Colorado 2023 Regular Session

Colorado House Bill HB1041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0250.01 Richard Sweetman x4333
1	8		HOUSE BILL 23-1041
2		-	BY REPRESENTATIVE(S) Duran and Lynch, Armagost, Bacon, Bird,
3		-	Boesenecker, Brown, deGruy Kennedy, Dickson, English, Epps, Frizell,
4		-	Froelich, Gonzales-Gutierrez, Hamrick, Jodeh, Kipp, Lindsay, Lindstedt,
5		-	Mabrey, Martinez, McCormick, Michaelson Jenet, Parenti, Sirota, Soper,
6		-	Valdez, Velasco, Weinberg, Willford, Young;
7		-	also SENATOR(S) Ginal and Simpson, Bridges, Cutter, Moreno, Priola.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Business, Labor, & Technology
	11	+	Finance Finance
	12	+	Appropriations Appropriations
	13	+	A BILL FOR AN ACT
8	14		C
9		-	ONCERNING A PROHIBITION AGAINST WAGERING ON RACES OF
10		-	GREYHOUNDS THAT ARE SIMULCAST FROM OUT
11		-	-OF-STATE TRACKS AT
12		-	WHICH THE RACES ARE CONDUCTED
13		-	.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 44-32-102, amend
17		-	(15), (18), and (22); and repeal (5) as follows:
18		-	44-32-102. Definitions - rules. As used in this article 32, unless the
19		-	context otherwise requires:
20		-	(5) "Cross simulcasting" means the receipt of a simulcast race of
21		-	greyhounds at an out-of-state host track by a simulcast facility that is
22		-	located on the premises of a track that is licensed to race horses.
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (15) "Out-of-state host track" means a track, located within a state
31		-	other than Colorado, that is licensed or otherwise properly authorized under
32		-	the laws of the state to conduct live races of horses or greyhounds
33		-	and to
34		-	broadcast the races as simulcast races and that broadcasts the simulcast
35		-	races to an in-state simulcast facility.
36		-	(18) "Pari-mutuel wagering" means a form of wagering on the
37		-	outcome of horse and greyhound
38		-	races in which those who wager purchase
39		-	tickets of various denominations on one or more horses or greyhounds from
40		-	one or more pools and all like wagers from each race are pooled and the
41		-	winning ticket holders are paid prizes from the pool in amounts proportional
42		-	to the total receipts in the pool minus deductions authorized by statute.
	15	+	ONCERNING A PROHIBITION AG AINST WAGERING ON RACES OF101
	16	+	GREYHOUNDS THAT ARE SIMULCAST FROM OUT -OF-STATE102
	17	+	TRACKS AT WHICH THE RACES ARE CONDUCTED .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Current law prohibits racing of greyhounds in Colorado; however,
	26	+	it is legal to wager on greyhound races that are conducted at out-of-state
	27	+	race tracks and simulcast for viewing in off-track betting venues in
	28	+	Colorado. The bill makes it unlawful in Colorado to wager on any race of
	29	+	greyhounds that is conducted at, and simulcast from, a track that is
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 5, 2023
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 4, 2023
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 15, 2023
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 14, 2023
	42	+	HOUSE SPONSORSHIP
	43	+	Duran and Lynch, Armagost, Bacon, Bird, Boesenecker, Brown, deGruy Kennedy,
	44	+	Dickson, English, Epps, Frizell, Froelich, Gonzales-Gutierrez, Hamrick, Jodeh, Kipp,
	45	+	Lindsay, Lindstedt, Mabrey, Martinez, McCormick, Michaelson Jenet, Parenti, Sirota, Soper,
	46	+	Valdez, Velasco, Weinberg, Willford, Young
	47	+	SENATE SPONSORSHIP
	48	+	Ginal and Simpson, Bridges, Cutter, Moreno, Priola
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. outside of Colorado.
	52	+	The bill also makes conforming amendments.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. In Colorado Revised Statutes, 44-32-102, amend2
	55	+	(15), (18), and (22); and repeal (5) as follows:3
	56	+	44-32-102. Definitions - rules. As used in this article 32, unless4
	57	+	the context otherwise requires:5
	58	+	(5) "Cross simulcasting" means the receipt of a simulcast race of6
	59	+	greyhounds at an out-of-state host track by a simulcast facility that is7
	60	+	located on the premises of a track that is licensed to race horses.8
	61	+	(15) "Out-of-state host track" means a track, located within a state9
	62	+	other than Colorado, that is licensed or otherwise properly authorized10
	63	+	under the laws of the state to conduct live races of horses or greyhounds11
	64	+	and to broadcast the races as simulcast races and that broadcasts the12
	65	+	simulcast races to an in-state simulcast facility.13
	66	+	(18) "Pari-mutuel wagering" means a form of wagering on the14
	67	+	outcome of horse and greyhound races in which those who wager15
	68	+	purchase tickets of various denominations on one or more horses or16
	69	+	greyhounds from one or more pools and all like wagers from each race17
	70	+	are pooled and the winning ticket holders are paid prizes from the pool in18
	71	+	amounts proportional to the total receipts in the pool minus deductions19
	72	+	authorized by statute.20
43	73		(22) "Simulcast race" means a live, audio-visual broadcast
44		-	THAT IS:
45		-	(a) Transmitted simultaneously with either:
	74	+	THAT21
	75	+	IS:22
	76	+	(a) Transmitted simultaneously with either:23
46	77		(I) The performance of a live race of horses or greyhounds
47		-	by an
48		-	out-of-state host track; or
49		-	(II) The performance of a live race of horses by an in-state ~~host~~
	78	+	by an24
	79	+	out-of-state host track; or25
	80	+	1041-2- (II) The performance of a live race of horses by an in-state host1
50	81		track;
51		-	~~AND~~
	82	+	AND2
52	83		(b) that is
53		-	Received by a simulcast facility.
