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SIMULCAST WAGERING OF HORSE AND DOG RACING

M.G.L. pt. Part I, tit. Title XIX, ch. c. 128C
in effect

M.G.L. c. 128C, § 1 Definitions

c. 128C, § 1. Definitions [ 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 Repealed by 2011, 194, Sec. 41.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11; 2006, 449, Secs. 18 and 21; 2008, 290, Sec. 11; 2009, 167, Sec. 11; 2010, 203, Sec. 11; 2011, 77, Sec. 11 and as repealed by 2011, 194, Sec. 83.] Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: [ Definitions of "Breaks'' and "Bridge signal'' inserted following introductory clause 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.] "Breaks'', in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered. In the case of racing meetings conducted at a host track outside the commonwealth, the amount of the breaks shall be determined in accordance with the laws of the state in which the host track is located. "Bridge signal'', an entire racing card from a single running horse racing meeting located in the state of Arizona, California, Oregon, Texas or Washington. "Commission'', the Massachusetts gaming commission established in chapter 23K. "Companion card'', a full program of running horse races from outside the commonwealth run at the same time as the running horse racing meeting licensee located in Suffolk county on a specified day as approved by the state racing commission. "Dark days'', those days during a racing season on which live racing is not conducted. "Dark season'', that period of consecutive days between racing seasons during which a racing meeting licensee may not conduct live racing performances. "Full schedule of live racing performances'', the conduct of no fewer than seven live races at not less than four separate racing performances each full week during a racing season. "Guest track'', a racing meeting licensee or an out-of-state pari-mutuel wagering facility which accepts any simulcast wager on a live race conducted at another track which is presented by simulcast at its facility. "Host track'', a racing meeting licensee or an out-of-state track which conducts a live race which is the subject of inter-track simulcasting and simulcast wagering. "Inter-track simulcasting'', the simulcast of a live race conducted at one track to another track, whether either of said tracks is inside or outside the commonwealth, to permit the recipient of the simulcast to accept simulcast wagers on the race. [ Definition of "Premium'' inserted following definition of "Inter-track simulcasting'' 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.] "Premium'', the amount paid to a racing meeting licensee in addition to the host track fee. "Racing card'', a full program of races on a specified day as approved by the state racing commission at a racing meeting licensee, a pari-mutuel licensee, or other licensed wagering facility located outside the commonwealth. [ Definition of "Racing day'' inserted following definition of "Racing card'' 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.] "Racing day'', a day on which 1 or more racing performances are conducted. "Racing meeting licensee'', a person licensed by the commission, under chapter one hundred and twenty-eight A or any special law, to conduct live horse or dog racing meetings; provided, however, that for the purposes of this chapter the words racing meeting licensee shall not include licensees holding racing meetings in connection with a state or county fair. "Racing performance'', the conduct of at least seven live races during one day. "Racing season'', that period of consecutive days including dark days during which a racing meeting licensee conducts a full schedule of live racing performances pursuant to his operating license. "Same class'', with respect to greyhound racing, greyhound races; with respect to thoroughbred racing, thoroughbred races; with respect to harness racing, harness races. "Simulcast'', the broadcast, transmission, receipt or exhibition, by any medium or manner, of a live race, including but not limited to, a system, network, or programmer which transmits, or receives, television or radio signals by wire, satellite, or otherwise. "Simulcast wager'', a wager taken at a guest track on a race conducted live at another track, whether inside or outside the commonwealth. "Takeout'', that amount of money wagered which is not returned as prize money to the wagerers and which does not include the breaks as defined in section five of chapter one hundred and twenty-eight A of the General Laws.

