As used in this part 17, unless the context otherwise requires:
(1) Behavioral health administration means the behavioral health administration established pursuant to section 27-60-203 (5)(a).
(2) (a) Eligible applicant means:
(I) An agency of the state government;
(II) A local government; and
(III) Except as described in subsection (2)(b) of this section, a nonprofit organization.
(b) Eligible applicant does not include a nonprofit organization or a public or private nonprofit foundation that is:
(I) Affiliated with a person licensed under this article 30; or
(II) Fundamentally opposed to gaming.
(3) Fund means the responsible gaming grant program cash fund created in section 44-30-1702 (8).
(4) Grant program means the responsible gaming grant program created in section 44-30-1702 (1).
(5) Local government means a city, a county, or a city and county.
Source: L. 2022: Entire part added, (HB 22-1402), ch. 402, p. 2859, � 1, effective August 10.
44-30-1702. Responsible gaming grant program - creation - rules - application process - cash fund created - repeal. (1) The responsible gaming grant program is hereby created in the department to promote responsible gaming and address problem gaming in the state.
(2) (a) The commission, in collaboration with the behavioral health administration, shall administer the grant program and shall award grants as provided in this section. Grants shall be paid out of the fund.
(b) The commission may seek, accept, and expend gifts, grants, and donations for the purposes of the grant program. Any money received as gifts, grants, and donations by the commission shall be transferred to the state treasurer, who shall credit the money to the fund.
(3) The commission, in collaboration with the behavioral health administration, shall promulgate such rules as are required in this section and such additional rules as may be necessary to implement the grant program. At a minimum, the rules must specify the time frames for applying for grants, the form of the grant program application, and the time frames for distributing grant money.
(4) To receive a grant, an eligible applicant must submit an application to the commission in accordance with rules promulgated by the commission. At a minimum, the application must include the following information:
(a) The amount of grant money requested by the eligible applicant;
(b) How the eligible applicant will spend the grant money to address problem gaming or increase awareness of responsible gaming;
(c) Information concerning any current or past projects in which the eligible applicant has participated and that addressed responsible gaming or problem gaming; and
(d) Any other information required by rules promulgated by the commission pursuant to subsection (3) of this section.
(5) The commission shall review the applications received pursuant to this section. In awarding grants, the commission, in collaboration with the behavioral health administration, shall consider the following criteria:
(a) The current needs of the state relating to responsible or problem gaming;
(b) The overall impact that a proposed grant may have on responsible or problem gaming;
(c) The amount of money available in the fund;
(d) The amount of grant money requested by each eligible applicant;
(e) Whether the eligible applicant intends to use grant money for any of the following purposes:
(I) Prevention or education services concerning gambling addiction;
(II) Certification of gambling addiction counselors;
(III) Public awareness of services concerning gambling addiction;
(IV) Treatment of gambling addiction disorders;
(V) Recovery services; or
(VI) Data reporting and data systems; and
(f) Any other criteria established by rules promulgated by the commission pursuant to subsection (3) of this section.
(6) Grantees shall use grant money only for the purposes for which the grant money is awarded.
(7) (a) On or before September 1, 2023, and on or before September 1 each year thereafter through the year following the year after which a grantee fully expends its grant money, each grantee shall submit a report to the commission. At a minimum, the report must include the following information:
(I) An indication of whether the grantee achieved the objectives that the grantee described in its application for a grant;
(II) An evaluation of the results of the grantee's grant-funded project;
(III) A description of the impact of the grantee's use of grant money on the community with regard to responsible or problem gaming;
(IV) The total amount of grant money received and the total amount of grant money expended by the grantee; and
(V) Any other information that is required by rules promulgated by the commission pursuant to subsection (3) of this section.
(b) On or before December 1, 2023, and on or before December 1 each year thereafter for the duration of the grant program, the commission shall submit a summarized report to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or to any successor committees, and to the behavioral health administration concerning the grant program. At a minimum, the report must include the following information:
(I) The total number of grants, and the total amount of grant money, awarded by the grant program in the preceding state fiscal year;
(II) The identity of each grantee and the total amount of grant money awarded to each grantee in the preceding state fiscal year;
(III) The information reported by each grantee pursuant to subsections (7)(a)(II) and (7)(a)(III) of this section; and
(IV) Financial statements concerning the status of, and activities concerning, the fund.
(c) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement set forth in subsection (7)(b) of this section continues until the grant program repeals pursuant to subsection (9) of this section.
(8) (a) The responsible gaming grant program cash fund is hereby created in the state treasury. The fund consists of:
(I) Money transferred to the fund from the wagering revenue recipients hold-harmless fund pursuant to section 44-30-1509 (2)(c)(IV);
(II) Money transferred to the fund from the limited gaming fund pursuant to section 44-30-701 (2)(a)(VI.5);
(III) Any gifts, grants, and donations received pursuant to subsection (2)(b) of this section; and
(IV) Any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any money remaining in the fund at the end of a fiscal year remains in the fund.
(c) Money in the fund is annually appropriated to the department for use by the commission for the purposes described in this section. Any money that is awarded as a grant to any state agency is further annually appropriated to the state agency for use by the state agency consistent with this section.
(d) The commission may expend money from the fund to pay the direct and indirect administrative expenses incurred by the commission in administering the grant program; except that the total amount of money expended by the commission pursuant to this subsection (8)(d) in a state fiscal year may not exceed five percent of the total amount of grant money awarded by the commission in that state fiscal year.
