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366 sections in this chapter.
Neb. Rev. Stat. § 9-1,101 Department of Revenue; Charitable Gaming Division; created; duties; Charitable Gaming Operations Fund; created; use; investment; investigators; powers; fees authorized.
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(1) The Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, and section 9-701 shall be administered and enforced by the Charitable Gaming Division of th…
Neb. Rev. Stat. § 9-1,103 Invalidity of acts; effect.
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If any provision of the Nebraska Bingo Act, the Nebraska Pickle Card Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Small Lottery and Raffle Act, or the Nebraska County and City Lottery Act or the application of such acts to any person or circumstance is held inva…
Neb. Rev. Stat. § 9-1,104 Contract or license applicant or holder; fingerprinting; criminal history record information check; personal history report; background investigation; facilities inspection; required; when; payment of costs; refusal to comply; effect.
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(1) Any person applying for or holding a contract or license (a) as a distributor, gaming manager, or manufacturer pursuant to the Nebraska Bingo Act, (b) as a distributor, manufacturer, pickle card operator, or sales agent pursuant to the Nebraska Pickle Card Lottery Act, (c) as…
Neb. Rev. Stat. § 9-1,105 Charitable Gaming Investigation Petty Cash Fund; authorized; use; records; investment.
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(1) The Tax Commissioner may apply to the Director of Administrative Services and the Auditor of Public Accounts to establish and maintain a Charitable Gaming Investigation Petty Cash Fund. The funds used to initiate and maintain the Charitable Gaming Investigation Petty Cash Fun…
Neb. Rev. Stat. § 9-1,106 Tribal-state compact governing gaming; Governor; powers.
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(1) Upon request of an Indian tribe having jurisdiction over Indian lands in Nebraska, the Governor or his or her designated representative or representatives shall, pursuant to 25 U.S.C. 2710 of the federal Indian Gaming Regulatory Act, negotiate with such Indian tribe in good f…
Neb. Rev. Stat. § 9-1001 Funding for assistance to problem gamblers; legislative findings and intent.
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The Legislature finds that the main sources of funding for assistance to problem gamblers are the Charitable Gaming Operations Fund as provided in section 9-1,101, annual gaming tax proceeds as provided in section 9-1204, and the State Lottery Operation Trust Fund as provided in …
Neb. Rev. Stat. § 9-1002 Terms, defined.
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For purposes of sections 9-1001 to 9-1006: (1) Commission means the Nebraska Commission on Problem Gambling; (2) Problem gambling means maladaptive gambling behavior that disrupts personal, family, or vocational pursuits; and (3) Program means the Gamblers Assistance Program.
Neb. Rev. Stat. § 9-1003 Nebraska Commission on Problem Gambling; created; members; terms; vacancies; meetings.
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(1) The Nebraska Commission on Problem Gambling is created. For administrative purposes only, the Nebraska Commission on Problem Gambling shall be within the State Racing and Gaming Commission. The Nebraska Commission on Problem Gambling shall have nine members appointed by the G…
Neb. Rev. Stat. § 9-1004 Commission; officers; expenses; duties; director; duties; rules and regulations; report.
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(1) The commission shall appoint one of its members as chairperson and such other officers as it deems appropriate. Members shall be reimbursed for expenses in carrying out their duties as members of the commission as provided in sections 81-1174 to 81-1177. (2) The commission sh…
Neb. Rev. Stat. § 9-1005 Gamblers Assistance Program; created; duties.
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The Gamblers Assistance Program is created. The program shall: (1) Contract with providers of problem gambling treatment services to Nebraska consumers; (2) Promote public awareness of the existence of problem gambling and the availability of treatment services; (3) Evaluate the …
Neb. Rev. Stat. § 9-1006 Compulsive Gamblers Assistance Fund; created; use; investment.
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The Compulsive Gamblers Assistance Fund is created. The fund shall include revenue transferred from the State Lottery Operation Trust Fund under section 9-812 and the Charitable Gaming Operations Fund under section 9-1,101 and any other revenue received by the commission for cred…
Neb. Rev. Stat. § 9-1101 Act, how cited.