54		-	SECTION 2. In Colorado Revised Statutes, 44-32-202, amend
55		-	(4)(a)(I) as follows:
56		-	44-32-202. Director - qualifications - powers and duties - rules.
57		-	(4) If so directed by the commission, the director may, on behalf of this
58		-	state:
59		-	(a) Negotiate, enter into, and participate in one or more interstate
60		-	compacts that enable party states to act jointly and cooperatively to create
61		-	more uniform, effective, and efficient practices, programs, and rules
62		-	relating to:
63		-	(I) Live horse and greyhound
64		-	racing; and
65		-	PAGE 2-HOUSE BILL 23-1041 SECTION 3. In Colorado Revised Statutes, amend 44-32-514 as
66		-	follows:
67		-	44-32-514. Payments of winnings - intercept. Before making a
68		-	payment of cash winnings from pari-mutuel wagering on horse or
69		-	greyhound racing for which the licensee is required to file form W-2G, or
70		-	a substantially equivalent form, with the United States internal revenue
71		-	service, the licensee shall comply with the requirements of article 33 of this
72		-	title 44.
73		-	SECTION 4. In Colorado Revised Statutes, 44-32-602, amend (1)
74		-	and (5); and repeal (2) and (4)(a) as follows:
75		-	44-32-602. Simulcast facilities and simulcast races - unlawful act
76		-	- repeal. (1) It is unlawful for any person to accept or place wagers on any
77		-	simulcast race within the state of Colorado except under the provisions of
78		-	this article 32. It is lawful to conduct pari-mutuel wagering on simulcast
79		-	races of horses or greyhounds
80		-	that are received by an in-state simulcast
81		-	facility authorized and operated pursuant to this article 32.
82		-	(2) Cross simulcasting between an in-state host track or an
83		-	out-of-state host track and an in-state simulcast facility, or between an
84		-	in-state host track and an out-of-state simulcast facility, is permissible.
85		-	(4) (a) (I) An in-state simulcast facility may, subject to the
86		-	commission's approval, receive the broadcast signal of greyhounds from an
87		-	out-of-state host track and conduct pari-mutuel wagering on the signal
88		-	through an in-state simulcast facility located on the premises of a class B
89		-	track that has conducted, or is scheduled to conduct during the next twelve
90		-	months, a live race meet of horses of at least the duration required for a
91		-	class B track.
92		-	(II) The specified portions of the gross receipts from pari-mutuel
93		-	wagers placed at an in-state simulcast facility on simulcast greyhound races
94		-	being held on out-of-state host tracks from signals received through a class
95		-	B track shall be distributed in accordance with section 44-32-701 (2).
96		-	(5) An in-state simulcast facility having a written simulcast racing
97		-	agreement with an in-state or out-of-state host track pursuant to section
98		-	44-32-503 (2) may receive simulcast races, as specified in subsections (2)
99		-	PAGE 3-HOUSE BILL 23-1041 to (4) SUBSECTION (4)(b) of this section, on any day, including a day not
100		-	within the race meet of the in-state simulcast facility that is also a track and
101		-	a day on which no live race is conducted within the race meet of the in-state
102		-	simulcast facility that is also a track.
103		-	SECTION 5. In Colorado Revised Statutes, amend 44-32-604 as
104		-	follows:
105		-	44-32-604. Greyhound racing prohibited. (1) No live greyhound
106		-	racing involving the betting or wagering on the speed or ability of the
107		-	greyhounds racing shall be conducted in Colorado. The commission shall
108		-	not accept or approve an application or request for race dates for live
109		-	greyhound racing in Colorado.
