NY Rac, Pari-Mut Wag & Breeding L § 902 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 9 - Miscellaneous 902 - Equine Drug Testing and Expenses.

§  902.  Equine  drug  testing and expenses. 1. In order to assure the public's confidence and continue the high degree of integrity in  racing at  the pari-mutuel betting tracks, equine drug testing at race meetings shall be conducted by a state college or  at  a  land  grant  university within  this  state.  The  commission  shall  promulgate  any  rules and regulations necessary to  implement  the  provisions  of  this  section, including  administrative  penalties  of  loss of purse money, fines, or denial, suspension or revocation of a license for racing drugged horses.   2. Notwithstanding any inconsistent provision of the  law,  all  costs and  expenses  of  the  gaming  commission  for  equine drug testing and research shall be paid from an appropriation from the state treasury, on the certification of the executive director of the commission, upon  the audit and warrant of the comptroller and pursuant to a plan developed by the  commission  as  approved  by  the director of the budget; provided, however, the commission may direct the assessment  imposed  pursuant  to subdivision  three of this section to be paid directly to the laboratory authorized to conduct equine drug testing pursuant to subdivision one of this section, provided however, upon direction of  the  commission,  any amounts directly paid to such laboratory shall constitute an encumbrance of appropriation.   3.  (a)  The  commission  may  impose an assessment on each race track licensed or franchised pursuant to this chapter, and an  additional  per start  fee, for any additional costs and expenses of equine drug testing and  research  conducted  at  a  laboratory   authorized   pursuant   to subdivision  one of this section, after all other funds for such purpose have been expended.  (b) (i) The commission shall establish an  assessable  amount  by  May first  of each year based on the projected deficit of revenues deposited into the racing regulation account established by section  ninety-nine-i of the state finance law, including funds deposited pursuant to sections one  hundred  fifteen, two hundred thirty-six, two hundred thirty-eight, three hundred seven, three hundred eight, three hundred  eighteen,  five hundred  twenty-seven,  one  thousand  seven,  one  thousand  eight, one thousand nine, one thousand fourteen, one thousand fifteen, one thousand sixteen, and one thousand eighteen of this chapter in  relation  to  the conduct  of  racing,  the amount of funds paid for equipment pursuant to subdivision two of section two hundred twenty-eight of this chapter, the amount of funds received by the commission from  the  purse  enhancement account  for  equine  health  and  safety  pursuant  to paragraph two of subdivision b of section sixteen  hundred  twelve  of  the  tax  law  in relation  to  video  lottery terminal facilities at race tracks licensed pursuant to articles two and three of this chapter, and by the amount of funds generated by any other existing fees, taxes and  assessments  paid by  race tracks or owners licensed pursuant to articles two and three of this chapter for  the  purpose  of  equine  drug  testing,  compared  to expenses  in  the racing regulation account. The commission shall impose the assessable amount as an assessment upon each race track, and  as  an additional  per  start  fee  on  each owner. In no event shall the total assessable amount exceed the total expense projected by  the  commission for   equine  drug  testing  and  research  conducted  at  a  laboratory authorized pursuant to subdivision one of this section during that year.  (ii) The total value of the assessment imposed upon  all  race  tracks shall   be   fifty  percent  of  the  assessable  amount  calculated  by subparagraph (i) of this paragraph, and shall be assessed  in  a  manner that  is  proportional to the number of starts at each race track during the previous year. In no event shall any race track impose the  cost  of such assessment, in part or in whole, on any owner or trainer.  (iii)  The  total  value  of  the  additional per start fee imposed on owners licensed pursuant to this chapter as an additional per start  fee shall   be   fifty  percent  of  the  assessable  amount  calculated  by subparagraph (i) of this paragraph divided by the total number of starts in the previous year, and shall be assessed and paid in the same manner, and  in  addition to, the fee for the start of a horse in New York state pari-mutuel races provided by section  one  hundred  fifteen-a  of  this chapter.   4.  Payment of the assessment imposed by this section shall be made to the commission, or to the laboratory authorized to conduct  equine  drug testing  if  directed by the commission, by each entity required to make such payments. Payments of such assessment shall be  made  on  the  last business  day  of  each  month and shall cover one-twelfth of the annual assessment, provided however that all such payments required to be  made on the last day of April shall be due with the May payment. A penalty of five percent, and interest at the rate of one percent per month from the date  the  assessment,  is  due  to  the  date  of  the  payment  of the assessment, and shall be payable in case any assessment imposed by  this chapter  is  not  paid  when  due. If the commission determines that any payment received under this section was paid in  error,  the  commission may  cause  the  same  to be refunded without interest out of any monies collected thereunder, provided an application therefor is filed with the commission within one year from the time the erroneous payment is made.   5. Any deficit in the racing regulation account on March  thirty-first of  each  year,  excluding  any  deficit attributed to the negative fund balance as of March thirty-first, two thousand seventeen, shall be added to the assessable amount for the following year. Fifty  percent  of  any surplus  in  such  account as of March thirty-first of each year, not to exceed the amount of the assessment imposed on race tracks in that year, shall be used to reduce the assessment imposed on each race track in the following year in proportion to the amount paid by each  race  track  in the year of the surplus. Fifty percent of any surplus in such account as of  March  thirty-first  of each year, not to exceed the total amount of the additional start fees in that year, shall  be  used  to  reduce  the additional  per start fee in the following year. Such reduction shall be calculated in the same manner as the additional per start fee.   6. Not later than May first, each year, the commission shall submit to the director of the budget, the temporary president of  the  senate  and the  speaker  of  the  assembly a report on the revenue generated by the assessment, the total cost of equine drug  testing,  and  any  projected deficit  or  surplus  in  the  racing regulation account. The commission shall also publish such report on the commission's website  as  soon  as practicable.   7.  A  franchised racing corporation may, in its discretion and at its expense, fund for the exclusive use or utilization  of  the  commission, the  construction  and  equipping of an equine drug testing and research laboratory pursuant to subdivision one of this section. Such corporation shall consult with the commission  and  relevant  industry  stakeholders regarding the proper scope and equipping of a laboratory. The siting and use  of  such  laboratory shall be pursuant to a long-term lease between the corporation and the commission.  The  commission  shall  operate  or contract   for   the   operation  of  such  laboratory.  The  franchised corporation shall prepare an initial report for the  year  two  thousand twenty-one, provided, however, the franchised corporation has elected to fund  the  construction  and  equipping  of such laboratory. Such report shall be submitted to the governor, the speaker of the assembly, and the temporary president of the senate, no later than the first day of  April two  thousand  twenty-one.  The  gaming  commission  shall also make the  report public on their website. Such initial report shall  include,  but not  be  limited  to,  information related to the siting and initial and ongoing financing of the laboratory.