Nebraska Horse Race Wagering, Amendment 1 (2014)
| Not on Ballot |
|---|
 |
| This measure was not put on an election ballot |
The Nebraska Horse Race Wagering, Amendment 1 was not on the November 4, 2014 ballot in Nebraska as a legislatively referred constitutional amendment. The measure would have allowed for wagering or gambling on live, delayed or replayed horse races at licensed racetracks. The amendment would have also required local voter approval for any new racetrack facilities in a given municipality. A tax, to be determined by the legislature, would have been placed on wagering at racetrack facilities. Revenues from such tax would have been allocated as follows: 49 percent to elementary and secondary education statewide, 49 percent to property tax reductions statewide and 2 percent to a Compulsive Gamblers Assistance Fund.[1]
The proposed amendment was sponsored in the Nebraska Senate by State Senator Scott Lautenbaugh (NP-18) as Legislative Resolution 41CA.[1]
In Nebraska, a proposed amendment can be passed by majority vote, provided that the total number of votes cast on the initiative equals at least 35 percent of the total votes cast in the election.
Text of measure
Ballot title
The official ballot text was:[2]
| “ | A vote “FOR” this constitutional amendment would authorize the Legislature to enact laws providing for licensing and regulation of wagering on live or replayed horseraces, wherever run, either within or outside of the state, by the parimutuel method, when such wagering is conducted by licensees within a licensed racetrack enclosure and require appropriation of certain parimutuel taxes for regulation of parimutuel wagering, for education, for property tax relief, and for the Compulsive Gamblers Assistance Fund.
A vote “AGAINST” this constitutional amendment would not change existing provisions on wagering on the results of horseraces. A constitutional amendment to provide for enactment of laws providing for licensing and regulation of wagering on live or replayed horseraces, wherever run, either within or outside of the state, by the parimutuel method, when such wagering is conducted by licensees within a licensed racetrack enclosure, and to require appropriation of certain parimutuel taxes for regulation of parimutuel wagering, for education, for property tax relief, and for the Compulsive Gamblers Assistance Fund. ☐ For ☐ Against[3] |
” |
Statement of intent
The measure's statement of intent, written by the introducer, was:[4]
| “ | The following constitutes the reasons for this bill and the purposes which are sought to be accomplished thereby:
LR41CA would work in concert with LB590 to ensure the applicability of Instant Racing Terminals and their use at licensed horse racing facilities in the state of Nebraska. LR41CA would allow Nebraska licensed horse racing premises the ability to install and operate Instant Racing Terminals. The purpose of the installation of Instant Racing Terminals is to allow the Nebraska horse racing industry to provide an additional mode of horse race wagering inside the premises of a licensed horse racetrack. The Instant Racing Terminals will provide revenue to the State of Nebraska and Nebraska’s licensed horse racetracks. Consequently, Instant Racing Terminals will provide additional revenue for the preservation of jobs associated with the Nebraska horse racing industry.[3] |
” |
Constitutional changes
- See also: Article III, Nebraska Constitution
The measure would have amended Section 24 of Article III of the Nebraska Constitution.[1]
Note: Hover over the text and scroll to see the full text.
(1) Except as provided in this section, the Legislature shall not authorize any game of chance or any lottery or gift enterprise when the consideration for a chance to participate involves the payment of money for the purchase of property, services, or a chance or admission ticket or requires an expenditure of substantial effort or time.
(2) The Legislature may authorize and regulate a state lottery pursuant to subsection (3) of this section and other lotteries, raffles, and gift enterprises which are intended solely as business promotions or the proceeds of which are to be used solely for charitable or community betterment purposes without profit to the promoter of such lotteries, raffles, or gift enterprises.
(3)
- (a) The Legislature may establish a lottery to be operated and regulated by the State of Nebraska. The proceeds of the lottery shall be appropriated by the Legislature for the costs of establishing and maintaining the lottery and for the following purposes, as directed by the Legislature:
- (i) The first five hundred thousand dollars after the payment of prizes and operating expenses shall be transferred to the Compulsive Gamblers Assistance Fund;
- (ii) Forty-four and one-half percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska Environmental Trust Fund to be used as provided in the Nebraska Environmental Trust Act;
- (iii) Forty-four and one-half percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be used for education as the Legislature may direct;
- (iv) Ten percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the Nebraska State Fair Board if the most populous city within the county in which the fair is located provides matching funds equivalent to ten percent of the funds available for transfer. Such matching funds may be obtained from the city and any other private or public entity, except that no portion of such matching funds shall be provided by the state. If the Nebraska State Fair ceases operations, ten percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the General Fund; and
- (v) One percent of the money remaining after the payment of prizes and operating expenses and the initial transfer to the Compulsive Gamblers Assistance Fund shall be transferred to the Compulsive Gamblers Assistance Fund.
- (b) No lottery game shall be conducted as part of the lottery unless the type of game has been approved by a majority of the members of the Legislature.
