§ 44-30-401 — Conflict of interest

Colorado § 44-30-401

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Colorado Limited Gaming Act

Text

(1) Members of the commission and
employees of the division are declared to be in positions of public trust. In order to
ensure the confidence of the people of the state in the integrity of the division, its
employees, and the commission, the following restrictions shall apply:

(a) Except as otherwise provided in subsection (1)(b) of this section, no
member of the commission, an ancestor or descendant of a member, including a
natural child, child by adoption, or stepchild, or a brother or sister of the whole or
half blood of a member, or an uncle, aunt, nephew, or niece of the whole blood of a
member, shall have any interest of any kind in a license issued pursuant to this
article 30 or own or have any interest in property in any county where limited
gaming is permitted. The provisions of this subsection (1)(a) shall apply to spouses
of commission members in like fashion as to members.

(b) No member of the commission or employee of the division, including the
director, and no member of the immediate family of a member or employee of the
division, shall have any interest, direct or indirect, in any licensee, licensed
premises, establishment, or business involved in or with limited gaming. Further, the
person shall not own, in whole or in part, property in the cities of Central, Black
Hawk, or Cripple Creek; except that:

(I) A member of the commission serving pursuant to subsection (1)(a) of this
section as a registered elector of Gilpin or Teller county may live with his or her
family in the city of Central, Black Hawk, or Cripple Creek or in Gilpin or Teller
county, and may own private property in those areas for residential purposes; and

(II) Employees of the division assigned to work regularly in Gilpin or Teller
county may live with their families in those counties, and may own private property
in those counties for residential purposes, with commission approval.

(c) No member of the commission or employee of the division, including the
director, and no member of the immediate family of a member of the commission or
employee of the division, shall receive any gift, gratuity, employment, or other thing
of value from any person, corporation, association, or firm that contracts with or
that offers services, supplies, materials, or equipment used by the division in the
normal course of its operations, or that is licensed by the division or the
commission; except that such persons may accept on an infrequent basis in the
normal course of business any nonpecuniary items of insignificant value as shall be
allowed by the director and as shall be specified by the commission by rule.

(d) No member of the commission or employee of the division, including the
director, and no member of their immediate families, shall participate in limited
gaming or sports betting.

(e) No member of the commission or employee of the division, including the
director, shall have been convicted of a felony or any gambling-related offense,
notwithstanding the provisions of section 24-5-101.

(2) Notwithstanding the provisions of subsection (1) of this section, the
commission may, by rule, determine that an ownership interest of no more than five
percent held by or through an institutional investor fund does not constitute an
interest under subsections (1)(a) and (1)(b) of this section.

(3) For purposes of investigating violations of this article 30, the provisions
of subsections (1)(c) and (1)(d) of this section shall not apply to an employee of the
division acting in his or her official capacity while on duty.

Legislative History

Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p. 183, � 2, effective October 1. L. 2019: (1)(d) amended, (HB 19-1327), ch. 347, p. 3214, � 9, effective August 2. L. 2021: (1)(a) and (1)(b) amended, (SB 21-155), ch. 169, p. 937, � 2, effective September 7.