M.G.L. c. 128C, § 2 Simulcast wagering by racing meeting licensees; restrictions

c. 128C, § 2. Simulcast wagering by racing meeting licensees; restrictions [ 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. See, also, 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. 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. For text effective December 15, 2027, see below.] Section 2. A racing meeting licensee, except a licensee operating within Berkshire county, shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth except in Berkshire county and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right may be exercised only on any calendar day on which the licensee conducts a racing performance, a dark day, or during a dark season. Any violation of this chapter shall be cause for the commission to suspend or revoke a license pursuant to section 11 of chapter 128A. The right to simulcast is subject to the following exceptions and conditions, and each racing meeting licensee shall obtain prior approval from the commission:-- (1) The greyhound dog racing meeting licensee located in Suffolk county shall have the right to simulcast at any location in Suffolk county approved by the commission: (a) unlimited greyhound dog racing; (b) on any day of the calendar year, unlimited running horse racing from and after 6:00 p.m., plus the entire racing cards from any 2 running horse racing meetings in the state of California; and (c) a total of 4 harness horse racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner the racing card from the harness horse racing meeting licensee located in Norfolk county and pay therefor at the rate of 11 per cent and (ii) simulcast a minimum of 3 interstate harness horse racing cards, if available, and pay to the harness horse racing meeting licensee located in Norfolk county a 3 per cent premium with respect to any interstate harness horse simulcasts received, over and above the cost of obtaining such simulcasts. The greyhound racing licensee located in Suffolk county may also simulcast, commencing at 6:00 p.m., running horse racing meetings conducted at race tracks located in the Asian- Pacific-Rim region, so-called, that are not located in a territory of the United States; provided, however, that, with respect to such racing meetings only, such simulcasting rights shall extend until the completion of any such racing meeting being simulcast. The greyhound racing licensee located in Suffolk county shall pay to the running horse racing meeting licensee located in Suffolk county a 6 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to simulcasts of the 2 California racing cards for which a premium of 7 per cent shall be paid, and except with respect to the special events, so-called, for which no premium need be paid. (2) The greyhound dog racing meeting licensee located in Bristol county shall have the right to simulcast at any location in Bristol county approved by the commission: (a) unlimited greyhound dog racing; (b) on any day of the calendar year, unlimited running horse racing from and after 6:00 p.m., plus the entire racing cards from any 2 running horse racing meetings in the state of California; and simulcasts of the Suffolk county running horse racing meeting licensee's live races during its racing season and 2 so-called companion cards; and 6 interstate running horse simulcasts prior to 4:00 p.m. on any day the Suffolk county running horse racing meeting licensee does not conduct live races; and (c) a total of 4 harness horse racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner the racing card from the harness horse racing meeting licensee located in Norfolk county and pay therefor at the rate of 11 per cent and (ii) simulcast a minimum of 3 interstate harness horse racing cards, if available, and pay to the harness horse racing meeting licensee located in Norfolk county a 3 per cent premium with respect to any interstate harness horse simulcasts received, over and above the cost of obtaining such simulcasts. The greyhound dog racing meeting licensee shall pay to the running horse racing meeting licensee located in Suffolk county a fee of 11 per cent for the intrastate running horse simulcasts and shall pay a 3 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to the special events, so-called, for which no premium need be paid. (3) In addition to the rights granted in subparagraphs (1) and (2), the greyhound dog racing meeting licensee located in Suffolk county and the greyhound dog racing meeting licensee located in Bristol county shall have the right to simulcast 15 running horse special events, so-called, through the simulcast hub of the running horse racing meeting licensee located in Suffolk county without paying the premiums required in subparagraphs (1) and (2); provided, further, that said greyhound dog racing meeting licensees shall receive the simulcasts on the same terms as other racing meeting licensees or no Massachusetts racing meeting licensee shall be authorized to simulcast such special events. (4) The harness horse racing meeting licensee located in Norfolk county shall have the right to simulcast at any location in Norfolk county approved by the commission: (a) unlimited harness horse racing; (b) on any day during the calendar year, unlimited running horse racing, except during the live racing performances of the running horse racing meeting licensee located in Suffolk county; plus the entire racing cards from any 2 running horse racing meetings in the state of California; and simulcasts of the Suffolk county running horse racing meeting licensee's live races during its racing season and 2 companion cards; and (c) a total of 5 greyhound racing performances on any day of the calendar year, provided, further, that the licensee shall (i) simulcast in a fair and equal manner all racing cards from the greyhound racing meeting licensee located in Bristol county and the greyhound racing meeting licensee located in Suffolk county and pay therefor a fee at the rate of 11 per cent to each greyhound racing meeting licensee and (ii) simulcast up to 3 interstate greyhound dog racing cards and pay to the greyhound dog racing meeting licensee located in Bristol county a 3 per cent premium with respect to any interstate greyhound dog simulcasts received, over and above the costs of obtaining such simulcasts; but if the licensee simulcasts a fifth interstate greyhound simulcast on any single calendar day then the licensee shall pay to the greyhound dog racing meeting licensee in Bristol county a 4 per cent premium for only that fifth interstate greyhound simulcast signal received, over and above the costs of obtaining that signal. The harness horse racing meeting licensee located in Norfolk county shall pay to the running horse racing meeting licensee located in Suffolk county a fee of 11 per cent