Details for NE PRESS - STATE OF NEBRASKA - Ad from 2020-10-15

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LEGAL NOTICE OF
MEASURES TO BE VOTED
UPON AT THE GENERAL
ELECTION OCCURRING
ON
NOVEMBER 3, 2020
BALLOT TITLE AND
TEXT OF STATUTORY
INITIATIVES
PROPOSED BY INITIATIVE
PETITION
BALLOT TITLE AND TEXT
OF THE CONSTITUTIONAL
AMENDMENTS
PROPOSED BY THE
LEGISLATURE

_____________
PROPOSED AMENDMENT
NO. 1
A vote FOR this constitutional
amendment would eliminate
a provision in the Nebraska
Constitution that states
that slavery or involuntary
servitude may be used as
a punishment for conviction
of a crime.
A vote AGAINST this
constitutional amendment
would leave the language
regarding slavery or
involuntary servitude
unchanged in the Nebraska
Constitution.
A constitutional
amendment to eliminate
slavery or involuntary
servitude as a punishment
for crime.
For
Against

_____________
PROPOSED AMENDMENT
NO. 2
A vote FOR this constitutional
amendment would amend
the Nebraska Constitution to
authorize the Legislature to
extend the maximum length
of time for the repayment
of indebtedness related
to tax-increment financing
from 15 years to 20 years
if more than one-half of the
property in the project area
is designated as extremely
blighted.
A vote AGAINST this
constitutional amendment
would leave the maximum
length of time for repayment
of indebtedness unchanged
at 15 years.
A constitutional
amendment to authorize
the Legislature to allow
cities and villages to
pledge property taxes as
part of a redevelopment
project for a period not
to exceed twenty years
if, due to a high rate of
unemployment combined
with a high poverty rate
as determined by law,
more than one-half of
the property in the
project area is extremely
blighted.
For
Against

_____________
PROPOSED BY INITIATIVE
PETITION
INITIATIVE MEASURE
428
Ballot Language for
Initiative Measure 428
A vote “FOR” will amend
Nebraska statutes to: (1)
reduce the amount that
delayed deposit services
licensees,
also
known
as payday lenders, can
charge to a maximum annual percentage rate of
thirty-six percent; (2) prohibit payday lenders from
evading this rate cap; and
(3) deem void and uncollectable any delayed deposit transaction made in
violation of this rate cap.
A vote “AGAINST” will not
cause the Nebraska statutes to be amended in such
manner.
Shall Nebraska statutes
be amended to: (1) reduce the amount that
delayed deposit services
licensees, also known
as payday lenders, can
charge to a maximum
annual percentage rate
of thirty-six percent; (2)
prohibit payday lenders
from evading this rate
cap; and (3) deem void
and uncollectable any
delayed deposit transaction made in violation of
this rate cap?

ZNEZ
For
Against
__________________________
TEXT OF PROPOSED
INITIATIVE MEASURE
428
(underscored language indicates added language,
strike through indicates
language being removed)
Object Statement
TITLE: The object of this
petition is to amend Nebraska statutes to reduce
the amount that delayed
deposit services licensees, also known as payday
lenders, can charge to a
maximum annual percentage rate of thirty-six
percent; to prohibit payday lenders from evading
this rate cap; and to deem
void and uncollectable any
transaction made in violation of this rate cap.
Proposed Text of Statutory
Initiative Petition
TEXT: FOR AN ACT relating to the Delayed Deposit
Services Licensing Act; to
amend sections 45-918
and 45-919, Revised Statutes Cumulative Supplement, 2018; to change
provisions governing licensees; and to repeal the
original sections.
Be it enacted by the people
of the State of Nebraska,
Section 1. Section 45-918,
Revised Statutes Cumulative Supplement, 2018, is
amended to read:
45-918. (1) No licensee
shall charge as a fee a total amount in excess of fifteen dollars per one hundred dollars or pro rata
for any part thereof on the
face amount of a check for
services provided by the
licensee. A licensee shall
not impose an annual percentage rate greater than
thirty-six percent in connection with a delayed
deposit transaction. Any
delayed deposit transaction made in violation of
this section is void, and
the licensee making such
delayed deposit transaction has no right to collect, receive, or retain any
principal, interest, fees, or
any other charges in connection with such delayed
deposit transaction.
(2) The fees set forth in
this section shall not be
charged to individuals on
active duty military or their
spouses or dependents in
an amount that exceeds
what is allowed under 10
U.S.C. 987, as such section existed on January 1,
2018.
Neb. Rev. Stat. §45-919
Acts prohibited.
(1) No licensee shall:
(a) At any one time hold
from any one maker more
than two checks;
(b) At any one time hold
from any one maker a
check or checks in an aggregate face amount of
more than five hundred
dollars;
(c) Hold or agree to hold a
check for more than thirtyfour days. A check which
is in the process of collection for the reason that it
was not negotiable on the
day agreed upon shall not
be deemed as being held in
excess of the thirty-fourday period;
(d) Require the maker
to receive payment by a
method which causes the
maker to pay additional or
further fees and charges to
the licensee, an affiliate of
the licensee, or any other
person;
(e) Accept a check as repayment, refinancing, or
any other consolidation of
a check or checks held by
the same licensee;
(f) Except as provided in
section 45-919.01, renew,
roll over, defer, or in any
way extend a delayed deposit transaction by allowing the maker to pay less
than the total amount of
the check and any authorized fees or charges. This
subdivision shall not prevent a licensee that agreed
to hold a check for less
than thirty-four days from
agreeing to hold the check
for an additional period of
time no greater than the
thirty-four days it would
have originally been able
to hold the check if (i) the
extension is at the request
of the maker, (ii) no additional fees are charged
for the extension, and (iii)
the delayed deposit transaction is completed as required by subdivision (1)