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Sections 9-1101 to 9-1118 and 9-1201 to 9-1209 shall be known and may be cited as the Nebraska Racetrack Gaming Act.
Neb. Rev. Stat. § 9-1102 Games of chance; permitted; restrictions.
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Notwithstanding any other provision of law, and to the full extent permitted by the Constitution of Nebraska, including amendments to the Constitution of Nebraska adopted contemporaneously with the enactment of the Nebraska Racetrack Gaming Act, the operation of games of chance i…
Neb. Rev. Stat. § 9-1103 Terms, defined.
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For purposes of the Nebraska Racetrack Gaming Act: (1) Authorized gaming operator means a person or entity licensed pursuant to the act to operate games of chance within a licensed racetrack enclosure; (2) Authorized gaming operator license means a license to operate games of cha…
Neb. Rev. Stat. § 9-1104 Authorized gaming operator; license; authorized activities; condition of licensure; limitation on participation; deduction for debt or state liability; procedure.
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(1) The operation of games of chance at a licensed racetrack enclosure may be conducted by an authorized gaming operator who holds an authorized gaming operator license. (2) No more than one authorized gaming operator license shall be granted for each licensed racetrack enclosure…
Neb. Rev. Stat. § 9-1105 Commission; administer act.
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For purposes of providing the necessary licensing and regulation of the operation of games of chance by authorized gaming operators within licensed racetrack enclosures pursuant to the Nebraska Racetrack Gaming Act, the commission shall administer the Nebraska Racetrack Gaming Ac…
Neb. Rev. Stat. § 9-1106 Commission; powers and duties.
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The commission shall: (1) License and regulate authorized gaming operators for the operation of all games of chance authorized pursuant to the Nebraska Racetrack Gaming Act, including adopting, promulgating, and enforcing rules and regulations governing such authorized gaming ope…
Neb. Rev. Stat. § 9-1107 Racetrack Gaming Fund; created; use; investment.
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The Racetrack Gaming Fund is created. The fund shall consist of all license, application, and other fees collected under the Nebraska Racetrack Gaming Act and all license fees and gross tax receipts collected by the commission under sections 2-1203, 2-1203.01, and 2-1208 relating…
Neb. Rev. Stat. § 9-1108 Gaming operator license; applicant; fingerprinting and criminal history record information check; costs.
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Any person applying for a gaming operator license pursuant to the Nebraska Racetrack Gaming Act shall be subject to fingerprinting and a check of such person's criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol.…
Neb. Rev. Stat. § 9-1109 Credit cards; prohibited; applicant or authorized gaming operator; requirements.
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Credit cards shall not be accepted by any authorized gaming operator for payment for any wager or to purchase coins, tokens, or other forms of credit to be wagered on any game of chance. An account for the purpose of participating in a game of chance under the Nebraska Racetrack …
Neb. Rev. Stat. § 9-1110 Sports wagering.
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(1) The commission may permit an authorized gaming operator to conduct sports wagering. Any sports wager shall be placed in person or at a wagering kiosk in the designated sports wagering area at the licensed racetrack enclosure. A parimutuel wager in accordance with sections 2-1…
Neb. Rev. Stat. § 9-1111 Game of chance; cheating; gaming device; manipulation; penalties.
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(1) Any person who knowingly cheats at any game of chance is guilty of a Class I misdemeanor. (2) Any person who manipulates, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose of the component, including…
Neb. Rev. Stat. § 9-1112 Participation in unlawful manner; violations; penalties.
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(1) Any person who, in playing any game of chance designed to be played with or to receive or to be operated by tokens approved by the commission or by lawful currency of the United States, knowingly uses tokens other than those approved by the commission, uses currency that is n…
Neb. Rev. Stat. § 9-1113 Gaming device; acts prohibited; penalties.
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(1) A person who manufactures, sells, or distributes a device that is intended by such person to be used to violate any provision of the Nebraska Racetrack Gaming Act is guilty of a Class I misdemeanor. (2) A person who marks, alters, or otherwise modifies any gaming device in a …
Neb. Rev. Stat. § 9-1114 Making false or misleading statement or entry or failure to maintain or make an entry; penalty.