for its intrastate racing cards, and shall pay a 2 per cent premium with respect to any interstate running horse simulcasts received, over and above the cost of obtaining such simulcasts, except with respect to the special events, so-called, for which no premium need be paid, and except during any 12 weeks per year chosen by the Norfolk county licensee and identified in its annual application for a racing meeting license, during which no premium need be paid. (5) The running horse racing meeting licensees located in Suffolk county and Worcester county may simulcast at any location in Suffolk county or Worcester county, respectively, as approved by the commission: (a) unlimited running horse racing; and (b) on any day during the calendar year, unlimited harness horse racing, except during live racing performances of the harness horse racing licensee located in Norfolk county. The Suffolk county and Worcester county horse racing licensees shall simulcast the racing cards of the harness horse racing licensee located in Norfolk county and shall pay a fee of 11 per cent for the intrastate racing cards and shall pay a 2 per cent premium with respect to any interstate harness horse simulcasts received over and above the costs of obtaining such simulcasts, except during any 12 weeks per year chosen by the Suffolk county or Worcester county licensees and identified in their annual applications for a racing meeting license, during which no premium need be paid. The running horse racing meeting licensee located in Suffolk county shall pay to the greyhound dog racing meeting licensee located in Suffolk county an 8 per cent premium with respect to any intrastate or interstate greyhound dog simulcasts received, over and above the cost of obtaining such simulcasts. All premiums received by a running horse racing meeting licensee, harness horse racing meeting licensee or greyhound racing meeting licensee pursuant to this section shall be paid into the purse accounts of the horsemen or dogmen, respectively, at the race track licensee where the premiums were received and paid to the horsemen or dogmen as purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, used for payment of administrative and horseracing operations; provided, however, that the premiums shall be in addition to all other amounts required to be paid into purses in accordance with chapter 128A and chapter 128C. Each race track licensee shall file with the commission, within 90 days of the end of each calendar year, an accounting of the use and disbursement during such calendar year of any and all premiums paid into such purse accounts. The commission is authorized, in any case it deems appropriate, to conduct an audit of any such purse accounts and shall report the findings of any such audit within 30 days of the conclusion thereof to the house and senate chairs of the joint committee on government regulations. All racing meeting licensees, whether acting as a host or guest track for simulcasting purposes, shall file with the commission, the clerk of the senate and the clerk of the house of representatives a copy of all contracts, agreements, or conditions pursuant to which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges. No racing meeting licensee, whether acting as a guest track or host track, shall simulcast live races unless the licensee conducts a full schedule of live racing performances during a racing season except that, if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting and, if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until the licensee conducts or resumes a full schedule of live racing performances; provided, however, that no racing meeting licensee shall simulcast live races in any racing season unless the racing meeting licensee is licensed to and actually conducts at least 900 live races over the course of not less than 100 calendar days during that racing season with no fewer than 7 races completed on any of those 100 calendar days. All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that, if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees. Each racing meeting licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between the periods of racing pursuant to an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the commission in accordance with the license fees charged pursuant to the provisions of chapter 128A. No other daily fees shall be assessed. Notwithstanding any general or special law to the contrary, any host track that simulcasts a race to any out-of-state wagering facility that is within 100 miles of the host track shall pay to the representative breeders' association of the same class as is simulcast, a sum equal to 0.25 per cent of the total amount wagered at the receiving wagering facility. Chapter 128C: Section 2. Simulcast wagering by racing meeting licensees; restrictions [ Text of section 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.] Section 2. A racing meeting licensee shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right shall only be exercised on any calendar day on which it conducts a racing performance, a dark day or during a dark season; provided, however, that any violation of the provisions of this chapter shall be cause for the commission to invoke its power to suspend or revoke its operating license pursuant to section eleven of chapter one hundred and twenty-eight A. Where two racing meeting licensees in Norfolk county use the same track during a calendar year, each of said licensees shall have the same rights to simulcast during any period of time between racing meetings. A racing meeting licensee shall make simulcasts of live races conducted by such racing meeting licensee available to all otherwise eligible racing meeting licensees, including greyhound racing meeting licensees who have successfully made application to the commission to simulcast, on the same terms, to include economic terms, and conditions. Such right to simulcast is subject to the following exceptions and conditions: Each racing meeting licensee shall comply with the following applicable provisions. All licensees licensed to conduct running horse racing meetings in Suffolk county, and, all licensees licensed to conduct running horse racing meetings or harness horse racing meetings in Norfolk county, not including running horse or harness horse racing meetings held in connection with a state or county fair, may simulcast live running horse or live harness horse races which are conducted at a host track, only. All licensees licensed to conduct greyhound dog racing meetings, not including greyhound dog racing meetings held in connection with a state or county fair, may simulcast greyhound dog racing with the permission of the state racing commission. With respect to horse racing, the greyhound racing meeting licensee located in Suffolk county