(c) of this section. The licensee shall retain written
or electronic proof of compliance with this subdivision. If a licensee fails, or
is unable, to provide such
proof to the department
upon request, there shall
be a rebuttable presumption that a violation of this
subdivision has occurred
and the department may
pursue any remedies or
actions available to it under the Delayed Deposit
Services Licensing Act;
(g) Enter into another delayed deposit transaction
with the same maker on
the same business day as
the completion of a delayed
deposit transaction unless prior to entering into
the transaction the maker
and the licensee verify on a
form prescribed by the department that completion
of the prior delayed deposit
transaction has occurred.
The licensee shall retain
written proof of compliance with this subdivision. If a licensee fails, or
is unable, to provide such
proof to the department
upon request, there shall
be a rebuttable presumption that a violation of this
subdivision has occurred
and the department may
pursue any remedies or
actions available to it under the act;
(h) Charge, collect, or receive any finance charges,
fees, interest, or similar
charges for loan brokerage, insurance, or any other ancillary products;
(i) Negotiate or present
a paper check for payment unless the check is
endorsed with the actual
business name of the licensee;
(j) Engage, in connection
with a delayed deposit
transaction, in unfair or
deceptive practices or advertising under the Uniform Deceptive Trade Practices Act to engage in any
act that limits or restricts
the application of the Delayed Deposit Services
Licensing Act, including,
but not limited to, making transactions disguised
as personal property, personal sales, or leaseback
transactions, or disguise
transaction proceeds as
cash rebated for the pretextual installment sale of
goods and services; or
(k) Evade the requirements
of section 45-918, including, but not limited to,
making, offering, assisting,
arranging, or guaranteeing
a delayed deposit transaction with a greater rate of
interest,
consideration,
fees, or charges than is
permitted therein through
any
method
including
mail, telephone, internet
or any electronic means
regardless of whether the
licensee has a physical location in the state; or
(k) (l) Attempt to deposit
or negotiate a check after
two consecutive failed collection attempts unless
the licensee has obtained
a new, written payment
authorization from the
maker.
(2) No licensee, affiliate of
a licensee, or any other
person, including a person
operating as a credit services organization, shall
charge, collect, or receive
any finance charges, fees,
interest, or similar charges
that would cause a maker
to pay an amount in excess of or in addition to
those permitted under the
Delayed Deposit Services
Licensing Act in connection with a delayed deposit
transaction, including, but
not limited to, charges for
loan brokerage, insurance,
or any other ancillary
products.
(3) For purposes of this
section, (a) completion of
a delayed deposit transaction means the licensee
has presented a maker’s
check for payment to a financial institution as defined in section 8-101.03
or the maker redeemed
the check by paying the
full amount of the check
in cash to the licensee and
(b) licensee shall include
(i) a person related to the
licensee by common ownership or control, (ii) a person in whom such licensee
has any financial interest
of ten percent or more, or
(iii) any employee or agent
of the licensee.

_____________

INITIATIVE MEASURE
429
Ballot Language for
Initiative Measure 429
A vote “FOR” will amend
the Nebraska Constitution
to state that laws may be
enacted to provide for the
authorization, regulation,
and taxation of all forms of
games of chance to be conducted by licensees within
licensed racetrack enclosures in Nebraska.
A vote “AGAINST” will not
cause the Nebraska Constitution to be amended in
such manner.
Shall the Nebraska Constitution be amended to
state that laws may be
enacted to provide for the
authorization, regulation,
and taxation of all forms
of games of chance to be
conducted by licensees
within licensed racetrack
enclosures in Nebraska?
For
Against
__________________________
TEXT OF PROPOSED
INITIATIVE MEASURE
429
(underscored language indicates added language,
strike through indicates
language being removed)
Object Statement
TITLE: The object of this
petition is to amend the
Nebraska Constitution to
state that laws may be
enacted allowing for the licensing, authorization, taxation, and regulation of all
forms of games of chance to
be conducted by authorized
gaming operators within
licensed racetrack enclosures in the state.
TEXT: Article III, Section
24, of the Constitution of
Nebraska shall be amended
as shown:
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) 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
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 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.
(5) This section shall not
apply to any law which is
enacted contemporaneously with the adoption of
this subsection or at any
time thereafter and which
provides for the licensing,
authorization, regulation,
or taxation 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
Ballot Language for
Initiative Measure 430
A vote “FOR” will enact a
statute which: (1) allows
games of chance to be
conducted by authorized
gaming operators within
licensed racetrack enclosures in Nebraska; (2) establishes a Nebraska Gaming Commission to license
and regulate such gaming; and (3) amends and
repeals existing sections
of law to harmonize provisions consistent with the
enactment of such statute.
A vote “AGAINST” will not
cause such a statute to be
enacted.
Shall a statute be enacted which: (1) allows
games of chance to be
conducted by authorized
gaming operators within
licensed racetrack enclosures in Nebraska; (2)
establishes a Nebraska
Gaming Commission to
license and regulate such
gaming; and (3) amends
and repeals existing sections of law to harmonize
provisions
consistent
with the enactment of
such statute?
For
Against