	84	+	Received by a simulcast facility.3
	85	+	SECTION 2. In Colorado Revised Statutes, 44-32-202, amend4
	86	+	(4)(a)(I) as follows:5
	87	+	44-32-202. Director - qualifications - powers and duties - rules.6
	88	+	(4) If so directed by the commission, the director may, on behalf of this7
	89	+	state:8
	90	+	(a) Negotiate, enter into, and participate in one or more interstate9
	91	+	compacts that enable party states to act jointly and cooperatively to create10
	92	+	more uniform, effective, and efficient practices, programs, and rules11
	93	+	relating to:12
	94	+	(I) Live horse and greyhound racing; and13
	95	+	SECTION 3. In Colorado Revised Statutes, amend 44-32-514 as14
	96	+	follows:15
	97	+	44-32-514. Payments of winnings - intercept. Before making a16
	98	+	payment of cash winnings from pari-mutuel wagering on horse or17
	99	+	greyhound racing for which the licensee is required to file form W-2G,18
	100	+	or a substantially equivalent form, with the United States internal revenue19
	101	+	service, the licensee shall comply with the requirements of article 33 of20
	102	+	this title 44.21
	103	+	SECTION 4. In Colorado Revised Statutes, 44-32-602, amend22
	104	+	(1) and (5); and repeal (2) and (4)(a) as follows:23
	105	+	44-32-602. Simulcast facilities and simulcast races - unlawful24
	106	+	act - repeal. (1) It is unlawful for any person to accept or place wagers25
	107	+	on any simulcast race within the state of Colorado except under the26
	108	+	provisions of this article 32. It is lawful to conduct pari-mutuel wagering27
	109	+	1041
	110	+	-3- on simulcast races of horses or greyhounds that are received by an in-state1
	111	+	simulcast facility authorized and operated pursuant to this article 32.2
	112	+	(2) Cross simulcasting between an in-state host track or an3
	113	+	out-of-state host track and an in-state simulcast facility, or between an4
	114	+	in-state host track and an out-of-state simulcast facility, is permissible.5
	115	+	(4) (a) (I) An in-state simulcast facility may, subject to the6
	116	+	commission's approval, receive the broadcast signal of greyhounds from7
	117	+	an out-of-state host track and conduct pari-mutuel wagering on the signal8
	118	+	through an in-state simulcast facility located on the premises of a class B9
	119	+	track that has conducted, or is scheduled to conduct during the next10
	120	+	twelve months, a live race meet of horses of at least the duration required11
	121	+	for a class B track.12
	122	+	(II) The specified portions of the gross receipts from pari-mutuel13
	123	+	wagers placed at an in-state simulcast facility on simulcast greyhound14
	124	+	races being held on out-of-state host tracks from signals received through15
	125	+	a class B track shall be distributed in accordance with section 44-32-70116
	126	+	(2).17
	127	+	(5) An in-state simulcast facility having a written simulcast racing18
	128	+	agreement with an in-state or out-of-state host track pursuant to section19
	129	+	44-32-503 (2) may receive simulcast races, as specified in subsections (2)20
	130	+	to (4) SUBSECTION (4)(b) of this section, on any day, including a day not21
	131	+	within the race meet of the in-state simulcast facility that is also a track22
	132	+	and a day on which no live race is conducted within the race meet of the23
	133	+	in-state simulcast facility that is also a track.24
	134	+	SECTION 5. In Colorado Revised Statutes, amend 44-32-604 as25
	135	+	follows:26
	136	+	44-32-604. Greyhound racing prohibited. (1) No live27
	137	+	1041
	138	+	-4- greyhound racing involving the betting or wagering on the speed or1
	139	+	ability of the greyhounds racing shall be conducted in Colorado. The2
	140	+	commission shall not accept or approve an application or request for race3
	141	+	dates for live greyhound racing in Colorado.4
110	142		(2) N
111		-	OTWITHSTANDING THE PROVISIONS OF THIS ARTICLE 32 OR ANY
112		-	OTHER GENERAL OR SPECIFIC LAW TO THE CONTRARY
113		-	, IT IS UNLAWFUL IN
114		-	COLORADO TO WAGER ON ANY RACE OF GREYHOUNDS THAT IS CONDUCTED
115		-	AT
116		-	, AND SIMULCAST FROM, A TRACK THAT IS OUTSIDE OF COLORADO.
117		-	SECTION 6. In Colorado Revised Statutes, 44-32-701, amend
118		-	(2)(a), (2)(b), and (2)(c)(I); and repeal (1) as follows:
119		-	44-32-701. License fees and Colorado-bred horse race
120		-	requirement - rules - repeal. (1) Subject to section 44-32-702 (1), for the
121		-	privilege of conducting racing under a license issued under and of operating
122		-	an in-state simulcast facility pursuant to this article 32, a licensee for the
123		-	racing of greyhounds and an operator of an in-state simulcast facility that
124		-	receives simulcast races of greyhounds shall pay to the department through
125		-	the division four and one-half percent of the gross receipts derived from
126		-	pari-mutuel wagering during any such race meet or placed on the simulcast
127		-	races that are received through a live greyhound track.
128		-	(2) (a) (I) For the privilege of conducting racing under a license
129		-	issued under, and of operating an in-state simulcast facility pursuant to, this
130		-	article 32, a licensee for the racing of horses and an operator of an in-state
131		-	simulcast facility that receives simulcast races of horses or greyhounds
132		-	pursuant to section 44-32-602 (4)(a)(I) 44-32-602 (4)(b) shall pay to the
133		-	department through the division three-fourths of one percent of the gross
134		-	receipts of the pari-mutuel wagering at any race meet or placed on the
135		-	simulcast races; except that a licensee for the racing of horses at a class B
136		-	PAGE 4-HOUSE BILL 23-1041 track race meet shall pay to the department through the division
137		-	three-fourths of one percent of the gross receipts of the pari-mutuel
138		-	wagering at any such race meet.