(e) On August 31, 2032, the state treasurer shall transfer all unexpended and unencumbered money in the fund on that date to the general fund.
(9) This section is repealed, effective September 1, 2032. Before the repeal, the grant program is scheduled for review in accordance with section 24-34-104.
Source: L. 2022: Entire part added, (HB 22-1402), ch. 402, p. 2860, � 1, effective August 10.
44-30-1703. Exclusion of certain individuals from participation in gaming activities - duties of division - mechanism for self-exclusion - confidential records - rules. (1) (a) On and after January 1, 2023, the division shall operate a program to:
(I) Exclude the following individuals from participation in gaming activities in the state:
(A) Individuals who have voluntarily requested to be excluded pursuant to subsection (2)(a) of this section; and
(B) Individuals who are required by the commission to be excluded or ejected from any licensed gaming establishment pursuant to subsection (3) or (4) of this section; and
(II) Exclude from certain sports betting individuals who are prohibited from placing wagers on certain sporting events pursuant to section 44-30-1502.
(b) The division shall operate the program in accordance with rules promulgated by the commission pursuant to this section.
(2) (a) The division shall include in the program described in subsection (1) of this section mechanisms by which individuals may request to be excluded from participation in gaming activities in the state, as described in subsection (1)(a)(I)(A) of this section. The mechanisms must include the receipt of such requests by the division in written, electronic, and telephonic form.
(b) Notwithstanding any other provision of law, the personal identifying information of the following individuals is confidential and is not subject to the requirements of the Colorado Open Records Act, part 2 of article 72 of title 24:
(I) Individuals who request to be excluded from participation in gaming activities in the state pursuant to subsection (2)(a) of this section; and
(II) Individuals who are prohibited from placing wagers on certain sporting events pursuant to section 44-30-1502 and are therefore excluded from certain sports betting pursuant to subsection (1)(a)(II) of this section.
(3) (a) The commission shall by rule provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment, including any person whose presence in the establishment is determined to pose a threat to the interest of the state or to licensed gaming. In making the determination for exclusion, the commission may consider any of the following:
(I) Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of the laws or gaming rules of any other state, the United States or any of its possessions or territories, or an Indian tribe;
(II) A violation, an attempt to violate, or a conspiracy to violate the provisions of this article 30 relating to:
(A) The failure to disclose an interest in a gaming establishment for which the person must obtain a license or to make disclosures to the commission; or
(B) Intentional evasion of fees or taxes;
(III) A reputation that would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive influences;
(IV) Prior exclusion or ejection from a gaming establishment under the laws or gaming rules of any other state, the United States or any of its possessions or territories, or an Indian tribe; or
(V) Career or professional offenders or associates of career or professional offenders and any others as defined by rule of the commission.
(b) If the name and description of any person is placed on the list of persons to be excluded or ejected described in this subsection (3), the commission shall serve notice of that action upon the person by personal service, by certified mail to the last-known address of the person, or by publication in one or more official newspapers in Teller and Gilpin counties in Colorado. A person placed upon the exclusion and ejection list may contest that action by filing a written protest with the commission, and the commission shall hear the protest as a contested case.
(c) The commission may impose sanctions upon any licensee in accordance with the provisions of this article 30 if the licensee knowingly fails to exclude or eject from the licensed premises any person placed by the commission on the list of persons to be excluded or ejected from licensed gaming establishments pursuant to this subsection (3), which sanctions may include suspension, revocation, limitation, modification, denial, or restriction of any license.
(4) (a) The commission, by rule, and notwithstanding the provisions of subsection (3) of this section, may list persons to be excluded or ejected from any licensed gaming establishment if the commission finds that listing the persons on an emergency basis is necessary to avoid danger to the public safety and if the public confidence and trust would be maintained only if the persons are listed on such an emergency basis.
(b) Notwithstanding the provisions of section 24-4-103 (6), the listing of a person to be excluded or ejected pursuant to this subsection (4) expires one year after the adoption of the list, unless the provisions of subsection (3) of this section are followed for permanent listing.
(c) With respect to the finding of danger to public safety, the commission shall consider whether a person has been listed on the list of persons to be excluded or ejected under the laws and gaming rules of the states of Nevada, New Jersey, or South Dakota or any other states; the United States or its territories or possessions; or an Indian tribe.
(d) Any rule adopted pursuant to this subsection (4) shall be followed within thirty days after the emergency listing by the procedures set forth in subsection (3) of this section. A listing pursuant to this subsection (4) must be vacated upon the conclusion of the rule-making proceeding initiated under subsection (3) of this section if the commission determines that a person should not have been placed on the list of persons to be excluded or ejected.
(5) On or before November 1, 2022, the commission shall promulgate rules for the operation of the program described in subsections (1) and (2) of this section. The rules must include the establishment of a list of individuals to be excluded or ejected from all gaming activities in the state pursuant to subsection (1)(a) of this section, which list is accessible to all licensed gaming operators, including sports betting operators and internet sports betting operators.
Source: L. 2022: Entire part added, (HB 22-1402), ch. 402, p. 2863, � 1, effective August 10.
Editor's note: This section is similar to former � 44-30-1001 (2), (3), and (4) and � 44-30-1002 as they existed prior to 2022. For a detailed comparison of this section, see HB 22-1402, L. 2022, p. 2859.