Section 5A: Recovery of winnings upon wagers; actions; unclaimed winnings
[ Text of section effective until December 15, 2025. Repealed by 2011, 194, Sec. 39. 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; and 2023, 26, Sec. 20. 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 and 2023, 26, Sec. 17. For text effective December 15, 2025, see below.]
Section 5A. No action to recover winnings upon a wager made under this chapter or chapter 128C after November 15, 2001 shall be commenced after December 31 of the year following the year in which the wager was made, and no such winnings shall be paid by a licensee except pursuant to a judgment in an action so commenced or in settlement of an action. Within 90 days of said 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 allowed in this section shall be deposited with the commission.
Monies from all unclaimed live wagers made pursuant to this chapter shall be deposited with the commission. Subject to the rules and regulations established by the commission, the commission shall deposit the unclaimed live wagers into the purse accounts of the racing meeting licensees that generated those unclaimed live wagers.
Chapter 128A: Section 5A. Recovery of winnings upon wagers; actions; unclaimed winnings; disposition; notice of limitation
[ Text of section effective December 15, 2025 does not take effect. See 2011, 194, Secs. 39 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; and 2023, 26, Sec. 20. For text effective until December 15, 2025 see above.]
Section 5A. No action to recover winnings upon a wager made under this chapter after the effective date of this section shall be commenced after December thirty-first of the year following the year in which such wager was made, and no such winnings shall be paid by a licensee after said date except pursuant to a judgment in an action so commenced or in settlement of such action. Within ninety days after said December thirty-first, money held by a licensee for the payment of any such wager for the recovery of which no action has been commenced within the time herein limited shall be paid over to and become a part of the receipts of the commission, and shall thereafter be paid into the state treasury. Any such money for the recovery of which an action has been duly commenced shall be so paid to the commission within ninety days after December thirty-first of the year in which such action shall have terminated adversely to the plaintiff therein. A notice of the limitation prescribed by this section, in such form as the commission shall prescribe, shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.