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![handle is hein.sag/sagne0032 and id is 1 raw text is: Attorney General - Opinion Archives
Impact of Passage of Initiative Petition
Measures Proposing to Amend the Nebraska
Constitution to Authorize Video or Electronic
Gambling devices
(January 03, 2002)
Opinion 02001
DATE: January 03, 2002
SUBJECT: Impact of Passage of Initiative Petition Measures Proposing to Amend the
Nebraska Constitution to Authorize Video or Electronic Gambling devices
REQUESTED BY: Senator Ray Janssen
Nebraska Legislature
WRITTEN BY: Don Stenberg, Attorney General
L. Jay Bartel, Assistant Attorney General
You have requested our opinion concerning the effect of passage of two initiative
measures which propose to amend the Nebraska Constitution to authorize the use of
video
or electronic gambling devices. The first petition, filed with the Secretary of State on
November 6, 2001, proposes to amend the Nebraska Constitution to add a new
section 25
to Article XV which, if approved, would create the Nebraska Video and Electronic
Gaming Commission [the Commission]. The Commission, appointed by the
Governor with approval
of a majority of the Legislature, would be empowered to establish policy for the
conduct of video and electronic gaming in the State of Nebraska. Under the
initiative, video and
electronic gaming devices could only be authorized on premises licensed to
sell alcoholic liquor for consumption on the premises. . . . No more than ten video
and electronic gaming devices [could] be placed in any licensed location. The
second petition, filed with the Secretary of State on December 26, 2001, proposes to
add a new article to the Nebraska Constitution providing that any community may
establish 'and conduct gaming using player activated electronic gaming devices. . . .
This initiative provides for the creation of a gaming commission to regulate such
gambling, which would be allowed only on premises which are licensed to sell
alcoholic liquor for consumption on the premises and shall be conducted only by
[licensed] persons and entities. . . . Player activated electronic gaming devices is
defined as all forms of gaming devices where the element of chance is a product
of a computer process running contemporaneously with the play and where the
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