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![handle is hein.sag/sagne2021 and id is 1 raw text is: i
DOUGLAS J. PETERSON
ATTORNEY GENERAL
SUBJECT:
REQUESTED BY:
WRITTEN BY:
STATE OF NEBRASKA
OFFICIAL
FEB 0.5 2021
DEPT. OF JUSTICE
Whether Initiative Measure 430, which permits the operation of
games of chance only by authorized gaming operators within
licensed racetrack enclosures [n]otwithstanding any other provision
of law, removes the authorization to conduct other forms of gaming
which have been previously permitted (LB 580).
Senator Mike Moser
Nebraska Legislature
Douglas J. Peterson, Attorney General
L. Jay Bartel, Assistant Attorney General
INTRODUCTION
In November, Nebraska voters approved three initiative measures related to
expanded gambling. Initiative Measure 429 amended Neb. Const. art. III, § 24, by adding
a new subsection (5) permitting legislative authorization of all forms of games of chance
when such games of chance are conducted by authorized gaming operators within a
licensed racetrack enclosure. Initiative Measure 430 enacted a statute (known as the
Nebraska Racetrack Gaming Act or NRGA] permitting the operation of games of
chance by authorized gaming operators within licensed racetrack enclosures. Initiative
Measure 431 enacted a statute providing for the taxation of revenue generated by
authorized gaming operators conducting games of chance at licensed racetrack locations,
and the distribution of those tax revenues.
Section 2 of the NRGA provides that, [n]otwithstanding any other provision of
law, . . . the operation of games of chance is permitted only by authorized gaming
operators within licensed racetrack enclosures. You have requested our opinion as to
whether the word 'only' in [this section] supersede[s] prior gambling legislation and in
doing so remove[s] the authorization for other forms of gambling the conduct of which
(off Ire
STATE OF NEBRASKA
of thje 0ttornty (cneral
2115 STATE CAPITOL BUILDING
LINCOLN, NE 68509-8920
(402) 471-2682
TDD (402) 471-2682
FAX (402) 471-3297 or (402) 471-4725](ViewImageLocal?handle=hein.sag/sagne2021&div=1&collection=&method=preview&ext=.png&size=3)