reglab/statecodes huggingface dataset:
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 6 - UNLAWFUL ACTS (§§ 44-32-601 — 44-32-605) › Section 44-32-603 - Duration of meets

(1)
It is unlawful to conduct any race meet at which wagering is permitted except under the provisions of this article 32. It is lawful to conduct pari-mutuel wagering on live horse races that are part of a race meet licensed and conducted under this article 32. The duration of a horse race meet at a class B track is as specified in section
44-32-102(3)
; except that the commission may prescribe a lesser number of race days in the event of unforeseen circumstances or acts of God.
(2)
A race day is any period of twenty-four hours beginning at 12 midnight Colorado time and included in the period of a race meet and upon which day live racing is held. Dark days within a race meet are not counted as race days. Days on which an in-state simulcast facility that is a track receives simulcast races but does not conduct live races are not counted as race days. Subject to this article 32, the commission shall determine the number and kind of race meets to be held at any one track; however, race meet days are permitted on Sundays.
(3)
In order to promote live racing of horses throughout the state of Colorado, the commission, when determining the number and kind of race meets held and the dates and times of races held at race meets, may take into consideration the interests of the racing industry as a whole throughout the state but shall give particular consideration to the racing dates and times requested by or assigned to the following:
(a)
In the case of class A tracks, other class A tracks; and
(b)
In the case of class B tracks, other class B tracks.
(4)
The commission shall determine, consistent with all other provisions of this article 32, the total number of races conducted and performances held during a race meet.
Renumbered from C.R.S. § 12-60-603 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
Amended by 2014 Ch. 25,§ 8, eff. 3/10/2014.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 311, § 2, effective October 1.
This section is similar to former § 12-60-603 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 6 - UNLAWFUL ACTS (§§ 44-32-601 — 44-32-605) › Section 44-32-604 - [Effective until 10/1/2024] Greyhound racing prohibited

No live greyhound racing involving the betting or wagering on the speed or ability of the greyhounds racing shall be conducted in Colorado. The commission shall not accept or approve an application or request for race dates for live greyhound racing in Colorado.
Renumbered from C.R.S. § 12-60-604 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
Added by 2014 Ch. 25, § 9, eff. 3/10/2014.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 311, § 2, effective October 1.
This section is similar to former § 12-60-604 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 6 - UNLAWFUL ACTS (§§ 44-32-601 — 44-32-605) › Section 44-32-604 - [Effective 10/1/2024] Greyhound racing prohibited

(1)
No live greyhound racing involving the betting or wagering on the speed or ability of the greyhounds racing shall be conducted in Colorado. The commission shall not accept or approve an application or request for race dates for live greyhound racing in Colorado.
(2)
Notwithstanding the provisions of this article 32 or any other general or specific law to the contrary, it is unlawful in Colorado to wager on any race of greyhounds that is conducted at, and simulcast from, a track that is outside of Colorado.
Amended by 2023 Ch. 339,§ 5, eff. 10/1/2024.
Renumbered from C.R.S. § 12-60-604 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
Added by 2014 Ch. 25, § 9, eff. 3/10/2014.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 311, § 2, effective October 1.
This section is similar to former § 12-60-604 as it existed prior to 2018.
2023 Ch. 339, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 6 - UNLAWFUL ACTS (§§ 44-32-601 — 44-32-605) › Section 44-32-605 - Wagering on historic races - definitions

(1)
The state, a municipality, city and county, county, or any state or local agency, board, commission, or official thereof, shall not approve or permit the use of a racing replay and wagering device.
(2)
A licensee shall not operate, offer to operate, or use a racing replay and wagering device or allow any person to use a racing replay and wagering device to place a wager on any previously run sporting event.
(3)
This section does not apply to a simulcast race.
(4)
As used in this section, unless the context otherwise requires:
(a)
"Racing replay and wagering device" means a mechanical, electronic, or computerized piece of equipment that:
(I)
Can display a previously run sporting event, regardless of how the sporting event is displayed, rebroadcast, or replayed; and
(II)
Gives a player who places a wager on the outcome of the previously run sporting event an opportunity to win a thing of value, whether due to the skill of the player, chance, or both.
(b)
"Sporting event" means a contest in which animals, people, or machines compete individually or as teams for the purpose of winning a race, game, contest, or other competition.
(c)
"Wager" means to place at risk of loss any valuable consideration, including coin, currency, or the electronic equivalent of any coin or currency.
Renumbered from C.R.S. § 12-60-605 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
Added by 2016 Ch. 306,§ 1, eff. 8/10/2016.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 312, § 2, effective October 1.
This section is similar to former § 12-60-605 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 7 - TAXES AND FEES (§§ 44-32-701 — 44-32-707) › Section 44-32-703 - Pari-mutuel pools for race meets and simulcast races