139		-	(I.5) (A) N
140		-	OTWITHSTANDING SECTION 44-32-706 (2), ON JANUARY
141		-	1, 2025, OF THE MONEY THAT IS PAID TO THE DEPARTMENT BY LICENSEES
142		-	PURSUANT TO SUBSECTION
143		-	(2)(a)(I) OF THIS SECTION, THE DEPARTMENT
144		-	SHALL TRANSFER TWENTY
145		-	-FIVE THOUSAND DOLLARS TO THE FUND CREATED
146		-	IN SUBSECTION
147		-	(2)(a)(I.5)(B) OF THIS SECTION, AND ON JANUARY 1, 2026,
148		-	THE DEPARTMENT SHALL TRANSFER FIFTY THOUSAND DOLLARS TO THE FUND ,
149		-	IN ACCORDANCE WITH RULES PROMULGATED BY THE COMMISSION .
150		-	(B) T
151		-	HE GREYHOUND WELFARE AND ADOPTION FUND , REFERRED TO
152		-	IN THIS SUBSECTION
153		-	(2)(a)(I.5) AS THE "FUND", IS HEREBY CREATED IN THE
154		-	STATE TREASURY
155		-	. THE FUND CONSISTS OF MONEY CREDITED TO THE FUND
156		-	PURSUANT TO SUBSECTION
157		-	(2)(a)(I.5)(A) OF THIS SECTION AND ANY OTHER
158		-	MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO
159		-	THE FUND
160		-	. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
161		-	DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
162		-	THE FUND
163		-	. ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN
164		-	THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND
165		-	. SUBJECT TO
166		-	ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY
167		-	, THE DEPARTMENT
168		-	MAY MAKE DISTRIBUTIONS OF MONEY FROM THE FUND TO GREYHOUND
169		-	WELFARE AND ADOPTION ORGANIZATIONS IN ACCORDANCE WITH RULES OF
170		-	THE COMMISSION
171		-	. THE COMMISSION SHALL NOT CONDITION DISTRIBUTIONS
172		-	FROM THE ACCOUNT ON WHETHER A GREYHOUND WELFARE AND ADOPTION
173		-	ORGANIZATION SUPPORTS OR OPPOSES GREYHOUND RACING
174		-	. THE STATE
175		-	TREASURER SHALL TRANSFER ALL UNEXPENDED AND UNENCUMBERED
176		-	MONEY IN THE FUND ON
177		-	JULY 31, 2026, TO THE GENERAL FUND.
178		-	(C) T
179		-	HIS SUBSECTION (2)(a)(I.5) IS REPEALED, EFFECTIVE AUGUST
180		-	1, 2026.
181		-	(II) (A) Except as otherwise provided in subsection (2)(a)(II)(B) of
182		-	this section, In addition to the amount paid to the department through the
183		-	division in subsection (2)(a)(I) of this section, a licensee for the racing of
184		-	horses and an operator of an in-state simulcast facility that receives
185		-	simulcast races of horses or greyhounds
186		-	pursuant to section 44-32-602
187		-	(4)(a)(I) 44-32-602 (4)(b) shall pay to Colorado state university for
188		-	allocation to its school of veterinary medicine one-fourth of one percent of
189		-	PAGE 5-HOUSE BILL 23-1041 the gross receipts of all pari-mutuel wagering, except on win, place, or
190		-	show, at the horse race meet or placed on the simulcast races, to be used for
191		-	racing-related equine research. To receive research funding under this
192		-	subsection (2)(a)(II), an institution or individual must describe and report
193		-	to the commission on all projects upon completion.
194		-	(B) In the case of pari-mutuel wagers on greyhound simulcast
195		-	signals received by a class B track, in lieu of the amounts otherwise payable
196		-	to Colorado state university pursuant to subsection (2)(a)(II)(A) of this
197		-	section, the licensee shall instead pay an equivalent amount into a trust
198		-	account for distribution in accordance with rules of the commission under
199		-	section 44-32-702 (1)(e)(I).
200		-	(b) In addition to any money to be paid pursuant to subsection (2)(a)
201		-	of this section, a licensee for the racing of horses and an operator of an
202		-	in-state simulcast facility that receives simulcast races of horses or
203		-	greyhounds pursuant to section 44-32-602 (4)(a)(I) 44-32-602 (4)(b) shall
204		-	pay to a trust account one-half of one percent of the gross receipts of
205		-	pari-mutuel wagering on win, place, and show and one and one-half percent
206		-	of the gross receipts from all other pari-mutuel wagering at any such race
207		-	meet or placed on the simulcast races for the horse breeders' and owners'
208		-	awards and supplemental purse fund established in section 44-32-705.
209		-	(c) (I) The operator of a simulcast facility that receives simulcast
210		-	races of horses or greyhounds
211		-	pursuant to section 44-32-602 (4)(a)(I)
212		-	44-32-602 (4)(b) shall retain five percent of the gross receipts of pari-mutuel wagering placed on the simulcast races at that facility, to be used to cover the particular expenses incurred in operating a simulcast facility.