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A person who, in an application, book, or record required to be maintained or in a report required to be submitted by the Nebraska Racetrack Gaming Act or a rule or regulation adopted and promulgated by the commission, knowingly makes a statement or entry that is false or mislead…
Neb. Rev. Stat. § 9-1115 Participation prohibited; violations; penalties; applicability of section.
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(1) A person who knowingly permits an individual whom the person knows is younger than twenty-one years of age to participate in a game of chance is guilty of a Class I misdemeanor. (2) A person who participates in a game of chance when such person is younger than twenty-one year…
Neb. Rev. Stat. § 9-1116 Violations; general penalty provisions.
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A person who willfully violates, attempts to violate, or conspires to violate any of the provisions of the Nebraska Racetrack Gaming Act for which no other penalty is provided is guilty of a Class I misdemeanor.
Neb. Rev. Stat. § 9-1117 Authorized gaming operator; license; application; contents.
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(1) Any applicant for an authorized gaming operator license shall include in the application to the commission the following: (a) A market assessment that includes the feasibility and sustainability of the proposed licensed racetrack enclosure for operating games of chance in suc…
Neb. Rev. Stat. § 9-1118 List of self-excluded persons.
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(1) The commission shall establish a list of persons self-excluded from licensed racetrack enclosures in Nebraska. A person may request such person's name to be placed on the list of self-excluded persons by filing an application with the commission, on forms prescribed by the co…
Neb. Rev. Stat. § 9-1201 Annual gaming tax.
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To the full extent permitted by the Constitution of Nebraska, including amendments to the Constitution of Nebraska adopted contemporaneously with the enactment of sections 9-1201 to 9-1208, an annual gaming tax is hereby imposed on the operation of all games of chance by authoriz…
Neb. Rev. Stat. § 9-1203 Tax; amount; collection.
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An annual gaming tax is imposed on gross gaming revenue generated by authorized gaming operators within licensed racetrack enclosures from the operation of all games of chance equal to twenty percent of such gross gaming revenue. The commission shall collect the tax and shall acc…
Neb. Rev. Stat. § 9-1204 Tax; proceeds; distribution.
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Of the tax imposed by section 9-1203, seventy-five percent shall be remitted to the State Treasurer for credit as follows: Two and one-half percent to the Compulsive Gamblers Assistance Fund, two and one-half percent to the General Fund, and seventy percent to the Property Tax Cr…
Neb. Rev. Stat. § 9-1205 Tax; report.
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Every authorized gaming operator subject to taxation as set forth in section 9-1203 shall pay such tax by the fifteenth of each month to the commission and make report thereof to the commission under such rules and regulations as may be prescribed by the commission.
Neb. Rev. Stat. § 9-1206 Tax; delinquent; penalty; interest.
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If the tax provided for in section 9-1203 is not paid within such time as provided in section 9-1205 or as may be prescribed for payment thereof by rules and regulations prescribed by the commission, the same shall become delinquent and a penalty of ten percent shall be added the…
Neb. Rev. Stat. § 9-1207 Reports; violations; penalty.
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Any authorized gaming operator that willfully fails, neglects, or refuses to make any report required by section 9-1205, or by rules and regulations adopted and promulgated under such section, or that knowingly makes any false statement in any such report, is guilty of a Class IV…
Neb. Rev. Stat. § 9-1208 Severability.
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If any section or provision of the Nebraska Racetrack Gaming Act is determined by a court of competent jurisdiction to be unconstitutional or otherwise void or invalid for any reason, such determination shall not affect the validity of the Nebraska Racetrack Gaming Act as a whole…
Neb. Rev. Stat. § 9-1209 Failure to pay tax or fee; lien; procedures; priority; extension; termination; release or subordination.
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(1) If any person liable to pay any tax or fee under the Nebraska Racetrack Gaming Act neglects or refuses to pay such tax or fee after demand, the amount of such tax or fee, including any interest, penalty, and additions to such tax, and such additional costs that may accrue, sh…
Neb. Rev. Stat. § 9-1301 Act, how cited.
