Regulation of Gaming & Sports Betting

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0277.01 Richard Sweetman x4333 SENATE BILL 26-163
Senate Committees House Committees
Finance
A BILL FOR AN ACT
CONCERNING THE REGULATION OF GAMBLING ACTIVITIES IN THE101
STATE, AND , IN CONNECTION THEREWITH , EXPANDING THE102
MEMBERSHIP OF THE COLORADO LIMITED GAMING CONTROL103
COMMISSION, REPEALING THE COLORADO RACING COMMISSION104
AND TRANSFERRING ITS AUTHORITIES TO THE COLORADO105
LIMITED GAMING CONTROL COMMISSION , REPEALING THE106
DIVISION OF RACING EVENTS AND TRANSFERRING ITS107
REGULATORY ACTIVITIES TO THE DIVISION OF GAMING ,108
EXPANDING THE SCOPE OF THE LICENSING DUTIES THAT THE109
COLORADO LIMITED GAMING CONTROL COMMISSION MAY110
DELEGATE TO THE DIVISION OF GAMING , ALLOWING111
INDIVIDUALS TO VOLUNTARILY EXCLUDE THEMSELVES FROM112
SPORTS BETTING IN THE STATE, AND ALLOWING THE DIRECTOR113
SENATE SPONSORSHIP
Roberts,
HOUSE SPONSORSHIP
Smith,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
OF THE DIVISION OF GAMING TO APPROVE OPTIONAL WAGERS101
AND MINOR MODIFICATIONS FOR CERTAIN TABLE GAMES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill repeals the Colorado racing commission and the division
of racing events within the department of revenue (department). The bill
transfers the authorities of the Colorado racing commission to the
Colorado limited gaming control commission (commission), and the bill
transfers the regulatory activities of the division of racing events to the
division of gaming (division).
The bill adds 2 members to the commission: One member who
represents the public and one member who:
! Has been engaged in the racing industry for at least 5 years;
! Has been a licensed veterinarian in Colorado for at least 5
years and is currently practicing in Colorado; or
! Has been engaged in business in a management-level
capacity for at least 5 years.
Under current law, the commission, at its discretion, may delegate
only certain licensing duties described under the "Limited Gaming Act of
1991" (gaming act) to the division. The bill allows the commission to
delegate to the division licensing duties that appear elsewhere in the
gaming act.
The bill authorizes investigators of the division and their
supervisors to inspect, examine, investigate, hold, or impound any
premises in the state where an investigator or supervisor suspects that
unlicensed gaming or unlicensed sports betting is conducted.
Under current law, the division is required to operate a program
that allows individuals to voluntarily exclude themselves from gaming
activities in the state. The bill expands the program to allow individuals
to voluntarily exclude themselves from sports betting in the state.
The bill allows the director of the division to approve optional
wagers and minor modifications for commission-approved poker,
blackjack, craps, and roulette games.
The bill clarifies the definition of "race meet" for purposes of the
regulation of racing events.
The bill allows the executive director of the department to delegate
certain non-rule-making and nonlicensing functions to a designee.
