Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R14-0931.01 Jery Payne x2157 SCR14-001 SENATE SPONSORSHIP Crowder, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs SENATE CONCURRENT RESOLUTION 14-001 Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning limited gaming in Kiowa county. Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://www.leg.state.co.us/billsummaries.) The concurrent resolution allows the voters of Kiowa county to authorize limited gaming activities within 5 miles of the boundaries of the town of Eads. Limited gaming is not authorized in the town of Eads, or in any area of Kiowa county that is more than 5 miles from the boundaries of the town of Eads. Be It Resolved by the Senate of the Sixty-ninth General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit: In the constitution of the state of Colorado, section 9 of article XVIII, amend (1), (3) introductory portion, (3) (a), (5) (b) (II), (5) (b) (III), (7) (a) introductory portion, (7) (b), (7) (c) (III) (B), (7) (c) (III) (C), (7) (d), and (7) (e) as follows: Section 9. Limited gaming permitted. (1) Any provisions of section 2 of this article XVIII or any other provisions of this the state constitution to the contrary notwithstanding, limited gaming in the city of Central, the city of Black Hawk, and the city of Cripple Creek, shall be and the unincorporated areas of Kiowa county is lawful. as of October 1, 1991. (3) Limited gaming shall be is subject to the following: (a) (I) Limited gaming shall may take place only in the existing Colorado cities and counties of: The city of Central, county of Gilpin; the city of Black Hawk, county of Gilpin; and the city of Cripple Creek, county of Teller; Such limited gaming shall be further confined to the commercial districts of said cities as said districts are respectively defined in the city ordinances adopted by: the City of Central on October 7, 1981, the City of Black Hawk on May 4, 1978, and the City of Cripple Creek on December 3, 1973 and the unincorporated areas of Kiowa county. (II) Limited gaming is further confined to the commercial districts of the following cities as respectively defined in the ordinances adopted by: The city of Central on October 7, 1981, the city of Black Hawk on May 4, 1978, and the city of Cripple Creek on December 3, 1973. Limited gaming is not confined to any commercial district in the unincorporated areas of Kiowa county. (III) Limited gaming in the unincorporated areas of Kiowa county is confined to those areas that are less than five miles from the boundaries of the town of Eads, as those boundaries existed on January 1, 2014. (5) (b) (II) At the end of each state fiscal year, the state treasurer shall distribute the balance remaining in the limited gaming fund, except for an amount equal to all expenses of the administration of this section 9 for the preceding two-month period, according to the following guidelines and subject to the distribution criteria provided in subsection (7) of this section: Fifty percent shall be transferred to the state general fund or such other fund as the general assembly shall provide; twenty-eight percent shall be transferred to the state historical fund, which fund is hereby created in the state treasury; twelve percent shall be distributed to the governing bodies of Gilpin county, and Teller county, and Kiowa county in proportion to the gaming revenues generated in each county; the remaining ten percent shall be distributed to the governing bodies of Kiowa county and the cities of the City of Central, the City of Black Hawk, and the City of Cripple Creek in proportion to the gaming revenues generated in each respective city or county. (III) Of the moneys in the state historical fund, from which The state treasurer shall also make annual distributions, annually distribute twenty percent shall be used of the moneys in the state historical fund for the preservation and restoration of the unincorporated areas of Kiowa county and the cities of the City of Central, the City of Black Hawk, and the City of Cripple Creek, and such the state treasurer shall distribute these moneys shall be distributed, to the governing bodies of the respective cities and counties according to the proportion of the gaming revenues generated in each respective city or county. The general assembly shall appropriate the remaining eighty percent of the moneys in the state historical fund shall be used for the historic preservation and restoration of historical sites and municipalities throughout the state. in a manner to be determined by the general assembly. (7) Local elections to revise limits applicable to gaming - statewide elections to increase gaming taxes. (a) Through local elections, the voters of the unincorporated areas of Kiowa county and the cities of Central, Black Hawk, and Cripple Creek are authorized to revise limits on gaming that apply to licensees operating in their city's gaming district respective jurisdictions to extend: (b) The state treasurer shall deposit the limited gaming tax revenues attributable to the operation of this subsection (7) shall be deposited in the limited gaming fund. The commission shall annually determine the amount of such gaming tax revenues generated in each city or county. (c) From gaming tax revenues attributable to the operation of this subsection (7), the treasurer shall pay: (III) Of the remaining gaming tax revenues, distributions in the following proportions: (B) Ten percent to the governing bodies of Kiowa county and the cities of Central, Black Hawk, and Cripple Creek to address local gaming impacts. provided that such The portion of gaming tax revenue shall be distributed under this sub-subparagraph (B) is based on the proportion of gaming tax revenues, attributable to the operation of this subsection (7), that are paid by licensees operating in each city; and jurisdiction. (C) Twelve percent to the governing bodies of Gilpin, and Teller, and Kiowa counties to address local gaming impacts. provided that such The portion of gaming tax revenue shall be distributed under this sub-subparagraph (C) is based on the proportion of gaming tax revenues, attributable to the operation of this subsection (7), that are paid by licensees operating in each county. (d) After July 1, 2009 As soon as practicable, the commission shall implement revisions to limits on gaming as approved by voters in the unincorporated areas of Kiowa county and the cities of Central, Black Hawk, or and Cripple Creek. The general assembly is also authorized to enact, as necessary, legislation that will facilitate the operation of this subsection (7). (e) If local voters in one or more cities or counties revise any limits on gaming as provided set forth in paragraph (a) of this subsection (7), any commission action pursuant to subsection (5) of this section that increases gaming taxes from the levels imposed as of July 1, 2008, shall be is effective only if approved by voters at a statewide election held under section 20 (4) (a) of article X of this the state constitution. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes/For" or "No/Against" on the proposition: "Shall there be an amendment to the Colorado constitution concerning limited gaming in Kiowa county?" SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes/For", the said amendment shall become a part of the state constitution.