(1)
The pari-mutuel pool for a horse race meet and for simulcast races of the race meet shall be an intrastate common pool; except that, if the simulcast races are received by an out-of-state simulcast facility, the pari-mutuel pool may be an interstate common pool, and, in that case, it shall be operated by the in-state host track conducting the horse race meet.
(2)
An in-state simulcast facility receiving simulcast races from an out-of-state host track may participate either in a pari-mutuel pool into which only the pari-mutuel wagers on the simulcast races that are placed at the in-state simulcast facility are taken or in an interstate common pool. The commission shall permit an operator of an in-state simulcast facility participating in an interstate common pool to adopt the takeout percentage of the out-of-state host track for the interstate common pool.
Renumbered from C.R.S. § 12-60-703 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
Amended by 2014 Ch. 25,§ 11, eff. 3/10/2014.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 317, § 2, effective October 1.
This section is similar to former § 12-60-703 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 7 - TAXES AND FEES (§§ 44-32-701 — 44-32-707) › Section 44-32-704 - [Effective until 10/1/2024] Limitations on pari-mutuel wagering

(1)
Wagers on pari-mutuel horse or greyhound races conducted in or out of this state may only be placed upon the premises of a racetrack or an in-state simulcast facility licensed by the commission or the out-of-state racetrack or simulcast facility as authorized by the commission. No wagering or betting on the results of any of the races licensed under this article 32 shall be conducted outside a licensed or approved racetrack or simulcast facility.
(2)
(a)
No person or agent or employee of any person shall place, receive, offer, or agree to place or receive a wager on a pari-mutuel horse or greyhound race, conducted in or broadcast in this state, by messenger, telephone, telegraph, facsimile machine, or other electronic device; except that this subsection (2) shall not apply to associations or simulcast facilities licensed by the commission. Nothing in this section shall be construed to prohibit gambling as provided in section
18-10-102(2)(d)
.
(b)
Any person who violates subsection (2)(a) of this section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Renumbered from C.R.S. § 12-60-703.5 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 317, § 2, effective October 1.
This section is similar to former § 12-60-703.5 as it existed prior to 2018.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 7 - TAXES AND FEES (§§ 44-32-701 — 44-32-707) › Section 44-32-704 - [Effective 10/1/2024] Limitations on pari-mutuel wagering

(1)
Wagers on pari-mutuel horse races conducted in or out of this state may be placed only upon the premises of a racetrack or an in-state simulcast facility licensed by the commission or the out-of-state racetrack or simulcast facility as authorized by the commission. No wagering or betting on the results of any of the races licensed under this article 32 shall be conducted outside a licensed or approved racetrack or simulcast facility.
(2)
(a)
No person or agent or employee of any person shall place, receive, offer, or agree to place or receive a wager on a pari-mutuel horse race, conducted in or broadcast in this state, by messenger, telephone, telegraph, facsimile machine, or other electronic device; except that this subsection (2) shall not apply to associations or simulcast facilities licensed by the commission. Nothing in this section shall be construed to prohibit gambling as provided in section
18-10-102(2)(d)
.
(b)
Any person who violates subsection (2)(a) of this section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2023 Ch. 339,§ 8, eff. 10/1/2024.
Renumbered from C.R.S. § 12-60-703.5 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 317, § 2, effective October 1.
This section is similar to former § 12-60-703.5 as it existed prior to 2018.
2023 Ch. 339, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 7 - TAXES AND FEES (§§ 44-32-701 — 44-32-707) › Section 44-32-705 - Horse breeders' and owners' awards and supplemental purse fund - awards - advisory committee - rules

