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LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1000
Introduced by Brandt, 32; Aguilar, 35; Blood, 3; DeKay, 40; Dorn, 30;
Dungan, 26; Halloran, 33; Hughes, 24; McKinney, 11; Vargas,
7; von Gillern, 4; Walz, 15; Wayne, 13.
Read first time January 05, 2024
Committee: General Affairs
1 A BILL FOR AN ACT relating to the state lottery; to amend section 9-823,
2 Reissue Revised Statutes of Nebraska, and section 84-712.05, Revised
3 Statutes Cumulative Supplement, 2022; to provide for the anonymity
4 of winners of certain prizes; to change public records disclosure
5 provisions as prescribed; to harmonize provisions; and to repeal the
6 original sections.
7 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 9-823, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 9-823 The Tax Commissioner shall adopt and promulgate rules and
4 regulations necessary to carry out the State Lottery Act. The rules and
5 regulations shall include provisions relating to the following:
6 (1) The lottery games to be conducted subject to the following
7 conditions:
8 (a) No lottery game shall use the theme of dog racing or
9 horseracing;
10 (b) In any lottery game utilizing tickets, each ticket in such game
11 shall bear a unique number distinguishing it from every other ticket in
12 such lottery game;
13 (c) No name of an elected official shall appear on the tickets of
14 any lottery game; and
15 (d) In any instant-win game, the overall estimated odds of winning
16 some prize shall be printed on each ticket and shall also be available at
17 the office of the division at the time such lottery game is offered for
18 sale to the public;
19 (2) The retail sales price for lottery tickets;
20 (3) The types and manner of payment of prizes to be awarded for
21 winning tickets in lottery games;
22 (4) The method for determining winners, the frequency of drawings,
23 if any, or other selection of winning tickets subject to the following
24 conditions:
25 (a) No lottery game shall be based on the results of a dog race,
26 horserace, or other sports event;
27 (b) If the lottery game utilizes the drawing of winning numbers, a
28 drawing among entries, or a drawing among finalists (i) the drawings
29 shall be witnessed by an independent certified public accountant, (ii)
30 any equipment used in the drawings shall be inspected by the independent
31 certified public accountant and an employee of the division or designated
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1 agent both before and after the drawing, and (iii) the drawing shall be
2 recorded on videotape with an audio track; and
3 (c) Drawings in an instant-win game, other than grand prize drawings
4 or other runoff drawings, shall not be held more often than weekly.
5 Drawings or selections in an online game shall not be held more often
6 than daily;
7 (5) The validation and manner of payment of prizes to the holders of
8 winning tickets subject to the following conditions:
9 (a) The prize shall be given to the person who presents a winning
10 ticket, except that for awards in excess of five hundred dollars, the
11 winner shall also provide his or her social security number or tax
12 identification number;
13 (b) A prize may be given to only one person per winning ticket,
14 except that a prize shall be divided between the holders of winning
15 tickets if there is more than one winning ticket per prize;
16 (c) For the convenience of the public, the director may authorize
17 lottery game retailers to pay winners of up to five hundred dollars after
18 performing validation procedures on their premises appropriate to the
19 lottery game involved;
20 (d) No prize shall be paid to any person under nineteen years of
21 age, and any prize resulting from a lottery ticket held by a person under
22 nineteen years of age shall be awarded to the parent or guardian or
23 custodian of the person under the Nebraska Uniform Transfers to Minors
24 Act;
25 (e) No prize shall be paid for tickets that are stolen, counterfeit,
26 altered, fraudulent, unissued, produced or issued in error, unreadable,
27 not received or not recorded by the division by acceptable deadlines,
28 lacking in captions that confirm and agree with the lottery play symbols
29 as appropriate to the lottery game involved, or not in compliance with
30 additional specific rules and regulations and public or confidential
31 validation and security tests appropriate to the particular lottery game
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1 involved;
2 (f) No particular prize in any lottery game shall be paid more than
3 once. In the event of a binding determination by the director that more
4 than one claimant is entitled to a particular prize, the sole right of
5 such claimants shall be the award to each of them of an equal share in
6 the prize; and
7 (g) After the expiration of the claim period for prizes for each
8 lottery game, the director shall make available a detailed tabulation of
