Chapter 9 — BINGO AND OTHER GAMBLING
556 sections in this chapter.
Neb. Rev. Stat. § 9-652 Violations; penalties; enforcement; venue.
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(1) Except when another penalty is specifically provided, any person or licensee, or employee or agent thereof, who knowingly or intentionally violates any provision of the Nebraska County and City Lottery Act, or who causes, aids, abets, or conspires with another to cause any pe…
Neb. Rev. Stat. § 9-653 Reports and records; disclosure; limitations; violation; penalty.
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(1) Except in accordance with a proper judicial order or as otherwise provided by this section or other law, it shall be a Class I misdemeanor for the Tax Commissioner or any employee or agent of the Tax Commissioner to make known, in any manner whatsoever, the contents of any re…
Neb. Rev. Stat. § 9-701 Conduct of gift enterprises; conditions; prohibited acts; violation; penalties; venue; enforcement.
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(1) For purposes of this section: (a) Financial institution means a bank, savings bank, building and loan association, savings and loan association, or credit union, whether chartered by the United States, the Department of Banking and Finance, or a foreign state agency as define…
Neb. Rev. Stat. § 9-801 Act, how cited.
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Sections 9-801 to 9-841 shall be known and may be cited as the State Lottery Act.
Neb. Rev. Stat. § 9-802 Purpose of act.
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The purpose of the State Lottery Act is to establish lottery games which will raise revenue for the purposes set forth in section 9-812.
Neb. Rev. Stat. § 9-803 Terms, defined.
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For purposes of the State Lottery Act: (1) Director shall mean the Director of the Lottery Division; (2) Division shall mean the Lottery Division of the Department of Revenue; (3) Lottery contractor shall mean a lottery vendor or lottery game retailer with whom the division has c…
Neb. Rev. Stat. § 9-804 Lottery Division of the Department of Revenue; established; Director of the Lottery Division.
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The Lottery Division of the Department of Revenue is hereby established. The division shall be administered by the Director of the Lottery Division who shall be appointed by and serve at the pleasure of the Tax Commissioner. The division shall administer and regulate the lottery …
Repealed. Laws 1995, LB 275, § 27.
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[Repealed or reserved.]
Transferred to section 83-162.01.
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[Repealed or reserved.]
Transferred to section 83-162.02.
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[Repealed or reserved.]
Transferred to section 83-162.03.
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[Repealed or reserved.]
Transferred to section 83-162.04.
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[Repealed or reserved.]
Neb. Rev. Stat. § 9-805 Tax Commissioner; agreements authorized.
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The Tax Commissioner may enter into written agreements with one or more government-authorized lotteries to participate in the conduct and operation of lottery games and may enter into written agreements with one or more government-authorized lotteries or other persons, entities, …
Neb. Rev. Stat. § 9-806 Legislative intent.
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In construing the State Lottery Act, it is the intent of the Legislature that the following policies be implemented: (1) The lottery games shall be operated by the division; (2) The lottery games shall be operated as a self-sufficient, revenue-raising operation after money genera…
Neb. Rev. Stat. § 9-807 Division; personnel; bond or insurance.
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(1) Other than the director, all employees of the division shall be classified employees under the rules and regulations of the personnel division of the Department of Administrative Services. (2) Before entering upon the duties of the office, the director and each employee of th…
Neb. Rev. Stat. § 9-808 Division; personnel; investigators or security personnel; powers and duties; confidentiality; exception.
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(1) The Tax Commissioner shall employ or contract with such personnel as necessary to carry out the responsibilities of the division. The Tax Commissioner shall employ investigators or security personnel who shall be vested with the authority and power of a law enforcement office…
Neb. Rev. Stat. § 9-809 Auditor of Public Accounts; audit; Tax Commissioner; reports.
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(1) The books, records, funds, and accounts of the division shall be audited at least annually by or under the direction of the Auditor of Public Accounts who shall submit a report of the audit to the Governor and the Legislature. The report submitted to the Legislature shall be …
Neb. Rev. Stat. § 9-810 Lottery ticket; restrictions on sale and purchase; computation of retail sales; termination of liability; prize credited against certain tax liability or debt; procedure.
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(1) A person under nineteen years of age shall not purchase a lottery ticket. No lottery ticket shall be sold to any person under nineteen years of age. No person shall purchase a lottery ticket for a person under nineteen years of age, and no person shall purchase a lottery tick…
Neb. Rev. Stat. § 9-811 Exemption from occupation tax.
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Lottery games conducted pursuant to the State Lottery Act shall be exempt from any local or occupation tax levied or assessed by any political subdivision having the power to levy, assess, or collect such a tax.
Neb. Rev. Stat. § 9-811.01 Lottery Investigation Petty Cash Fund; establishment; use; investment; Tax Commissioner; department; duties; records and reports.