(1)
There is hereby created a fund, to be known as the horse breeders' and owners' awards and supplemental purse fund, referred to in this section as the "fund", that shall consist of money deposited thereto by the licensee for the racing of horses and by an operator of an in-state simulcast facility that receives simulcast races of horses for the purposes of this section, to be held in a trust account, which money shall be paid out to owners and breeders of Colorado-bred horses as provided in this section and by rules of the commission. The rules shall provide for an administrative fee to be paid to the Colorado horse breeder associations for registering and maintaining breeding records for the administration of the fund. The fees shall not exceed ten percent of the total money generated by the unclaimed pari-mutuel tickets and the money provided by section
44-32-701(2)(b)
.
(2)
The money derived pursuant to section
44-32-701(2)(b)
shall be paid to a trust account for the fund on the fifteenth day of the calendar month immediately following the month in which the sum was received. In addition, the proceeds derived from all unclaimed pari-mutuel tickets for each horse race meet and for each simulcast race of horses received by an in-state simulcast facility shall be paid to a trust account for the fund after a period of one year following the end of the race meet.
(3)
After money from the fund has been distributed to the respective breeder associations, further distribution shall be governed by the bylaws of the associations. Nothing in this section shall be construed to prohibit the distribution of money from the fund to owners and breeders of Colorado-bred horses that are otherwise eligible under the bylaws of the associations and that run in races outside Colorado.
(4)
Notwithstanding section
24-30-204
, the commission may establish by rule a period for distribution of money in the fund that is not consistent with the state's general fiscal-year period.
(5)
Any money credited to the fund and not distributed within three years shall be paid, as authorized by the commission, either:
(a)
As purses for races held at live race meets in Colorado; or
(b)
As fees required for participation in an interstate compact to which Colorado is a party pursuant to section
44-32-202(4)
.
Renumbered from C.R.S. § 12-60-704 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 318, § 2, effective October 1.
This section is similar to former § 12-60-704 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 7 - TAXES AND FEES (§§ 44-32-701 — 44-32-707) › Section 44-32-706 - Payments to state - disposition

(1)
(a)
Except as otherwise provided in subsection (1)(b) of this section and in sections
44-32-701
,
44-32-702(1)
, and
44-32-705
, all sums referred to in sections
44-32-701
,
44-32-702(1)
, and
44-32-705
, including all sums collected for license fees and fines pursuant to the provisions of this article 32, shall be paid to the department through the division on the tenth business day of the month immediately following the month in which each performance took place, and the licensee shall make a return as required by rules of the commission.
(b)
In temporary or emergency situations, a licensed operator for the racing of animals, with the approval of and under the direction of the director or the director's designee, may provide for veterinary services as described in section
44-32-202(3)
, at the licensed operator's expense, and the expense thus incurred may be deducted from the payment made to the department in accordance with subsection (1)(a) of this section; except that the amount deducted shall not exceed the amount set by the commission for those veterinary services.
(2)
All money collected by the department through the division shall, on the next business day following the receipt thereof, be transmitted to the state treasurer, who shall credit the same to the general fund of the state; except that license fees established and collected by the director pursuant to section
44-32-202(3)(h)
shall be credited to the racing cash fund created in section
44-32-205
. The department shall have all the powers, rights, and duties provided in article
21
of title
39
to carry out the collection.
(3)
The general assembly shall annually appropriate from the racing cash fund created in section
44-32-205
the direct and indirect costs of administering this article 32.
(4)
Any person who fails to make a return or pay any tax required under this article 32 shall be liable for penalties and interest as follows:
(a)
A penalty of the greater of fifteen dollars for each failure to make a return and for each failure to pay a tax when due, or ten percent thereof plus one-half percent per month from the date when due, not exceeding eighteen percent, in the aggregate; and
(b)
Interest on any tax due, from the date due, at the rate specified in section
39-21-110.5
.
Renumbered from C.R.S. § 12-60-705 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 318, § 2, effective October 1.
This section is similar to former § 12-60-705 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 7 - TAXES AND FEES (§§ 44-32-701 — 44-32-707) › Section 44-32-707 - Agreement of this state

