Bill Summary – FastDemocracy

LB980                                                                      LB980
                                                                      2020
                              LEGISLATURE OF NEBRASKA
                           ONE HUNDRED SIXTH LEGISLATURE
                                     SECOND SESSION
                       LEGISLATIVE BILL 980
        Introduced by Brandt, 32; Briese, 41.
        Read first time January 14, 2020
        Committee: General Affairs
    A BILL FOR AN ACT relating to the Nebraska Lottery and Raffle Act; to
        amend sections 9-426, 9-429, and 9-431, Reissue Revised Statutes of
        Nebraska; to change the duration of validity for a special permit;
        to change when the tax on gross proceeds is paid; to provide for
        online sales and purchases by certain payment card transactions; and
        to repeal the original sections.
    Be it enacted by the people of the State of Nebraska,
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LB980                                                                                           LB980
                                                                                           2020
           Section 1. Section 9-426, Reissue Revised Statutes of Nebraska, is
    amended to read:
           9-426 (1) A licensed organization may obtain from the department a
   special permit to conduct one raffle and one lottery. The cost of the
   special permit shall be ten dollars. The special permit shall exempt the
    licensed organization from subsections (2) and (3) of section 9-427 and
    from section    9-430.    The organization shall comply with all other
    requirements of the Nebraska Lottery and Raffle Act.
           (2) The special permit shall be valid for one year three calendar
    months and shall be issued by the department upon the proper application
    by the licensed organization. The special permit shall become invalid
    upon termination,      revocation,    or cancellation of    the organization's
    license to conduct a lottery or raffle. The application shall be in such
    form and contain such information as the department may prescribe. No
    licensed organization may obtain more than one special permit for each
    twelve-month period commencing October 1 of each year or such other date
    as the department may prescribe by rule and regulation.
           (3) No licensed organization conducting a raffle or lottery pursuant
    to a special permit shall pay persons selling tickets or stubs for the
    raffle or lottery, except that nothing in this subsection shall prohibit
    the awarding of prizes to such persons based on ticket or stub sales.
           Sec. 2. Section 9-429, Reissue Revised Statutes of Nebraska, is
    amended to read:
           9-429 Any licensed organization or any other organization or person
    conducting a lottery or raffle activity required to be licensed pursuant
    to the Nebraska Lottery and Raffle Act shall pay to the department a tax
    of two percent of    the gross proceeds of   each lottery having gross
    proceeds of    more than one thousand dollars or     raffle having gross
    proceeds of more than five thousand dollars. Such tax shall be remitted
    annually by September 30 each year quarterly, within thirty days of the
    end of the quarter, on forms approved and provided by the department. The
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LB980                                                                                               LB980
                                                                                               2020
   department shall remit the tax to the State Treasurer for credit to the
   Charitable Gaming Operations Fund. All deficiencies of the tax imposed by
   this section shall accrue interest and be   subject to   a penalty as
   provided for sales and use taxes in the Nebraska Revenue Act of 1967.
           Sec. 3. Section 9-431, Reissue Revised Statutes of Nebraska, is
    amended to read:
          9-431   Each licensed organization conducting    a lottery or   raffle
   conducted pursuant to the Nebraska Lottery and Raffle Act shall have its
   name and identification number clearly printed on each lottery or raffle
    ticket or stub used in such lottery or raffle. No such ticket or stub
   shall be sold unless such name and identification number is so printed
    thereon. In addition, all lottery or raffle tickets or stubs shall bear a
   number, which numbers shall be in sequence and clearly printed on the
   ticket or stub.
           Each ticket or stub shall have an equal chance of being chosen in
   the drawing.   Each ticket or   stub shall be   constructed of   the same
    material, shall have the same surface, and shall be substantially the
    same shape, size, form and weight.
          Each licensed organization conducting a lottery or raffle shall keep
   a record of all locations where its tickets or stubs are sold. Tickets or
   stubs may be sold online by the licensed organization on its web site and
   may be purchased using a credit card or debit card online or at events.
           Sec. 4.    Original sections 9-426, 9-429, and 9-431, Reissue Revised
    Statutes of Nebraska, are repealed.
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Statutes affected: 
Introduced: 9-426, 9-429, 9-431