213		-	SECTION 7. In Colorado Revised Statutes, 44-32-702, amend
214		-	(1)(b)(I), (1)(e)(I), (1)(h)(III), and (4) introductory portion; and repeal
215		-	(1)(h)(II) and (1)(i) as follows:
216		-	44-32-702. Unlawful to wager - exception - excess - taxes -
217		-	special provisions for simulcast races - rules. (1) (b) (I) Except as
218		-	otherwise provided in subsection (4) of this section, it is unlawful for a
219		-	racing or simulcast facility licensee for the racing of greyhounds or
220		-	horses
221		-	to take more than the percentage of the gross receipts authorized by the
222		-	commission pursuant to subsection (1)(b)(II) of this section of any
223		-	PAGE 6-HOUSE BILL 23-1041 pari-mutuel wagering on the races or simulcast races.
224		-	(e) (I) Each operator of an in-state simulcast facility that receives
225		-	simulcast races of horses from either an in-state host track or an out-of-state
226		-	host track or of greyhounds from an out-of-state host track,
227		-	shall pay to
228		-	purse funds for the racing of horses and to the in-state or out-of-state tracks
229		-	and simulcast facilities described in the simulcast agreement filed with the
230		-	commission, the percentages of the gross pari-mutuel wagering on the
231		-	simulcast races, after deduction of a signal fee required by an out-of-state
232		-	host track or an in-state host track, paid during the current year or a
233		-	previous year, and the applicable amounts specified in subsection (2)(b) of
234		-	this section and in sections 44-32-701 (1) and (2)
235		-	44-32-701 (2) and
236		-	44-32-705 (2), as specified in the simulcast agreement. In the case of
237		-	pari-mutuel wagers on greyhound simulcast signals received by a class B
238		-	track from an out-of-state host track, the operator shall deposit the amounts
239		-	payable pursuant to section 44-32-701 (2)(a)(II)(B) into a trust account for
240		-	distribution, in accordance with rules of the commission, to greyhound
241		-	welfare and adoption organizations.
242		-	(h) (II) The breakage at any greyhound race meet shall be retained
243		-	by the licensee under whose license the greyhound race meet was held.
244		-	(III) Except as otherwise provided in subsection (1)(h)(IV) or (4) of
245		-	this section, the breakage on any simulcast race of horses or greyhounds
246		-	received by an in-state simulcast facility shall be retained by the operator of the in-state simulcast facility.
247		-	(i) An operator of an in-state simulcast facility shall retain the
248		-	proceeds derived from all unclaimed pari-mutuel tickets for each simulcast
249		-	race of greyhounds received for a race held at an out-of-state host track and,
250		-	after a period of one year following the simulcast race, the proceeds revert
251		-	and belong to the operator.
252		-	(4) Pursuant to a valid simulcasting agreement, an operator of an
253		-	in-state simulcast facility that receives simulcast signals of horse or
254		-	greyhound races held in another state may:
255		-	SECTION 8. In Colorado Revised Statutes, 44-32-704, amend (1)
256		-	and (2)(a) as follows:
257		-	PAGE 7-HOUSE BILL 23-1041 44-32-704. Limitations on pari-mutuel wagering. (1) Wagers on
258		-	pari-mutuel horse or greyhound races conducted in or out of this state may
259		-	only be placed ONLY upon the premises of a racetrack or an in-state
260		-	simulcast facility licensed by the commission or the out-of-state racetrack
261		-	or simulcast facility as authorized by the commission. No wagering or
262		-	betting on the results of any of the races licensed under this article 32 shall
263		-	be conducted outside a licensed or approved racetrack or simulcast facility.
264		-	(2) (a) No person or agent or employee of any person shall place,
265		-	receive, offer, or agree to place or receive a wager on a pari-mutuel horse
266		-	or greyhound
267		-	race, conducted in or broadcast in this state, by messenger,
268		-	telephone, telegraph, facsimile machine, or other electronic device; except
269		-	that this subsection (2) shall not apply to associations or simulcast facilities
270		-	licensed by the commission. Nothing in this section shall be construed to
271		-	prohibit gambling as provided in section 18-10-102 (2)(d).
272		-	SECTION 9. In Colorado Revised Statutes, 26-13-118.7, amend
273		-	as it will become effective July 1, 2023, (2) as follows:
274		-	26-13-118.7. Gambling winnings - interception - rules. (2) Upon
275		-	receipt from the registry operator of a payment and accompanying
276		-	information pursuant to section 44-33-105 (2)(b), the state department,
277		-	through the casino, sports betting operator, internet sports betting operator,
278		-	racetrack, or off-track betting facility, shall notify the obligated parent in
279		-	writing that the state intends to offset the parent's child support debt, child
280		-	support arrearages, or child support costs against the parent's winnings from
281		-	limited gaming, from sports betting, or from pari-mutuel wagering on horse
282		-	or greyhound
283		-	racing. The notice must include information concerning the
284		-	parent's right to object to the offset and to request an administrative review
285		-	pursuant to the rules of the state board.
286		-	SECTION 10. In Colorado Revised Statutes, 44-33-103, amend as
287		-	it will become effective July 1, 2023, (3) as follows:
288		-	44-33-103. Definitions. As used in this article 33, unless the context
289		-	otherwise requires:
290		-	(3) "Payment" means cash winnings from limited gaming, from
291		-	sports betting, or from pari-mutuel wagering on horse or greyhound
292		-	racing
293		-	payable by a licensee for which the licensee is required to file form W-2G,
294		-	PAGE 8-HOUSE BILL 23-1041 or a substantially equivalent form, with the United States internal revenue
295		-	service.
