING
16 ANY PROVISION OF THIS SUBSECTION (1) TO THE CONTRARY, SPORTS
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1 44-30-202. Functions of division - repeal. (1) The function
2 FUNCTIONS of the division is ARE to license, implement, regulate, and
3 supervise the conduct IN THIS STATE of:
4 (a) Limited gaming in this state as authorized by section 9 of
5 article XVIII of the state constitution; AND
6 (b) (I) SPORTS BETTING AS AUTHORIZED BY PART 15 OF THIS
7 ARTICLE 30.
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1 gaming OR SPORTS BETTING;
2 (h) Make a continuous study and investigation of the operation
3 and the administration of similar laws that may be in effect in other states
4 or countries; of any literature on gaming OR SPORTS BETTING that from
5 time to time may be published or available; and of any federal laws that
6 may affect the operation of the division, the conduction CONDUCT of
7 limited gaming OR SPORTS BETTING, or the reaction of Colorado citizens
8 to limited gaming OR SPORTS BETTING with a view to recommending or
9 effecting changes that would serve the purposes of this article 30;
10 (k) Take any action as may be determined by the commission to
11 be necessary to protect the security and integrity of limited gaming OR
12 SPORTS BETTING; and
13 SECTION 7. In Colorado Revised Statutes, 44-30-204, amend
14 (1) introductory portion, (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (1)(g) as
15 follows:
16 44-30-204. Investigator - peace officers. (1) All investigators of
17 the division of gaming, and their supervisors, including the director and
18 the executive director, shall have all the powers of any peace officer to:
19 (a) Make arrests, with or without warrant, for any violation of the
20 provisions of this article 30, article 20 of title 18, or the rules promulgated
21 pursuant to this article 30, any other laws or rules pertaining to the
22 conducting CONDUCT of limited gaming OR SPORTS BETTING in this state,
23 or any criminal law of this state, if, during an officer's exercise of powers
24 or performance of duties under this section, probable cause is established
25 that a violation of any said law or rule has occurred;
26 (b) Inspect, examine, investigate, hold, or impound any premises
27 where limited gaming OR SPORTS BETTING is conducted, any devices or
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1 equipment designed for or used in limited gaming OR SPORTS BETTING,
2 and any books and records in any way connected with any limited gaming
3 OR SPORTS BETTING activity;
4 (d) Serve all warrants, notices, summonses, or other processes
5 relating to the enforcement of laws regulating limited gaming OR SPORTS
6 BETTING;
11 licenses, all licensees, and any other persons as the commission may
12 determine pertaining to limited gaming OR SPORTS BETTING;
13 (g) Investigate violations of all the laws pertaining to limited
14 gaming, SPORTS BETTING, and limited gaming activities RELATED TO
15 BOTH;
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1 prepare and submit to the commission written recommendations
2 concerning proposed rules for this purpose.
3 (d) To conduct a continuous study and investigation of limited
4 gaming AND SPORTS BETTING throughout the state for the purpose of
5 ascertaining any defects in this article 30 or in the rules promulgated
6 pursuant to this article 30 in order to discover any abuses in the
7 administration and operation of the division or any violation of this article
8 30 or any rule promulgated pursuant to this article 30;
9 (f) To report immediately to the governor, the attorney general,
10 the speaker of the house of representatives, the president of the senate, the
11 minority leaders of both houses, and any other state officers as the
12 commission deems appropriate concerning any laws that it determines
13 require immediate amendment to prevent abuses and violations of this
14 article 30 or any rule promulgated pursuant to this article 30 or to remedy
15 undesirable conditions in connection with the administration or the
16 operation of the division, or limited gaming, OR SPORTS BETTING;
17 (h) To issue temporary or permanent licenses to those involved in
18 the ownership, participation, or conduct of limited gaming OR SPORTS
19 BETTING;
20 (j) To establish and collect fees and taxes upon persons, licenses,
21 and gaming devices used in, or participating in, limited gaming OR
22 SPORTS BETTING;
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1 remove, and impound, without notice or hearing, from the premises any
2 equipment, devices, supplies, books, or records for the purpose of
3 examination or inspection.