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Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 44-30-301 as2
follows:3
44-30-301. Colorado limited gaming control commission -4
creation - repeal.5
(1) Commission created. There is created, within the division of6
gaming, the Colorado limited gaming control commission. The7
commission consists of five members, all of whom must be citizens of the8
United States and residents of this state who have been residents of the9
state for the past five years. The members shall be appointed by the10
governor, with the consent and approval of the senate. No member shall11
have been convicted of a felony or gambling-related offense,12
notwithstanding the provisions of section 24-5-101. No more than three13
of the five members may be affiliated with the same political party and no14
more than one member may be from any one congressional district;15
except that a member who is serving pursuant to subsection (1)(a) of this16
section as a registered elector of Teller or Gilpin county may reside in the17
same congressional district as one of the other members. At the first18
meeting of each fiscal year, a chair and vice-chair of the commission shall19
be chosen from the membership by a majority of the members.20
Membership and operation of the commission shall additionally meet the21
following requirements: T HE COLORADO LIMITED GAMING CONTROL22
COMMISSION IS CREATED WITHIN THE DIVISION OF GAMING.23
(2) Membership.24
(a) T HE COMMISSION CONSISTS OF SEVEN MEMBERS WHO ARE25
RESIDENTS OF COLORADO AND CITIZENS OF THE UNITED STATES AND WHO26
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HAVE BEEN RESIDENTS OF COLORADO FOR THE FIVE YEARS PRECEDING1
THEIR APPOINTMENT, AS FOLLOWS:2
(a) (I) One member of the commission shall have had at least five3
years' law enforcement experience as a peace officer certified pursuant to4
section 24-31-305;5
(II) One member shall be an attorney admitted WHO HAS BEEN6
LICENSED to the practice of law in Colorado for not less than five years7
and who has experience in regulatory law;8
(III) One member shall be a certified public accountant or public9
accountant who has been practicing in Colorado for at least five years and10
who has a comprehensive knowledge of the principles and practices of11
corporate finance;12
(IV) One member shall have been engaged in business in a13
management-level capacity for at least five years; and14
(V) One member shall be a registered elector of any county in the15
state who is not employed in a profession or industry otherwise described16
in this subsection (1)(a). To the extent that applications have been17
submitted for consideration for membership on the commission, the18
governor shall prioritize appointing members who are registered electors19
of Gilpin county or Teller county. The registered elector members of the20
commission from Gilpin and Teller counties may be employed in a21
profession or industry otherwise described in this subsection (1)(a).22
SUBSECTION (2)(a);23
(VI) ONE MEMBER SHALL BE AN INDIVIDUAL WHO:24
(A) HAS BEEN ENGAGED IN THE RACING INDUSTRY FOR AT LEAST25
FIVE YEARS;26
(B) HAS BEEN A LICENSED VETERINARIAN IN COLORADO FOR AT27
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LEAST FIVE YEARS AND IS CURRENTLY PRACTICING IN COLORADO; OR1
(C) HAS BEEN ENGAGED IN BUSINESS IN A MANAGEMENT -LEVEL2
CAPACITY FOR AT LEAST FIVE YEARS; AND3
(VII) ONE MEMBER SHALL REPRESENT THE PUBLIC.4
(b) The term of office for each member is four years; except that5
the terms shall MUST be staggered so that no more than two THREE6
members' terms expire in the same year. No member of the commission7
is eligible to MAY serve more than two consecutive terms.8
(c) N O MORE THAN FOUR OF THE SEVEN MEMBERS MAY BE9
AFFILIATED WITH THE SAME POLITICAL PARTY, AND NO MORE THAN ONE10
MEMBER MAY BE FROM ANY ONE CONGRESSIONAL DISTRICT; EXCEPT THAT11
A MEMBER WHO IS SERVING PURSUANT TO SUBSECTION (2)(a) OF THIS12
SECTION AS A REGISTERED ELECTOR OF GILPIN OR TELLER COUNTY MAY13
RESIDE IN THE SAME CONGRESSIONAL DISTRICT AS ONE OF THE OTHER14
