§ 44-32-706 — Payments to state - disposition

Colorado § 44-32-706

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Racing

Text

(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.

(2) 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.

(3) The general assembly shall annually appropriate from the racing cash
fund created in section 44-32-205 the direct and indirect costs of administering
this article 32.

(4) 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) A penalty of the greater of fifteen dollars for each failure to make a
return and for each 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

(b) Interest on any tax due, from the date due, at the rate specified in section
39-21-110.5.

Legislative History

Source: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 318, � 2, effective October 1.