may simulcast up to fifty racing cards and up to fifteen special events of national significance as determined by the commission; provided, however, that said fifteen special events shall be in addition to any special events simulcast by said licensee which are shown as part of a live program from a host track, during a racing season only; provided, further, that each of these racing cards or special events shall be subject to application to and approval by the commission. Said greyhound racing meeting licensee located in Suffolk county shall not be permitted to simulcast any thoroughbred or harness horse racing cards from a host track, whether within or without the commonwealth, in any calendar year, during the running horse racing meetings held in Suffolk county. With respect to horse racing, the greyhound racing meeting licensee located in Bristol county may simulcast with the permission of the commission every live running horse racing card of the running horse racing meeting licensee located in Suffolk county. With the permission of the running horse racing meeting licensee located in Suffolk county, and subject to the approval of the commission, the greyhound racing meeting licensee located in Bristol county may simulcast a companion card from a pari-mutuel running horse facility located outside the commonwealth; provided, however, that if the running horse racing meeting licensee located in Suffolk county grants a companion card to the greyhound racing meeting licensee located in Bristol county, the running horse racing meeting licensee in Suffolk county shall grant an identical companion card to the harness horse racing meeting licensee located in Norfolk county. Said greyhound racing meeting licensee located in Bristol county shall be prohibited from simulcasting any running horse race during the dark days and dark season of the running horse racing meeting licensee in Suffolk county; provided, however, that such greyhound racing meeting licensee located in Bristol county may simulcast up to fifteen special events of national significance as determined by the commission; provided, further, that said fifteen special events shall be in addition to any special events simulcast by said licensee which are shown as part of a live program from a host track. Whenever a racing meeting licensee within the commonwealth is conducting a full schedule of live racing performances of horses of either class, any other racing meeting licensee, whether during his racing season or his dark season, shall, if the licensee chooses to simulcast, simulcast the live racing performance from within the commonwealth and shall not simulcast any other race of the same class as the live racing performance until the end of the live racing performances within the commonwealth for that day; provided, however, that the harness horse racing meeting licensee located in Norfolk county may simulcast an entire racing card from a running horse racing meeting located in the state of California during the live racing performance of the running horse racing meeting licensee located in Suffolk county; provided, further, that, with the permission of the running horse racing meeting licensee located in Suffolk county, and subject to the approval of the commission, the harness horse racing meeting licensee located in Norfolk county may simulcast a companion card from a pari-mutuel running horse facility located outside the commonwealth; provided, further, that if the running horse racing meeting licensee located in Suffolk county grants a companion card to the harness horse racing meeting licensee located in Norfolk county, the running horse racing meeting licensee located in Suffolk county shall grant an identical companion card to the greyhound racing meeting licensee located in Bristol county, unless, there is a special event of the same class as the live racing performance, in which case, the special event shall be available to all otherwise eligible racing meeting licensees, including greyhound racing meeting licensees who have successfully made application to the commission to receive said special events, on the same terms, to include economic terms, and conditions that the out-of-state track makes the simulcast available to any other guest track. All racing meeting licensees, whether acting as a host or guest track for simulcasting purposes shall file with the commission, clerk of the senate and clerk of the house of representatives a copy of all contracts, agreements, or conditions pursuant to which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges. No racing meeting licensee, whether acting as a guest track or a host track shall simulcast live races unless said licensee conducts a full schedule of live racing performances during a racing season except that if the commission determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting, and if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until said licensee conducts or resumes a full schedule of live racing performances; provided, further, that no racing meeting licensee shall simulcast live races in the 2000 to 2001, inclusive racing seasons unless each said racing meeting licensee, in each of those racing seasons, is licensed to conduct no fewer than a total of one hundred and fifty racing performances; provided, however, that where two racing meeting licensees in Norfolk county use the same track during the calendar year, each thoroughbred horse racing meeting licensee, in each of those racing seasons, shall be licensed to conduct no fewer than a total of fifty racing performances and each harness horse racing meeting licensee, in each of those racing seasons, shall be licensed to conduct no fewer than a total of one hundred racing performances. All simulcasts shall comply with the provisions of the Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states whose racing associations do not require approval in compliance with the Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided, further, that if said association agrees to approve such simulcast for one racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees. Each racing meeting licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between periods of racing pursuant to an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the commission in accordance with the license fees charged pursuant to the provisions of chapter one hundred and twenty-eight A. No other daily fee shall be assessed. Notwithstanding any general or special law to the contrary, any host track that simulcasts a race to any out-of-state wagering facility that is within one hundred miles of said host track shall pay to the representative breeders association of the same class as is simulcast, a sum equal to one-quarter of one percent of the total amount wagered at the receiving wagering facility.

