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Notice of Proposed Rulemaking

Pursuant to the requirements of C.R.S. 24-4-103, notice of proposed rulemaking is hereby given by the Secretary of State. A rulemaking hearing will be held on September 18, 2001, at 9:00 A.M. in the Department of Regulatory Agencies large conference room at 1560 Broadway, Suite 1550, Denver, Colorado 80202 for consideration of proposed additions to the Rules Covering and Regulating Bingo and Raffles.

Subject of Proposed Rulemaking

Rules to implement HB 01-1154, "Concerning the use of electronic bingo devices," will be the subject of the proposed rulemaking. The following specific proposals are to be considered:

1. Provisions detailing the application procedures for and issuance of letter rulings approving electronic bingo aid devices and computer systems for use within the State of Colorado; and

2. Rules on the distribution and use of electronic bingo aid devices and computer systems, including, but without limitation, the following topics:

a. Notifications to the licensing authority:

i. By manufacturers of changes in previously approved devices/systems; and

ii. By bingo-raffle licensees of intent to use or put into play any such device/system,

b. Access to electronic bingo aid devices/systems and the information stored therein by licensees and by the licensing authority, and protections against unauthorized access,

c. Prevention of the electronic play of bingo by means of a player aid device and enforcement of the provisions of new subsection (28) of C.R.S. 12-9-107;

d. Transactions to be recorded by electronic bingo aid devices and computer systems and data to be tracked, reported and preserved by means of such systems; and

e. Charitable gaming financial reports to be available or required from an electronic bingo and computer system.

A preliminary draft of a rule incorporating the foregoing subjects and proposals has been prepared and entitled "Rule 24 – Electronic Devices Used as Bingo Aids and Bingo Aid Computer Systems". The draft will be available from the Secretary of State as described below, but is subject to change and should be treated as notification of work in progress.

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 proposed rule may be obtained from the Office of the Secretary of State, 1560 Broadway, Suite 200, Denver, Colorado 80202, 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.