Mass. Gen. Laws ch. 128C, sec. 5 — MA Code / Part I / Title XIX / Chapter 128C / Section 5
Simulcast wagering at guest track for harness horse races from host track; payments to winning patrons, commission, host track and harness horse capital improvements trust fund
Status: repealed

[ Text of section effective until December 15, 2027 Repealed by 2011, 194, Sec. 41. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39; 2005, 176, Sec. 12; 2006, 54, Sec. 11; 2006, 449, Secs. 18 and 21; 2008, 290, Sec. 11; 2009, 167, Sec. 11; 2010, 203, Sec. 11; and 2011, 77, Sec. 11 and as repealed by 2011, 194, Sec. 83.] [ First paragraph effective until December 15, 2027. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12; 2011, 194, Sec. 84; 2014, 264, Sec. 11; 2016, 176, Sec. 11; 2017, 56, Sec. 11; 2018, 159, Sec. 11; 2019, 47, Sec. 11; 2020, 1, Sec. 11; 2020, 106, Sec. 11; 2021, 27, Sec. 11; 2022, 128, Sec. 11; 2023, 26, Sec. 17; and 2025, 73, Sec. 69. For text effective December 15, 2027, see below.] Section 5. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners. [ First paragraph effective December 15, 2027 does not take effect. See 2011, 194, Secs. 41 and 112; 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73. For text effective until December 15, 2027, see above.] Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, as defined in section five of chapter one hundred and twenty-eight A, and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners. Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the such breaks and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse, also known as a straight wager, and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed twenty-six percent of the total amount so deposited. The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-quarter of one percent to the breeders association of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to five percent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to five and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to seven and one-half percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the nineteen percent withheld from the straight wager as provided in this section. The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-half of one percent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to three-quarters of one percent to the breeders association of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to six percent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to six and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to eleven percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the twenty-six percent withheld from the exotic wager pool as provided in this section. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners. [ Sixth paragraph effective until December 15, 2027. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12; 2011, 194, Sec. 84; 2014, 264, Sec. 11; 2016, 176, Sec. 11; 2017, 56, Sec. 11; 2018, 159, Sec. 11; 2019, 47, Sec. 11; 2020, 1, Sec. 11; 2020, 106, Sec. 11; 2021, 27, Sec. 11; 2022, 128, Sec. 11; 2023, 26, Sec. 17; and 2025, 73, Sec. 69. For text effective December 15, 2027, see below.] Each licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 0.5 per cent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.5 per cent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of 0.25 per cent of the straight wagering pool and 0.75 per cent of the exotic wagering pool shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that the harness horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at the race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners. If a new harness horse racing meeting licensee should replace the existing harness horse meeting licensee during any point in a calendar year and a new contract between the new harness horse meeting licensee and the horseman's association is not agreed upon before the start of the next racing season, then the last signed, executed and completed contract between the previous harness horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon. [ Sixth paragraph effective December 15, 2027 does not take effect. See 2011, 194, Secs. 41 and 112; 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73. For text effective until December 15, 2027, see above.] Each such licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed nineteen percent of the straight wagering pool and twenty-six percent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that from the total of such percentages withheld the sum of three-eighths of one percent shall be paid daily to the commission on behalf of the commonwealth; the sum of one-half of one percent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of one-quarter of one percent of the straight wagering pool and three-quarters of one percent of the exotic wagering pool shall be paid daily to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track.

[ Text of section effective until December 15, 2027 Repealed by 2011, 194, Sec. 41. See 2011, 194, Sec. 112 as amended by 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 1995, 268, Sec. 20; 1999, 163, Sec. 12; 2000, 354, Sec. 14; 2001, 25, Sec. 1; 2001, 54, Sec. 4; 2001, 70, Sec. 4; 2001, 95, Sec. 4; 2001, 108, Sec. 4; 2001, 121, Sec. 4; 2001, 139, Sec. 39; 2005, 176, Sec. 12; 2006, 54, Sec. 11; 2006, 449, Secs. 18 and 21; 2008, 290, Sec. 11; 2009, 167, Sec. 11; 2010, 203, Sec. 11; and 2011, 77, Sec. 11 and as repealed by 2011, 194, Sec. 83.]

[ First paragraph effective until December 15, 2027. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12; 2011, 194, Sec. 84; 2014, 264, Sec. 11; 2016, 176, Sec. 11; 2017, 56, Sec. 11; 2018, 159, Sec. 11; 2019, 47, Sec. 11; 2020, 1, Sec. 11; 2020, 106, Sec. 11; 2021, 27, Sec. 11; 2022, 128, Sec. 11; 2023, 26, Sec. 17; and 2025, 73, Sec. 69. For text effective December 15, 2027, see below.]

Section 5. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

[ First paragraph effective December 15, 2027 does not take effect. See 2011, 194, Secs. 41 and 112; 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73. For text effective until December 15, 2027, see above.]

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, as defined in section five of chapter one hundred and twenty-eight A, and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the such breaks and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse, also known as a straight wager, and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed twenty-six percent of the total amount so deposited.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-quarter of one percent to the breeders association of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to five percent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to five and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to seven and one-half percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the nineteen percent withheld from the straight wager as provided in this section.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-half of one percent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to three-quarters of one percent to the breeders association of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to six percent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to six and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to eleven percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the twenty-six percent withheld from the exotic wager pool as provided in this section.

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners.

[ Sixth paragraph effective until December 15, 2027. See 2001, 139, Sec. 45 as amended by 2005, 176, Sec. 13; 2006, 54, Sec. 12; 2006, 449, Secs. 19 and 21; 2008, 290, Sec. 12; 2009, 167, Sec. 12; 2010, 203, Sec. 12; 2011, 77, Sec. 12; 2011, 194, Sec. 84; 2014, 264, Sec. 11; 2016, 176, Sec. 11; 2017, 56, Sec. 11; 2018, 159, Sec. 11; 2019, 47, Sec. 11; 2020, 1, Sec. 11; 2020, 106, Sec. 11; 2021, 27, Sec. 11; 2022, 128, Sec. 11; 2023, 26, Sec. 17; and 2025, 73, Sec. 69. For text effective December 15, 2027, see below.]

Each licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 3/8 per cent shall be paid daily to the commission on behalf of the commonwealth; the sum of 0.5 per cent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.5 per cent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of 0.25 per cent of the straight wagering pool and 0.75 per cent of the exotic wagering pool shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that the harness horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at the race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners. If a new harness horse racing meeting licensee should replace the existing harness horse meeting licensee during any point in a calendar year and a new contract between the new harness horse meeting licensee and the horseman's association is not agreed upon before the start of the next racing season, then the last signed, executed and completed contract between the previous harness horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon.

[ Sixth paragraph effective December 15, 2027 does not take effect. See 2011, 194, Secs. 41 and 112; 2014, 165, Sec. 192; 2016, 176, Sec. 12B; 2017, 56, Sec. 14; 2018, 159, Sec. 14; 2019, 47, Sec. 14; 2020, 1, Sec. 14; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73. For text effective until December 15, 2027, see above.]

Each such licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed nineteen percent of the straight wagering pool and twenty-six percent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that from the total of such percentages withheld the sum of three-eighths of one percent shall be paid daily to the commission on behalf of the commonwealth; the sum of one-half of one percent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of one-quarter of one percent of the straight wagering pool and three-quarters of one percent of the exotic wagering pool shall be paid daily to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track.