(1) There is hereby created, within the department, the division of racing events, the head of which shall be the director of the division of racing events. The director shall be appointed by, and shall be subject to removal by, the executive director. The division of racing events, the Colorado racing commission created in section 44-32-301, and the director of the division of racing events shall exercise their respective powers and perform their respective duties and functions as specified in this article 32 under the department as if the same were transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24; except that the commission shall have full and exclusive authority to promulgate rules related to racing without any approval by, or delegation of authority from, the department.
(2) The division shall make investigations and shall request the commission or the district attorney of any district, as appropriate, to prosecute, on behalf of and in the name of the division, suits and proceedings for any of the purposes necessary and proper for carrying out the functions of the division.
Source: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 290, § 2, effective October 1. L. 2019: (1) amended, (SB 19-241), ch. 390, p. 3481, § 68, effective August 2.
Editor's note: This section is similar to former § 12-60-201 as it existed prior to 2018. 44-32-202. Director - qualifications - powers and duties - rules. (1) The director shall be qualified by training and experience to direct the work of the division; and, notwithstanding the provisions of section 24-5-101, shall be of good character and shall not have been convicted of any felony or gambling-related offense.
The director shall not engage in any other profession or occupation that could presenta conflict of interest with the director's duties as director of the division.
The director, as administrative head of the division, shall direct and supervise alladministrative and technical activities of the division. In addition to the duties imposed upon the director elsewhere in this article 32, it shall be the director's duty:
To investigate, supervise, and administer the conduct of racing in accordance withthe provisions of this article 32 and the rules of the commission;
To attend meetings of the commission or to appoint a designee to attend in the director's place;
To employ and direct personnel as may be necessary to carry out the purposes of thisarticle 32, but no person shall be employed who has been convicted of a felony or gamblingrelated offense, notwithstanding the provisions of section 24-5-101. The director by agreement may secure and provide payment for such services as the director may deem necessary from any department, agency, or unit of the state government and may employ and compensate such consultants and technical assistants as may be required and as otherwise permitted by law. Personnel employed by the director shall include but shall not be limited to a sufficient number of veterinarians, as defined in the "Colorado Veterinary Practice Act", article 315 of title 12, so that at least one veterinarian employed by the director, or by the operator, as provided in section 44-32-706 (1), shall be present at every racetrack during weighing in of animals and at all times that racing is being conducted; and the director shall by rule authorize any such veterinarian to conduct physical examinations of animals, including without limitation blood and urine tests and other tests for the presence of prohibited drugs or medications, to ensure that the animals are in proper physical condition to race, to prohibit any animal from racing if it is not in proper physical condition to race, and to take other necessary and proper action to ensure the health and safety of racing animals and the fairness of races.
To confer, as necessary or desirable and not less than once each quarter, with thecommission on the conduct of racing;
To make available for inspection by the commission or any member of the commission, upon request, all books, records, files, and other information and documents of the director's office;
To advise the commission and recommend such rules and such other matters as thedirector deems necessary and advisable to improve the conduct of racing;
To make a continuous study and investigation of the operation and the administrationof similar laws that may be in effect in other states or countries, any literature on the subject that from time to time may be published or available, any federal laws that may affect the conduct of racing, and the reaction of Colorado citizens to existing and potential features of racing events in Colorado with a view to recommending or effecting changes that will tend to serve the purposes of this article 32;
(I) To establish and adjust fees for all licenses and registrations issued pursuant tothis article 32 in an amount sufficient to generate revenue that approximates the direct and indirect cost of administering this article 32; except that an increase of more than ten percent in the fee for an occupational license or registration shall be subject to ratification by the commission. Except as provided in subsection (3)(h)(II) of this section, the fees shall be credited to the racing cash fund created in section 44-32-205.
(II) In establishing and adjusting the source market fee defined in section 44-32-102 (23), the director may allocate a portion of the fee to be credited to any horse purse trust account established in accordance with section 44-32-702 (1)(f) if the director determines that such an allocation is necessary to maintain a sufficient and competitive purse structure. The total fee paid under this section must not exceed the limit set forth in section 44-32-501 (2)(d).
(i) To perform any other lawful acts that the director and the commission may consider necessary or desirable to carry out the purposes and provisions of this article 32.
(4) If so directed by the commission, the director may, on behalf of this state:
(a) Negotiate, enter into, and participate in one or more interstate compacts that enable party states to act jointly and cooperatively to create more uniform, effective, and efficient practices, programs, and rules relating to:
Live horse and greyhound racing; and
Pari-mutuel wagering activities, both on-track and off-track, that occur in or affect aparty state;
(b) Serve as this state's authorized representative on a commission to negotiate one or more interstate compacts as described in subsection (4)(a) of this section. If the compact commission undertakes to promulgate rules to be adopted by party states, the director shall endeavor to ensure that the process by which the rules are promulgated conforms substantially to the model state administrative procedure act of 1981, as amended, insofar as the terms of the model act are appropriate to the actions and operations of the compact commission.
Source: L. 2018: IP(3) and (3)(h) amended, (SB 18-182), ch. 115, p. 811, § 1, effective April 12; entire article added with relocations, (HB 18-1024), ch. 26, p. 290, § 2, effective October 1. L. 2019: (3)(c) amended, (HB 19-1172), ch. 136, p. 264, § 1734, effective October 1.
Editor's note: (1) This section is similar to former § 12-60-202 as it existed prior to 2018.
Subsection IP(3) was amended in SB 18-182. Those amendments were supersededby the amendment of subsection IP(3) in HB 18-1024.
Subsection (3)(h) of this section was numbered as § 12-60-202 (3)(h) in SB 18-182. That provision was harmonized with and relocated to this section as this section appears in HB 18-1024.