In the event any county or municipality development revenue bonds are issued in reliance on the provisions of this article 32, the state of Colorado does hereby covenant and agree with the holders of any such bonds that the state will not limit or alter the rights or powers of the owners of the bonds or to repeal, amend, or otherwise directly or indirectly modify this article 32 or the effect thereof as to the assessments, fees, charges, pledged revenues, or any combination thereof in such a manner as to impair adversely any such outstanding bonds, until all such bonds have been paid and discharged in full or provision for their payment and redemption has been fully made. The covenant and agreement may be included in any agreement with the holders of the bonds.
Renumbered from C.R.S. § 12-60-706 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 319, § 2, effective October 1.
This section is similar to former § 12-60-706 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 8 - ENFORCEMENT AND PENALTIES (§§ 44-32-801 — 44-32-803) › Section 44-32-801 - Criminal and civil penalties

(1)
Except as provided in section
44-32-601
, any person who commits any of the acts enumerated in section
44-32-507 (1)
, other than those that also constitute crimes under the "Colorado Criminal Code", title 18, commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(2)
Any person who violates any rule of the commission promulgated under the authority granted in this article 32, other than those that also constitute crimes under the "Colorado Criminal Code", title 18, commits a civil infraction.
(3)
The penalties set forth in this section are cumulative and do not preclude the imposition of civil or administrative penalties, sanctions, actions against licenses or registrations, or any other penalties otherwise authorized.
Amended by 2021 Ch. 462, § 799, eff. 3/1/2022.
Renumbered from C.R.S. § 12-60-801 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18 -1024), ch. 320, p. 320, § 2, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 3331, p. 3331, § 799, effective 3/1/2022.
(1) This section is similar to former § 12-60-801 as it existed prior to 2018.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 8 - ENFORCEMENT AND PENALTIES (§§ 44-32-801 — 44-32-803) › Section 44-32-802 - Cancellation of license

In case of a willful violation of this article 32 by a person holding a license, the commission, upon conviction of the offender, may cancel the offender's license, and the cancellation shall operate as a forfeiture of all rights and privileges granted by the commission and of all sums of money paid to the department through the division by the offender, and the action of the commission in this respect shall be final.
Renumbered from C.R.S. § 12-60-802 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 320, § 2, effective October 1.
This section is similar to former § 12-60-802 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 8 - ENFORCEMENT AND PENALTIES (§§ 44-32-801 — 44-32-803) › Section 44-32-803 - Exclusion from licensed premises

The commission or the division may exclude from any and all licensed premises any person who has been convicted of a felony under the laws of this or any other state or of the United States, subject to the provisions of section
24-5-101
. Any person so excluded by the commission or the division has a right to a hearing before the commission as to the basis of the exclusion, subject to the provisions of section
24-4-104
. No such person shall enter or remain upon premises owned by any licensee conducting a race meet or operating a simulcast facility under the jurisdiction of the commission, and all such persons, upon discovery or recognition, shall be forthwith excluded or ejected from the premises. Any person so ejected or excluded from the premises of any licensee shall be denied admission to its premises and the premises of all other licensees of the commission until permission for entering has thereafter been obtained from the commission. The commission may also exclude any person from the licensed premises who willfully violates any of the provisions of this article 32 or any rule issued by the commission.
Renumbered from C.R.S. § 12-60-803 and amended by 2018 Ch. 26,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 320, § 2, effective October 1.
This section is similar to former § 12-60-803 as it existed prior to 2018.
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 32 - RACING (§§ 44-32-101 — 44-32-901) › Part 9 - REVIEW AND TERMINATION PROVISIONS (§ 44-32-901) › Section 44-32-901 - Repeal of article - review of functions

This article 32 is repealed, effective September 1, 2032. Before its repeal, the division and its functions are scheduled for review in accordance with section
24-34-104
.
Amended by 2023 Ch. 329,§ 2, eff. 8/7/2023.
Renumbered from C.R.S. § 12-60-901 and amended by 2018 Ch. 26, § 2, eff. 10/1/2018.
Amended by 2016 Ch. 109, § 1, eff. 4/15/2016.
L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 320, § 2, effective October 1.
This section is similar to former § 12-60-901 as it existed prior to 2018.
2023 Ch. 329, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
Pursuant to § 44-32-103 , the division and the commission are subject to the termination schedule in § 24-34-104 .
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 44-33-101 - Short title

