(1) Repealed. (2) (a) (I) For the privilege of conducting racing under a license issued under and of operating an in-state simulcast facility pursuant to this article 32, a licensee for the racing of horses and an operator of an in-state simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall pay to the department through the division three- fourths of one percent of the gross receipts of the pari-mutuel wagering at any race meet or placed on the simulcast races; except that a licensee for the racing of horses at a class B track race meet shall pay to the department through the division three-fourths of one percent of the gross receipts of the pari-mutuel wagering at any such race meet. (I.5) (A) Notwithstanding section 44-32-706 (2), on January 1, 2025, of the money that is paid to the department by licensees pursuant to subsection (2)(a)(I) of this section, the department shall transfer twenty-five thousand dollars to the fund created in subsection (2)(a)(I.5)(B) of this section, and on January 1, 2026, the department shall transfer fifty thousand dollars to the fund, in accordance with rules promulgated by the commission. (B) The greyhound welfare and adoption fund, referred to in this subsection (2)(a)(I.5) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2)(a)(I.5)(A) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund. Subject to annual appropriation by the general assembly, the department may make distributions of money from the fund to greyhound welfare and adoption organizations in accordance with rules of the commission. The commission shall not condition distributions from the account on whether a greyhound welfare and adoption organization supports or opposes greyhound racing. The state treasurer shall transfer all unexpended and unencumbered money in the fund on July 31, 2026, to the general fund. (C) This subsection (2)(a)(I.5) is repealed, effective August 1, 2026. (II) (A) In addition to the amount paid to the department through the division in subsection (2)(a)(I) of this section, a licensee for the racing of horses and an operator of an in- state simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall pay to Colorado state university for allocation to its school of veterinary medicine one-fourth of one percent of the gross receipts of all pari-mutuel wagering, except on win, place, or show, at the horse race meet or placed on the simulcast races, to be used for racing-related equine research. To receive research funding under this subsection (2)(a)(II), an institution or individual must describe and report to the commission on all projects upon completion. (B) (Deleted by amendment, L. 2023.) (b) In addition to any money to be paid pursuant to subsection (2)(a) of this section, a licensee for the racing of horses and an operator of an in-state simulcast facility that receives simulcast races of horses pursuant to section 44-32-602 (4)(b) shall pay to a trust account one- half of one percent of the gross receipts of pari-mutuel wagering on win, place, and show and one and one-half percent of the gross receipts from all other pari-mutuel wagering at any such race meet or placed on the simulcast races for the horse breeders' and owners' awards and supplemental purse fund established in section 44-32-705. (c) (I) The operator of a simulcast facility that receives simulcast races of horses pursuant to section 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. (II) Of the five percent of gross receipts retained pursuant to subsection (2)(c)(I) of this section, the operator of a simulcast facility that is not located at a class B track and that receives simulcast races of horses shall remit to the operator of the class B track from which the simulcast races were received one-fifth, representing one percent of the gross receipts of pari-mutuel wagering placed on the simulcast races at the simulcast facility. (3) For the purpose of encouraging the breeding, within the state, of race horses registered within their breeds, at least one race of each day's live horse race meet shall consist exclusively of Colorado-bred horses, if Colorado-bred horses are available. This requirement shall not apply to an in-state simulcast facility that is a horse track and that receives simulcast races of horses on any given race meet day but does not conduct a live horse race on such day.
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