9-812 State Lottery Operation Trust Fund; State Lottery Operation Cash Fund; State Lottery Prize Trust Fund; created; transfers; Education Innovation Fund; created; use; investment; unclaimed prize mo - Nebraska Statutes

9-812. State Lottery OperationTrust Fund; State Lottery Operation Cash Fund; State Lottery Prize Trust Fund;created; transfers; Education Innovation Fund; created; use; investment; unclaimedprize money; use.(1) All money received from the operationof lottery games conducted pursuant to the State Lottery Act in Nebraska shallbe credited to the State Lottery Operation Trust Fund, which fund is herebycreated. All payments of the costs of establishing and maintaining the lotterygames shall be made from the State Lottery Operation Cash Fund. In accordancewith legislative appropriations, money for payments for expenses of the divisionshall be transferred from the State Lottery Operation Trust Fund to the StateLottery Operation Cash Fund, which fund is hereby created. All money necessaryfor the payment of lottery prizes shall be transferred from the State LotteryOperation Trust Fund to the State Lottery Prize Trust Fund, which fund ishereby created. The amount used for the payment of lottery prizes shall notbe less than forty percent of the dollar amount of the lottery tickets whichhave been sold.(2) Beginning October 1, 2003, a portion of the dollar amount of thelottery tickets which have been sold on an annualized basis shall be transferredfrom the State Lottery Operation Trust Fund to the Education Innovation Fund,the Nebraska Opportunity Grant Fund, theNebraska Environmental Trust Fund, the Nebraska State Fair Board, and theCompulsive Gamblers Assistance Fund. The dollar amount transferred pursuantto this subsection shall equal the greater of (a) the dollar amount transferredto the funds in fiscal year 2002-03 or (b) any amount which constitutes atleast twenty-two percent and no more than twenty-five percent of the dollaramount of the lottery tickets which have been sold on an annualized basis.To the extent that funds are available, the Tax Commissioner and directormay authorize a transfer exceeding twenty-five percent of the dollar amountof the lottery tickets sold on an annualized basis.(3) Of the money available to be transferred to the Education InnovationFund, the Nebraska Opportunity Grant Fund, theNebraska Environmental Trust Fund, the Nebraska State Fair Board, and theCompulsive Gamblers Assistance Fund:(a) The first five hundred thousand dollars shall be transferred tothe Compulsive Gamblers Assistance Fund to be used as provided in section 71-817;(b) Nineteen and three-fourths percent of the money remaining afterthe payment of prizes and operating expenses and the initial transfer to theCompulsive Gamblers Assistance Fund shall be transferred to the EducationInnovation Fund;(c) Twenty-four and three-fourths percent of the money remaining afterthe payment of prizes and operating expenses and the initial transfer to theCompulsive Gamblers Assistance Fund shall be transferred to the Nebraska Opportunity Grant Fund;(d) Forty-four and one-half percent of the money remaining after thepayment of prizes and operating expenses and the initial transfer to the CompulsiveGamblers Assistance Fund shall be transferred to the Nebraska EnvironmentalTrust Fund to be used as provided in the Nebraska Environmental Trust Act;(e) Ten percent of the money remaining after the payment of prizes andoperating expenses and the initial transfer to the Compulsive Gamblers AssistanceFund shall be transferred to the Nebraska State Fair Board if the most populouscity within the county in which the fair is located provides matching fundsequivalent to ten percent of the funds available for transfer. Such matchingfunds 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 remainingafter the payment of prizes and operating expenses and the initial transferto the Compulsive Gamblers Assistance Fund shall be transferred to the GeneralFund; and(f) One percent of the money remaining after the payment of prizes andoperating expenses and the initial transfer to the Compulsive Gamblers AssistanceFund shall be transferred to the Compulsive Gamblers Assistance Fund to beused as provided in section 71-817.(4)(a) The Education Innovation Fund is created. At least seventy-fivepercent of the lottery proceeds allocated to the Education Innovation Fundshall be available for disbursement.