MEMBERS.15
(3) Appointments.16
(a) T HE GOVERNOR SHALL APPOINT THE MEMBERS OF THE17
COMMISSION WITH THE CONSENT AND APPROVAL OF THE SENATE.18
(b) TO THE EXTENT THAT THE GOVERNOR RECEIVES APPLICATIONS19
FOR MEMBERSHIP ON THE COMMISSION, THE GOVERNOR SHALL PRIORITIZE20
APPOINTING MEMBERS WHO ARE REGISTERED ELECTORS OF GILPIN COUNTY21
OR TELLER COUNTY . THE REGISTERED ELECTOR MEMBERS OF THE22
COMMISSION FROM GILPIN AND TELLER COUNTIES MAY BE EMPLOYED IN23
A PROFESSION OR INDUSTRY OTHERWISE DESCRIBED IN SUBSECTION (2)(a)24
OF THIS SECTION.25
(c) T HE GOVERNOR SHALL NOT APPOINT AS A MEMBER ANY26
INDIVIDUAL WHO HAS BEEN CONVICTED OF A FELONY OR27
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GAMBLING-RELATED OFFENSE , NOTWITHSTANDING THE PROVISIONS OF1
SECTION 24-5-101.2
(c) (d) THE GOVERNOR SHALL FILL any vacancy on the commission3
shall be filled for the unexpired term in the same manner as the original4
appointment. The member appointed to fill the vacancy shall be from the5
same category described in subsection (1)(a) SUBSECTION(2)(a) of this6
section as the member vacating the position.7
(d) (e) T HE GOVERNOR MAY REMOVE any member of the8
commission may be removed by the governor at any time.9
(e) (f) THE GOVERNOR SHALL TERMINATE the term of any member10
of the commission who misses more than two consecutive regular11
commission meetings without good cause, shall be terminated and THE12
GOVERNOR SHALL APPOINT the member's successor shall be appointed in13
the manner AS provided for appointments under IN this section.14
(g) (I) THE GOVERNOR SHALL APPOINT THE MEMBERS DESCRIBED15
IN SUBSECTIONS (2)(a)(VI) AND (2)(a)(VII) OF THIS SECTION ON OR16
BEFORE DECEMBER 1, 2026.17
(II) THIS SUBSECTION (3)(g) IS REPEALED, EFFECTIVE MAY 1, 2027.18
(f) (4) Compensation. Commission members shall receive as19
compensation for their services one hundred dollars for each day spent in20
the conduct of commission business. and shall be reimbursed I N21
ADDITION, THE DEPARTMENT SHALL REIMBURSE MEMBERS for necessary22
travel and other reasonable expenses incurred in the performance of their23
THE MEMBERS' official duties. The maximum annual compensation for24
each member, of the commission, including reimbursement for necessary25
travel and other reasonable expenses incurred in the performance of their26
THE MEMBERS' official duties, shall not exceed IS ten thousand dollars. per27
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year.1
(g) (5) Financial disclosure statements required. Prior to2
confirmation by the senate, each member AN INDIVIDUAL APPOINTED TO3
THE COMMISSION BY THE GOVERNOR shall file with the secretary of state4
a financial disclosure statement in the form required and prescribed by the5
executive director. IF THE INDIVIDUAL IS CONFIRMED BY THE SENATE TO6
SERVE ON THE COMMISSION , the INDIVIDUAL SHALL FILE WITH THE7
SECRETARY OF STATE AN UPDATED statement shall be renewed as of ON8
OR BEFORE each January 1 during the member's INDIVIDUAL'S term of9
office.10
(h) (6) Meetings - selection of chair and vice chair. 11
(a) AT THE FIRST MEETING OF EACH FISCAL YEAR, A MAJORITY OF12
THE COMMISSION MEMBERS SHALL SELECT A MEMBER TO SERVE AS CHAIR13
AND A MEMBER TO SERVE AS VICE-CHAIR.14
(b) The commission shall hold at least one meeting each month15
and any additional meetings as may be prescribed by rules of the16
commission. In addition, special meetings may be called by the chairman17
CHAIR, any two commission members, or the director, if written18
notification of the meeting is delivered to each member at least19
seventy-two hours prior to the meeting. Notwithstanding the provisions20
of section 24-6-402, in emergency situations in which a majority of the21
commission certifies that exigencies of time require that the commission22
meet without delay, the requirements of public notice and of seventy-two23
hours' actual advance written notice to members may be dispensed with,24
and commission members as well as the public shall receive the notice as25
is reasonable under the circumstances.26
(i) (c) A majority of the commission shall constitute CONSTITUTES27