The short title of this article 33 is the "Gambling Payment Intercept Act".
Renumbered from C.R.S. § 24-35-601 and amended by 2018 Ch. 15,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-035), ch. 15, p. 252, § 2, effective October 1.
This section is similar to former § 24-35-601 as it existed prior to 2018.
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 44-33-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Parents should provide financial support to their minor children who cannot care for themselves;
(b)
The state should intervene when parents fail to meet their support obligations;
(c)
Children are adversely affected when parents divert their financial support to limited gaming, sports betting, and pari-mutuel wagering;
(d)
A parent's winnings from money diverted from a child's support should be applied to the parent's outstanding support obligations;
(e)
Section
44-30-102 (1)(c)
of the "Limited Gaming Act of 1991" recognizes that the limited gaming industry must be assisted in protecting the general welfare of the people of the state;
(f)
Victims of crime and all the people of the state are adversely affected when criminal offenders divert restitution to limited gaming, sports betting, and pari-mutuel wagering;
(g)
A criminal offender's winnings from money diverted from restitution should be applied to the offender's outstanding criminal court obligations;
(h)
An uncollected debt to the state should be deducted from a person's winnings.
Amended by 2022 Ch. 405, § 12, eff. 7/1/2023.
Renumbered from C.R.S. § 24-35-602 and amended by 2018 Ch. 15, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-035), ch. 15, p. 252, § 2, effective October 1.
This section is similar to former § 24-35-602 as it existed prior to 2018.
2022 Ch. 405, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 44-33-104 - Registry - creation - information

(1)
The department of revenue shall create and maintain, or contract with a private entity pursuant to section
44-33-108
to create and maintain, the registry in accordance with this section.
(2)
On and after the date that the judicial department receives notice from the department of revenue pursuant to section
44-33-106(2)(b)(I)
, the judicial department shall certify to the registry operator the information indicated in subsection (6) of this section regarding persons with an outstanding debt as specified in section
44-33-103(2)(a)(II)
.
(3)
The department of human services shall certify to the registry operator the information indicated in subsection (6) of this section regarding each child support obligor with an outstanding debt as specified in section
44-33-103(2)(a)(I)
.
(4)
On and after January 1, 2021, the state agencies shall certify to the registry operator the information indicated in subsection (6) of this section regarding each person with an outstanding debt as specified in section
44-33-103(2)(a)(III)
.
(5)
The registry operator shall enter in the registry the information certified to the registry operator by the judicial department, the department of human services, and a state agency pursuant to subsections (2), (3), and (4) of this section.
(6)
The registry shall contain the following information:
(a)
The name of each person with an outstanding debt;
(b)
The social security number of each person with an outstanding debt;
(c)
The account or case identifier assigned to the outstanding debt by the department of revenue that certified the information to the registry operator;
(d)
The name, telephone number, and address of the department of revenue that certified the information to the registry operator regarding each person with an outstanding debt; and
(e)
The amount of the outstanding debt.
(7)
On and after the date that the judicial department receives notice from the department of revenue pursuant to section
44-33-106(2)(b)(I)
, the registry operator shall add a fee of twenty-five dollars to each outstanding debt certified by a department of revenue pursuant to this section.
Amended by 2021 Ch. 12,§18, eff. 3/21/2021.
Amended by 2019 Ch. 390,§71, eff. 8/2/2019.
Renumbered from C.R.S. § 24-35-604 and amended by 2018 Ch. 15,§2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-035), ch. 254, p. 254, §2, effective October 1. L. 2019: (1), (2), (6)(c), (6)(d), and (7) amended, (SB 19-241), ch. 3481, p. 3481, § 71, effective August 2. L. 2021: (4) and (5) amended, (SB 21-055), ch. 81, p. 81, § 18, effective March 21.
This section is similar to former § 24-35-604 as it existed prior to 2018.
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 44-33-106 - Gambling payment intercept cash fund - creation - gifts, grants, or donations - intercepts for restitution