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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 Lottery Investigation Petty Cash Fund. The money used to initiate and maintain the fund shall be drawn solely from the State Lottery Operat…
Neb. Rev. Stat. § 9-812 State Lottery Operation Trust Fund; State Lottery Operation Cash Fund; State Lottery Prize Trust Fund; created; transfers; investment; unclaimed prize money; use.
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(1) All money received from the operation of lottery games conducted pursuant to the State Lottery Act in Nebraska shall be credited to the State Lottery Operation Trust Fund, which fund is hereby created. All payments of the costs of establishing and maintaining the lottery game…
Neb. Rev. Stat. § 9-813 Lottery game retailer; Tax Commissioner; powers and duties; deposit of funds; liability for tickets.
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(1) The Tax Commissioner may require each lottery game retailer to deposit all money received by the lottery game retailer from the sale of lottery tickets, less the amount, if any, retained as compensation for the sale of lottery tickets and less the amount, if any, paid in priz…
Neb. Rev. Stat. § 9-814 Prohibited acts; violations; penalties.
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(1) It shall be a Class II misdemeanor for a lottery game retailer to fail to separate and keep separate all money received from the sale of lottery tickets less the amount, if any, retained as compensation for the sale of lottery tickets and less the amount, if any, paid in priz…
Repealed. Laws 1993, LB 138, § 83.
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[Repealed or reserved.]
Neb. Rev. Stat. § 9-816 Conflicts of interest; enumerated; compliance with other laws; violation; removal from office.
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(1) The Tax Commissioner, the director, and other employees of the division or their immediate families shall not, while employed with the division, directly or indirectly (a) knowingly hold a financial interest or acquire stocks, bonds, or any other interest in any entity which …
Neb. Rev. Stat. § 9-817 Director and employees of the division; investigatory and enforcement powers; application to district court; contempt.
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The director and any employee of the division, when authorized by the director or Tax Commissioner, shall have the power (1) to make a thorough investigation into all the records and affairs of any person, organization, or corporation when, in the judgment of the director, such i…
Neb. Rev. Stat. § 9-818 Attorney General and other law enforcement authority; powers and duties.
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The Tax Commissioner or the director may confer with the Attorney General or his or her designee as he or she deems necessary and advisable to carry out the responsibilities of the division. Upon request of the director with the approval of the Tax Commissioner, it shall be the d…
Neb. Rev. Stat. § 9-819 Lottery administration; hearings; rules and regulations; director; Tax Commissioner; duties; exempt from Administrative Procedure Act.
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(1) The director shall develop rules and regulations concerning lottery administration for consideration by the Tax Commissioner. Rules and regulations shall be adopted, promulgated, amended, or repealed only after a public hearing by the Tax Commissioner. Notice of the hearing s…
Neb. Rev. Stat. § 9-820 Contracts awarded by Tax Commissioner; notices of hearings; orders and decisions; delivery.
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Notices of hearings related to contracts awarded by the Tax Commissioner and copies of all orders and decisions of the Tax Commissioner concerning such contracts shall be mailed to the address of record of the appropriate party or parties.
Neb. Rev. Stat. § 9-821 District court of Lancaster County; jurisdiction; appeal.
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The district court of Lancaster County shall have exclusive original jurisdiction of all legal proceedings, except criminal actions, related to the administration, enforcement, or fulfillment of the responsibilities, duties, or functions of the division. An aggrieved party seekin…
Neb. Rev. Stat. § 9-822 Books and records; requirements.
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The director shall make and keep books and records which accurately and fairly reflect transactions of the lottery games conducted pursuant to the State Lottery Act, including the distribution of tickets to lottery game retailers, receipt of funds, prize claims, prizes paid, expe…
Neb. Rev. Stat. § 9-823 Rules and regulations; enumerated; Tax Commissioner; duties.
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The Tax Commissioner shall adopt and promulgate rules and regulations necessary to carry out the State Lottery Act. The rules and regulations shall include provisions relating to the following: (1) The lottery games to be conducted subject to the following conditions: (a) No lott…
Neb. Rev. Stat. § 9-824 Lottery game retailer; contract with division; considerations.
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No person shall sell tickets without first contracting with the division as a lottery game retailer. Persons shall be awarded contracts as lottery game retailers in a manner which best serves the public convenience. Before awarding a contract, the director shall consider the fina…
Neb. Rev. Stat. § 9-825 Lottery game retailer; division; sale of tickets; when.
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A lottery game retailer shall not engage in business exclusively to sell tickets, except that the director or Tax Commissioner may award a temporary contract to permit a lottery game retailer to sell tickets to the public at special events approved by the Tax Commissioner. Nothin…
Neb. Rev. Stat. § 9-826 Lottery game retailer; award of contract; director; findings required.