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a quorum, but AND the concurrence of a majority of the members1
appointed to the commission shall be IS required for any final2
determination by the commission.3
(j) (d) The commission shall keep a complete and accurate record4
of all its meetings.5
SECTION 2. In Colorado Revised Statutes, amend 44-30-507 as6
follows:7
44-30-507. Delegation of licensing duties.8
The commission, at its discretion, may delegate licensing duties9
described in this part 5 ARTICLE 30 to the division.10
SECTION 3. In Colorado Revised Statutes, 44-30-204, amend11
(1)(b) as follows:12
44-30-204. Investigator - peace officers.13
(1) All investigators of the division and their supervisors,14
including the director and the executive director, have all the powers of15
any peace officer to:16
(b) Inspect, examine, investigate, hold, or impound any premises17
IN THE STATE where:18
(I) Limited gaming or sports betting is conducted;19
(II) A N INVESTIGATOR OR SUPERVISOR SUSPECTS THAT20
UNLICENSED GAMING OR UNLICENSED SPORTS BETTING IS CONDUCTED;21
(III) THERE ARE any devices or equipment designed for or used in22
limited gaming or sports betting; and OR23
(IV) THERE ARE any books and OR records THAT ARE RELATED in24
any way connected with any limited TO gaming or sports betting; activity;25
SECTION 4. In Colorado Revised Statutes, 44-30-203, add (3)26
as follows:27
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44-30-203. Director - qualification - powers and duties.1
(3) NOTWITHSTANDING ANY PROVISION OF SECTION 44-30-302 TO2
THE CONTRARY, THE DIRECTOR MAY APPROVE OPTIONAL WAGERS AND3
MINOR MODIFICATIONS FOR COMMISSION-APPROVED POKER, BLACKJACK,4
CRAPS, AND ROULETTE GAMES , BUT THE COMMISSION 'S APPROVAL IS5
REQUIRED FOR ANY NEW GAME OR GAME TYPES.6
SECTION 5. In Colorado Revised Statutes, 44-30-1703, amend7
(1)(a) introductory portion, (1)(a)(II), (2)(a), and (2)(b)(I) as follows:8
44-30-1703. Exclusion of certain individuals from9
participation in gaming activities and sports betting - duties of10
division - mechanism for self-exclusion - confidential records - rules.11
(1) (a) On and after January 1, 2023, The division shall operate a12
program to:13
(II) Exclude from certain sports betting individuals who:14
(A) Are prohibited from placing wagers on certain sporting events15
pursuant to section 44-30-1502; OR16
(B) V OLUNTARILY REQUEST TO BE EXCLUDED FROM SPORTS17
BETTING IN THE STATE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.18
(2) (a) The division shall include in the program described in19
subsection (1) of this section mechanisms by which individuals may20
request to be excluded from participation in gaming activities in the state,21
as described in subsection (1)(a)(I)(A) of this section, OR FROM SPORTS22
BETTING IN THE STATE, AS DESCRIBED IN SUBSECTION (1)(a)(II)(B) OF THIS23
SECTION. The mechanisms must include the receipt of such requests by24
the division in written, electronic, and telephonic form.25
(b) Notwithstanding any other provision of law, the personal26
identifying information of the following individuals is confidential and27
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is not subject to the requirements of the "Colorado Open Records Act",1
part 2 of article 72 of title 24:2
(I) Individuals who request to be excluded from participation in3
gaming activities OR SPORTS BETTING in the state pursuant to subsection4
(2)(a) of this section; and5
SECTION 6. In Colorado Revised Statutes, 44-32-102, amend6
(4), (6), (7), (11)(c), and (20) as follows:7
44-32-102. Definitions - rules.8
As used in this article 32, unless the context otherwise requires:9
(4) "Commission" means the Colorado racing LIMITED GAMING10
CONTROL commission created in part 3 of this article 32 SECTION11
44-30-301.12
(6) "Director" means the director of the division of racing events13
GAMING.14
(7) "Division" means the division of racing events GAMING15
created in part 2 of this article 32 SECTION 44-30-201.16
(11) (c) The commission, for good cause, may grant a licensed17
