SECTION 5B. Assessment for operation of commission; refund

[Text of section effective until July 31, 2019. Repealed by 2011, 194, Sec. 39. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; and 2018, 159, Sec. 14.]

Section 5B. (a) One-quarter of one per cent of the total amount deposited at all racing meetings by the patrons wagering at such meetings shall be used to reimburse the commonwealth for funds appropriated by the general court for the operation and general administration of the commission for the fiscal year next following the calendar year in which said total amount was wagered. Said one-quarter of one per cent shall be retained by the commission from the sums paid daily to the commission pursuant to section five and shall be deposited in the General Fund.

(b) The commission is hereby authorized to make an assessment in each fiscal year against each licensee conducting a racing meeting in the commonwealth. Said assessment shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce revenue to reimburse the commonwealth for funds appropriated for the operation of the commission, including amounts sufficient to cover the cost of fringe benefits as established by the commissioner of administration pursuant to section six B of chapter twenty-nine; provided, however, that the total assessment for all licensees, not including the revenues received pursuant to paragraph (a), shall not exceed seven hundred and fifty thousand dollars. Said assessment shall be made proportionately against each licensee on the basis of the amount withheld by each licensee less the sum paid to the commission as determined by section five. Each licensee against whom an assessment is made shall pay over daily to the commission a pro rata share of the assessment determined by dividing the total assessment of that license by the number of dates granted to the licensee pursuant to section three. If the commission fails to expend in any fiscal year the total amount assessed under this paragraph, any amount unexpended shall be credited against the assessment to be made in the following year and the assessment in such following year shall be reduced by such unexpended amount; provided, however that, if no racing dates are granted in the following year to any licensee, the portion of unexpended funds due such licensee as a credit shall, at the request of such licensee to the state treasurer, be refunded.