296		-	SECTION 11. Act subject to petition - effective date -
297		-	applicability. (1) This act takes effect October 1, 2024; except that, if a
298		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
299		-	constitution against this act or an item, section, or part of this act within the
300		-	ninety-day period after final adjournment of the general assembly, then the
301		-	act, item, section, or part will not take effect unless approved by the people
302		-	at the general election to be held in November 2024 and, in such case, will
303		-	take effect on the date of the official declaration of the vote thereon by the
304		-	governor.
305		-	PAGE 9-HOUSE BILL 23-1041 (2) This act applies to conduct occurring on or after the applicable
306		-	effective date of this act.
307		-	____________________________ ____________________________
308		-	Julie McCluskie Steve Fenberg
309		-	SPEAKER OF THE HOUSE PRESIDENT OF
310		-	OF REPRESENTATIVES THE SENATE
311		-	____________________________ ____________________________
312		-	Robin Jones Cindi L. Markwell
313		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
314		-	OF REPRESENTATIVES THE SENATE
315		-	APPROVED________________________________________
316		-	(Date and Time)
317		-	_________________________________________
318		-	Jared S. Polis
319		-	GOVERNOR OF THE STATE OF COLORADO
320		-	PAGE 10-HOUSE BILL 23-1041
	143	+	OTWITHSTANDING THE PROVISIONS OF THIS ARTICLE 32 OR5
	144	+	ANY OTHER GENERAL OR SPECIFIC LAW TO THE CONTRARY , IT IS UNLAWFUL6
	145	+	IN COLORADO TO WAGER ON ANY RACE OF GREYHOUNDS THAT IS7
	146	+	CONDUCTED AT, AND SIMULCAST FROM, A TRACK THAT IS OUTSIDE OF8
	147	+	C
	148	+	OLORADO.9
	149	+	SECTION 6. In Colorado Revised Statutes, 44-32-701, amend10
	150	+	(2)(a), (2)(b), and (2)(c)(I); and repeal (1) as follows:11
	151	+	44-32-701. License fees and Colorado-bred horse race12
	152	+	requirement - rules - repeal. (1) Subject to section 44-32-702 (1), for
	153	+	13
	154	+	the privilege of conducting racing under a license issued under and of14
	155	+	operating an in-state simulcast facility pursuant to this article 32, a15
	156	+	licensee for the racing of greyhounds and an operator of an in-state16
	157	+	simulcast facility that receives simulcast races of greyhounds shall pay to17
	158	+	the department through the division four and one-half percent of the gross18
	159	+	receipts derived from pari-mutuel wagering during any such race meet or19
	160	+	placed on the simulcast races that are received through a live greyhound20
	161	+	track.21
	162	+	(2) (a) (I) For the privilege of conducting racing under a license22
	163	+	issued under, and of operating an in-state simulcast facility pursuant to,23
	164	+	this article 32, a licensee for the racing of horses and an operator of an24
	165	+	in-state simulcast facility that receives simulcast races of horses or25
	166	+	greyhounds pursuant to section 44-32-602 (4)(a)(I) 44-32-602 (4)(b) shall26
	167	+	pay to the department through the division three-fourths of one percent27
	168	+	1041
	169	+	-5- of the gross receipts of the pari-mutuel wagering at any race meet or1
	170	+	placed on the simulcast races; except that a licensee for the racing of2
	171	+	horses at a class B track race meet shall pay to the department through the3
	172	+	division three-fourths of one percent of the gross receipts of the4
	173	+	pari-mutuel wagering at any such race meet.5
	174	+	(I.5) (A) NOTWITHSTANDING SECTION 44-32-706 (2), ON JANUARY6
	175	+	1, 2025, OF THE MONEY THAT IS PAID TO THE DEPARTMENT BY LICENSEES7
	176	+	PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION, THE DEPARTMENT8
	177	+	SHALL TRANSFER TWENTY-FIVE THOUSAND DOLLARS TO THE FUND9
	178	+	CREATED IN SUBSECTION (2)(a)(I.5)(B) OF THIS SECTION, AND ON JANUARY10
	179	+	1, 2026, THE DEPARTMENT SHALL TRANSFER FIFTY THOUSAND DOLLARS TO11
	180	+	THE FUND, IN ACCORDANCE WITH RULES PROMULGATED BY THE12
	181	+	COMMISSION.13
	182	+	(B) THE GREYHOUND WELFARE AND ADOPTION FUND, REFERRED14
	183	+	TO IN THIS SUBSECTION (2)(a)(I.5) AS THE "FUND", IS HEREBY CREATED IN15
	184	+	THE STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE16
	185	+	FUND PURSUANT TO SUBSECTION (2)(a)(I.5)(A) OF THIS SECTION AND ANY17
	186	+	OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR18
	187	+	TRANSFER TO THE FUND. THE STATE TREASURER SHALL CREDIT ALL19
	188	+	INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF20
	189	+	MONEY IN THE FUND TO THE FUND. ANY UNEXPENDED AND21
	190	+	UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A FISCAL22
	191	+	YEAR REMAINS IN THE FUND. SUBJECT TO ANNUAL APPROPRIATION BY THE23
	192	+	GENERAL ASSEMBLY, THE DEPARTMENT MAY MAKE DISTRIBUTIONS OF24
	193	+	MONEY FROM THE FUND TO GREYHOUND WELFARE AND ADOPTION25
	194	+	ORGANIZATIONS IN ACCORDANCE WITH RULES OF THE COMMISSION. THE26
	195	+	COMMISSION SHALL NOT CONDITION DISTRIBUTIONS FROM THE ACCOUNT27
