Nebraska LB 13: Allow an authorized gaming operator to conduct sports wagering by means of an online sports wagering platform under the Nebraska Racetrack Gaming Act, change the distribution of taxes collected from sports wagering, and change requirements relating to proposals for constitutional amendments submitted by the Legislature

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SPECIAL SESSION
LEGISLATIVE BILL 13

Introduced by Bostar, 29.
Read first time July 25, 2024
Committee: General Affairs
A BILL FOR AN ACT relating to gambling and the Constitution of Nebraska;1
to amend sections 9-1204 and 49-202.01, Reissue Revised Statutes of2
Nebraska; section 9-1103, Revised Statutes Supplement, 2023; and3
section 9-1110, Revised Statutes Supplement, 2023, as amended by4
Laws 2024, LB1317, section 49; to define and redefine terms; to5
authorize an authorized gaming operator to conduct sports wagering6
by means of an online sports wagering platform under the Nebraska7
Racetrack Gaming Act as prescribed; to change provisions for the8
distribution of taxes collected from sports wagering; to change9
requirements relating to proposals for constitutional amendments10
submitted by the Legislature; to provide operative dates; to provide11
severability; to repeal the original sections; and to declare an12
emergency.13
Be it enacted by the people of the State of Nebraska,14
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Section 1. Section 9-1103, Revised Statutes Supplement, 2023, is1
amended to read:2
9-1103 For purposes of the Nebraska Racetrack Gaming Act:3
(1) Authorized gaming operator means a person or entity licensed4
pursuant to the act to operate games of chance within a licensed5
racetrack enclosure;6
(2) Authorized gaming operator license means a license to operate7
games of chance as an authorized gaming operator at a licensed racetrack8
enclosure;9
(3)(a) Except as otherwise provided in subdivision (b) of this10
subdivision, authorized sporting event means a professional sporting11
event, a collegiate sporting event, an international sporting event, a12
professional motor race event, a professional sports draft, an individual13
sports award, an electronic sport, or a simulated game; and14
(b) Authorized sporting event does not include an instate collegiate15
sporting event in which an instate collegiate or university team is a16
participant, a parimutuel wager, a fantasy sports contest, a minor league17
sporting event, a sporting event at the high school level or below18
regardless of the age of any individual participant, or any sporting19
event excluded by the commission;20
(4) Collegiate sporting event means an athletic event or competition21
of an intercollegiate sport played at the collegiate level for which22
eligibility requirements for participation by a student athlete are23
established by a national association for the promotion or regulation of24
collegiate athletics;25
(5) Commission means the State Racing and Gaming Commission;26
(6) Designated sports wagering area means an area, as approved by27
the commission, in which sports wagering is conducted;28
(7) Game of chance means any game which has the elements of chance,29
prize, and consideration, including any wager on a slot machine, table30
game, counter game, or card game, a keno lottery conducted in accordance31
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with the Nebraska County and City Lottery Act, or sports wagering. Game1
of chance does not include any game the operation of which is prohibited2
at a casino by federal law;3
(8) Gaming device means an electronic, mechanical, or other device4
which plays a game of chance when activated by a player using currency, a5
token, or other item of value;6
(9) International sporting event means an international team or7
individual sporting event governed by an international sports federation8
or sports governing body, including sporting events governed by the9
International Olympic Committee and the International Federation of10
Association Football;11
(10) Licensed racetrack enclosure means all real property licensed12
and utilized for the conduct of a race meeting, including the racetrack13
and any grandstand, concession stand, office, barn, barn area, employee14
housing facility, parking lot, and additional area designated by the15
commission in accordance with the Constitution of Nebraska and applicable16
Nebraska law;17
(11) Limited gaming device means an electronic gaming device which18
(a) offers games of chance, (b) does not dispense currency, tokens, or19
other items of value, and (c) does not have a cash winnings hopper,20
mechanical or simulated spinning reel, or side handle;21
(12) Online sports wagering platform means an integrated system of22
hardware, software, or applications through which an authorized gaming23
operator or its platform provider operates, conducts, or offers sports24
wagering through the Internet to persons located within the State of25
Nebraska;26
(13) Platform provider means a sports wagering vendor that contracts27
with an authorized gaming operator to provide an online sports wagering28
platform;29
(14) (12) Prohibited participant means any individual whose30
participation may undermine the integrity of the wagering or the sporting31
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event or any person who is prohibited from sports wagering f