M.G.L. c. 128C, § 2A Simulcasts of pari-mutuel races in connection with state or county fairs; restrictions

c. 128C, § 2A. Simulcasts of pari-mutuel races in connection with state or county fairs; restrictions [ 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. See, also, 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. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 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.] Section 2A. Notwithstanding section 2, the running horse racing meeting licensee in Plymouth county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of the city or town where the fair is located, and following a demonstration by the licensee of its ability to complete not less than 50 per cent of the live racing performances approved by the commission, simulcast unlimited interstate thoroughbred horse races except for the bridge signal and the intrastate live races of the racing meeting licensees in the commonwealth on (i) each Sunday, Tuesday, Thursday, and Saturday during the live racing performances only, but any simulcast signal commenced during a live racing performance shall be broadcast to the conclusion of the simulcast racing performance or simulcast racing card, and, in addition, on (ii) July 3 and 4 in any calendar year when they fall on a day of the week other than said specified days and a live racing performance is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth; but, if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee in Plymouth county shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; the simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2. Notwithstanding section 2, a running horse racing meeting licensee, excluding the licensees in Plymouth county and Berkshire county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the commission and subject to the approval of the city council and mayor or board of selectmen and town meeting of a city or town where the fair is located, and following a demonstration by said licensee of its ability to complete no less than 50 per cent of the live races performances approved by the commission, simulcast unlimited thoroughbred horse races and the intrastate live races of the racing meeting licensees in the commonwealth on any day if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth except in Berkshire county; but, if the commission determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the commission may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed by the commission for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee shall pay a premium of 3 per cent for the receipt of any simulcasts of thoroughbred horse racing to the running horse racing meeting licensee located in Suffolk county and shall simulcast its live racing performances to the greyhound racing meeting licensee located in Bristol county, the greyhound racing meeting licensee located in Suffolk county, the running horse racing meeting licensee located in Suffolk county, and the harness horse racing meeting licensee located in Norfolk county and receive a fee therefor of 11 per cent; provided, however, that said simulcast shall not be considered a live in-state racing performance for purposes of the sixth paragraph of section 2. The racing meeting licensees conducting running horse racing meetings in connection with a state or county fair and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks into the host track trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing commissioners. The racing commission shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs. 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 breaks and less an amount not to exceed 19 per cent of the total amount so deposited by the patrons wagering on the speed or ability of any 1 running horse, also known as a straight wager, and, each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, less the breaks, and less an amount not to exceed 26 per cent of the total amount so deposited; provided, however, that a sum equal to 0.25 per cent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section 2 of chapter 128; and provided, further, that such expenditures by the division of fairs shall not exceed $50,000 in any fiscal year. The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 3/8 of 1 per cent; a sum equal to 1/8 of 1 per cent to the host Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.5 per cent to the breeders' association of the most recent live racing performance at the host track for the purposes of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for the purses in accordance with the rules and established customs of conducting running horse racing meetings. The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; and 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the host track, for purses, said percentages to be paid from the 19 per cent and 26 per cent withheld 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 within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to 0.5 per cent of the exotic wagering pool into the host 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 breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse, also known as a straight wager, and each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than 1 horse in a 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 26 per cent of the total amounts so deposited. The licensee shall pay to the commission on behalf of the commonwealth the day following each day of simulcasting a sum equal to 3/8 of 1 per cent; a sum equal to 0.25 per cent to the breeders' association of the most recent live performance at the guest track for the purpose of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent 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 57/8 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 7.5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses; said percentages shall be paid from the 19 per cent withheld from the straight wagers 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 3/8 of 1 per cent; a sum equal to 0.5 per cent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.75 per cent to the breeders' association of the most recent live racing performance at the guest track for the purpose of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 6 per cent 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 67/8 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 11 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent 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 26 per cent 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 greyhound race from a host track within the commonwealth 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 breaks, and less an amount not to exceed 19 per cent of the total amount so deposited; provided, however, that a sum equal to 2.5 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.5 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to 4.25 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 9.25 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the dog owners for purses, said percentages shall be paid from the 19 per cent withheld from the straight wagers as provided in this section. The greyhound racing meeting licensees shall retain the total sum of the breaks. The licensees shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 2.5 per cent of the total amount wagered; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 0.25 per cent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 2.5 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to 8.5 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 8.5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the dog owners for purses; said percentages shall be paid from the 26 per cent withheld as provided in this section. All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that if the association agrees to approve such simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.

M.G.L. c. 128C, § 3 Commingling of pari-mutuel pools; rules

c. 128C, § 3. Commingling of pari-mutuel pools; rules [ 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.] Section 3. All wagers on simulcast races accepted by a racing meeting licensee within the commonwealth or by a pari-mutuel licensee in another jurisdiction when such licensee is operating as a guest track shall be included in the pari-mutuel pool of the racing meeting licensee which conducts the live race, unless the commission approves a different procedure. The commission shall promulgate rules as are necessary to facilitate the commingling of pari-mutuel pools, to ensure the proper calculations and distributions of payments and takeouts on such wagers and to regulate the distribution of net proceeds as provided in this chapter.

M.G.L. c. 128C, § 3A Unclaimed simulcast wagers; separate account under commission's control

c. 128C, § 3A. Unclaimed simulcast wagers; separate account under commission's control [ 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. See, also, 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. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 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.] Section 3A. The unclaimed simulcast wagers collected by the running horse racing meeting licensee, the harness horse racing meeting licensee and the greyhound racing meeting licensees shall be deposited in a separate account under the control and supervision of the commission for payment to the purse accounts of the licensees that generated the unclaimed wagers.