class A horse track permission to receive simulcast races at an alternate18
location within five miles of its track during the times when the track is19
not in operation.20
(20) (a) "Race meet" OR "MEET" means any A live exhibition of21
racing involving horses registered within their breed, conducted at a track22
located within the state of Colorado and operated by a licensee under a23
license granted pursuant to section 44-32-505, where the pari-mutuel24
system of wagering is used.25
(b) "RACE MEET" OR "MEET" INCLUDES THE TOTAL, CONTINUOUS26
PERIOD DURING WHICH A RACING ASSOCIATION OR TRACK PREMISES IS27
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UNDER THE FULL REGULATORY JURISDICTION OF THE DIVISION , WHICH1
PERIOD ENCOMPASSES:2
(I) T HE LIVE RACING PERIOD , WHICH IS ALL LICENSED DAYS3
APPROVED BY THE COMMISSION FOR THE CONDUCT OF LIVE, COMPETITIVE4
HORSE RACING;5
(II) T HE PREMEET REGULATORY PERIOD , WHICH IS THE ENTIRE6
PERIOD COMMENCING ON THE FIRST DAY THE LICENSED TRACK PREMISES7
ARE MADE AVAILABLE FOR OR UTILIZED FOR RECEIVING HORSES ,8
CONDUCTING OFFICIAL REGULATED TRAINING, OR PERFORMING OFFICIAL9
PREMEET REGULATORY INSPECTIONS, WHICHEVER OCCURS EARLIEST; AND10
(III) T HE POST -MEET REGULATORY PERIOD , WHICH IS SEVEN11
CALENDAR DAYS IMMEDIATELY FOLLOWING AND INCLUDING THE FINAL12
LICENSED DAY OF LIVE RACING CONDUCTED BY A RACING ASSOCIATION13
FOR THE CALENDAR YEAR.14
SECTION 7. In Colorado Revised Statutes, repeal 44-32-103 as15
follows:16
44-32-103. Division and commission subject to termination.17
The provisions of section 24-34-104 concerning the termination18
schedule for regulatory bodies of the state, unless extended as provided19
in that section, are applicable to the division of racing events created by20
section 44-32-201 and the Colorado racing commission created by section21
44-32-301.22
SECTION 8. In Colorado Revised Statutes, amend 44-32-201 as23
follows:24
44-32-201. Commission to regulate racing events - rules.25
(1) The division of racing events is created in the department, the26
head of which is the director of the division of racing events. The director27
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is appointed by, and may be removed by, the executive director. The1
division of racing events, the Colorado racing commission created in2
section 44-32-301, and the director of the division of racing events are3
type 2 entities, as defined in section 24-1-105, and exercise their4
respective powers and perform their respective duties and functions as5
specified in this article 32 under the department; except that The6
commission has full and exclusive authority to promulgate ADOPT rules7
related to racing. without any approval by, or delegation of authority8
from, the department.9
(2) The division shall make investigations and shall request the10
commission, or the district attorney of any district, as appropriate, to11
prosecute, on behalf of and in the name of the division, suits and12
proceedings for any of the purposes necessary and proper for carrying out13
the functions of the division.14
SECTION 9. In Colorado Revised Statutes, 44-32-202, amend15
(1), (2), and (3) introductory portion as follows:16
44-32-202. Director - qualifications - powers and duties - rules.17
(1) The director shall be qualified by training and experience to18
direct the work of the division CONCERNING THE REGULATION OF RACING19
ACTIVITIES; and, notwithstanding the provisions of section 24-5-101, shall20
be of good character and shall not have been convicted of any felony or21
gambling-related offense.22
(2) The director shall not engage in any other profession or23
occupation that could present a conflict of interest with the director's24
duties as director of the division CONCERNING THE REGULATION OF25
RACING ACTIVITIES.26
(3) The director, as administrative head of the division, shall27
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direct and supervise all administrative and technical activities of the1
division CONCERNING THE REGULATION OF RACING ACTIVITIES. In addition2
