LB638 Summary

LB638 was passed by the Nebraska Legislature during the 2007 legislative session. The operative date of the legislation is September 1, 2007.

LB638 addresses several issues relating to the regulation of charitable gaming in Nebraska:

First, LB638 repeals several obsolete provisions of the various acts relating to annual licensing requirements. In 2000, LB1086 was enacted by the Nebraska Legislature which provided for the biennial licensing of bingo, pickle card, and lottery/raffle activities. The staggered implementation of biennial licensing was completed in 2002, however, the various statutes relating to licensing still included references to annual licenses and corresponding annual license fees.

Second, LB638 repeals the $10 annual local bingo permit required by section 9-236 of the Nebraska Bingo Act. However, section 9-237 still requires a licensed organization to file a copy of its license application with the village clerk, city clerk, or county clerk.

Third, LB638 amends section 9-241.03 of the Nebraska Bingo Act, which currently limits the use of a premises to two times per week for regular bingo occasions, and provides a means whereby a licensed organization or commercial lessor may request authorization from the Department to exceed the limitations on the use of a premises for bingo when it is cost advantageous for multiple nonprofit organizations to use the same premises. The use of the premises would be still be restricted to not more than one bingo occasion per calendar day regardless of the number of licensed organizations using the premises for bingo. The licensed organization’s limit of 10 regular bingo occasions per month would also be retained.

Finally, LB638 amends sections 9-1,104(4) and 77-366 and authorizes Department of Revenue investigators to perform certain investigative and enforcement activities relating to illegal gambling devices in Nebraska. Authority is limited to investigating possession of a gambling device, notifying local law enforcement officials, and reporting suspected violations to the county attorney for possible criminal prosecution.