M.G.L. c. 128C, § 4 Simulcast wagering at guest track for running horse races from host track; payments to winning patrons, commission, host track and running horse capital improvements trust fund

c. 128C, § 4. Simulcast wagering at guest track for running horse races from host track; payments to winning patrons, commission, host track and running horse capital improvements trust fund [ 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; and 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 4. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks into the trust fund known as the Running 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 running 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, into the trust fund known as the Running 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 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 running 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; provided, however, that a sum equal to one-quarter of one percent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend said funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section two of chapter one hundred and twenty-eight; and provided, further, that such expenditures by the division of fairs shall not exceed fifty thousand dollars in any fiscal year. 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-eighth of one percent to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-half of one percent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth pursuant to law; a sum equal to five percent to be paid from the nineteen percent withheld and a sum of six percent to be paid from the twenty-six percent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the nineteen percent and the twenty-six percent withheld, as provided in this section. The sum of four and one-quarter percent of the straight wagering pool and seven percent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; eight and three-quarters percent of the straight wagering pool and eleven and three-quarters percent of the exotic wagering pool 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 or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the nineteen percent and twenty-six percent withheld as provided in this section. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of the such breaks into the trust fund known as the Running Horse Capital Improvements 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 the 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 1/8 per cent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of 0.5 per cent 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 the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided further, that the running horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at that 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 running horse racing meeting licensee should replace the existing running horse meeting licensee during any point in a calendar year and a new contract is not agreed upon between the new running horse meeting licensee and the horseman's association before the start of the next racing season, then the last signed, executed and completed contract between the previous running 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 as amended by 2015, 10, Sec. 35 effective December 15, 2027 does not take effect. For text effective until December 15, 2027, see above.] Each such licensee shall return to the winning patrons all sums so deposited less the 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-eighth of one percent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent 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 in any year in which a running horse racing meeting of at least 1 day and not more than 50 days is conducted at a track owned by such licensee, such licensee and the appropriate horsemen's association representing the horse owners racing at that meeting shall contract between themselves for not less than 0.5 per cent nor more than 2.5 per cent to be paid to said horse owners as purses.

M.G.L. c. 128C, § 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

c. 128C, § 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 [ 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.

M.G.L. c. 128C, § 5A Limitation on actions to recover winnings

c. 128C, § 5A. Limitation on actions to recover winnings [ 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. See, also, 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. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 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.] Section 5A. No action to recover winnings upon a wager made under this chapter after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made and no winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of the action. Within 90 days of December 31, money held by a licensee for the payment of any such wager for the recovery of which no action has commenced within the time herein limited shall be deposited with the commission. A notice of the limitation prescribed by this section in such form as the commission may prescribe shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.

M.G.L. c. 128C, § 6 Simulcast wagering at guest track for greyhound races from host track; payments to winning patrons, commission and greyhound promotional trust fund

c. 128C, § 6. Simulcast wagering at guest track for greyhound races from host track; payments to winning patrons, commission and greyhound promotional trust fund [ 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 6. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth 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 breaks and less an amount not to exceed nineteen percent of the total amount so deposited; provided, however, that a sum equal to 3/8 of 1 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 3/8 of 1 per cent percent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to four and one-quarter percent shall be paid to the racing meeting licensee at the host track; a sum equal to nine and one-quarter 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 dog owners for purses, said percentages to be paid from the nineteen percent withheld as provided in this section. [ First paragraph as amended by 2016, 133, Sec. 91 effective December 15, 2027 does not take effect. See 2016, 133, Sec. 203. See also 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 greyhound race from a host track within the commonwealth 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 breaks, as defined in section five of chapter one hundred and twenty-eight A, and less an amount not to exceed nineteen percent of the total amount so deposited; provided, however, that a sum equal to 3/8 of 1 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to 3/8 of 1 per cent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to four and one-quarter percent shall be paid to the racing meeting licensee at the host track; a sum equal to nine and one-quarter 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 dog owners for purses, said percentages to be paid from the nineteen percent withheld as provided in this section. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth 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 total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 3/8 of 1 per cent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; 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 dog owners 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. All such contracts shall be subject to the approval of the recognized greyhound owners association of the most recent live racing performance at the guest track. In no case shall a person or association licensed to conduct a dog racing meeting serve as a guest or host track for the purpose of simulcasting a race unless the licensee has received the prior approval of the greyhound owners association at the licensees facility and such approval is on file with the commission.

