STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of proposed amended rule #3.105 of Colorado Racing Commission Rules is to modify the rule to be current with the new modified Colorado Revised Statute 12-60-202(3)(h).
Current Rule C.R.C.R. #3.105
3.105 –In connection with 12-60-701(4), the Commission shall establish and annually adjust fees for race meets and other licenses issued. The total receipts from all licenses issued shall generate sufficient revenue to meet the total costs of the Division.
Proposed Amended Rule C.R.C.R. #3.105
3.105 –In connection with 12-60-701(4)202(3)(h), the CommissionDIVISION DIRECTOR shall establish and annually adjust, IF NECESSARY, SOURCE MARKET FEES, fees for race meets and other licenses issued. The total receipts from all licenses issued shall generate sufficient revenue to meet the total costs of the Division.
STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the repeal of current rule #5.312 in its entirety and adoption of proposed new rule #5.312 of Colorado Racing Commission Rules is to amend the use, threshold levels and penalty structure of approved NSAID’s as published in the Association of Racing Commissioners (ARCI) Model Rules document which is recognized as an industry standard by the Colorado Racing Commission.
Current Rule C.R.C.R. #5.312 – Proposed for repeal in its entirety
5.312– Phenylbutazone, Flunixin (Banamine) and Ketoprofenwill be the only non-steroidal anti-inflammatory drugs (NSAID) approved for horse racing.
a)When approved, the test level for Phenylbutazone or itsmetabolite, Oxyphenylbutazoneshall not exceed 5 micrograms per milliliter of blood, serum, or plasma.
b)When approved, the test level for Flunixin (Banamine) shall not exceed 0.5 micrograms per milliliter of blood serum or plasma.
c)When approved, the test level for Ketoprofen shall not exceed 0.01 microgram (10 nanograms) per milliliter of blood serum or plasma.
d)The penalties for having an excess level of Phenylbutazone, Flunixin (Banamine), or Ketoprofen are as follows:
First offense per trainer per year
PhenylbutazoneFlunixin (Banamine) KetoprofenPenalty
2.5 to 5.0 mcg.:.25 to .50 mcg.: 5 to 10 ng/ml:verbal warning
5.1 to 7.5 mcg.:.51 to .75 mcg.: 11 to 15 ng/ml:$200.00 fine
7.6 to 10.0 mcg.:.76 to 1.0 mcg.: 16 to 20 ng/ml:$250.00 fine
above 10.0 mcg.:above 1.0 mcg.: above 20 ng/ml: $500.00 fine, loss of purse and summary
suspension and search.
Second offense per trainer per year
PhenylbutazoneFlunixin (Banamine) KetoprofenPenalty
2.5 to 5.0 mcg.:.25 to .50 mcg.: 5 to 10 ng/ml:verbal warning
5.1 to 7.5 mcg.:.51 to .75 mcg.: 11 to 15 ng/ml:$250.00 fine and loss
of purse
7.6 to 10.0 mcg.:.76 to 1.0 mcg.: 16 to 20 ng/ml:$500.00 fine and
loss of purse
above 10.0 mcg.:above 1.0 mcg.: above 20 ng/ml:$1000.00 fine, loss
of purse, summary suspension and search
e) Horses entered to race on Phenylbutazone, Flunixin (Banamine)or Ketoprofenmust show a detectable level of the drug in any pre or post-race blood and/or urine sample.
f) Under no circumstances shall a horse be allowed to have more than one non-steroidal anti-inflammatory drug (NSAID) in its blood and/or urine, unless otherwise approved by the Commission veterinarian, in special circumstances only, in which Phenylbutazone must be less than 1 mcg. The penalty for violating this rule is a $500.00 fine.
Proposed New Rule C.R.C.R. #5.312
(1) The use of one of three approved NSAIDs shall be permitted under the following conditions:
(a) Not to exceed the following permitted serum or plasma threshold concentrations, which are consistent with administration by a single intravenous injection at least 24 hours before the post time for the race in which the horse is entered:
(i)Phenylbutazone (or its metabolite oxyphenylbutazone) – 2 MICROGRAMS PER MILLILITER;
(ii)Flunixin – 20 NANOGRAMS PER MILLILITER;
(iii)Ketoprofen – 10 nanograms per milliliter.
(b) These or any other NSAID are prohibited to be administered within the 24 hours before post time for the race in which the horse is entered.
(c) Under no circumstances shall a horse be allowed to have more than one non-steroidal anti-inflammatory drug (NSAID) in its blood and/or urine, unless otherwise approved by the Commission veterinarian, in special circumstances only, in which Phenylbutazone must be less than 1 mcg. The penalty for violating this rule is a $500.00 fine.
(2) Any horse to which a NSAID has been administered shall be subject to having a blood and/or urine sample(s) taken at the direction of the official veterinarian to determine the quantitative NSAID level(s) and/or the presence of other drugs which may be present in the blood or urine sample(s).
STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of the proposed new rule #5.433 of Colorado Racing Commission Rules is to clarify how the Division will treat detection of a substance that appears on the Environmental Contaminant List when such substance is found in the system of a racing animal by means of ImmunoAssay testing, but not confirmed by another type of test.
Proposed New Rule C.R.C.R. #5.433
5.433 – THE COMMISSION MAY ADOPT, AS PART OF THE ANIMAL WELFARE AND MEDICATION POLICY, A THERAPEUTIC MEDICATION LIST THAT CONTAINS MEDICATIONS DEEMED TO HAVE THERAPUTIC PROPERTIES ON RACE HORSES. SUCH PUBLISHED LIST SHALL GIVE APPROPRIATE WITHDRAWAL TIMES THAT SHOULD ALLOW UNDER NORMAL CIRCUMSTANCES A STANDARD DOSE AS DESCRIBED ON THE LABEL TO AVOID DETECTION BY THE COMMISSION’S PRIMARY TESTING LABORATORY. This rule shall only pertain to drugs that are mass-produced in a regulated drug manufacturing facility and does not pertain to compounded drugs which are individually prepared and tailored to the needs of a specific patient. DURING THE COURSE OF A RACE MEET, THE DIRECTOR, GIVEN GOOD CAUSE, AND IN CONSULTATION WITH THE STATE’S PRIMARY TESTING LABORATORY, AND/OR THE VETERINARIAN, MAY CHANGE THE RECOMMENDED DETECTION TIME IN ORDER TO BETTER INFORM THE OWNERS, TRAINERS AND VETERINARIANS TO AVOID VIOLATIONS.
STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of the proposed amended rule #6.120 of Colorado Racing Commission Rules is to increase the administrative authority of the Board of Stewards, Board of Judges or a Hearing officer when they determine that violation of the Rules or of the Law has occurred.
Current Rule C.R.C.R. #6.120
6.120 – When the Board or a hearing officer determines, in compliance with the provisions of these Rules, that a violation of these Rules or of the Law has occurred, it has the authority to suspend a license for a period not to exceed one hundred and twenty (120) days, or to impose a fine not in excess of Five Hundred Dollars ($500), or both except as described in rule 3.437, or except as restricted in the enforcement of citations by Rule 6.124. Licensees so suspended shall be denied all licenses and not in good standing until the terms of the boards order have been satisfied. In addition, if the Board or a hearing officer believes a more severe penalty should be imposed, it may refer the case to the Commission for further action. A fine or suspension may not be rescinded by the Board or a hearing officer except with approval of the Commission.
Proposed Amended Rule C.R.C.R. #6.120
6.120 – When the Board or a hearing officer determines, in compliance with the provisions of these Rules, that a violation of these Rules or of the Law has occurred, it has the authority to suspend a license for a period not to exceed one hundred and twenty (120) days, ONE HUNDRED AND EIGHTY (180) DAYS, or to impose a fine not in excess of Five Hundred Dollars ($500), ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500), or both except as described in rRule 3.437, or except as restricted in the enforcement of citations by Rule 6.124. Licensees so suspended shall be denied all licenses and not in good standing until the terms of the bBoard’s order have been satisfied. In addition, if the Board or a hearing officer believes a more severe penalty should be imposed, it may refer the case to the Commission for further action. A fine or suspension may not be rescinded by the Board or a hearing officer except with approval of the Commission.
STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of proposed new rule #7.219 of Colorado Racing Commission Rules is to recommend a Jockey Fee Structure to be approved by the Colorado Racing Commission as presented by the Association representing the Owners and the Jockeys at an approved race meet as published in the Association of Racing Commissioners (ARCI) Model Rules document which is recognized as an industry standard by the Colorado Racing Commission.
Proposed New Rule C.R.C.R. #7.219
THE ORGANIZATION REPRESENTING THE MAJORITY OF HORSE OWNERS AND JOCKEYS SHOULD REACH AND PRESENT AN AGREEMENT TO THE COMMISSIONAT LICENSUREPRIOR TO THE START OF A RACE MEET. IN THE ABSENCE OF A CONTRACT OR SPECIAL AGREEMENT, AND TAKING INTO CONSIDERATION LOCAL CONDITIONS AND TOTAL PURSES PAID AT THEIR RACING FACILITY, THE COMMISSION SHALL USE THE FOLLOWING GUIDELINE FOR ESTABLISHING JOCKEY MOUNT FEES.
