(1) (a) Except as otherwise provided in subsection (1)(b) of this section and in sections 44-32-701, 44-32-702 (1), and 44-32-705, all sums referred to in sections 44-32-701, 44-32-702 (1), and 44-32-705, including all sums collected for license fees and fines pursuant to the provisions of this article 32, shall be paid to the department through the division on the tenth business day of the month immediately following the month in which each performance took place, and the licensee shall make a return as required by rules of the commission.
(b) In temporary or emergency situations, a licensed operator for the racing of animals, with the approval of and under the direction of the director or the director's designee, may provide for veterinary services as described in section 44-32-202 (3), at the licensed operator's expense, and the expense thus incurred may be deducted from the payment made to the department in accordance with subsection (1)(a) of this section; except that the amount deducted shall not exceed the amount set by the commission for those veterinary services.
All money collected by the department through the division shall, on the next business day following the receipt thereof, be transmitted to the state treasurer, who shall credit the same to the general fund of the state; except that license fees established and collected by the director pursuant to section 44-32-202 (3)(h) shall be credited to the racing cash fund created in section 44-32-205. The department shall have all the powers, rights, and duties provided in article 21 of title 39 to carry out the collection.
The general assembly shall annually appropriate from the racing cash fund created insection 44-32-205 the direct and indirect costs of administering this article 32.
Any person who fails to make a return or pay any tax required under this article 32 shall be liable for penalties and interest as follows:
A penalty of the greater of fifteen dollars for each failure to make a return and foreach failure to pay a tax when due, or ten percent thereof plus one-half percent per month from the date when due, not exceeding eighteen percent, in the aggregate; and
Interest on any tax due, from the date due, at the rate specified in section 39-21110.5.
Source: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 318, § 2, effective October 1.
Editor's note: This section is similar to former § 12-60-705 as it existed prior to 2018.