to the duties imposed upon the director elsewhere in this article 32, it3
shall be IS the director's duty:4
SECTION 10. In Colorado Revised Statutes, amend 44-32-2035
as follows:6
44-32-203. Investigators - peace officers.7
(1) All investigators of the division of racing events, including the8
director and the executive director, shall For purposes of enforcement of9
this article 32, be ALL INVESTIGATORS OF THE DIVISION, INCLUDING THE10
DIRECTOR AND THE EXECUTIVE DIRECTOR, ARE considered peace officers11
as described in sections SECTION 16-2.5-101. and 16-2.5-126.12
(2) Nothing in this section shall be construed to prohibit local13
sheriffs, police departments, and other local law enforcement agencies or14
the Colorado bureau of investigation from enforcing the provisions of this15
article 32 or rules promulgated ADOPTED pursuant to this article 32 or16
from performing their other duties to the full extent permitted by law. All17
such sheriffs, police officers, district attorneys, AND other local law18
enforcement agencies or AND the Colorado bureau of investigation shall19
have all the powers set forth in subsection (1) of this section.20
SECTION 11. In Colorado Revised Statutes, add 44-32-303 as21
follows:22
44-32-303. Repeal of part - transfer of functions. 23
(1) (a) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, THE24
RIGHTS, POWERS , DUTIES , AND FUNCTIONS VESTED IN THE COLORADO25
RACING COMMISSION PRIOR TO THAT DATE ARE TRANSFERRED FROM THE26
COLORADO RACING COMMISSION TO THE COLORADO LIMITED GAMING27
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CONTROL COMMISSION.1
(b) (I) O N AND AFTER THE EFFECTIVE DATE OF THIS SECTION ,2
WHENEVER ANY PROVISION OF LAW REFERS TO THE COLORADO RACING3
COMMISSION IN CONNECTION WITH THE FUNCTIONS TRANSFERRED TO THE4
COLORADO LIMITED GAMING CONTROL COMMISSION PURS UANT TO THIS5
SUBSECTION (1), THE LAW SHALL BE CONSTRUED AS REFERRING TO THE6
COLORADO LIMITED GAMING CONTROL COMMISSION.7
(II) A NY CONTRACT ENTERED INTO BY THE COLORADO RACING8
COMMISSION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION IN9
CONNECTION WITH THE FUNCTIONS TRANSFERRED TO THE COLORADO10
LIMITED GAMING CONTROL COMMISSION PURSUANT TO THIS SUBSECTION11
(1) IS VALIDATED , WITH THE COLORADO LIMITED GAMING CONTROL12
COMMISSION SUCCEEDING TO ALL RIGHTS AND OBLIGATIONS UNDER THE13
CONTRACT.14
(III) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION , THE15
COLORADO LIMITED GAMING CONTROL COMMISSION SHALL SATISFY ANY16
OBLIGATIONS INCURRED BY THE COLORADO RACING COMMISSION , BUT17
NOT YET PAID, IN CONNECTION WITH THE FUNCTIONS TRANSFERRED TO THE18
COLORADO LIMITED GAMING CONTROL COMMISSION PURSUANT TO THIS19
SUBSECTION (1).20
(c) (I) AS OF THE EFFECTIVE DATE OF THIS SECTION, EMPLOYEES OF21
THE COLORADO RACING COMMISSION PRIOR TO SUCH DATE WHOSE22
POWERS, DUTIES, AND FUNCTIONS CONCERNED THE POWERS, DUTIES, AND23
FUNCTIONS REGARDING RACING EVENTS THAT ARE ASSUMED BY THE24
COLORADO LIMITED GAMING CONTROL COMMISSION PURS UANT TO25
SUBSECTION (1)(a) OF THIS SECTION AND WHOSE EMPLOYMENT IN THE26
DIVISION OF GAMING IS DEEMED NECESSARY BY THE EXECUTIVE DIRECTOR27
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TO CARRY OUT THE PURPOSES OF THIS ARTICLE 32 ARE TRANSFERRED TO1
THE DIVISION OF GAMING AND BECOME EMPLOYEES OF THE DIVISION OF2
GAMING.3
(II) ANY EMPLOYEES TRANSFERRED TO THE DIVISION OF GAMING4
PURSUANT TO THIS SUBSECTION (1)(c) WHO ARE CLASSIFIED EMPLOYEES5
IN THE STATE PERSONNEL SYSTEM RETAIN ALL RIGHTS TO THE PERSONNEL6
SYSTEM AND RETIREMENT BENEFITS PURS UANT TO THE LAWS OF THIS7
STATE, AND THEIR SERVICE IS DEEMED TO HAVE BEEN CONTINUOUS. ANY8
TRANSFERS AND ANY ABOLISHMENT OF POSITIONS IN THE STATE9
PERSONNEL SYSTEM SHALL BE MADE AND PROCESSED IN ACCORDANCE10
WITH STATE PERSONNEL SYSTEM LAWS AND RULES.11
(d) A S OF THE EFFECTIVE DATE OF THIS SECTION , ALL RULES12
ADOPTED BY THE COLORADO RACING COMMISSION PURSUANT TO SECTION13
44-32-201 (1), AS THAT SECTION EXISTED UNTIL THE EFFECTIVE DATE OF14
THIS SECTION , CONTINUE TO BE EFFECTIVE UNTIL REVISED , AMENDED ,15
REPEALED, OR NULLIFIED PURSUANT TO LAW.16
