2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › GAMING AND RACING (§§ 44-30-101 — 44-33-108) › Article 33 - GAMBLING PAYMENT INTERCEPT ACT (§§ 44-33-101 — 44-33-108) › Section 44-33-105 - Payments - limited gaming and pari-mutuel wagering licensees - procedures

(1)
On and after July 1, 2008:
(a)
A licensee shall have the means to communicate with the registry operator.
(b)
Before making a payment to a winner, the licensee shall obtain the name, address, and social security number of the winner from form W-2G, or a substantially equivalent form, to be filed with the United States internal revenue service and submit the required information to the registry operator. The registry operator shall inform the licensee whether the winner is listed in the registry. The licensee shall comply with subsection (2) of this section.
(2)
(a)
If the registry operator replies that the winner is not listed in the registry or if the licensee is unable to receive information from the registry operator after attempting in good faith to do so, the licensee may make the payment to the winner.
(b)
If the registry operator replies that the winner is listed in the registry:
(I)
The reply from the registry operator to the licensee shall indicate the name, telephone number, and address of the department that certified the information to the registry and the amount of the winner's outstanding debt.
(II)
The licensee shall withhold from the amount of the payment an amount equal to the amount certified pursuant to section
44-33-104
. If the amount of the payment is less than or equal to the amount certified, the licensee shall withhold the entire amount of the payment. The licensee shall refer the winner to the department that reported the outstanding debt to the registry.
(III)
Within twenty-four hours after withholding a payment pursuant to subsection (2)(b)(II) of this section, the licensee shall send the amount withheld to the registry operator and report to the registry operator the full name, address, and social security number of the winner, the account or case identifier assigned by the department that reported the outstanding debt to the registry, the date and amount of the payment, and the name and location of the licensee.
(IV)
The registry operator shall send to the certifying department the money and information received from a licensee pursuant to subsection (2)(b)(III) of this section. If more than one department certified a winner, the registry operator shall send the information to each certifying department and distribute the money among the departments as follows:
(A)
The registry operator shall send to the department of human services any amount certified by the department of human services.
(B)
Of any money remaining after the distribution, if any, to the department of human services pursuant to subsection (2)(b)(IV)(A) of this section, the registry operator shall send to the judicial department any amount certified by the judicial department.
(C)
Of any money remaining after the distribution, if any, to the judicial department pursuant to subsection (2)(b)(IV)(B) of this section, the registry operator shall send to the department of revenue any amount certified by a state agency in accordance with section
24-30-204.2
(2.5).
(V)
The department of human services shall process money received from the registry operator pursuant to subsection (2)(b)(IV) of this section in accordance with section
26-13-118.7
. The judicial department shall process money received from the registry operator pursuant to subsection (2)(b)(IV) of this section in accordance with the rules of the department of revenue. The department of revenue shall process money received from the registry operator pursuant to subsection (2)(b)(IV) of this section in accordance with the rules of the department of revenue.
(3)
The registry operator shall deduct an amount equal to the fee added to the outstanding debt pursuant to section
44-33-104 (7)
from each payment received from a licensee and forward the amount to the state treasurer for deposit in the gambling payment intercept cash fund created in section
44-33-106
.
Amended by 2021 Ch. 12, § 19, eff. 3/21/2021.
Renumbered from C.R.S. § 24-35-605 and amended by 2018 Ch. 15, § 2, eff. 10/1/2018.
Amended by 2013 Ch. 296, § 3, eff. 8/7/2013.
L. 2018: Entire article added with relocations, (SB 18 -035), ch. 255, p. 255, § 2, effective October 1. L. 2021: (2)(b)(IV)(C) and (2)(b)(V) amended, (SB 21 -055), ch. 81, p. 81, § 19, effective March 21.
This section is similar to former § 24-35-605 as it existed prior to 2018.