N.Y. Comp. Codes R. & Regs. tit. 9 § 4118.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4118.2 - Deductions

(a) At a licensed track where there is no provision relating to purse deductions for drivers in an agreement between such track and such track's horsemen's representative, each driver shall be entitled to five percent of the purse earned by any horse such driver drives at such track, which amount shall be deducted from such purse otherwise payable to the horse's owner (which term shall include lessee, nominator and breeder) and shall be payable directly to said driver by such track at such time as such purse payment is authorized. In the event a purse is thereafter declared forfeit or ordered redistributed, such action shall in like manner affect such five percent allocation, and if previously paid, the driver recipient shall promptly repay such sum to such track. Any private agreement with a driver relating to driver compensation shall not affect the track's responsibility herein to pay said driver's five percent allocation. At a licensed track where there is any provision relating to purse deductions for drivers in an agreement between such track and such track's horsemen's representative, this rule shall not apply.

(b) Except as provided in subdivision (a) of this section, all purses contested for shall be distributed according to the conditions of the race and no deduction, voluntary or involuntary, may be made from any purse or stake or futurity other than for payments to be made to owners, nominators or breeders of money-winning horses and organization or promotion expenses stipulated for stakes and futurities.

(c) At a licensed track where there is no provision relating to purse deductions for trainers, in an agreement between such track and such track's horsemen's representative, each trainer shall be entitled to five percent of the purse earned by any horse such trainer trains at such track, which amount shall be deducted from such purse otherwise payable to the horse's owner (which term shall include lessee, nominator and breeder) and shall be payable directly to said trainer by such track at such time as such purse payment is authorized. In the event a purse is thereafter declared forfeit or ordered redistributed, such action shall in like manner affect such five-percent allocation, and if previously paid, the trainer recipient shall promptly repay such sum to such track. Any private agreement with a trainer relating to trainer compensation shall not affect the track's responsibility herein to pay said trainer's five percent allocation. At a licensed track where there is any provision relating to purse deductions for trainers in an agreement between such track and such track's horsemen's representative, this rule shall not apply.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4118.2