_____________
TEXT OF PROPOSED
INITIATIVE MEASURE
430
(underscored language indicates added language,
strike through indicates
language being removed)
Object Statement
TITLE: The object of this
petition is to enact a statute allowing all games of
chance to be conducted
by authorized gaming operators within licensed
racetrack enclosures in
Nebraska and establishes
a Nebraska Gaming Commission to regulate such
gaming in Nebraska.
Proposed Text of Statutory
Initiative Petition
TEXT: FOR AN ACT re-

lating to gaming; to
amend sections 28-1101,
28-1105, 28-1113, 772704.20, and 77-3001,
Reissue Revised Statutes
of Nebraska, and section
2-1203.01, Revised Statutes Cumulative Supplement, 2018; to adopt
the Nebraska Racetrack
Gaming Act; to authorize
games of chance as prescribed; to create a commission; to provide for
the regulation of games of
chance; to define terms;
to provide duties for the
State Racing Commission; to exempt the Nebraska Racetrack Gaming
Act from prohibitions and
penalties on gambling; to
exempt purchases by the
Nebraska Gaming Commission from sales and
use taxes; to harmonize
provisions; to provide an
operative date; and to repeal the original sections.
Be it enacted by the people
of the State of Nebraska,
Section 1. Sections 1 to 6
of this act shall be known
and may be cited as the
Nebraska Racetrack Gaming Act
Sec. 2. Notwithstanding
any other provision of the
law, and to the full extent
permitted by the Constitution of Nebraska, including
amendments to the Constitution of Nebraska adopted
contemporaneously with
the enactment of the Nebraska Racetrack Gaming
Act, the operation of games
of chance is permitted only
by authorized gaming operators within licensed
racetrack enclosures as
provided in the act.
Sec. 3. For purposes of the
Nebraska Racetrack Gaming Act:
(1) Authorized gaming operator means a person or
entity licensed pursuant to
the act to operate games of
chance within a licensed
racetrack enclosure;
(2) Authorized gaming operator license means a license
to operate games of chance
as an authorized gaming
operator at a licensed racetrack enclosure;
(3) Game of chance means
any game which has the
elements of chance, prize,
and consideration, including any wager on a slot machine, table game, counter
game, or card game. Game
of chance does not include
any game the operation of
which is prohibited at a
casino by federal law;
(4) Gaming device means
an electronic, mechanical,
or other device which plays
a game of chance when
activated by a player using
currency, a token, or other
item of value;
(5) Licensed racetrack enclosure means premises at which licensed live
horseracing is conducted
in accordance with the Constitution of Nebraska and
applicable Nebraska law;
(6) Limited gaming device
means an electronic gaming device which (a) offers
games of chance, (b) does
not dispense currency,
tokens, or other items of
value, and (c) does not
have a cash winnings hopper, mechanical or simulated spinning reel, or side
handle; and
(7) Racing license means a
license issued by the State
Racing Commission.
Sec. 4. (1) The operation
of games of chance at a licensed racetrack enclosure
may be conducted by an
authorized gaming operator
who holds an authorized
gaming operator license.
(2) No more than one authorized gaming operator
license shall be granted
for each licensed racetrack
enclosure within the state;
provided that, it shall not
be a requirement that the
person or entity applying
for or to be granted such
authorized gaming operator
license hold a racing license
or be the same person or
entity who operates the licensed racetrack enclosure
at which such authorized
gaming operator license
shall be granted.
(3) Gaming devices, limited gaming devices, and
all other games of chance
may be operated by authorized gaming operators
at a licensed racetrack
enclosure.
(4) No person younger than
twenty-one years of age
shall play or participate
in any way in any game of
chance or use any gaming
device or limited gaming device at a licensed racetrack
enclosure.
(5) No authorized gaming
operator shall permit an
individual younger than
twenty-one years of age to
play or participate in any
game of chance or use any
gaming device or limited
gaming device conducted
or operated pursuant to
the Nebraska Racetrack

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