M.G.L. c. 128C, § 7 Humane disposition of greyhounds

c. 128C, § 7. Humane disposition of greyhounds [ 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. See, also, 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. 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 to 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. For text effective December 15, 2027, see below.] Section 7. No owner, trainer or kennel operator shall cause or permit any racing or retired greyhound to be put to death until reasonable efforts by such owner, trainer, or kennel operator to place such greyhound for adoption with a responsible person or entity have been exhausted. No racing or retired greyhound shall be put to death except in a humane manner. For purposes of this section, the words "in a humane manner'' shall mean by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Medical Association. The commission shall adopt regulations governing the disposition of all racing greyhounds. For the purposes of this section and said regulations, the word "disposition'' shall mean euthanasia, transfer to another jurisdiction, adoption, or donation or sale for medical research or other purpose. The commission shall maintain accurate records and statistics regarding the disposition of all greyhounds that have participated in dog racing, including schooling races, in the commonwealth. Such records shall include the following information:-- (1) the greyhound's registered name and left and right ear tattoos, the name and address of the greyhound's owner, trainer, and kennel operator at the time of disposition, and the name and address of the race track where the greyhound last raced prior to disposition; (2) if the greyhound has been transferred to another race track, the name and address of the race track that received the greyhound and the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the receiving race track; (3) if the greyhound has been retired for breeding, the name and address of the facility that received the greyhound and the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the receiving facility; (4) if the greyhound has been adopted or placed for adoption, the name, address and telephone number of the person or entity that received the greyhound and, if applicable, the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the adoption facility; (5) if the greyhound has been euthanized, the name, address, professional title and professional affiliation of the person performing the euthanasia, the manner of euthanasia, and a detailed statement of reasons why the greyhound was euthanized rather than adopted or placed for adoption; (6) if the greyhound has been sold or donated to an individual, corporation or entity, the name and address of the individual, corporation or entity purchasing or receiving the greyhound, the purpose for which the greyhound is being purchased or received, and the name, business address, telephone number and driver's license number and state of the person who received the greyhound on behalf of the receiving individual, corporation or entity; (7) if the greyhound's disposition does not fit into any of the above categories, the owner, trainer or kennel operator must state, in detail, the greyhound's destination, the name, business address, telephone number and driver's license number and state of the person who received the greyhound, and the specific purpose for which the greyhound has been received, sold, transferred or donated. All disposition forms shall be completed and signed under the pains and penalties of perjury by the greyhound's owner, trainer or kennel operator, whose signature shall be witnessed by a designated representative of the state racing commission. Whoever knowingly makes a false written statement on a disposition form shall be punished by imprisonment for up to 2 years and a fine of up to $2,500, or both such fine and imprisonment. A person found guilty of knowingly violating this section for a second or subsequent offense shall be punished by imprisonment for not less than 1, nor more than 5 years, or a fine of not less than $5,000, or both such fine and imprisonment. Chapter 128C: Section 7. Thoroughbred and standardbred horse and greyhound dog racing sweepstakes lottery game; development and implementation; regulations for disposition of greyhounds [ Text of section 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.] Section 7. No person licensed by the state racing commission shall put to death, within the commonwealth, a racing greyhound, except in a humane manner. For purposes of this section, the words "in a humane manner'' shall mean by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Association. The racing commission shall adopt regulations that kennels and other appropriate licensees provide the racing commission with information and other data regarding the dispositions of racing and retired greyhounds. For purposes of this section and such regulations, the word "disposition'', shall mean, euthanasia, transfer to another jurisdiction, or donation for adoption or medical or research purposes. The racing commission shall maintain accurate records and statistics regarding the disposition of all greyhounds who have participated in dog racing, including schooling races, in the commonwealth. No greyhound licensed by the department of food and agriculture as a Massachusetts-bred greyhound shall be put to death, within the commonwealth, except in a humane manner. For purposes of this paragraph, the words "humane manner'', shall mean, by means of euthanasia by lethal injection or by such other standard of humane killing as may be established by the American Veterinary Medicine Association. The department of food and agriculture shall adopt regulations requiring owners of Massachusetts-bred greyhounds, or their agents, to provide them with information and other data regarding the disposition of such greyhounds within the commonwealth. For purposes of such regulations, the word "disposition'', shall mean, euthanasia, transfer to another jurisdiction, or donation for adoption or medical research purposes. The department of food and agriculture shall maintain accurate records and statistics regarding the disposition of all Massachusetts-bred greyhounds. The department of food and agriculture is authorized to certify entities of any kind which provide humane disposition and cremation, or adoption services, including proper implementation of neutering and spaying of all greyhounds prior to adoption, for greyhounds bred for racing who never qualify for pari-mutuel races or for racing greyhounds who have reached the end of their racing career.

