State Codes and Statutes
Statutes > Nebraska > Chapter9 > 9-8239-823. Rules and regulations; enumerated;Tax Commissioner; duties.The Tax Commissioner shall adoptand promulgate rules and regulations necessary to carry out the State LotteryAct. The rules and regulations shall include provisions relating to the following:(1) The lottery games to be conducted subject to the following conditions:(a) No lottery game shall use the theme of dog racing or horseracing;(b) In any lottery game utilizing tickets, each ticket in such gameshall bear a unique number distinguishing it from every other ticket in suchlottery game;(c) No name of an elected official shall appear on the tickets of anylottery game; and(d) In any instant-win game, the overall estimated odds of winning someprize shall be printed on each ticket and shall also be available at the officeof the division at the time such lottery game is offered for sale to the public;(2) The retail sales price for lottery tickets;(3) The types and manner of payment of prizes to be awarded for winningtickets in lottery games;(4) The method for determining winners, the frequency of drawings, ifany, or other selection of winning tickets subject to the following conditions:(a) No lottery game shall be based on the results of a dog race, horserace,or other sports event;(b) If the lottery game utilizes the drawing of winning numbers, a drawingamong entries, or a drawing among finalists (i) the drawings shall be witnessedby an independent certified public accountant, (ii) any equipment used inthe drawings shall be inspected by the independent certified public accountantand an employee of the division or designated agent both before and afterthe drawing, and (iii) the drawing shall be recorded on videotape with anaudio track; and(c) Drawings in an instant-win game, other than grand prize drawingsor other runoff drawings, shall not be held more often than weekly. Drawingsor selections in an on-line game shall not be held more often than daily;(5) The validation and manner of payment of prizes to the holders ofwinning tickets subject to the following conditions:(a) The prize shall be given to the person who presents a winning ticket,except that for awards in excess of five hundred dollars, the winner shallalso provide his or her social security number or tax identification number;(b) A prize may be given to only one person per winning ticket, exceptthat a prize shall be divided between the holders of winning tickets if thereis more than one winning ticket per prize;(c) For the convenience of the public, the director may authorize lotterygame retailers to pay winners of up to five hundred dollars after performingvalidation procedures on their premises appropriate to the lottery game involved;(d) No prize shall be paid to any person under nineteen years of age,and any prize resulting from a lottery ticket held by a person under nineteenyears of age shall be awarded to the parent or guardian or custodian of theperson under the Nebraska Uniform Transfers to Minors Act;(e) No prize shall be paid for tickets that are stolen, counterfeit,altered, fraudulent, unissued, produced or issued in error, unreadable, notreceived or not recorded by the division by acceptable deadlines, lackingin captions that confirm and agree with the lottery play symbols as appropriateto the lottery game involved, or not in compliance with additional specificrules and regulations and public or confidential validation and security testsappropriate to the particular lottery game involved;(f) No particular prize in any lottery game shall be paid more thanonce. In the event of a binding determination by the director that more thanone claimant is entitled to a particular prize, the sole right of such claimantsshall be the award to each of them of an equal share in the prize; and(g) After the expiration of the claim period for prizes for each lotterygame, the director shall make available a detailed tabulation of the totalnumber of tickets actually sold in the lottery game and the total number ofprizes of each prize denomination that were actually claimed and paid;(6) Requirements for eligibility for participation in grand prize drawingsor other runoff drawings, including requirements for submission of evidenceof eligibility;(7) The locations at which tickets may be sold except that no ticketmay be sold at a retail liquor establishment holding a license for the saleof alcoholic liquor at retail for consumption on the licensed premises unlessthe establishment holds a Class C liquor license with a sampling designationas provided in subsection(6) of section 53-124;(8) The method to be used in selling tickets;(9) The contracting with persons as lottery game retailers to sell ticketsand the manner and amount of compensation to be paid to such retailers;(10) The form and type of marketing of informational and educationalmaterial;(11) Any arrangements or methods to be used in providing proper securityin the storage and distribution of tickets or lottery games; and(12) All other matters necessary or desirable for the efficient andeconomical operation and administration of lottery games and for the convenienceof the purchasers of tickets and the holders of winning tickets. SourceLaws 1991, LB 849, § 23; Laws 1992, LB 907, § 25; Laws 1992, LB 1257, § 58; Laws 1993, LB 138, § 43; Laws 1994, LB 1313, § 1; Laws 1995, LB 343, § 4; Laws 2010, LB861, § 4.Effective Date: July 15, 2010 Cross ReferencesNebraska Uniform Transfers to Minors Act, see section 43-2701.
