Colorado § 44-32-101 - Legislative declaration.

§ 44-32-101. Legislative declaration.

(1) The general assembly finds, determines, and declares that:

(a) The provisions of this article 32 are enacted through the exercise of the police powers of this state for the protection of the health, peace, safety, and general welfare of the people of this state;

(b) Horse racing is an inherently dangerous sport. Race horses weigh in excess of one thousand pounds, are almost six feet in height at the withers, and can run faster than thirty miles per hour. Horse racing brings significant physical risks to humans and horses. Jockeys and other persons working with horses have been injured before, during, and after horse races, occasionally resulting in death. As a result of these risks, it is crucial that persons working with horses in racing must at all times be free of any substances that might impair their judgement, reflexes, or ability to control a horse. Recent drug testing of horse racing licensees has shown instances of illegal drug use and consumption of alcohol in excess of statutory limitations, which could, therefore, endanger both human and equine participants. The most effective method of preventing alcohol and drug abuse and ensuring the safety of all persons and animals included in the sport of horse racing is to establish a program of alcohol and drug testing.

(c) The purposes of this article 32 include:

(I) Promoting racing and the recreational, entertainment, and commercial benefits to be derived therefrom;

(II) Raising revenue for the general fund;

(III) Establishing high standards of sport and fair play;

(IV) Protecting the health and safety of all participants, human and animal, involved in racing events both on and off the racetrack; and

(V) Fostering honesty and fair dealing in the racing industry.

(2) This article 32 shall be liberally construed for all the stated purposes in this section.

Source: L. 2018: Entire section amended, (SB 18-172), ch. 129, p. 850, § 1, effective April 12; entire article added with relocations, (HB 18-1024), ch. 26, p. 286, § 2, effective October 1.

Editor's note: (1) This section is similar to former § 12-60-101 as it existed prior to 2018.

(2) This section was numbered as § 12-60-101 in SB 18-172. That section was harmonized with and relocated to this section as this section appears in HB 18-1024.

ANNOTATION

Annotator's note. A case decided under CSA, C. 138A, §§ 7 and 11 has been included in the annotations to this section.

Colorado's racing act as a whole is not a revenue measure, but such portions thereof as provide for the collection of revenue to be paid into the general fund of the state are revenue measures. Centennial Turf Club, Inc. v. Colo. Racing Comm'n, 129 Colo. 529, 271 P.2d 1046 (1954).

Because the Colorado statute is almost word for word the same as the Oregon statute, it would appear that the general assembly followed the Oregon statute in preparing the act. Centennial Turf Club, Inc. v. Colo. Racing Comm'n, 129 Colo. 529, 271 P.2d 1046 (1954).