Wednesday, October 12, 2022

Amendment F – Charitable Gaming Constitutional Amendment

In 2020 Colorado voters approved Amendment C by a majority vote. However, constitutional amendments that don’t simply repeal language require 55% approval. This year the legislature referred Amendment F to the ballot. It is almost identical to Amendment C.

Compare Amendment F’s ballot title further below with Amendment C’s ballot title: “Shall there be an amendment to the Colorado constitution concerning the conduct of charitable gaming activities, and, in connection therewith, allowing bingo-raffle licensees to hire managers and operators of games and reducing the required period of a charitable organization's continuous existence before obtaining a charitable gaming license?”

The only somewhat substantial difference is that Amendment F adds subsection (6)(b) to section 2 of article XVIII: “This section does not require or authorize the secretary of state to receive or review claims concerning employee wages or compensation, including tax claims, or other associated labor, employment, or contractual matters.” Usually, constitutional language would clarify which department does receive claims instead of prohibiting one particular department from receiving claims. Meanwhile, the maximum a person can be paid for “management or operation” of any gaming is the “applicable minimum wage.” If someone is paid less than the minimum wage, they won’t be able to submit a claim to the secretary of state.

As noted in the legal language above, Amendment F would allow charitable organizations to begin paying people. Amendment F would also change the time requirement that a charitable organization must have been in existence before obtaining a charitable gaming license – think bingo and raffles – from 5 years to 3 years and allow the legislature to make further time-period adjustments beginning in 2025.

Recommendation: leaning yes/leaning for

In 2020 this site recommended voting yes on Amendment C, and this year it does likewise for Amendment F though questions remain about claims concerning compensation and taxes.

This site also wants to reiterate that putting technical details about charitable gambling in the state constitution just doesn’t seem right and has led to multiple ballot measures in the past with likely more to come in the future.

Website for the Yes side - Colorado Charitable Bingo Association
https://www.cobingoassn.com/

Website for the No side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language
Amendment F (Constitutional)

Shall there be an amendment to the Colorado constitution concerning the conduct of charitable gaming activities, and, in connection therewith, allowing managers and operators to be paid and repealing the required period of a charitable organization’s continuous existence before obtaining a charitable gaming license?

YES/FOR ____
NO/AGAINST ____

HCR22-1006 to refer Amendment F to the voters
https://leg.colorado.gov/sites/default/files/2022a_hcr1006_signed.pdf

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