§ 902. Equine drug testing and expenses. 1. In order to assure the\npublic's confidence and continue the high degree of integrity in racing\nat the pari-mutuel betting tracks, equine drug testing at race meetings\nshall be conducted by a state college or at a land grant university\nwithin this state. The commission shall promulgate any rules and\nregulations necessary to implement the provisions of this section,\nincluding administrative penalties of loss of purse money, fines, or\ndenial, suspension or revocation of a license for racing drugged horses.\n 2. Notwithstanding any inconsistent provision of the law, all costs\nand expenses of the gaming commission for equine drug testing and\nresearch shall be paid from an appropriation from the state treasury, on\nthe certification of the executive director of the commission, upon the\naudit and warrant of the comptroller and pursuant to a plan developed by\nthe commission as approved by the director of the budget; provided,\nhowever, the commission may direct the assessment imposed pursuant to\nsubdivision three of this section to be paid directly to the laboratory\nauthorized to conduct equine drug testing pursuant to subdivision one of\nthis section, provided however, upon direction of the commission, any\namounts directly paid to such laboratory shall constitute an encumbrance\nof appropriation.\n 3. (a) The commission may impose an assessment on each race track\nlicensed or franchised pursuant to this chapter, and an additional per\nstart fee, for any additional costs and expenses of equine drug testing\nand research conducted at a laboratory authorized pursuant to\nsubdivision one of this section, after all other funds for such purpose\nhave been expended.\n (b) (i) The commission shall establish an assessable amount by May\nfirst of each year based on the projected deficit of revenues deposited\ninto the racing regulation account established by section ninety-nine-i\nof the state finance law, including funds deposited pursuant to sections\none hundred fifteen, two hundred thirty-six, two hundred thirty-eight,\nthree hundred seven, three hundred eight, three hundred eighteen, five\nhundred twenty-seven, one thousand seven, one thousand eight, one\nthousand nine, one thousand fourteen, one thousand fifteen, one thousand\nsixteen, and one thousand eighteen of this chapter in relation to the\nconduct of racing, the amount of funds paid for equipment pursuant to\nsubdivision two of section two hundred twenty-eight of this chapter, the\namount of funds received by the commission from the purse enhancement\naccount for equine health and safety pursuant to paragraph two of\nsubdivision b of section sixteen hundred twelve of the tax law in\nrelation to video lottery terminal facilities at race tracks licensed\npursuant to articles two and three of this chapter, and by the amount of\nfunds generated by any other existing fees, taxes and assessments paid\nby race tracks or owners licensed pursuant to articles two and three of\nthis chapter for the purpose of equine drug testing, compared to\nexpenses in the racing regulation account. The commission shall impose\nthe assessable amount as an assessment upon each race track, and as an\nadditional per start fee on each owner. In no event shall the total\nassessable amount exceed the total expense projected by the commission\nfor equine drug testing and research conducted at a laboratory\nauthorized pursuant to subdivision one of this section during that year.\n (ii) The total value of the assessment imposed upon all race tracks\nshall be fifty percent of the assessable amount calculated by\nsubparagraph (i) of this paragraph, and shall be assessed in a manner\nthat is proportional to the number of starts at each race track during\nthe previous year. In no event shall any race track impose the cost of\nsuch assessment, in part or in whole, on any owner or trainer.\n (iii) The total value of the additional per start fee imposed on\now
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