(1)
There is hereby created in the state treasury the gambling payment intercept cash fund, referred to in this section as the "fund". The fund shall consist of any money deposited in the fund pursuant to section
44-33-105(3)
, any other money appropriated to the fund by the general assembly, and any gifts, grants, or donations from private or public sources, that the department is hereby authorized to seek and accept for the purposes set forth in this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund.
(2)
(a)
The money in the fund is continuously appropriated to the department of revenue for the purpose of expanding the program established by this article 33 to include intercepts of restitution that a person has been ordered to pay pursuant to section
18-1.3-603
or
19-2.5-1104
, as certified by the judicial department. As soon as there is sufficient money in the fund, the department of revenue shall expand the program for that purpose.
(b)
Once the intercept program has been expanded as described in subsection (2)(a) of this section:
(I)
The department of revenue shall notify the judicial department and the registry operator that the judicial department may begin certifying outstanding debt pursuant to section
44-33-104(2)
; and
(II)
Money in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the administration of this article 33.
(c)
Any money in the fund not expended for the purposes set forth in subsections (2)(a) and (2)(b) of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred or revert to the general fund or any other fund.
Amended by 2021 Ch. 136,§143, eff. 10/1/2021.
Amended by 2020 Ch. 216,§75, eff. 6/30/2020.
Renumbered from C.R.S. § 24-35-605.5 and amended by 2018 Ch. 15,§2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-035), ch. 256, p. 256, §2, effective October 1. L. 2020: (1) amended, (HB 20-1402), ch. 1060, p. 1060, § 75, effective June 30. L. 2021: (2)(a) amended, (SB 21-059), ch. 753, p. 753, § 143, effective October 1.
This section is similar to former § 24-35-605.5 as it existed prior to 2018.
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 44-33-107 - Liability - immunity

(1)
A licensee that fails to comply with the provisions of section
44-33-105
shall be subject to sanctions by its licensing authority pursuant to sections
44-30-524(1)
and
44-32-507(1)
.
(2)
A licensee that makes a payment to a winner in violation of section
44-33-105
shall not be liable to the person to whom the winner owes an outstanding debt.
(3)
Except as provided in this section, a licensee shall be immune from civil and criminal liability for acting in compliance with the provisions of this article 33.
Amended by 2018 Ch. 26,§ 17, eff. 10/1/2018.
Renumbered from C.R.S. § 24-35-606 and amended by 2018 Ch. 15,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-035), ch. 15, p. 257, § 2, effective October 1; (1) amended, (HB 18-1024), ch. 26, p. 323, § 17, effective October 1.
(1) This section is similar to former § 24-35-606 as it existed prior to 2018.
(2) Subsection (1) of this section was numbered as § 24-35-606(1) in HB 18-1024. That provision was harmonized with and relocated to this section as this section appears in SB 18-035.
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 44-33-108 - Contracting authority - memoranda of understanding - rules

(1)
The executive director may enter into a contract with a private entity, in accordance with the "Procurement Code", articles
101
to
112
of title
24
, to create and maintain the registry.
(2)
The department of revenue may enter into memoranda of understanding with the judicial department, the department of human services, and the department of personnel to implement this article 33. If the registry is operated by a private entity pursuant to this section, the registry operator may enter into memoranda of understanding with the judicial department, the department of human services, and the department of personnel to implement this article 33.
(3)
The executive director shall promulgate rules in accordance with article
4
of title
24
to implement this article 33. The rules shall include, but need not be limited to, rules regarding:
(a)
The removal from the registry of information regarding persons who satisfy their outstanding debts;
(b)
The manner in which a licensee shall communicate with the registry, including the information a licensee shall submit to the registry and the procedures to be followed if the registry is inaccessible due to technical or other problems;
(c)
The protection of the confidentiality of information in the registry; and
(d)
The circumstances and means by which an outstanding debt may be collected from a licensee pursuant to section
44-33-105(2)(b)(IV)
.
(4)
The executive director shall promulgate a rule in accordance with article
4
of title
24
allowing a licensee to retain at least thirty dollars of each payment withheld pursuant to this article 33 to cover the licensee's costs of compliance with this article 33, which amount shall be added to the debtor's outstanding debt.
Renumbered from C.R.S. § 24-35-607 and amended by 2018 Ch. 15,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (SB 18-035), ch. 15, p. 257, § 2, effective October 1.
This section is similar to former § 24-35-607 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-101 - Definitions

