(1) (a) There is hereby created, within the department, the state lottery division, the head of which is the director of the state lottery division, who shall be appointed and subject to removal by the executive director in accordance with section 13 of article XII of the state constitution. The state lottery division shall be headquartered in the city of Pueblo in facilities provided at the expense of the lottery division. (b) The state lottery division and the Colorado lottery commission, created in section 44- 40-108, shall constitute an enterprise for the purposes of section 20 of article X of the state constitution, so long as the commission retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this section, the state lottery division and the Colorado lottery commission shall not be subject to any of the provisions of section 20 of article X of the state constitution. (2) The state lottery division, including the Colorado lottery commission created in section 44-40-108, and the director of the state lottery division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified in this article 40 under the department; except that the commission has full and exclusive authority to promulgate rules related to the lottery without any approval by, or delegation of authority from, the department. (3) For purposes of part 2 of article 72 of title 24, the records of the division and the commission shall be public records, as defined in section 24-72-202 (6), regardless of whether the state lottery division and the Colorado lottery commission constitute an enterprise pursuant to subsection (1) of this section.
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