4 (p) To exercise any other incidental powers as may be necessary
5 to ensure the safe and orderly regulation of limited gaming AND SPORTS
6 BETTING and the secure collection of all revenues, taxes, and license fees;
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1 permanent and temporary licenses required for the conduct of limited
2 gaming OR SPORTS BETTING;
3 (c) Qualifications of persons to hold limited gaming OR SPORTS
4 BETTING licenses;
5 (d) Restrictions upon the times, places, and structures where
6 limited gaming shall be OR SPORTS BETTING ARE authorized;
7 (e) The ongoing operation of limited gaming OR SPORTS BETTING
8 activities, INCLUDING THE TESTING AND APPROVAL OF SOFTWARE OR
10 SPORTS BETTING;
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1 (1)(a), (1)(b)(I), and (1)(b)(II); and add (3) as follows:
2 44-30-701. Limited gaming fund - created. (1) There is hereby
3 created in the office of the state treasurer the limited gaming fund. The
4 fund shall be maintained and operated as follows:
5 (a) EXCEPT AS SPECIFIED IN PART 15 OF THIS ARTICLE 30, all
6 revenues of the division shall be paid into the limited gaming fund.
7 EXCEPT FOR THOSE EXPENSES RELATED TO SPORTS BETTING AS SPECIFIED
8 IN PART 15 OF THIS ARTICLE 30, all expenses of the division and the
9 commission, including the expenses of investigation and prosecution
10 relating to limited gaming, shall be paid from the fund.
11 (b) (I) All money paid into the limited gaming fund shall be
12 available immediately, without further appropriation, for the purposes of
13 the fund. From the money in the limited gaming fund, the state treasurer
14 is hereby authorized to pay all ongoing expenses of the commission, the
15 department, the division, and any other state agency from whom
16 assistance related to the administration of this article 30 is requested by
17 the commission, director, or executive director, EXCEPT THOSE EXPENSES
18 RELATED TO SPORTS BETTING, AS SPECIFIED IN PART 15 OF THIS ARTICLE
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1 against the limited gaming fund; AND
2 (B) No other money of the state shall be used or obligated to pay
3 the expenses of the division or commission.
4 (3) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
5 CONTRARY, SPORTS BETTING IS NOT AUTHORIZED UNLESS THE VOTERS AT
27 44. AS USED IN THIS PART 15, UNLESS THE CONTEXT OTHERWISE REQUIRES:
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1 (1) "CASINO" MEANS A LICENSED GAMING ESTABLISHMENT AS
6 SECONDARY LEVEL.
9 12-15.5-102 (4).
10 (4) "INTERNET SPORTS BETTING OPERATION" MEANS A SPORTS
16 OPERATION.
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1 PREMIUMS, MERCHANDISE, OR ANY OTHER THING OF VALUE.
7 SPORTS EVENT.
16 BETS.
20 LOCATION.
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1 PERFORMANCE STATISTICS OF ATHLETES IN A SPORTS EVENT OR
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1 (d) A PERSON WHO HOLDS A POSITION OF AUTHORITY OR
4 TRAINERS;
9 EVENT; OR
17 PARTICIPATES.
22 GOVERNING BODY:
27 SPORTS EVENTS.
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1 44-30-1503. Licenses - rules. (1) (a) THE COMMISSION SHALL
2 ISSUE, SUSPEND, REVOKE, AND RENEW SPORTS BETTING LICENSES
13 SPORTS BETTING.
19 COMMISSION;
24 IN SPORTS BETTING; OR
27 PART 15.
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1 (b) A LICENSE MAY BE SUSPENDED, REVOKED, OR NOT RENEWED
2 FOR ANY OF THE FOLLOWING CAUSES:
11 24, AND THE COMMISSION HAS ALL THE POWERS AND IS SUBJECT TO ALL
12 THE REQUIREMENTS OF ARTICLE 4 OF TITLE 24 IN CONDUCTING ANY
14 RENEWING LICENSES.
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1 PERSON RESIDES;
16 PART 15:
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1 (6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
2 CONTRARY, SPORTS BETTING IS NOT AUTHORIZED UNLESS THE VOTERS AT
12 LICENSEE;
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1 LICENSEE, THE APPLICANT OR LICENSEE SHALL ESTABLISH AND MAINTAIN
6 SUBSIDIARY COMPANY;
12 SUBSIDIARY COMPANY;
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1 CONSULTATION WITH THE DIVISION.