9 the total number of tickets actually sold in the lottery game and the
10 total number of prizes of each prize denomination that were actually
11 claimed and paid; and
12 (h) The division and any lottery contractor shall not publicly
13 disclose the identity of any person awarded a prize of two hundred fifty
14 thousand dollars or more except upon written authorization of such
15 person;
16 (6) Requirements for eligibility for participation in grand prize
17 drawings or other runoff drawings, including requirements for submission
18 of evidence of eligibility;
19 (7) The locations at which tickets may be sold except that no ticket
20 may be sold at a retail liquor establishment holding a license for the
21 sale of alcoholic liquor at retail for consumption on the licensed
22 premises unless the establishment holds a Class C liquor license with a
23 sampling designation as provided in subsection (6) of section 53-124;
24 (8) The method to be used in selling tickets;
25 (9) The contracting with persons as lottery game retailers to sell
26 tickets and the manner and amount of compensation to be paid to such
27 retailers;
28 (10)(a) The form and type of marketing of informational and
29 educational material.
30 (b) Beginning on September 1, 2019, all lottery advertisements shall
31 disclose the odds of winning the prize with the largest value for any
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1 lottery game in a clear and conspicuous manner. Such disclosure shall be
2 in a font size of not less than thirty-five percent of the largest font
3 used in the advertisement, except that for any online advertisement, such
4 disclosure shall be in a font size of at least ten points. This
5 subdivision (b) shall not apply to advertisements printed, distributed,
6 broadcast, or otherwise disseminated or conducted prior to September 1,
7 2019;
8 (11) Any arrangements or methods to be used in providing proper
9 security in the storage and distribution of tickets or lottery games; and
10 (12) All other matters necessary or desirable for the efficient and
11 economical operation and administration of lottery games and for the
12 convenience of the purchasers of tickets and the holders of winning
13 tickets.
14 Sec. 2. Section 84-712.05, Revised Statutes Cumulative Supplement,
15 2022, is amended to read:
16 84-712.05 The following records, unless publicly disclosed in an
17 open court, open administrative proceeding, or open meeting or disclosed
18 by a public entity pursuant to its duties, may be withheld from the
19 public by the lawful custodian of the records:
20 (1) Personal information in records regarding a student, prospective
21 student, or former student of any educational institution or exempt
22 school that has effectuated an election not to meet state approval or
23 accreditation requirements pursuant to section 79-1601 when such records
24 are maintained by and in the possession of a public entity, other than
25 routine directory information specified and made public consistent with
26 20 U.S.C. 1232g, as such section existed on February 1, 2013, and
27 regulations adopted thereunder;
28 (2) Medical records, other than records of births and deaths and
29 except as provided in subdivision (5) of this section, in any form
30 concerning any person; records of elections filed under section 44-2821;
31 and patient safety work product under the Patient Safety Improvement Act;
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1 (3) Trade secrets, academic and scientific research work which is in
2 progress and unpublished, and other proprietary or commercial information
3 which if released would give advantage to business competitors and serve
4 no public purpose;
5 (4) Records which represent the work product of an attorney and the
6 public body involved which are related to preparation for litigation,
7 labor negotiations, or claims made by or against the public body or which
8 are confidential communications as defined in section 27-503;
9 (5) Records developed or received by law enforcement agencies and
10 other public bodies charged with duties of investigation or examination
11 of persons, institutions, or businesses, when the records constitute a
12 part of the examination, investigation, intelligence information, citizen
13 complaints or inquiries, informant identification, or strategic or
14 tactical information used in law enforcement training, except that this
15 subdivision shall not apply to records so developed or received:
16 (a) Relating to the presence of and amount or concentration of
17 alcohol or drugs in any body fluid of any person; or
18 (b) Relating to the cause of or circumstances surrounding the death
19 of an employee arising from or related to his or her employment if, after
20 an investigation is concluded, a family member of the deceased employee
21 makes a request for access to or copies of such records. This subdivision
22 does not require access to or copies of informant identification, the