	196	+	1041
	197	+	-6- ON WHETHER A GREYHOUNDS WELFARE AND ADOPTION ORGANIZATION1
	198	+	SUPPORTS OR OPPOSES GREYHOUND RACING. THE STATE TREASURER2
	199	+	SHALL TRANSFER ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE3
	200	+	FUND ON JULY 31, 2026, TO THE GENERAL FUND.4
	201	+	(C) THIS SUBSECTION (2)(a)(I.5) IS REPEALED, EFFECTIVE AUGUST5
	202	+	1,
	203	+	2026.6
	204	+	(II) (A) Except as otherwise provided in subsection (2)(a)(II)(B)
	205	+	7
	206	+	of this section, In addition to the amount paid to the department through8
	207	+	the division in subsection (2)(a)(I) of this section, a licensee for the racing9
	208	+	of horses and an operator of an in-state simulcast facility that receives10
	209	+	simulcast races of horses or greyhounds pursuant to section 44-32-60211
	210	+	(4)(a)(I) 44-32-602 (4)(b) shall pay to Colorado state university for12
	211	+	allocation to its school of veterinary medicine one-fourth of one percent13
	212	+	of the gross receipts of all pari-mutuel wagering, except on win, place, or14
	213	+	show, at the horse race meet or placed on the simulcast races, to be used15
	214	+	for racing-related equine research. To receive research funding under this16
	215	+	subsection (2)(a)(II), an institution or individual must describe and report17
	216	+	to the commission on all projects upon completion.18
	217	+	(B) In the case of pari-mutuel wagers on greyhound simulcast19
	218	+	signals received by a class B track, in lieu of the amounts otherwise20
	219	+	payable to Colorado state university pursuant to subsection (2)(a)(II)(A)21
	220	+	of this section, the licensee shall instead pay an equivalent amount into a22
	221	+	trust account for distribution in accordance with rules of the commission23
	222	+	under section 44-32-702 (1)(e)(I).24
	223	+	(b) In addition to any money to be paid pursuant to subsection25
	224	+	(2)(a) of this section, a licensee for the racing of horses and an operator26
	225	+	of an in-state simulcast facility that receives simulcast races of horses or27
	226	+	1041
	227	+	-7- greyhounds pursuant to section 44-32-602 (4)(a)(I) 44-32-602 (4)(b) shall1
	228	+	pay to a trust account one-half of one percent of the gross receipts of2
	229	+	pari-mutuel wagering on win, place, and show and one and one-half3
	230	+	percent of the gross receipts from all other pari-mutuel wagering at any4
	231	+	such race meet or placed on the simulcast races for the horse breeders'5
	232	+	and owners' awards and supplemental purse fund established in section6
	233	+	44-32-705.7
	234	+	(c) (I) The operator of a simulcast facility that receives simulcast8
	235	+	races of horses or greyhounds pursuant to section 44-32-602 (4)(a)(I)9
	236	+	44-32-602 (4)(b) shall retain five percent of the gross receipts of10
	237	+	pari-mutuel wagering placed on the simulcast races at that facility, to be11
	238	+	used to cover the particular expenses incurred in operating a simulcast12
	239	+	facility.13
	240	+	SECTION 7. In Colorado Revised Statutes, 44-32-702, amend14
	241	+	(1)(b)(I), (1)(e)(I), (1)(h)(III), and (4) introductory portion; and repeal15
	242	+	(1)(h)(II) and (1)(i) as follows:16
	243	+	44-32-702. Unlawful to wager - exception - excess - taxes -17
	244	+	special provisions for simulcast races - rules. (1) (b) (I) Except as18
	245	+	otherwise provided in subsection (4) of this section, it is unlawful for a19
	246	+	racing or simulcast facility licensee for the racing of greyhounds or horses20
	247	+	to take more than the percentage of the gross receipts authorized by the21
	248	+	commission pursuant to subsection (1)(b)(II) of this section of any22
	249	+	pari-mutuel wagering on the races or simulcast races.23
	250	+	(e) (I) Each operator of an in-state simulcast facility that receives24
	251	+	simulcast races of horses from either an in-state host track or an25
	252	+	out-of-state host track or of greyhounds from an out-of-state host track,26
	253	+	shall pay to purse funds for the racing of horses and to the in-state or27
	254	+	1041
	255	+	-8- out-of-state tracks and simulcast facilities described in the simulcast1
	256	+	agreement filed with the commission, the percentages of the gross2
	257	+	pari-mutuel wagering on the simulcast races, after deduction of a signal3
	258	+	fee required by an out-of-state host track or an in-state host track, paid4
	259	+	during the current year or a previous year, and the applicable amounts5
	260	+	specified in subsection (2)(b) of this section and in sections 44-32-701 (1)6
	261	+	and (2) 44-32-701 (2) and 44-32-705 (2), as specified in the simulcast7
	262	+	agreement. In the case of pari-mutuel wagers on greyhound simulcast8
	263	+	signals received by a class B track from an out-of-state host track, the9
	264	+	operator shall deposit the amounts payable pursuant to section 44-32-70110
