First Regular Session
Sixty-first General Assembly
LLS NO. 970621.01 JLB
HOUSE BILL 971255
STATE OF COLORADO
BY REPRESENTATIVE Salaz;
also SENATOR Chlouber.
STATE, VETERANS &
A BILL FOR AN ACT
CONCERNING THE EXCLUSION OF SKILL GAMES FROM CERTAIN
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Excludes skill games from the gambling provisions in the criminal code and the limited gaming statutes. Defines "skill games".
Clarifies the regulation of games of chance.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1247.1103 (26) (b), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended, and the said 1247.1103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1247.1103. Definitions. As used in this article, unless the context otherwise requires:
(22.5) (a) "SKILL GAME" MEANS A MECHANICAL, ELECTRICAL, OR ELECTROMECHANICAL AMUSEMENT DEVICE OR MACHINE OPERATED BY ONE OR MORE PLAYERS WHICH, UPON INSERTION OF A COIN, BILL, TOKEN, OR SIMILAR OBJECT, ALLOWS THE PLAYER TO PLAY A GAME THAT ISSUES TOKENS, TICKETS, OR SIMILAR OBJECTS THAT MAY BE REDEEMED FOR MERCHANDISE OR FREE PLAY ONLY. SUCH TOKENS, TICKETS, AND SIMILAR OBJECTS SHALL NOT BE REDEEMABLE FOR CASH. A PLAYER'S PERFORMANCE AND SUCCESS IN A SKILL GAME SHALL BE BASED SOLELY ON HIS OR HER SKILL IN OPERATING THE GAME. NO MECHANICAL, ELECTRICAL, OR ELECTROMECHANICAL MECHANISM THAT AFFECTS THE OUTCOME OF A GAME SHALL BE PART OF ANY SKILL GAME UNLESS SUCH MECHANISM IS EVIDENT TO ANY PLAYER OF SUCH GAME. THE OBJECT OF A SKILL GAME MUST BE ATTAINABLE AND POSSIBLE TO PERFORM PURSUANT TO THE STATED OR APPARENT GAME STRATEGY. A SKILL GAME SHALL NOT IN ANY WAY INCLUDE THE OPERATION OF CHANCE.
(b) FOR PURPOSES OF PARAGRAPH (a) OF THIS SUBSECTION (22.5), THE OPERATION OF AN AMUSEMENT DEVICE OR MACHINE SHALL INVOLVE "CHANCE" WHEN SUCH DEVICE OR MACHINE HAS BEEN PROGRAMMED OR OTHERWISE MANIPULATED FOR PLAYERS TO WIN OR LOSE AT SELECTED INTERVALS.
(26) (b) "Slot machine" does not include:
(I) Vintage slot machine models which
were introduced on the market prior to 1984 and are not used for
gambling purposes or in connection with limited gaming;
(II) Crane games; OR
(III) SKILL GAMES.
SECTION 2. 1810102 (2) (f) and (3), Colorado Revised Statutes, 1996 Repl. Vol., as amended, are amended to read:
1810102. Definitions. As used in this article, unless the context otherwise requires:
(2) "Gambling" means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
(f) Any use of or transaction involving a crane game, as defined in section 1247.1103 (5.5), C.R.S., OR A SKILL GAME, AS DEFINED IN SECTION 1247.1103 (22.5), C.R.S.
(3) "Gambling device" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; except that the term does not include a crane game, as defined in section 1247.1103 (5.5), C.R.S., OR A SKILL GAME, AS DEFINED IN SECTION 1247.1103 (22.5), C.R.S.
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.