Ban on Casino Betting on In-State Nebraska College Sports Advances

May 13, 2021, midnight ·

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Nebraska Capitol (Photo by Fred Knapp, NET News)

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The Nebraska Legislature moved Thursday to prohibit betting at casinos on Nebraska college sports events played in the state. And Speaker Mike Hilgers announced he intends to wrap up the legislative session early.


The ban on casino betting on Nebraska college sports events played in-state was contained in an amendment to a bill implementing the casinos-at-racetracks initiative approved by voters last fall. That bill includes permission for sports betting at casinos, but Sen. Patty Pansing Brooks has objected that allowing betting on University of Nebraska home football games, for example, would spoil the atmosphere of the games.

Sen. Adam Morfeld said the amendment prohibiting betting at Nebraska casinos would not prevent such betting from happening.

“This is activity that is already occurring. What we are basically saying is ‘Yes, you can drive to Iowa on game day, place your bet, and then go to the Husker game…or you can do what a lot of Nebraskans are already doing: placing those bets on their phone while they’re at the game or right before,’” Morfeld said.

Morfeld added the ban would deprive Nebraska of casino tax revenue.

“It makes no sense whatsoever. It is literally just puritanical nonsense,” he declared.

Sen. Tom Brandt asked Pansing Brooks about lost revenue.

“Do you know how much this is going to cost the state of Nebraska?” Brandt inquired.

“It’s money we aren’t getting right now. People are still betting in Iowa. Go to Iowa and continue to bet,” Pansing Brooks replied.

Sen. Terrell McKinney suggested the ban was counterproductive.

“We stand up every day and say we want to be competitive with our neighbors. But we do things like this to make us not competitive with our neighbors. Why should Nebraska dollars go to Iowa when we could just be competitive with our neighbors?” McKinney asked.

Sen. Steve Lathrop, who proposed the amendment, said he didn’t care much for the ban either, but it was part of the messy process of legislative compromise.

“Am I really happy about that? No. Do I think it’s a compelling thing to do? No I don’t. But we’re makin’ sausage here. And that’s about countin’ votes. And at the end of the day Sen. Briese needs 33, or this doesn’t go,” Lathrop said.

Sen. Tom Briese is the sponsor of the gambling implementation bill, which needs 33 votes, 2/3 of the Legislature, because it modifies what was passed by voters last November.

Lathrop’s ingredient in the sausage is a requirement that if casinos offer keno games, those must operate under the same restrictions, like requiring cash and paper tickets, as required in keno locations outside of casinos. Lathrop says that will help keno operators compete, which is important because keno taxes help the budgets of cities like Ralston, which he represents. His amendment was adopted on a vote of 31-4, and the gambling bill then got second-round approval on a vote of 39-3. It needs one more round of approval before being sent to Gov. Pete Ricketts.

Lawmakers also took up a proposal intended to give the Legislature more input over changes to the state’s Youth Rehabilitation and Treatment Centers. Sen. Machaela Cavanaugh proposed requiring the Department of Health and Human Services to give 90 days notice prior to making any substantial change. Lathrop said that was a good idea.

“It’s very disturbing to me how they just do things and they don’t collaborate with the Legislature,” he said.

Sen. John Arch, chair of the Health and Human Services Committee, opposed the idea, saying language he proposed would accomplish the same purpose.

“It provides for quarterly reports for anything anticipated over the next 90 days. And it gets away from this ‘prior to’ language. It gets away from …walking over the line where we are telling the department they can’t do certain things. And gets away from that separation of powers (question),” Arch said.

Arch referred to an attorney general’s opinion on an earlier version of the bill that would have prohibited the department from making any substantial changes until the Legislature had time to act. The opinion said that raised serious constitutional questions about whether it violated the separation of powers. Cavanaugh’s amendment was defeated, 25-16.

Also Thursday, Speaker Mike Hilgers announced he’s planning to end the legislative session early. Hilgers said he intends to make May 27 the final day. That would be the 86th day of a session which, by the state constitution, is limited to 90 business days. Lawmakers had originally been scheduled to adjourn June 10. But Hilgers said he wants to allow more time for senators to work on big proposals to be considered next year.

“I know we’re in sort of the throes of this session. But really I’ve always thought the success of us – our work together as the 107th legislature will be determined in April of ’22. And that work really is going to be accomplished in the summer and fall. And to have a successful interim, I think that work needs to start now. And as people are thinking about it, please be aware of some of these milestones as we exit this session. And I would value your input and creative thinking. And I’m going to try to push and prod as many of you as I can to be thinking big as we go into next year, because I think it is so critical,” Hilgers said.

Among the big issues senators have talked about for next year are a comprehensive reform of the state’s tax and school finance system. Wednesday night, senators also agreed to delay until next year consideration of highway bonds to speed up expressway construction.

Hilgers promised to arrange the legislative schedule so there will be a chance on the final day to override any bills Gov. Pete Ricketts may veto. Lawmakers will also have to return later this year for a special session on redistricting, after detailed population information is received from the U.S. Census Bureau.