(1) There is hereby created, within the department, the division of gaming, the head
of which is the director of the division of gaming. The director is appointed by, and is subject to removal by, the executive director. The division of gaming, the Colorado limited gaming control commission created in
section 44-30-301, and the director of the division of gaming shall exercise their respective powers
and perform their respective duties and functions as specified in this article 30
under the department as if they were transferred to the department by a type 2 transfer, as the transfer is defined in the “Administrative Organization Act of 1968”,
article 1 of title 24; except that the commission has full and exclusive authority
to promulgate rules related to limited gaming and sports betting without any approval
by, or delegation of authority from, the department. Notwithstanding any provision of this subsection (1) to the contrary, sports betting
is not authorized unless the voters at the November 2019 statewide election approve
the ballot question submitted pursuant to section 44-30-1514, enacted in 2019 in House Bill 19-1327.
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