Bill Summary – FastDemocracy

LB41                                                                                   LB41
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                               LEGISLATURE OF NEBRASKA
                          ONE HUNDRED SIXTH LEGISLATURE
                                   FIRST SESSION
                        LEGISLATIVE BILL 41
       Introduced by Hilkemann, 4.
       Read first time January 10, 2019
       Committee: Appropriations
  A BILL FOR AN ACT relating to bingo and other gambling; to amend section
      9-1,101, Revised Statutes Cumulative Supplement, 2018; to change
      provisions relating to   the Charitable Gaming Division and the
      Nebraska Commission on   Problem Gambling,   use of   the Charitable
      Gaming Operations Fund, and transfers to the Compulsive Gamblers
       Assistance Fund and General Fund as prescribed; and to repeal the
       original section.
   Be it enacted by the people of the State of Nebraska,
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LB41                                                                                            LB41
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          Section 1. Section 9-1,101, Revised Statutes Cumulative Supplement,
   2018, is amended to read:
         9-1,101 (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 the Department of Revenue, which division is hereby created.
   The Department of Revenue shall make annual reports to the Governor,
  Legislature, Auditor of Public Accounts, and Attorney General on all tax
  revenue received, expenses incurred, and other activities relating to the
  administration and enforcement of such acts. The report submitted to the
  Legislature shall be submitted electronically.
         (2) The Charitable Gaming Operations Fund is hereby created. Any
  money in the fund available for investment shall be invested by the state
  investment officer pursuant to the Nebraska Capital Expansion Act and the
  Nebraska State Funds Investment Act.
          (3)(a) Of the taxes collected pursuant to sections 9-239, 9-344,
  9-429, and 9-648, the State Treasurer shall transfer: Forty percent of
  the taxes collected pursuant to sections 9-239, 9-344, 9-429, and 9-648
  shall be available to the Charitable Gaming Division for administering
   and enforcing the acts listed in subsection (1) of this section and
   providing administrative support for the Nebraska Commission on Problem
  Gambling. The remaining sixty percent shall be transferred to the General
   Fund. Any portion of the forty percent not used by the division in the
  administration and enforcement of    such acts and section shall be
  distributed as provided in this subsection.
         (i) The first five hundred thousand dollars collected each fiscal
   year from the Charitable Gaming Operations Fund to   the Compulsive
   Gamblers Assistance Fund, such transfers to be made in four installments
  equal to one hundred twenty-five thousand dollars each on or before the
  last day of the last month of each fiscal quarter; and
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LB41                                                                                      LB41
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         (ii) After each transfer required by subdivision (a)(i) of this
  subsection has been satisfied, (A) one percent of the remaining balance
  in the Charitable Gaming Operations Fund from the taxes collected each
  fiscal quarter to the Compulsive Gamblers Assistance Fund and (B) sixty
  percent of the remainder after the transfer under subdivision(A) of this
  subdivision from the taxes collected each fiscal quarter to the General
  Fund.
         (b) Any money remaining in the Charitable Gaming Operations Fund
  after the transfers made pursuant to subdivision (a) of this subsection
  shall be available to the Charitable Gaming Division for administering
  and enforcing the acts listed in subsection (1) of this section and
  providing administrative support for the Nebraska Commission on Problem
  Gambling.
          (c) Any money remaining in the Charitable Gaming Operations Fund
  after the transfers pursuant to subdivision (a) of this subsection not
   used by   the Charitable Gaming Division in    its administration and
   enforcement duties pursuant to subdivision (b) of this subsection may be
   transferred to the General Fund at the direction of the Legislature.
         (b) On or before November 1 each year, the State Treasurer shall
  transfer one hundred thousand dollars from the Charitable Gaming
  Operations Fund to the Compulsive Gamblers Assistance Fund, except that
  no transfer shall occur if the Charitable Gaming Operations Fund contains
  less than one hundred thousand dollars.
          (c) Any money remaining in the Charitable Gaming Operations Fund
  after the transfer pursuant to subdivision (b) of this subsection not
   used by   the Charitable Gaming Division in    its administration and
  enforcement duties pursuant to this section may be transferred to the
  General Fund at the direction of the Legislature.
          (4) The Tax Commissioner shall employ investigators who shall be
   vested with the authority and power of a law enforcement officer to carry
   out the laws of this state administered by the Tax Commissioner or the
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LB41                                                                                              LB41
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  Department of Revenue and to enforce sections 28-1101 to 28-1117 relating
  to possession of a gambling device. For purposes of enforcing sections
  28-1101 to 28-1117, the authority of the investigators shall be limited
  to investigating possession of a gambling device, notifying local law
  enforcement authorities, and reporting suspected violations to the county
  attorney for prosecution.
         (5) The Charitable Gaming Division may charge a fee for publications
   and listings it   produces.    The fee shall not exceed the cost of
   publication and distribution of such items. The division may also charge
  a fee for making a copy of any record in its possession equal to the
  actual cost per page. The division shall remit the fees to the State
  Treasurer for credit to the Charitable Gaming Operations Fund.
        (6) For administrative purposes only, the Nebraska Commission on
  Problem Gambling shall be located within the Charitable Gaming Division.
   The division shall provide office space,    furniture,        equipment,     and
   stationery and other necessary supplies for the commission. Commission
  staff shall be appointed, supervised, and terminated by the director of
  the Gamblers Assistance Program pursuant to section 9-1004.
        Sec.   2.    Original section     9-1,101,       Revised Statutes Cumulative
  Supplement, 2018, is repealed.
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