Colorado § 44-32-602 - Simulcast facilities and simulcast races - unlawful act.

§ 44-32-602. Simulcast facilities and simulcast races - unlawful act.

(1) It is unlawful for any person to accept or place wagers on any simulcast race within the state of Colorado except under the provisions of this article 32. It is lawful to conduct pari-mutuel wagering on simulcast races of horses or that are received by an in-state simulcast facility authorized and operated pursuant to this article 32.

(2) Repealed.

(3) A race meet of horses that is conducted at an in-state host track may be received as a simulcast race by any simulcast facility; except that, notwithstanding any consent granted pursuant to section 44-32-501 (3.5), if an in-state simulcast facility is located within fifty miles of a horse track that has held within the previous twelve months, or that is licensed and scheduled to hold within the next twelve months, a horse race meet of no less than thirty race days, the in-state simulcast facility may not receive simulcast races of horses on any day on which the horse track is running live horse races unless the licensee of the horse track consents to the in-state simulcast facility's reception of such races.

(4) (a) Repealed.

(b) (I) (A) An in-state simulcast facility that is located on the premises of a class B track may receive simulcast horse races from an out-of-state host track as authorized by the commission. The total includes, and is not in addition to, the days on which live racing is held.

(B) A facility that is reopening as a track may receive three days of simulcast horse races from an out-of-state host track for each day of live horse racing for which the commission has granted it a race date for the subsequent year. A day of simulcast horse races, for the purposes of this subsection (4)(b), shall not include a day on which live horse races are conducted at the horse track at which the simulcast facility is located or a day on which the simulcast facility receives only simulcast races of horses from a race meet conducted at an in-state host track.

(II) An in-state simulcast facility that is not located on the premises of a horse track that runs a horse race meet of at least thirty live race days may receive a broadcast signal of a simulcast horse race conducted at an out-of-state host track only through an in-state simulcast facility that is located on the premises of a horse track that runs a horse race meet of at least thirty live race days.

(III) On any day on which an in-state simulcast facility receives simulcast horse races, either directly from an out-of-state host track or through another in-state simulcast facility or facility that is reopening as a track, and on which one or more in-state host tracks are running live horse races, the in-state simulcast facility shall receive and conduct pari-mutuel wagering on the broadcast signal of simulcast horse races from at least one such in-state host track, if the broadcast signal is made available to it on usual and customary terms and conditions, including price, as determined by the commission.

(IV) All simulcasting of horse races shall comply with the federal "Interstate Horseracing Act of 1978", 15 U.S.C. secs. 3001 to 3007, as amended.

(V) For purposes of administering this subsection (4)(b), each operating year of an in-state simulcast facility located on the premises of a class B track shall be deemed to begin on April 21 and end on the following April 20. Simulcast days allotted to such a facility pursuant to this subsection (4)(b) may be used at any time during the operating year, but unused days remaining as of the end of one operating year may not be carried forward to the next operating year.

(5) An in-state simulcast facility having a written simulcast racing agreement with an in-state or out-of-state host track pursuant to section 44-32-503 (2) may receive simulcast races, as specified in subsection (4)(b) of this section, on any day, including a day not within the race meet of the in-state simulcast facility that is also a track and a day on which no live race is conducted within the race meet of the in-state simulcast facility that is also a track.

Source: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 309, § 2, effective October 1. L. 2019: (4)(b)(I)(B) amended, (SB 19-241), ch. 390, p. 3481, § 69, effective August 2. L. 2023: (3) amended, (SB 23-165), ch. 329, p. 1968, § 5, effective August 7; (1) and (5) amended, (HB 23-1041), ch. 339, p. 2037, § 4, effective October 1, 2024; (2)(b) and (4)(a)(III) added by revision, (HB 23-1041), ch. 339, pp. 2037, 2041, §§ 4, 11.

Editor's note: (1) This section is similar to former § 12-60-602 as it existed prior to 2018.

(2) Subsections (2)(b) and (4)(a)(III) provided for the repeal of subsections (2) and (4)(a), respectively, effective October 1, 2024. (See L. 2023, pp. 2037, 2041.)