2023 Colorado Revised Statutes
Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001)
LOTTERY (§§ 44-40-101 — 44-50-1001)
Article 40 - STATE LOTTERY DIVISION (§§ 44-40-101 — 44-40-123)
Section 44-40-108 - Colorado lottery commission - creation

• (1) There is hereby created, within the state lottery division, the Colorado lottery commission, consisting of five members, all of whom shall be citizens of the United States and residents of this state, appointed by the governor, with the consent of the senate. No member shall have been convicted of a felony or gambling-related offense, notwithstanding the provisions of section 24-5-101. No more than three of the five members shall be members of the same political party. A chairman and a vice-chairman of the commission shall be chosen from the membership by a majority of the members at the first meeting of each fiscal year.

• (2) At least one member of the commission shall have been a law enforcement officer for not less than five years; at least one member shall be an attorney admitted to the practice of law in Colorado for not less than five years; and at least one member shall be a certified public accountant who has practiced accountancy in Colorado for at least five years.

• (3) All members shall be appointed for terms of four years. No member of the commission shall be eligible to serve more than two terms.

• (4) Any vacancy on the commission shall be filled for the unexpired term in the same manner as the original appointment.

• (5) Any member of the commission may be removed by the governor at any time and for any reason.

• (6) Commission members shall receive as compensation for their services up to one hundred dollars per month for each month in which there is an official commission meeting and shall be reimbursed for necessary traveling and other reasonable expenses incurred in the performance of their official duties. Upon appointment, and prior to confirmation by the senate, each member shall file with the secretary of state a financial disclosure statement in the form required to be filed by elected state officials. The statement shall be renewed as of each January 1 during the member's term of office. The chairperson of the lottery commission shall also be reimbursed for necessary traveling and other reasonable expenses incurred in the performance of his or her duties related to his or her participation on the three-member panel established in sections 44-40-106(5)(a) and 44-40-107(3).

• (7)
  • (a) The commission shall hold at least one meeting each month and any additional meetings that may be prescribed by rules of the commission. In addition, special meetings may be called by the chairman, any two commission members, or the director, upon delivery of seventy-two hours' written notice to each member. Notwithstanding the provisions of section 24-6-402, in emergency situations in which a majority of the commission certifies that exigencies of time require that the commission meet without delay, the requirements of public notice and of seventy-two hours' written notice to members may be dispensed with, and commission members as well as the public shall receive the notice as is reasonable under the circumstances.
  • (b) For purposes of part 4 of article 6 of title 24, the commission shall be a state public body, as defined in section 24-6-402(1)(d), regardless of whether the state lottery division and the Colorado lottery commission constitute an enterprise pursuant to section 44-40-102(1).

• (8) A majority of the commission shall constitute a quorum, and the concurrence of a majority of the commission shall be required for any final determination by the commission. The commission shall keep a complete and accurate audio record of all its meetings for a period of at least three years.

Amended by 2022 Ch. 2,§125, eff. 2/25/2022.

Renumbered from C.R.S. § 24-35-207 and amended by 2018 Ch. 31,§2, eff. 10/1/2018.

Amended by 2018 Ch. 172,§2, eff. 8/8/2018.

L. 2018: (3) amended, (SB 18-066), ch. 172, p. 1203, § 2, effective August 8; entire article added with relocations, (HB 18-1027), ch. 31, p. 345, § 2, effective October 1.

(1) This section is similar to former § 24-35-207 as it existed prior to 2018.

(2) Subsection (3) of this section was numbered as § 24-35-207(3) in SB 18-066. That provision was harmonized with and relocated to this section as this section appears in HB 18-1027.