As used in this article 40, unless the context otherwise requires:
(1)
"Cash prize" means any prize paid in cash in its entirety, including any expenditures made to fund Colorado or multistate prize reserves.
(2)
"Commission" means the Colorado lottery commission.
(3)
"Director" means the director of the state lottery division.
(4)
"Division" means the state lottery division.
(5)
"Lottery" means any and all lotteries created and operated pursuant to this article 40, including, without limitation, the game commonly known as lotto, in which prizes are awarded on the basis of designated numbers conforming to numbers selected at random, electronically or otherwise, by or at the direction of the commission, and any multistate lottery or game that is authorized by a multistate agreement to which the division is party. All references in this article 40 to "the lottery" shall be construed to include any or all lotteries within the meaning of this subsection (5). "Lottery" shall not include a promotional drawing as defined in subsection (8) of this section.
(6)
"Multistate agreement" means an agreement entered into by the division and at least one other state's lottery authority that authorizes the division to allow Colorado residents to participate in one or more multistate lotteries pursuant to rules promulgated by the commission.
(7)
"Noncash prize" means any prize paid in merchandise or a combination of cash and merchandise.
(8)
"Promotional drawing" means a prize promotion involving the conduct of giveaways through the use of free chances, including the use of nonwinning tickets from existing or prior games, for purposes of commercial advertisement of the lottery, the creation of goodwill, the promotion of new lottery products, or the collection of names.
Renumbered from C.R.S. § 24-35-201 and amended by 2018 Ch. 31,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 334, § 2, effective October 1.
This section is similar to former § 24-35-201 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-102 - State lottery division - creation - location - enterprise status

(1)
(a)
There is hereby created, within the department, the state lottery division, the head of which is the director of the state lottery division, who shall be appointed and subject to removal by the executive director in accordance with section 13 of article XII of the state constitution. The state lottery division shall be headquartered in the city of Pueblo in facilities provided at the expense of the lottery division.
(b)
The state lottery division and the Colorado lottery commission, created in section
44-40-108
, shall constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as the commission retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants, as defined in section
24-77-102(7)
, from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this section, the state lottery division and the Colorado lottery commission shall not be subject to any of the provisions of section 20 of article X of the state constitution.
(2)
The state lottery division, including the Colorado lottery commission created in section
44-40-108
, and the director of the state lottery division are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions specified in this article 40 under the department; except that the commission has full and exclusive authority to promulgate rules related to the lottery without any approval by, or delegation of authority from, the department.
(3)
For purposes of part 2 of article
72
of title
24
, the records of the division and the commission shall be public records, as defined in section
24-72-202(6)
, regardless of whether the state lottery division and the Colorado lottery commission constitute an enterprise pursuant to subsection (1) of this section.
Amended by 2022 Ch. 469,§37, eff. 8/10/2022.
Renumbered from C.R.S. § 24-35-202 and amended by 2018 Ch. 31,§2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 335, § 2, effective October 1.
This section is similar to former § 24-35-202 as it existed prior to 2018.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-103 - Function of division

The function of the division is to establish, operate, and supervise the lottery authorized by section 2 of article XVIII of the state constitution, as approved by the electors.
Renumbered from C.R.S. § 24-35-203 by 2018 Ch. 31,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 336, § 2, effective October 1.
This section is similar to former § 24-35-203 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-105 - Executive director - duties