10 (7) (a) EACH APPLICANT FOR A SPORTS BETTING LICENSE, WITH THE
11 SUBMISSION OF THE APPLICATION, SHALL SUBMIT A SET OF FINGERPRINTS
20 APPLICANT.
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1 QUESTION SUBMITTED PURSUANT TO SECTION 44-30-1514, ENACTED IN
2 2019 IN HOUSE BILL 19-____.
3 44-30-1505. License classifications - number of licenses -
4 designated sports betting operators - qualifications - rules. (1) THE
5 COMMISSION SHALL ISSUE AT LEAST THE FOLLOWING THREE
26 OWNERSHIP INTEREST.
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1 BETTING ON ITS PREMISES IN ACCORDANCE WITH THIS PART 15.
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1 WAGERS AND OF VERIFYING THE IDENTITY OF PERSONS SEEKING TO PLACE
2 WAGERS.
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1 OWN COMPUTER OR MOBILE OR INTERACTIVE DEVICE.
23 WHO SHALL LIKEWISE HAVE ACCESS TO ALL THE BOOKS AND RECORDS OF
24 THE LICENSEE, AND THE LICENSEE MAY BE REQUIRED TO PAY THE EXPENSE
25 OF THE AUDIT.
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1 WHICH IS SOLELY DETERMINED BY THE ACTIONS OF A SINGLE PLAYER.
6 OF WAGER.
20 OPERATOR AND:
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1 RELATIVE OF THE SPORTS BETTING OPERATOR LIVING IN THE SAME
24 EVENT OR EVENTS;
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1 INFORMATION TO PLACE BETS OR FACILITATE ANOTHER PERSON'S SPORTS
11 AND TYPE OF BET, TIME THE BET WAS PLACED, LOCATION OF THE BET,
15 THREE YEARS AFTER THE SPORTS EVENT OCCURS AND SHALL MAKE THE
22 THEIR SPORT.
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1 AVAILABLE AUDIO OR VIDEO FILES RELATING TO PERSONS PLACING BETS.
20 (7) EACH SPORTS BETTING OPERATOR MAY SET SUCH BET LIMITS
21 AS IT SEES FIT, IN ITS SOLE DISCRETION, AND MAY MAKE THOSE LIMITS
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1 ONLY FROM PERSONS PHYSICALLY LOCATED WITHIN THE STATE OF
21 OTHER AGENCIES WORKING WITH THE COMMISSION AND ANY WORK PAPERS
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1 AUDITOR, ANY OF THE RESPECTIVE DISTRICT ATTORNEYS OF THIS STATE,
16 OCCURRED.
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1 DAMAGES TO AN INJURED PARTY IN A CIVIL ACTION THE SUBJECT OF WHICH
8 SUBSECTION (4).
13 COLLECTED.
27 FUND.
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1 (b) ALL MONEY PAID INTO THE FUND IS CONTINUOUSLY