	265	+	(2)(a)(II)(B) into a trust account for distribution, in accordance with rules11
	266	+	of the commission, to greyhound welfare and adoption organizations.12
	267	+	(h) (II) The breakage at any greyhound race meet shall be retained13
	268	+	by the licensee under whose license the greyhound race meet was held.14
	269	+	(III) Except as otherwise provided in subsection (1)(h)(IV) or (4)15
	270	+	of this section, the breakage on any simulcast race of horses or16
	271	+	greyhounds received by an in-state simulcast facility shall be retained by17
	272	+	the operator of the in-state simulcast facility.18
	273	+	(i) An operator of an in-state simulcast facility shall retain the19
	274	+	proceeds derived from all unclaimed pari-mutuel tickets for each20
	275	+	simulcast race of greyhounds received for a race held at an out-of-state21
	276	+	host track and, after a period of one year following the simulcast race, the22
	277	+	proceeds revert and belong to the operator.23
	278	+	(4) Pursuant to a valid simulcasting agreement, an operator of an24
	279	+	in-state simulcast facility that receives simulcast signals of horse or25
	280	+	greyhound races held in another state may:26
	281	+	SECTION 8. In Colorado Revised Statutes, 44-32-704, amend27
	282	+	1041
	283	+	-9- (1) and (2)(a) as follows:1
	284	+	44-32-704. Limitations on pari-mutuel wagering. (1) Wagers2
	285	+	on pari-mutuel horse or greyhound races conducted in or out of this state3
	286	+	may only be placed ONLY upon the premises of a racetrack or an in-state4
	287	+	simulcast facility licensed by the commission or the out-of-state racetrack5
	288	+	or simulcast facility as authorized by the commission. No wagering or6
	289	+	betting on the results of any of the races licensed under this article 327
	290	+	shall be conducted outside a licensed or approved racetrack or simulcast8
	291	+	facility.9
	292	+	(2) (a) No person or agent or employee of any person shall place,10
	293	+	receive, offer, or agree to place or receive a wager on a pari-mutuel horse11
	294	+	or greyhound race, conducted in or broadcast in this state, by messenger,12
	295	+	telephone, telegraph, facsimile machine, or other electronic device;13
	296	+	except that this subsection (2) shall not apply to associations or simulcast14
	297	+	facilities licensed by the commission. Nothing in this section shall be15
	298	+	construed to prohibit gambling as provided in section 18-10-102 (2)(d).16
	299	+	SECTION 9. In Colorado Revised Statutes, 26-13-118.7, amend17
	300	+	as it will become effective July 1, 2023, (2) as follows:18
	301	+	26-13-118.7. Gambling winnings - interception - rules.19
	302	+	(2) Upon receipt from the registry operator of a payment and20
	303	+	accompanying information pursuant to section 44-33-105 (2)(b), the state21
	304	+	department, through the casino, sports betting operator, internet sports22
	305	+	betting operator, racetrack, or off-track betting facility, shall notify the23
	306	+	obligated parent in writing that the state intends to offset the parent's child24
	307	+	support debt, child support arrearages, or child support costs against the25
	308	+	parent's winnings from limited gaming, from sports betting, or from26
	309	+	pari-mutuel wagering on horse or greyhound racing. The notice must27
	310	+	1041
	311	+	-10- include information concerning the parent's right to object to the offset1
	312	+	and to request an administrative review pursuant to the rules of the state2
	313	+	board.3
	314	+	SECTION 10. In Colorado Revised Statutes, 44-33-103, amend4
	315	+	as it will become effective July 1, 2023, (3) as follows:5
	316	+	44-33-103. Definitions. As used in this article 33, unless the6
	317	+	context otherwise requires:7
	318	+	(3) "Payment" means cash winnings from limited gaming, from8
	319	+	sports betting, or from pari-mutuel wagering on horse or greyhound9
	320	+	racing payable by a licensee for which the licensee is required to file form10
	321	+	W-2G, or a substantially equivalent form, with the United States internal11
	322	+	revenue service.12
	323	+	SECTION 11. Act subject to petition - effective date -13
	324	+	applicability. (1) This act takes effect October 1, 2024; except that, if a14
	325	+	referendum petition is filed pursuant to section 1 (3) of article V of the15
	326	+	state constitution against this act or an item, section, or part of this act16
	327	+	within the ninety-day period after final adjournment of the general17
	328	+	assembly, then the act, item, section, or part will not take effect unless18
	329	+	approved by the people at the general election to be held in November19
	330	+	2024 and, in such case, will take effect on the date of the official20
	331	+	declaration of the vote thereon by the governor.21
	332	+	(2) This act applies to conduct occurring on or after the applicable22
	333	+	effective date of this act. 23
	334	+	1041
	335	+	-11-