Pursuant to C.R.S. 12-9-103 and rulemaking provisions of the State Administrative Procedure Act, C.R.S. 24-4-103.5, I, Donetta Davidson, Colorado Secretary of State and bingo-raffle licensing authority, do hereby adopt and give NOTICE of the adoption this 19th day of June, 2001, of repeal of sections 9 and 10 of Rule 13 of the Rules Regulating Bingo and Raffles.

Donetta Davidson
Secretary of State

Signed
By William A. Hobbs
Deputy Secretary of State

Notice of Temporary Adoption

Pursuant to C.R.S. 12-9-103 and the rulemaking provisions of the State Administrative Procedure Act, C.R.S. 24-4-103.5, I, Donetta Davidson, Colorado Secretary of State and bingo-raffle licensing authority, do hereby adopt and give NOTICE of temporary adoption this 19th day of June, 2001, effective this date, of repeal of sections 9 and 10 of Rule 13 of the Rules Regulating Bingo and Raffles.

Donetta Davidson
Secretary of State

Signed
By William A. Hobbs
Deputy Secretary of State

Statement of Findings and Reasons for Temporary Adoption

Office of the Secretary of State
Rules Regulating Bingo and Raffles

Repeal of Section 9 and 10, of Rule 13, "Conduct of Bingo Games"

The Secretary of State finds that immediate adoption and prompt effectiveness of this repeal are imperatively necessary to comply with law, and that compliance with the full requirements of section 24-4-103 C.R.S. would therefore be contrary to the public interest, for the following reasons.

Pursuant to the above cited statute, a permanent rule cannot take effect sooner than "twenty days after publication of the rule as finally adopted" (24-4-103(5) C.R.S.), while a temporary rule can "become effective on adoption" (24-4-103(6) C.R.S.). This repeal must therefore be both temporary and permanent because its purpose is to repeal two subsections of Rule 13 before their July 1, 2001 effective date. Immediate (as well as permanent) repeal is necessary because these subsections conflict with the provisions of HB 01-1154, enacted during the 2001 Legislative Session.

This possible conflict was anticipated at the time of promulgation of these subsections (September, 2000), and they were given a delayed effective date on that account (see Statement of Basis and Purpose). Even with the delayed effective date, however, there was insufficient time after the enactment of HB 01-1154 to have a permanent repeal promulgated, published and in effect by July 1. A temporary repeal is necessary to bridge the gap created by the post-adoption waiting period mandated by C.R.S. 24-4-103(5).