Jockey Mount FeesPurses / Winning Mount / Second Mount / Third Mount / Fourth Mount / Other Mounts
0 to $2,499 / 10%of Win Purse / $55 / $50 / $45 / $40
$2,500 to $4,999 / 10%of Win Purse / $60 - $75 / $55 - $70 / $50 - $65 / $45 - $60
$5,000 to $9,999 / 10%of Win Purse / $65 - $85 / $60 - $80 / $55 - 75 / $50 - $65
$10,000 to $24,000 / 10%of Win Purse / 5% of Place Purse / $90-$100 / $70 - $90 / $65 - $80
$25,000 to $49,000 / 10%of Win Purse / 5% of Place Purse / 5% of Show Purse / $80-$100 / $75 - $95
$50,000 to $99,999 / 10%of Win Purse / 5% of Place Purse / 5% of Show Purse / 5% of Fourth Place Purse / $80-$100
$100,000 and up / 10%of Win Purse / 5% of Place Purse / 5% of Show Purse / 5% of Fourth Place Purse / $105-$115
400’s --- COLORADO GREYHOUND PURSE, WELFARE, ADOPTION AND GREYHOUND RACING PROMOTION FUND
STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of the proposed amended rule #9.410 of Colorado Racing Commission Rules is to give the Colorado Racing Commission authority and preference to disperse funds from the Greyhound Racing Promotion Fund to Colorado Entities.
Current Rule C.R.C.R. #9.410
9.410 – At least once a year, during its regularly scheduled meeting, the commission shall entertain requests for distribution of the monies deposited in the purse trust fund pursuant to sections 12-60-701 (2)(a)(II)(B) and 12-60-702 (1)(e)(II) C.R.S, using the following guidelines for distribution:
:1 – At the request of the licensed association scheduled to conduct a live greyhound race meet in the upcoming year, the commission may direct all monies to remain in trust to be paid as purses for that meet; or
:2 – If there is no live greyhound racing or no request is made and granted by the commission that the money stay in escrow for purses, the commission may accept requests for reimbursement. Requests shall be filed with the division 30 days prior to the scheduled meeting. The division director shall review all requests and forward those requests that meet all requirements to the commission, with a recommendation for disbursement based on funds available at the time and best use of the funds for overall greyhound welfare and racing. All requests must be from the following: greyhound welfare and adoption organizations or other entities or organizations that promote or participate in greyhound racing or promote the welfare of racing greyhounds. In order to request reimbursement, the entity or organization must meet the following:
A: - Must be a licensee in good standing and subject to all the rules and regulations of the commission, and
B: - Must be on a form approved by the commission, and
C: - Must be an entity or organization that promotes greyhound welfare and does not act in the opposition of greyhound racing.
Proposed Amended Rule C.R.C.R. #9.410
9.410 – At least once a year, during its regularly scheduled meeting, the commission shall entertain requests for distribution of the monies deposited in the purse trust fund pursuant to sections 12-60-701 (2)(a)(II)(B) and 12-60-702 (1)(e)(II) C.R.S, using the following guidelines for distribution:
:1 – At the request of the licensed association scheduled to conduct a live greyhound race meet in the upcoming year, the commission may direct all monies to remain in trust to be paid as purses for that meet; or
:2 – If there is no live greyhound racing or no request is made and granted by the commission that the money stay in escrow for purses, the commission may accept requests for reimbursement. Requests shall be filed with the division 30 days prior to the scheduled meeting. The division director shall review all requests and forward those requests that meet all requirements to the commission, with a recommendation for disbursement based on funds available at the time and best use of the funds for overall greyhound welfare and racing. WHEN DISPERSING FUNDS THE COMMISSION SHALL GIVE PREFERENCE TO COLORADO ENTITIES. All requests must be from the following: greyhound welfare and adoption organizations or other entities or organizations that promote or participate in greyhound racing or promote the welfare of racing greyhounds. In order to request reimbursement, the entity or organization must meet the following:
A: - Must be a licensee in good standing and subject to all the rules and regulations of the commission, and
B: - Must be on a form approved by the commission, and
C: - Must be an entity or organization that promotes greyhound welfare
and does not act in the opposition of greyhound racing.
STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE: The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of new Chapter #10 of Colorado Racing Commission Rules is that in amending the Colorado Revised Statutes to allow for out-of-state wagering on simulcast races, the state legislature sought to provide an avenue for the State of Colorado to enter into interstate compacts governing racing and to also provide for the collection of source market fees from out-of-state simulcast activity. The Colorado Racing Commission (“CRC”) is tasked with creating rules to license and regulate interstate wagering on horse and greyhound racing and collection of source market fees, which will prevent illegal interstate pari-mutuel wagering on racing.
In promulgating new Chapter #10 of the Colorado Racing Commission Rules, the CRC has provided definitions of certain terms to provide standard and consistent meaning with regard to words utilized within the rules. New Chapter #10 of the Colorado Racing Commission Rules will consist of Rules 10.102, 10.104, 10.106, 10.108, 10.110, 10.112, 10.114, 10.116, 10.118, 10.120, 10.122, 10.124, 10.126, 10.128, 10.130, 10.132, 10.134, 10.136, 10.138, 10.140, 10.202, 10.204, 10.206, and 10.208.