M.G.L. c. 128C, § 7A Records regarding injuries incurred by racing greyhounds; penalties

c. 128C, § 7A. Records regarding injuries incurred by racing greyhounds; penalties [ 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. See, also, 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, c. 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; 2025, 73, Sec. 69. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 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.] Section 7A. The racing commission shall adopt regulations governing injuries incurred by racing greyhounds while they are racing in the commonwealth, including schooling races. The commission shall maintain accurate records and statistics regarding the injuries. The records shall include the following:-- (1) the greyhound's registered name and right and left ear tattoo numbers; (2) the owner, trainer and kennel operator's name, business address and telephone number; (3) the color, weight, and sex of the greyhound; (4) where the injury took place on a race track or other area; (5) if the injury occurred while the greyhound was racing, the race track where the injury occurred, along with the distance, grade, race and post position when the injury occurred; the weather conditions, time, temperature, and track condition when the injury occurred; the specific type of injury, the cause of the injury, the estimated recovery time, and the location of injury on the greyhound. All injury forms shall be completed and signed under the pains and penalties of perjury by the race track veterinarian, whose signature shall be witnessed by a designated representative of the state racing commission. Whoever knowingly makes a false written statement on an injury form shall be punished by imprisonment for up to 2 years and by a fine of up to $2,500, or both. A person found guilty of knowingly violating this section for a second or subsequent offense shall be punished by imprisonment for not less than 1, nor more than 5 years, or a fine of not less than $5,000, or both such fine and imprisonment. Disposition and injury records created and maintained under this section shall be maintained by the state racing commission for a period of 7 years and shall be made readily available to the public upon oral or written request. The department of food and agriculture may certify entities of any kind which provide humane disposition and cremation, or adoption services, including proper implementation of neutering and spaying of all greyhounds prior to adoption, for greyhounds bred for racing who never qualify for pari-mutuel races or for racing greyhounds who have reached the end of their racing career.

M.G.L. c. 128C, § 7B Regulations governing humane care, treatment and transportation of racing greyhounds; license suspension or revocation

c. 128C, § 7B. Regulations governing humane care, treatment and transportation of racing greyhounds; license suspension or revocation [ 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. See, also, 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. Expiration of section does not take effect. See 1992, 101, Sec. 13 as amended by 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.] Section 7B. The commission shall adopt regulations governing the humane handling, care, treatment, and transportation of racing greyhounds. The regulations shall include minimum requirements for the handling, housing, feeding, watering, sanitation, ventilation, adequate veterinary care, exercise, and shelter of racing greyhounds, and safety of track surface and banking to prevent injury. If the commission has reason to believe that any person who is licensed by the commission or who is affiliated with any person, corporation, partnership, trust or any combination of the same or other entity which owns, operates, holds any interest in any race track or other facility which operates pari-mutuel racing of greyhounds, or is licensed to operate such a facility pursuant to section 3 of chapter 128A, violates any provision of this section, or any of the rules or regulations promulgated by the racing commission under this section, the commission may suspend such person's license, and, after notice and opportunity for a hearing, may revoke such license if such violation is determined to have occurred.

M.G.L. c. 128C, § 8 Rules and regulations

c. 128C, § 8. Rules and regulations [ 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; 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.] Section 8. The commission shall have full power to promulgate rules, regulations, and conditions under which all running horse, harness horse, or greyhound racing simulcasts and simulcast wagers shall be conducted in the commonwealth. Notwithstanding the provisions of this section, the commission may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals, or to insure the integrity of racing and pari-mutuel wagering; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of running horse, harness horse, and greyhound racing within the commonwealth; provided, further, that such emergency rules and regulations shall expire within ninety days of their promulgation.

M.G.L. c. 128C, § 9 Simulcast or acceptance of wager on greyhound dog racing by racing meeting licensee prohibited; running horse racing meeting licensee to conduct not less than 20 live racing days at thoroughbred horse racing track

c. 128C, § 9. Simulcast or acceptance of wager on greyhound dog racing by racing meeting licensee prohibited; running horse racing meeting licensee to conduct not less than 20 live racing days at thoroughbred horse racing track Section 9. Notwithstanding sections 1 to 8, inclusive, or any other general or special law to the contrary, no racing meeting licensee, including licensees holding racing meetings in connection with a state or county fair as defined in section 1 of chapter 128A, shall simulcast or accept a wager on greyhound dog racing, and a running horse racing meeting licensee shall conduct not less than 20 live racing days at a thoroughbred horse racing track, provided, the commission may waive this requirement as necessary and appropriate to ensure the financial ability of the licensee to develop and operate a race track.

M.G.L. c. 128C, § 10 Racing meeting licensees; fees

c. 128C, § 10. Racing meeting licensees; fees [ Text of section added by 2024, 238, Sec. 233 effective November 20, 2024 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; 2020, 106, Sec. 14; 2021, 27, Sec. 14; 2022, 128, Sec. 14; 2023, 26, Sec. 20; and 2025, 73, Sec. 73.] Section 10. (a) Notwithstanding sections 1 to 8, inclusive, or any other general or special law to the contrary, no racing meeting licensee, including licensees holding racing meetings in connection with a state or county fair as defined in section 1 of chapter 128A, shall be required to pay any fees or other money into the greyhound capital improvements trust fund or the greyhound promotional trust fund. (b) All amounts in the greyhound capital improvements trust fund and the greyhound promotional trust fund attributable to any greyhound dog racing meeting licensees shall be returned by the Massachusetts Gaming Commission to the licensees without further condition.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter128CFetched: 10/20/2026

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