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Notice of Proposed Rulemaking

Pursuant to the requirements of C.R.S. 24-4-103, notice of proposed rule-making is hereby given by the Secretary of State. A rule-making hearing will be held on June 19, 2001 at 10:00 A.M. in the Secretary of State Conference Room, Suite 200, 1560 Broadway, Denver, Colorado 80202 for the consideration of proposed amendments and additions to the Rules Covering and Regulating Bingo and Raffles.

Subject of the Proposed Rulemaking

The specific proposal to be considered is the repeal of sections 9 and 10 of Rule 13, "Conduct During Bingo Games", to delete from Rule 13 provisions prohibiting use, sale, lease or distribution of certain electronic bingo devices. This proposal is intended to repeal these provisions on or before their effective date of July 1, 2001.

Authority for the Proposed Rulemaking

These rules are proposed pursuant to the authority delegated to the Secretary of State in C.R.S. 12-9-103(1)(b) to "adopt, amend and repeal rules...governing the holding, operating and conducting of games of chance..."

Copies of the proposal may be obtained from the Office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80203, telephone (303) 894-2200. Copies will be distributed free of charge. Only one copy per requesting party can be provided free, however. The proposed rules will also be available via the Internet on the Secretary of State website at www.sos.state.co.us.

The hearing will be held in accord with the provisions of C. R.S. 24-4-103. At the time and place stated in this notice, the Secretary of State will receive written and oral data, views and arguments from anyone interested in the proposed rules. Written submissions must be filed at or before the time set for commencement of the hearing in order to be considered. Oral testimony may be limited in order to allow the proceedings to go forward with reasonable promptness and efficiency.

Statement of Basis, Purpose and Specific Statutory Authority

Office of the Secretary of State
Rules Regulating Bingo and Raffle

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

Basis and Purpose

This repeal is based upon the requirements of the Bingo and Raffles Law, specifically C.R.S. 12-9-103(1)(b) and the recommendations of the Bingo-Raffle Advisory Board, as well as upon the provisions of House Bill 01-1154 concerning the use of Electronic Bingo Devices. House Bill 01-1154 was enacted March 23, 2001.

The purpose of this repeal is to remove the two sections of Rule 13 that address the use of electronic bingo devices. At the time Sections 9 and 10 were promulgated (September, 2000), the Bingo and Raffles Law did not authorize the use of electronic devices for the play of bingo. Possible 2001 legislation to permit certain electronic bingo player aids was already under discussion at that time, however. For this reason, Sections 9 and 10 were assigned a delayed effective date of July 1, 2001, to allow for action by the General Assembly on the matter. In House Bill 01-1154, the General Assembly has acted, necessitating this repeal.

 Specific Statutory Authority

This repeal is promulgated in accord with the Colorado Administrative Procedure Act, C.R.S. 24-4-103, "Rule-making procedure", and pursuant to the specific statutory authority granted to the secretary of state by the Colorado Bingo and Raffles Law at C.R.S. 12-9-103(1), "Licensing authority-powers-duties."