CHAPTER 1
--- DEFINITIONS ---
Authorized pari-mutuel wagering entity - a PERSON IN or OUT OF STATE that is duly licensed by the COLORADO RACING COMMISSION to conduct pari-mutuel wagering ON LIVE and simulcast RACING.
Electronic Wager - a wager placed by ELECTRONIC means USING FUNDS FROM an electronic WAGERING account made by the account holder in person, via telephonic device or through other electronic means.
ELECTRONIC WAGERING ACCOUNT – A FORMAL RECORD OF ALL TRANSACTIONS (DEBITS, WAGERS, DEPOSITS, WITHDRAWALS AND CREDITS) INITIATED BY AN ACCOUNT HOLDER IN AN ELECTRONIC WAGERING ACCOUNT WITH AN AUTHORIZED PARI-MUTUEL WAGERING ENTITY.
Electronic Wagering Account activity - any deposit, withdrawal, wager or other transaction made by the account holder.
Electronic Wagering Account holder - a natural person authorized by an authorized pari-mutuel wagering entity to place wagers via account wagering.
Electronic Wagering Center - the facility or facilities which have the capability of accepting account wagers utilizing wired or wireless communications devices, including but not limited to wireline telephones, wireless telephones, and the internet, to electronically transmit the placement of wagers on races and special events.
Electronic Wagering Deposit – a pari-mutuel wagering in which an individual deposits money in an account with an authorized pari-mutuel wagering entity to be used for pari-mutuel wagering authorized by law to be conducted by the authorized pari-mutuel wagering entity.
Internet - a computer network consisting of a worldwide network of computer networks that use the TCP/IP network protocols to facilitate data transmission and exchange.
Off-track-betting entity - an entity authorized corporation created pursuant to the Colorado Racing Commission, and Pari-Mutuel Wagering Law.
Racing law - consolidated laws of the State of Colorado pertaining to Racing, and Pari-Mutuel Wagering.
Report - a summary of wagering activity or other record prepared pursuant to this SUB-CHAPTER.
SOURCE MARKET FEE – A LICENSING FEE, ASSESSED BY THE DIRECTOR PURSUANT TO C.R.S. 12-60-202(3)(H), IN LIEU OF TAXES AND FEES OTHERWISE PAYABLE BY PERSONS OUTSIDE OF COLORADO WHO CONDUCT PARI-MUTUEL WAGERING ON SIMULCAST RACES AND WHO ACCEPT WAGERS FROM COLORADO RESIDENTS AT OUT-OF-STATE SIMULCAST FACILITIES.
Stored value instrument - Funds or monetary value represented in digital electronics format and stored or capable of storage on electronic media in such a way as to be retrievable and transferable electronically.
New Rule C.R.C.R #10.102
THE CRC AUTHORIZED PARI-MUTUEL WAGERING ENTITY MAY OFFER A SYSTEM OF ELECTRONIC WAGERING WHEREBY WAGERS AND WITHDRAWALS ARE DEBITED AND WINNING PAYOFFS AND DEPOSITS ARE CREDITED TO AN ACCOUNT HELD BY AN AUTHORIZED PARI-MUTUEL WAGERING ENTITY ON BEHALF OF AN ACCOUNT HOLDER PROVIDED:
(1)PRIOR COMMISSION APPROVAL IS GRANTED FOR THE ACCOUNT WAGERING SYSTEM.
(2)ACCOUNTS ARE RESTRICTED FOR PARI-MUTUEL WAGERING PURPOSES ONLY.
(3)ACCOUNT WAGERS ARE DEEMED TO BE RACING SIMULCAST COMMON POOL WAGERS FOR ALL PURPOSES.
New Rule C.R.C.R. #10.104
Authorized pari-mutuel wagering entities are authorized to conduct account wagering pursuant to the written plan of operation approved by the Commission. The plan of operation shall include, at a minimum;
(1)Systems of processing wagers.
(2)Internal controls for account wagering.
(3)Account wagering rules.
New Rule C.R.C.R. #10.106
Accounts shall be used for wagering purposes only. Authorized pari-mutuel wagering entities may establish/open accounts for individuals provided the following minimum requirements are met:
(1)An account holder shall be a natural person eighteen (18) years of age or older.
(2)Accounts may be opened in accordance with procedures set forth in a plan of operation approved by the Commission.
(3)Account holders shall provide their age, address, mailing address, phone, social security number and date of birth.
(4)Application shall be signed.
(5)A copy of each properly validated credential will be maintained with the appropriate account application. A copy of a social security card is required at the time of the application. the number will be verified with a reporting agency and such report is maintained with the account application.