§ 1012-a. Multi-jurisdictional account wagering providers. A
multi-jurisdictional account wagering provider shall only be licensed
under the following conditions:

1. the multi-jurisdictional account wagering provider is licensed by
the state in which it is located and, if required, by each state in
which it operates;

2. the character and the background of the multi-jurisdictional
account wagering provider is such that granting the applications for a
license is in the public interest and the best interest of honest horse
racing;

3. the multi-jurisdictional account wagering provider shall utilize
the services of an independent third party to perform identity and
verification services with respect to the establishment of wagering
accounts for persons who are residents of the state of New York;

4. the commission shall be allowed access to the premises of the
multi-jurisdictional account wagering provider to visit, investigate
and, place such expert accountants and other persons it deems necessary
for the purpose of insuring compliance with the rules and regulations of
the commission;

5. if not already registered, the multi-jurisdictional account
wagering provider shall agree promptly to take those steps necessary to
qualify to do business in New York state, and to maintain such status in
good standing throughout the license period;

6. multi-jurisdictional account wagering providers shall:

(a) pay a market origin fee equal to five and forty-five hundredths
percent on each wager accepted from New York residents.

(b) pay an additional fee equal to one percent on each wager accepted
from New York residents which shall be directed to the general fund of
the state treasury.

(c) make the required payments to the market origin account on or
before the fifth business day of each month and such required payments
shall cover payments due for the period of the preceding calendar month;
provided, however, that such payments required to be made on April
fifteenth shall be accompanied by a report under oath, showing the total
of all such payments, together with such other information as the
commission may require. A penalty of five percent and interest at the
rate of one percent per month from the date the report is required to be
filed to the date the payment shall be payable in case any payments
required by this subdivision are not paid when due. If the commission
determines that any moneys received under this subdivision were paid in
error, the commission may cause the same to be refunded without interest
out of any moneys collected thereunder, provided an application therefor
is filed with the commission within one year from the time the erroneous
payment was made. The commission shall pay into the racing regulation
account, under the joint custody of the comptroller and the commission,
the total amount of the fee collected pursuant to paragraph (a) of this
subdivision.