Wonderland Greyhound Park, Inc. v. State Racing Commission

45 Mass. App. Ct. 226
CourtMassachusetts Appeals Court
DecidedJuly 23, 1998
DocketNo. 97-P-134
StatusPublished
Cited by1 cases

This text of 45 Mass. App. Ct. 226 (Wonderland Greyhound Park, Inc. v. State Racing Commission) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wonderland Greyhound Park, Inc. v. State Racing Commission, 45 Mass. App. Ct. 226 (Mass. Ct. App. 1998).

Opinion

Lenk, J.

This controversy began on December 29, 1994, when the State Racing Commission (commission) notified Wonderland Greyhound Park, Inc., Foxboro Harness, Inc., and Foxboro Thoroughbred, Inc. (racetracks), that, pursuant to a written opinion of the Attorney General, distribution, and payment of unredeemed winnings from money wagers placed on simulcast races are to be handled in accordance with G. L. c. 128A, § 5A, [227]*227i.e., in essence, the money is to go into the State’s coffers, and not remain in those of the racetracks. In response to this notice, the racetracks filed a complaint for declaratory judgment, seeking a declaration as to the meaning of G. L. c. 128C, which, they claim, exclusively governs all aspects of simulcast racing. The commission answered and filed counterclaims seeking payment of all unredeemed winning tickets for calendar years 1992, 1993, and 1994.2 The parties filed cross motions for summary judgment. The judge denied the racetracks’ motion and allowed the commission’s motion for partial summary judgment, declaring that G. L. c. 128A, § 5A, governs the disposition of unclaimed winnings from simulcast races. After the parties stipulated that the ruling entitled the commission to $586,858 in unclaimed winnings, final judgment entered thereafter against the racetracks. On appeal, the racetracks claim that G. L. c. 128A, § 5A, does not apply to unredeemed tickets on simulcast wagers made under G. L. c. 128C, and, consequently, the commission is not entitled to the unclaimed winnings from these races. We affirm.

Background. In 1946, a time well before simulcasting came into existence,3 G. L. c. 128A, § 5A, was enacted to govern the recovery of unclaimed winnings at racetracks. St. 1946, c. 445, § l.4 Pursuant to this section, an action to recover winnings upon a wager made under c. 128A must be brought by the end of the calendar year following the year in which the wager was placed. If no action is commenced by that date, the racetrack operator must pay the unclaimed winnings over to the commission for deposit into the State treasury.

In 1983, the Legislature amended G. L. c. 128A, § 5, to allow Massachusetts racetracks for the first time to televise and [228]*228accept wagers on live races occurring at racetracks in other States. St. 1983, c. 105, § l.5 The 1983 statute limited wagering on televised races, however, to twenty pari-mutuel6 races each calendar year. In 1985, the Legislature again amended G. L. c. 128A, § 5, to remove the annual restrictions on the number of televised races and to insert a requirement that racetracks broadcast no more than one televised event at any one time. St. 1985, c. 580, § 9. In 1991, however, the provisions of c. 128A, § 5, permitting wagering on live televised races were revoked as of January 1, 1992. St. 1991, c. 114, § 6. See note 11, infra.

Finally, new legislation (St. 1992, c. 101) was passed to allow racetracks to expand more generally wagering on televised racing. This 1992 amendment to G. L. c. 128A, § 5, removed the earlier restrictions on wagering on televised races. As amended, c. 128A, § 5, authorizes “simulcast” wagering, requiring only that wagers be placed in person, in cash, and within thirty-six hours before the racing event.7 This 1992 legislation also added c. 128C, which regulates how simulcast races may be broadcast, how payments to winners should be calculated, and how the withheld portion of a winning ticket should be distributed among various parties, including the racetrack and the commission. Chapter 128C, however, is silent on the subject of the disposition of unredeemed winnings from simulcast wagers; and § 5A of c. 128A, governing the disposition of unredeemed winnings, remains in effect as originally enacted in 1946.

Discussion. The racetracks contend that simulcast wagers are not “made under” c. 128A and, therefore, are not subject to the [229]*229provisions of c. 128A, § 5A, which regulates the distribution of unclaimed winnings. To support this contention, the racetracks claim that (1) the betting on televised races authorized in c. 128A, § 5, by the 1983 and 1985 amendments did not constitute “simulcasting,” and, even if it did, this authorization was repealed in 1991; (2) the absence of provisions regarding unclaimed winnings in c. 128C exempts simulcasting from § 5A of c. 128A; (3) the court cannot legislate by inserting language into a statute; and (4) the legislative history of c. 128C does not support a conclusion that c. 128A, § 5A, applies to wagers made under c. 128C and may only be considered by the court where the statutory language is unclear. We see no merit in these arguments.

1. As an initial matter, the racetracks contend that the motion judge erroneously construed c. 128A as having authorized the same simulcast wagering activities as were authorized after the enactment of c. 128C in 1992. The racetracks argue that the televised wagering initially authorized under c. 128A was not “simulcasting” because the term “simulcasting” was not used and the nature of the wagering activity differed dramatically from the wagering activity authorized in 1992.

Prior to 1992, patrons were permitted to place wagers on a televised race conducted live at another track (the host track), but these wagers were not placed into the same pool as other wagers placed on this particular live race. After 1992, however, c. 128C, § 3, altered this rule so that all wagers on simulcast races, whether made at the host track or at a guest track, are placed into the same pari-mutuel pool. See G. L. c. 128C, § 3.8 Thus, under the new simulcasting statute, simulcast wagers are to be placed in commingled pari-mutuel pools.9

Nonetheless, contrary to the racetracks’ assertion, the makeup of the pari-mutuel pool is not relevant to the question of whether an activity can be classified as simulcasting. The definition of simulcasting has nothing to do with the structure of the pari[230]*230mutuel pool. Simulcasting is defined by the manner in which the live race is transmitted,10 not by the manner in which the betting pool is created. Thus, from the definition of “simulcast” in c. 128C, § 1, it is apparent that the televising of live races authorized in c. 128A, § 5, does constitute “simulcasting” and, consequently, is subject to the provisions of c. 128A, § 5A. “Where the language of a statute is plain, the courts enforce the statute according to its wording.” Weitzel v. Travelers Ins. Cos., 417 Mass. 149, 153 (1994).

The racetracks also contend, however, that even if the wagering on televised races authorized in 1983 under c. 128A, § 5, was simulcasting, the authority to conduct such wagering was expressly revoked in 1991, and, therefore, the motion judge’s ruling that simulcast wagers were “made under” c. 128A, § 5, was erroneous. See St. 1991, c. 114, § 6.11 The flaw in this argument is that St. 1992, c. 101, restored the portion of c. 128A, § 5, that the 1991 legislation had repealed and replaced the references to televised races in c. 128A, § 5, with the term “simulcasting.” Thus, in its amended form, c. 128A, § 5, explicitly includes simulcasting in the authorization of wagering set forth in c. 128Á.12 The motion judge did not err in ruling that simulcast wagers are “made under” c. 128A.

2.

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Related

Hotchkiss v. State Racing Commission
701 N.E.2d 642 (Massachusetts Appeals Court, 1998)

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Bluebook (online)
45 Mass. App. Ct. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wonderland-greyhound-park-inc-v-state-racing-commission-massappct-1998.