23 names or identifying information of citizens making complaints or
24 inquiries, other information which would compromise an ongoing criminal
25 investigation, or information which may be withheld from the public under
26 another provision of law. For purposes of this subdivision, family member
27 means a spouse, child, parent, sibling, grandchild, or grandparent by
28 blood, marriage, or adoption;
29 (6) The identity and personal identifying information of an alleged
30 victim of sexual assault or sex trafficking as provided in section
31 29-4316;
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1 (7) Appraisals or appraisal information and negotiation records
2 concerning the purchase or sale, by a public body, of any interest in
3 real or personal property, prior to completion of the purchase or sale;
4 (8) Personal information in records regarding personnel of public
5 bodies other than salaries and routine directory information;
6 (9) Information solely pertaining to protection of the security of
7 public property and persons on or within public property, such as
8 specific, unique vulnerability assessments or specific, unique response
9 plans, either of which is intended to prevent or mitigate criminal acts
10 the public disclosure of which would create a substantial likelihood of
11 endangering public safety or property; computer or communications network
12 schema, passwords, and user identification names; guard schedules; lock
13 combinations; or public utility infrastructure specifications or design
14 drawings the public disclosure of which would create a substantial
15 likelihood of endangering public safety or property, unless otherwise
16 provided by state or federal law;
17 (10) Information that relates details of physical and cyber assets
18 of critical energy infrastructure or critical electric infrastructure,
19 including (a) specific engineering, vulnerability, or detailed design
20 information about proposed or existing critical energy infrastructure or
21 critical electric infrastructure that (i) relates details about the
22 production, generation, transportation, transmission, or distribution of
23 energy, (ii) could be useful to a person in planning an attack on such
24 critical infrastructure, and (iii) does not simply give the general
25 location of the critical infrastructure and (b) the identity of personnel
26 whose primary job function makes such personnel responsible for (i)
27 providing or granting individuals access to physical or cyber assets or
28 (ii) operating and maintaining physical or cyber assets, if a reasonable
29 person, knowledgeable of the electric utility or energy industry, would
30 conclude that the public disclosure of such identity could create a
31 substantial likelihood of risk to such physical or cyber assets.
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1 Subdivision (10)(b) of this section shall not apply to the identity of a
2 chief executive officer, general manager, vice president, or board member
3 of a public entity that manages critical energy infrastructure or
4 critical electric infrastructure. The lawful custodian of the records
5 must provide a detailed job description for any personnel whose identity
6 is withheld pursuant to subdivision (10)(b) of this section. For purposes
7 of subdivision (10) of this section, critical energy infrastructure and
8 critical electric infrastructure mean existing and proposed systems and
9 assets, including a system or asset of the bulk-power system, whether
10 physical or virtual, the incapacity or destruction of which would
11 negatively affect security, economic security, public health or safety,
12 or any combination of such matters;
13 (11) The security standards, procedures, policies, plans,
14 specifications, diagrams, access lists, and other security-related
15 records of the Lottery Division of the Department of Revenue and those
16 persons or entities with which the division has entered into contractual
17 relationships. Nothing in this subdivision shall allow the division to
18 withhold from the public any information relating to:
19 (a) Amounts amounts paid persons or entities with which the division
20 has entered into contractual relationships; ,
21 (b) Amounts amounts of prizes paid; or ,
22 (c) The the name of any the prize winner awarded a prize of less
23 than two hundred fifty thousand dollars, and the city, village, or county
24 where the prize winner resides;
25 (12) With respect to public utilities and except as provided in
26 sections 43-512.06 and 70-101, personally identified private citizen
27 account payment and customer use information, credit information on
28 others supplied in confidence, and customer lists;
29 (13) Records or portions of records kept by a publicly funded
30 library which, when examined with or without other records, reveal the
31 identity of any library patron using the library's materials or services;
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