(2) THIS PART 3 IS REPEALED, EFFECTIVE JULY 1, 2027.17
SECTION 12. In Colorado Revised Statutes, 44-32-401, amend18
(1) introductory portion and (1)(a) as follows:19
44-32-401. Director and commission members - position of20
trust - conflicts of interest - definition.21
(1) Appointment to the commission or to the position of director22
or employment in the division of racing events GAMING is a position of23
public trust, and therefore, in order to ensure the confidence of the people24
of the state in the integrity of the division, and the commission, the25
director and members of the commission and the employees of the26
division are subject to this section. While serving as director or as a27
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member of the commission or while employed by the division, no person1
nor AN INDIVIDUAL AND any member of the person's INDIVIDUAL'S2
immediate family shall NOT:3
(a) Hold any pecuniary interest in any racetrack operating within4
the state of Colorado nor OR in any stable, compound, or farm that houses5
animals licensed or registered to race within the state; of Colorado;6
SECTION 13. In Colorado Revised Statutes, 44-32-501, amend7
(1)(b) and (3.5) as follows:8
44-32-501. Regulation of race meets and racing-related9
businesses - additional facilities - rules.10
(1) (b) The commission EXECUTIVE DIRECTOR shall license and11
regulate all kennels and stables housing racing animals both in connection12
with a race meet and to protect the general health and welfare of horses.13
The commission EXECUTIVE DIRECTOR shall cause the stables to be visited14
and inspected at least once a year by its members or employees OF THE15
DIVISION and shall require all such places to be constructed, maintained,16
and operated in accordance with the laws of this state and the rules of the17
commission EXECUTIVE DIRECTOR.18
(3.5) An additional facility, as described in section 44-32-10219
(11)(a)(II), must not be located within fifty miles of any class B horse20
track operated by another licensee without the written consent of the other21
licensee. The commission shall establish by rule the means of obtaining22
the consent.23
SECTION 14. In Colorado Revised Statutes, 13-4-102, amend24
(2)(ee) as follows:25
13-4-102. Jurisdiction.26
(2) The court of appeals has initial jurisdiction to:27
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(ee) Review final actions and orders appropriate for judicial1
review of the Colorado racing LIMITED GAMING CONTROL commission,2
WHICH FINAL ACTIONS AND ORDERS ARE APPROPRIATE FOR JUDICIAL3
REVIEW, as provided in section 44-32-507 (4);4
SECTION 15. In Colorado Revised Statutes, amend 16-2.5-1235
as follows:6
16-2.5-123. Di rector of the division of gaming - gaming7
investigator.8
The director of the division of gaming in the department of9
revenue, THE DIRECTOR 'S DESIGNEE , or a gaming investigator in the10
department of revenue is a peace officer while engaged in the11
performance of his or her THEIR duties whose primary authority shall be12
IS as stated in section 44-30-204 OR 44-32-203 (1) and shall also include13
INCLUDES the enforcement of all laws of the state of Colorado and who14
may be certified by the P.O.S.T. board.15
SECTION 16. In Colorado Revised Statutes, repeal 16-2.5-12616
as follows:17
16-2.5-126. Director of racing events - racing events18
supervisor - racing events investigator.19
The director of racing events, a racing events supervisor, and a20
racing events investigator are peace officers while engaged in the21
performance of their duties. whose primary authority shall be as stated in22
section 44-32-203 (1) and shall also include the enforcement of all laws23
of the state. of Colorado and who may be certified by the P.O.S.T. board.24
SECTION 17. In Colorado Revised Statutes, 18-10.5-102,25
amend (6)(b) as follows:26
18-10.5-102. Definitions.27
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As used in this article 10.5, unless the context otherwise requires:1
(6) (b) "Simulated gambling device" does not include any2
pari-mutuel totalisator equipment that is used for pari-mutuel wagering3