(4)
- (a) Nothing in this section shall be construed to prohibit
(a)the enactment of laws providing for the licensing and regulation of wagering on the results of live or replayed horseraces, wherever run, either within or outside of the state, by the parimutuel method, when such wagering is conducted by licensees within a licensed racetrack enclosure. The state’s proceeds from a tax placed on wagering by the parimutuel method shall be appropriated by the Legislature for the costs of regulating wagering by the parimutuel method and for the following purposes:- (i) Forty-nine percent of the money remaining after the payment of regulatory expenses shall be used for elementary and secondary education statewide;
- (ii) Forty-nine percent of the money remaining after the payment of regulatory expenses shall be used to reduce property taxes statewide; and
- (iii) Two percent of the money remaining after the payment of regulatory expenses shall be transferred to the Compulsive Gamblers Assistance Fund.
- (b) Nothing in this section shall be construed to prohibit
or (b)the enactment of laws providing for the licensing and regulation of bingo games conducted by nonprofit associations which have been in existence for a period of five years immediately preceding the application for license, except that bingo games cannot be conducted by agents or lessees of such associations on a percentage basis.[3]
Support
The campaign in support of the amendment was led by Nebraskans for Amendment 1.[5]
Supporters
Officials
- Sen. Scott Lautenbaugh (NP-18)
- Sen. Russ Karpisek (NP-32)[6]
Businesses
- Ho-Chunk Inc.[7]
Individuals
- Greg Hosch, general manager at Horsemen's Park[8]
Arguments
- Greg Hosch, general manager at Horsemen's Park in Omaha, argued, "We're all about live racing in the state and with live racing comes nothing but jobs and more jobs."[8]
Opposition
Gambling with the Good Life, an organization associated with the national group Stop Predatory Gambling, led the campaign in opposition to the measure.[9]
Opponents
Officials
- Sen. Ernie Chambers (NP-11)[8]
- Sen. Bill Avery (NP-28)[6]
- Sen. Beau McCoy (NP-39)[10]
Organizations
- Gambling with the Good Life[11]
Lawsuits
- See also: List of ballot measure lawsuits in 2014
Gambling with the Good Life lawsuit
Patricia Loontjer, Director of Gambling with the Good Life, filed a lawsuit against the measure in the Nebraska Supreme Court on July 28, 2014. Gambling with the Good Life argued that the ballot measure effectively asked two questions:[12]
- Should wagering or gambling on live, delayed or replayed horse races at licensed racetracks be legalized?
- Should revenue from taxes on gambling be spent on education, property tax relief, and for the Compulsive Gamblers Assistance Fund?
As of 2014, the Nebraska Constitution contains a provision against asking constituents to answer two questions in just one vote.[13]
The Nebraska Supreme Court heard the case on August 27, 2014.[14] On September 5, 2014, the court ruled in favor of Gambling with the Good Life. The court agreed that the measure asked more than one question, and it was removed from the ballot.[15]
Path to the ballot
- See also: Amending the Nebraska Constitution
The Nebraska State Senate was required to pass the legislation by a 60 percent vote in order to place the proposed amendment on the ballot. The measure fell short two votes from the necessary supermajority and was defeated on April 3, 2014.[16] However, the measure was voted on for a second time and was approved on April 7, 2014.[17] Some senators, such as Rick Kolowski (NP-31), changed their vote to in favor during the second round not because they agreed with the measure, but because they wanted constituents to have an opportunity to vote on the issue.[18]
Senate vote
April 7, 2014 Senate vote
| Nebraska LR 41CA Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 30 | 63.83% | ||
| No | 17 | 36.17% | ||
See also
External links
Basic information
Opposition
Footnotes
- ↑ 1.0 1.1 1.2 Nebraska Legislature, "Legislative Resolution 41CA," accessed March 6, 2014
- ↑ Nebraska Secretary of State, "Amendment 1," accessed August 18, 2014
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Nebraska Legislature, "LR41CA Introducer's Statement of Intent," accessed June 23, 2014
- ↑ News Observer, "Group will push for horse-racing ballot measure," August 21, 2014 (dead link)
- ↑ 6.0 6.1 Daily Deal Omaha, "Legislative proposal to permit bets on recorded horse races advances," March 6, 2014
- ↑ Sioux City Journal, "Nebraska voters will weigh in on historical horse races," April 7, 2014
- ↑ 8.0 8.1 8.2 Beaumont Enterprise, "Nebraska proposal to expand horse racing advances," March 5, 2014
- ↑ Gambling with the Good Life, "Homepage," accessed June 25, 2014
- ↑ Daily Journal, "Effort to put historic horse racing on ballot in Nebraska nears passage, faces 1 more vote," March 25, 2014
- ↑ Columbus Telegram, "Historical racing proponents, foes saddle up for campaigns," June 7, 2014
- ↑ Omaha.com, "Group petitions Nebraska Supreme Court to remove from ballot amendment on horse race reruns," July 29, 2014
- ↑ Beaumont Enterprise, "Lawsuit targets Nebraska horse racing measure," July 29, 2014
- ↑ Sioux City Journal, "Nebraska high court hears arguments in horse racing challenge," August 27, 2014
- ↑ Lincoln Journal Star, "Instant racing measure taken off ballot," September 5, 2014
- ↑ News Times, "Proposal to expand horse racing in Nebraska fails," April 3, 2014
- ↑ Daily Journal, "Proposal to put historic horse racing on Nebraska ballot in November approved by lawmakers," April 7, 2014
- ↑ Nebraska's PBS and NPR Stations, "Voters To Be Asked About "Historic" Horseracing; Ban On Sex Orientation Job Discrimination Fails," April 7, 2014
 |
State of Nebraska Lincoln (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
