AGO 97001.

CourtNebraska
Nebraska Attorney General Opinions 1997. AGO 97001. DATE: January 6, 1997SUBJECT: Qualification of Horsemen's Benevolent and Protective Association to Conduct Licensed Horseracing in Nebraska.REQUESTED BY: Senator Stan Schellpeper Nebraska State LegislatureWRITTEN BY: Don Stenberg, Attorney General L. Jay Bartel, Assistant Attorney General You have requested our opinion on several questions concerning the qualification of the Horsemen's Benevolent and Protective Association ["HBPA"] to conduct licensed horseracing in Nebraska. You state that the Nebraska State Racing Commission ["Commission"] is to consider an application by the HBPA for a license to conduct a live thoroughbred horse race meeting at Fonner Park in 1997. Your questions concern whether the granting of such a license to the HPBA is consistent with various existing statutes governing the conduct of race meetings. If we conclude that it is not, you indicate that you may consider amendatory legislation to address the questions presented. Initially, you direct our attention to Neb. Rev. Stat. § 2- 1204 (1991), which sets forth the requirements for applicants seeking a license to conduct horseracing in Nebraska. Section 2- 1204 provides, in part: The State Board of Agriculture, or any county society for the improvement of agriculture organized under section 2- 201 or 2-221, or any corporation or association of persons organized and carried on for civic purposes, or which conducts a livestock exposition for the promotion of the livestock or horse-breeding industries of the state, and which does not permit its members to derive personal profit from its activities by way of dividends or otherwise, may apply to the State Racing Commission for a license to conduct horseracing at a designated place within the state. (emphasis added). Your question is, assuming the HBPA is organized as a nonprofit entity, "does the fact that its members win purses which are generated through its activities violate the provision of this statute which forbids permitting the members of the organization from deriving personal profit from its activities?" A fundamental principle of statutory construction is to attempt to ascertain legislative intent and to give effect to that intent. County of Lancaster v. Maser, 224 Neb. 566, 400 N.W.2d 238 (1987). A statute should be interpreted in such a manner as to give effect to the purpose and intent of the legislature as ascertained from the entire language of the statute in its plain and ordinary sense. NC+ Hybrids v. Growers Seed Ass'n, 219 Neb. 296, 363 N.W.2d 362 (1985). An examination of the language of § 2-1204 reveals that the Legislature intended to limit the type of entities which could obtain licenses to conduct...

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