on live or simulcast racing events and that has been approved by the4
director of the division of racing events GAMING for entities authorized5
and licensed under article 32 of title 44.6
SECTION 18. In Colorado Revised Statutes, 24-1-117, repeal7
(4)(a)(VI) as follows:8
24-1-117. Department of revenue - creation.9
(4) (a) The department of revenue consists of the following10
divisions:11
(VI) The division of racing events created in section 44-32-20112
(1), the director of the division of racing events, and the Colorado racing13
commission, created in section 44-32-301 (1), which are type 2 entities,14
as defined in section 24-1-105;15
SECTION 19. In Colorado Revised Statutes, 24-34-104, repeal16
(33)(a)(V) as follows:17
24-34-104. General assembly review of regulatory agencies18
and functions for repeal, continuation, or reestablishment - legislative19
declaration - repeal.20
(33) (a) The following agencies, functions, or both, are scheduled21
for repeal on September 1, 2032:22
(V) The division of racing events, including the Colorado racing23
commission, created in article 32 of title 44;24
SECTION 20. In Colorado Revised Statutes, amend 35-65-11625
as follows:26
35-65-116. Race meets - dates - licenses - fees.27
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(1) The board is authorized to obtain a license to conduct horse1
race meets at the Colorado state fair and industrial exposition pursuant to2
article 32 of title 44. For the purposes of this section, the limitations in3
section 44-32-512 shall DO not apply, and the horse race meets shall be4
conducted as approved by the Colorado racing LIMITED GAMING CONTROL5
commission at the Colorado state fair and industrial exposition during its6
duration.7
(2) In lieu of obtaining a license to conduct a horse race meet, the8
board is authorized to contract for the conduct of horse race meets at the9
Colorado state fair and industrial exposition with a private, nonprofit10
person licensed to conduct horse race meets within forty miles of the state11
fair grounds, subject to authorization by the Colorado racing LIMITED12
GAMING CONTROL commission pursuant to section 44-32-512. The meet13
and the race days of the meet conducted at the Colorado state fair and14
industrial exposition shall be ARE in addition to the number of meets and15
race days permitted the licensee pursuant to section 44-32-603. 16
SECTION 21. In Colorado Revised Statutes, 44-30-203, amend17
(2) introductory portion as follows:18
44-30-203. Director - qualification - powers and duties.19
(2) In addition to the duties imposed upon the director elsewhere20
in this part 2, and in parts 15 and 16 of this article 30, AND IN ARTICLE 3221
OF THIS TITLE 44, the director shall:22
SECTION 22. In Colorado Revised Statutes, 44-40-109, amend23
(2) introductory portion and (2)(a) as follows:24
44-40-109. Commission - powers and duties - rules.25
(2) Except as provided in subsection (3) of this section, rules26
promulgated ADOPTED pursuant to subsection (1) of this section must27
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include:1
(a) The types of lotteries to be conducted, but no A lottery2
conducted under this article 40 other than instant scratch games shall NOT3
be based upon the game of chance commonly known as bingo, nor shall4
any lottery be conducted that depends upon the outcome of any AN5
athletic contest except races at state-licensed dog or horse tracks if6
approved by the Colorado racing LIMITED GAMING CONTROL commission;7
SECTION 23. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly (August10
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a11
referendum petition is filed pursuant to section 1 (3) of article V of the12
state constitution against this act or an item, section, or part of this act13
within such period, then the act, item, section, or part will not take effect14
unless approved by the people at the general election to be held in15
November 2026 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
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