The commission may assess annually, in arrears, on each registrant proportional to the interactive fantasy sports gross revenue of such registrant in the preceding year compared to the aggregate interactive fantasy sports gross revenue of all registrants in the preceding year actual costs necessary to regulate in accordance with the provisions of this article. Such assessments shall be made only within amounts appropriated therefor.
N.Y. Rac. Pari-Mut. Wag. and Breed. Law § 1408