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Sections 9-1301 to 9-1313 shall be known and may be cited as the Gambling Winnings Setoff for Outstanding Debt Act.
Neb. Rev. Stat. § 9-1302 Act; purposes.
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The purposes of the Gambling Winnings Setoff for Outstanding Debt Act are to: (1) Establish and maintain a procedure to set off against an obligor's casino winnings, parimutuel winnings, sports wagering winnings, or cash device winnings any debt (a) that is assigned to the Depart…
Neb. Rev. Stat. § 9-1303 Terms, defined.
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For purposes of the Gambling Winnings Setoff for Outstanding Debt Act, unless the context otherwise requires: (1) Applicable winnings means any casino winnings, parimutuel winnings, sports wagering winnings, or cash device winnings; (2) Cash device winnings means any cash prize w…
Neb. Rev. Stat. § 9-1304 Collection system; development; submission of debt or outstanding state liability; setoff; authorized.
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(1)(a) The Department of Revenue, in consultation with the Department of Health and Human Services, the Department of Motor Vehicles, and the Department of Labor, shall develop and implement a secure, electronic collection system to carry out the purposes of the Gambling Winnings…
Neb. Rev. Stat. § 9-1305 Operator; collection system; check required; violations; penalty.
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(1) Beginning on the applicable implementation date designated by the Tax Commissioner pursuant to subsection (1) or (2) of section 9-1312, prior to making a winnings payment, an operator shall check the collection system to determine if there is a debt or an outstanding state li…
Neb. Rev. Stat. § 9-1306 Operator; deduction from winnings payment; remittance; requirements.
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(1) Beginning on the applicable implementation date designated by the Tax Commissioner pursuant to subsection (1) or (2) of section 9-1312, prior to making a winnings payment and after the operator has checked the collection system as provided in section 9-1305, the operator shal…
Neb. Rev. Stat. § 9-1307 Notice of claim to winnings payment; contents.
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(1) Within twenty days after a remittance pursuant to section 9-1306 due to an outstanding state liability, the Department of Revenue shall notify the obligor of the remittance. The notice shall state (a) the basis for the claim to the outstanding state liability by the Departmen…
Neb. Rev. Stat. § 9-1308 Contested claims; procedure.
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(1)(a) A written request by an obligor pursuant to subsection (1) of section 9-1307 shall be effective upon mailing the request, postage prepaid and properly addressed, to the applicable department to which the outstanding state liability is owed. (b) Any appeal or action taken a…
Neb. Rev. Stat. § 9-1309 Collection system; additional remedy.
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The collection remedy authorized by the Gambling Winnings Setoff for Outstanding Debt Act is in addition to and not in substitution for any other remedy available by law.
Neb. Rev. Stat. § 9-1310 Operator; immunity from liability; when.
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An operator, acting in good faith, shall not be liable to any person for actions taken pursuant to the Gambling Winnings Setoff for Outstanding Debt Act. Neither the State Racing and Gaming Commission nor the Department of Revenue shall initiate any administrative action or impos…
Neb. Rev. Stat. § 9-1311 Prohibited acts; penalty.
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Any person who knowingly or intentionally attempts to avoid the application of a setoff under the Gambling Winnings Setoff for Outstanding Debt Act by passing any applicable winnings to another person to present for a cash payout or by providing fraudulent identification during a…
Neb. Rev. Stat. § 9-1312 Collection system; implementation date.
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(1) The Tax Commissioner shall designate an implementation date for the required use by operators of the collection system developed pursuant to section 9-1304 prior to making a winnings payment for casino winnings, parimutuel winnings, or sports wagering winnings, which date sha…
Neb. Rev. Stat. § 9-1313 Rules and regulations.
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The Department of Health and Human Services, the Department of Labor, the Department of Revenue, and the State Racing and Gaming Commission may adopt and promulgate rules and regulations to carry out the Gambling Winnings Setoff for Outstanding Debt Act.