(1)
It shall be the executive director's duty:
(a)
To enter into contracts for materials, equipment, and supplies to be used in the operation of the lottery, for the design and installation of games or lotteries, and for promotion of the lottery. No contract shall be legal or enforceable that provides for the management of the lottery or for the entire operation of its games by any private person, firm, or corporation, because management of the lottery and control over the operation of its games shall remain with the state; except that management of and control over the operation of a multistate lottery shall be determined by the terms of a multistate agreement. Except for advertising and promotional contracts, when a contract other than a multistate agreement is awarded, a performance bond satisfactory to the executive director, executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the state, in an amount set annually by the executive director shall be delivered to the state and shall become binding on the parties upon execution of the contract.
(b)
To annually prepare and submit to the commission a proposed budget for the ensuing fiscal year, which budget shall present a complete financial plan setting forth all proposed expenditures and anticipated revenues of the division. The fiscal year of the division shall commence on July 1 and end on June 30 of each year.
Renumbered from C.R.S. § 24-35-204.5 and amended by 2018 Ch. 31,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 338, § 2, effective October 1.
This section is similar to former § 24-35-204.5 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-112 - Audits and annual reports

(1)
The lottery fund shall be audited at least annually by or under the direction of the state auditor, who shall submit a report of the audit to the legislative audit committee. The annual audit shall include compliance with section 3 of article XXVII of the state constitution. The expenses of the audit shall be paid from the lottery fund.
(2)
[Repealed by 2024 amendment.]
Amended by 2024 Ch. 34,§ 41, eff. 3/22/2024.
Renumbered from C.R.S. § 24-35-211 and amended by 2018 Ch. 31, § 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 352, § 2, effective October 1.
This section is similar to former § 24-35-211 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-114 - Prizes - lottery winnings offset for restitution, fines, fees, costs, or surcharges

(1)
Prior to the payment of any lottery winnings required by rule of the commission to be paid only at the lottery offices, the department of revenue shall require the winner to submit the winner's social security number and federal employer identification number, if applicable, and shall check the social security number of the winner with those certified by the judicial department for the purpose of the state lottery winnings offset as provided in sections
16-11-101.8
and
16-18.5-106.5
. The social security number and the federal employer identification number shall not become part of the public record of the department of revenue.
(2)
If the social security number of a lottery winner appears among those certified by the judicial department, the department of revenue shall suspend the payment of the winnings until the requirements of sections
16-11-101.8
and
16-18.5-106.5
are met. If, after consulting with the judicial department, the department of revenue determines that the lottery winner is obligated to pay the amounts certified under sections
16-11-101.8
and
16-18.5-106.5
, then the department of revenue shall withhold from the amount of winnings paid to the lottery winner an amount equal to the amount that is due or, if the amount of winnings is less than or equal to the amount due, shall withhold the entire amount of the lottery winnings. Any money so withheld shall be transmitted to the state treasurer for disbursement as directed in sections
16-11-101.8(2)
and
16-18.5-106.5(3)
.
(3)
If a lottery winner owes a child support debt or arrearages or child support costs as described in section
44-40-113(6)
, and also owes restitution, fines, fees, costs, or surcharges as described in sections
16-11-101.8
and
16-18.5-106.5
, the lottery winnings offset against the child support debt or arrearages or costs shall take priority and be applied first. The remaining lottery winning money, if any, shall be applied second toward the payment of outstanding restitution, and then toward fines, fees, costs, or surcharges and processed in accordance with this section.
Amended by 2019 Ch. 238,§ 4, eff. 8/2/2019.
Renumbered from C.R.S. § 24-35-212.5 and amended by 2018 Ch. 31,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 356, § 2, effective October 1.
This section is similar to former § 24-35-212.5 as it existed prior to 2018.
2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123) › Section 44-40-115 - Legal services

(1)
The attorney general shall provide legal services for the division and the commission at the request of the director or the commission. The attorney general shall make reasonable efforts to ensure that there is continuity in the legal services provided and that the attorneys providing legal services to the division and the commission have expertise in the field.
(2)
The director shall cause the attorney general to make investigations and to prosecute and defend, on behalf of and in the name of the division, suits and proceedings for any of the purposes necessary and proper for carrying out the functions of the division.
(3)
Expenses of the attorney general incurred in the performance of his or her responsibilities under this section shall be paid from the lottery fund.
Renumbered from C.R.S. § 24-35-213 and amended by 2018 Ch. 31,§ 2, eff. 10/1/2018.
L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 357, § 2, effective October 1.
This section is similar to former § 24-35-213 as it existed prior to 2018.