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A contract may be awarded to an applicant to operate as a lottery game retailer only after the director finds all of the following: (1) The applicant is at least nineteen years of age; (2) The applicant has not been convicted of a felony or misdemeanor involving gambling, moral t…
Neb. Rev. Stat. § 9-827 Lottery game retailer; cooperation with director; termination of contract.
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A lottery game retailer shall cooperate with the director by using point-of-purchase materials, posters, and other educational, informational, and marketing materials when requested to do so by the director. Lack of cooperation shall be sufficient cause for termination of a contr…
Neb. Rev. Stat. § 9-828 Director; powers relating to contracts and fees.
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The director may contract with lottery game retailers on a permanent, seasonal, or temporary basis and may require payment of an initial application fee or an annual fee, or both, as provided in rules and regulations. All fees shall be credited to the State Lottery Operation Trus…
Neb. Rev. Stat. § 9-829 Ticket sales; restrictions.
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A lottery game retailer shall sell tickets only on the premises stated in the contract. No ticket shall be sold over a telephone or through the mail. No credit shall be extended by the lottery game retailer for the purchase of a ticket.
Neb. Rev. Stat. § 9-830 Lottery game retailer; bond; requirements.
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(1) The director may require a bond from each lottery game retailer in an amount, as provided by rule or regulation, graduated according to the volume of expected sales of tickets by the retailer or may purchase a blanket surety bond or bonds covering the activities of all or sel…
Neb. Rev. Stat. § 9-831 Advertising on problem gambling prevention, education, and awareness messages; requirements.
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The division shall spend not less than five percent of the advertising budget for the state lottery on problem gambling prevention, education, and awareness messages. The division shall collaborate with the Nebraska Commission on Problem Gambling to coordinate messages developed …
Neb. Rev. Stat. § 9-832 Refusal to award contract; termination of contract; fine; procedure; appeal.
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The director may refuse to award a contract to any applicant and may terminate the contract of or initiate an administrative action to levy a fine against a lottery game retailer who violates any provision of the State Lottery Act or any rule or regulation adopted pursuant to the…
Neb. Rev. Stat. § 9-833 Procurement of goods or services; director; powers; limitation.
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The director may contract for, purchase, or lease goods or services necessary for effectuating the purpose of the State Lottery Act. All procurements shall be subject to the act and shall be exempt from any other state law concerning the purchase of any goods or services, and all…
Neb. Rev. Stat. § 9-834 Major procurement; lottery vendor; disclosures required; contract approval; requirements; section, how construed.
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(1) To enable the division to review and evaluate the competence, integrity, background, character, qualifications, and nature of the ownership and control of lottery vendors for major procurements, such vendors shall disclose the following information: (a) The lottery vendor's n…
Neb. Rev. Stat. § 9-835 Major procurement; director; Tax Commissioner; powers and duties; limitation; assignment of contract.
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(1) Subject to the approval of the Tax Commissioner, the director may request proposals for or enter into major procurements for effectuating the purpose of the State Lottery Act. In awarding contracts in response to requests for proposals, the director shall award such contracts…
Neb. Rev. Stat. § 9-836 Major procurement; lottery contractor; performance bond.
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Each lottery contractor for a major procurement shall, at the time of executing the contract with the director, post a performance bond with the director, using a surety acceptable to the director, in an amount equal to the full amount estimated to be paid annually to the contrac…
Neb. Rev. Stat. § 9-836.01 Division; sale of tangible personal property; distribution of profits.
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The division may endorse and sell for profit tangible personal property related to the lottery. Any money received as profit by the division pursuant to this section shall be remitted to the State Treasurer for credit to the State Lottery Operation Trust Fund to be distributed pu…
Neb. Rev. Stat. § 9-837 Lottery contractor; perform contract in compliance with other laws; failure; effect.
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Each lottery contractor shall perform its contract consistent with the laws of this state, federal laws, and the laws of the state or states in which such contractor is performing or producing, in whole or in part, any of the goods or services for which the division contracted. N…
Neb. Rev. Stat. § 9-838 Attorney General; Nebraska State Patrol; duties.
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Upon request of the director or Tax Commissioner, the Attorney General and the Nebraska State Patrol shall furnish to the director any information which they may have in their possession as may be necessary to ensure security, honesty, fairness, and integrity in the operation and…
Neb. Rev. Stat. § 9-839 Civil and criminal proceedings; jurisdiction.
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The failure to do any act required by or pursuant to or the performance of any act prohibited by the State Lottery Act shall be deemed an act in part in the principal office of the division. Any criminal prosecution under the act may be conducted in any county where the defendant…
Neb. Rev. Stat. § 9-840 Director; studies and report.
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(1) The director shall make a continuous study of the State Lottery Act to ascertain any defects in the act or in the rules and regulations promulgated pursuant to the act which could result in abuses in the administration and operation of lottery games or the act or in any evasi…