9 (2) FROM THE MONEY IN THE SPORTS BETTING FUND, THE STATE
10 TREASURER SHALL:
17 DEPARTMENT, THE DIVISION, AND ANY OTHER STATE AGENCY FROM WHOM
24 ANNUAL DISTRIBUTION.
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1 THE STATE CONSTITUTION AND THE COLLEGES DESCRIBED IN SECTION
5 CALCULATED AS FOLLOWS:
9 (II) FOR EACH FISCAL YEAR AFTER THE 2020-21 FISCAL YEAR, THE
10 STATE TREASURER SHALL ADJUST THE ANNUAL PAYMENT AS FOLLOWS:
13 PERCENT, ADD AN AMOUNT TO THE PAYMENT MADE FOR THE PRIOR FISCAL
17 BUT IS LESS THAN TWO PERCENT, ADD AN AMOUNT TO THE PAYMENT MADE
18 FOR THE PRIOR FISCAL YEAR EQUAL TO THE ACTUAL PERCENTAGE GROWTH
19 OF SAID REVENUES;
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1 SUCCESSOR ORGANIZATION; AND
14 FROM THE FUND. THE STATE TREASURER SHALL PAY UPON WARRANTS
18 (5) THE STATE TREASURER SHALL INVEST THE MONEY IN THE FUND
19 SO LONG AS THE MONEY IS TIMELY AVAILABLE TO PAY THE EXPENSES OF
25 FINANCIALLY SELF-SUSTAINING.
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1 AGAINST THE FUND. NO OTHER MONEY OF THE STATE SHALL BE USED OR
20 BETTING LICENSE.
24 18-1.3-501.
25 (2) A PERSON VIOLATING THE ACCEPTANCE OF BETS RESTRICTIONS
26 OF SECTION 44-30-1511 (1)(b) MAY ALSO BE PROSECUTED PURSUANT TO
27 SECTION 18-6-701 FOR CONTRIBUTING TO THE DELINQUENCY OF A MINOR.
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1 (3) A PERSON PURPORTING TO ISSUE, SUSPEND, REVOKE, OR RENEW
2 LICENSES PURSUANT TO THIS PART 15 OR TO PROCURE OR INFLUENCE THE
15 24.
16 44-30-1514. Approval by electors - repeal. (1) THE SECRETARY
17 OF STATE SHALL SUBMIT TO THE REGISTERED ELECTORS OF THE STATE FOR
25 OPERATIONS?".
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1 EFFECTIVE MAY 1, 2020, IF THE VOTERS AT THE NOVEMBER 2019
2 STATEWIDE ELECTION DO NOT APPROVE THE QUESTION DESCRIBED IN
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1 follows:
2 37-60-123.3. Water plan implementation cash fund - created.
3 (1) THERE IS HEREBY CREATED IN THE STATE TREASURY THE WATER PLAN
4 IMPLEMENTATION CASH FUND, REFERRED TO IN THIS SECTION AS THE
7 44-30-1509 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY
8 APPROPRIATE OR TRANSFER TO THE FUND. THE STATE TREASURER SHALL
9 CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
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1 period after final adjournment of the general assembly (August 2, 2019,
2 if adjournment sine die is on May 3, 2019); except that, if a referendum
3 petition is filed pursuant to section 1 (3) of article V of the state
4 constitution against this act or an item, section, or part of this act within
5 such period, then the act, item, section, or part will not take effect unless
6 approved by the people at the general election to be held in November
7 2020 and, in such case, will take effect on the date of the official
8 declaration of the vote thereon by the governor.
9 (2) (a) Sections 1 to 3, 6, 7, 12, and 13 of this act and sections
10 44-30-1501, 44-30-1502, and 44-30-1506 to 44-30-1514, Colorado
11 Revised Statutes, enacted by section 11 of this act, take effect only if, at
12 the November 2019 statewide election, a majority of voters approve the
13 ballot question submitted pursuant to section 44-30-1514, Colorado
14 Revised Statutes, enacted in section 11 of this act.
15 (b) If the voters at the November 2019 statewide election approve
16 the ballot question described in subsection (2)(a) of this section, then
17 sections 1 to 3, 6, 7, 12, and 13 of this act and sections 44-30-1501,
18 44-30-1502, and 44-30-1506 to 44-30-1514, Colorado Revised Statutes,
19 enacted by section 11 of this act, take effect May 1, 2020.
20 (c) Section 13 of this act takes effect only if Senate Bill 19-212
21 becomes law.
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