AGO 97001.
Court | Nebraska |
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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