§ 905. Combination of New York wagers with wagers made in other states\nor foreign countries. 1. The combination of New York wagers with wagers\nof the same type made in other states or foreign countries is hereby\nauthorized pursuant to rules and regulations of the commission so as to\nproduce a common pari-mutuel pool for the calculation of odds and the\ndetermination of pay-outs from such pool, which payout shall be, as far\nas may be consistent herewith, the same for all winning bets of such\ntype irrespective of whether a wager is placed in this state or in\nanother state or foreign country.\n 2. The combination of wagers on New York races. a. The commission may\nauthorize the combination of out-of-state or foreign wagers on horse\nraces in New York state with the same type of wagers made in New York\nstate at the site of the statewide interface designated by the\ncommission for the combination of on-track and off-track wagers made in\nNew York state.\n b. In this regard the commission shall enact rules and regulations\nincluding but not limited to insuring the following standards: that the\nout-of-state or foreign wagering operator is duly authorized to conduct\nsuch wagering by the laws of the applicable out-of-state or foreign\ngovernment and is of satisfactory ethical and financial repute; that all\nsuch wagers are made in a format consistent with the format for such\nwagers in New York state as to number of betting entries and the\ncombination of such entries into coupled entries and fields; that if the\nlaws of such other state or foreign country permit, that such wagers\nshall be subject to the identical retention and breakage rates as\npertain at the site of the New York interface; that if the laws of such\nother state or foreign country prescribe a retention or breakage rate\ndifferent from that in New York state it would not be contrary to the\npublic interest to compute odds and payouts for such out-of-state or\nforeign wagers consistent with such law; that if it is consistent with\nthe public interest to compute odds and payouts for such out-of-state or\nforeign wagers according to retention or breakage rates different from\nthose in New York state, that the site of the New York interface is\nready and able to carry out such computations consistent with the\nformulas hereinafter prescribed; that in regard to foreign wagers, that\nfor computational purposes all foreign wagers to be combined shall be\nconverted into American dollars at the prevailing exchange rates\nestablished by a money center bank on the date of the race (although\nbreakage shall be computed consistent with foreign currency\ndenominations); that other than the variations caused by retention or\nbreakage computations that all odds and pay-outs shall be computed and\ncalculated, refunds or cancellations awarded or allowed, and\noverpayments or underpayments corrected solely in accordance with the\napplicable rules in New York state whose laws shall govern all disputes\npertinent thereto; that the means, methods and times of transmission of\nwagering data necessary to the proper implementation of this subdivision\nshall be as prescribed and approved by the commission; that all entities\nwhose wagers are so combined have agreed that the odds and final\npay-offs shall be computed in accordance with the data available for\ncomputation at the site of the statewide interface at the start of the\nrace and that pay-off computations in accordance therewith shall be\nfinal regardless of mistakes in transmission or failures to transmit or\nreceive all wagers and that the out-of-state or foreign operators shall\nbe solely responsible for claims asserted in that regard for wagers made\nthrough such operators; that the out-of-state or foreign operator\nconsents to be subject to audit by the commissioner of taxation and\nfinance or his or her designee to verify the accuracy and completeness\nof all wagers required to be transmitted by it hereunder; and such
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