(b) For fiscal year 2005-06, the Education Innovation Fund shall beallocated as follows: The first one million dollars shall be transferred tothe School District Reorganization Fund, and the remaining amount shall beallocated to the General Fund after operating expenses for the Excellencein Education Council are deducted.(c) For fiscal year 2006-07, the Education Innovation Fund shall beallocated as follows: The first two hundred fifty thousand dollars shall betransferred to the Attracting Excellence to Teaching Program Cash Fund tofund the Attracting Excellence to Teaching Program Act, the next one milliondollars shall be transferred to the School District Reorganization Fund, andthe amount remaining in the Education Innovation Fund shall be allocated,after administrative expenses, for distance education equipment and incentivespursuant to sections 79-1336 and 79-1337.(d) For fiscal year 2007-08, the Education Innovation Fund shall beallocated as follows: The first five hundred thousand dollars shall be transferredto the Attracting Excellence to Teaching Program Cash Fund to fund the AttractingExcellence to Teaching Program Act, and the amount remaining in the EducationInnovation Fund shall be allocated, after administrative expenses, for distanceeducation equipment and incentives pursuant to sections 79-1336 and 79-1337.(e) For fiscal year 2008-09, the Education Innovation Fund shall beallocated as follows: The first seven hundred fifty thousand dollars shallbe transferred to the Attracting Excellence to Teaching Program Cash Fundto fund the Attracting Excellence to Teaching Program Act, and the amountremaining in the Education Innovation Fund shall be allocated, after administrativeexpenses, for distance education equipment and incentives pursuant to sections 79-1336 and 79-1337.(f) For fiscal year 2009-10, the Education Innovation Fund shall beallocated as follows: Any amounts transferred to the Education InnovationFund from the School District Reorganization Fund shall be returned to theSchool District Reorganization Fund first, the next one million dollars shallbe transferred to the Excellence in Teaching Cash Fund to fund the Excellencein Teaching Act, and the amount remaining in the Education Innovation Fundshall be allocated, after administrative expenses, for distance educationequipment and incentives pursuant to sections 79-1336 and 79-1337.(g) For fiscal years 2010-11 through 2015-16, the Education InnovationFund shall be allocated as follows: The first one million dollars shall betransferred to the Excellence in Teaching Cash Fund to fund the Excellencein Teaching Act, and the amount remaining in the Education Innovation Fundshall be allocated, after administrative expenses, for distance educationequipment and incentives pursuant to sections 79-1336 and 79-1337.(h) For fiscal year 2016-17 and each fiscal year thereafter, the EducationInnovation Fund shall be allocated, after administrative expenses, for educationpurposes as provided by the Legislature.(i) The State Treasurer shall transfer ten million dollars from theEducation Innovation Fund to the University Cash Fund on or before December31, 2009, as directed by the budget administrator of the budget division ofthe Department of Administrative Services.(5) Any money in the State Lottery Operation Trust Fund, the State LotteryOperation Cash Fund, the State Lottery Prize Trust Fund, or the EducationInnovation Fund available for investment shall be invested by the state investmentofficer pursuant to the Nebraska Capital Expansion Act and the Nebraska StateFunds Investment Act.(6) Unclaimed prize money on a winning lottery ticket shall be retainedfor a period of time prescribed by rules and regulations. If no claim is madewithin such period, the prize money shall be used at the discretion of theTax Commissioner for any of the purposes prescribed in this section. SourceLaws 1991, LB 849, § 12; Laws 1992, LB 1257, § 57; Laws 1993, LB 138, § 28; Laws 1993, LB 563, § 24; Laws 1994, LB 647, § 5; Laws 1994, LB 694, § 119; Laws 1994, LB 1066, § 11; Laws 1995, LB 275, § 1; Laws 1995, LB 860, § 1; Laws 1996, LB 900, § 1015; Laws 1996, LB 1069, § 1; Laws 1997, LB 118, § 1; Laws 1997, LB 347, § 1; Laws 1997, LB 710, § 1; Laws 1997, LB 865, § 1; Laws 1998, LB 924, § 16; Laws 1998, LB 1228, § 7; Laws 1998, LB 1229, § 1; Laws 1999, LB 386, § 1; Laws 2000, LB 659, § 2; Laws 2000, LB 1243, § 1; Laws 2001, LB 797, § 1; Laws 2001, LB 833, § 1; Laws 2001, Spec. Sess., LB 3, § 1; Laws 2002, LB 1105, § 418; Laws 2002, LB 1310, § 3; Laws 2002, Second Spec. Sess., LB 1, § 1; Laws 2003, LB 367, § 1; Laws 2003, LB 574, § 21; Laws 2004, LB 1083, § 83; Laws 2004, LB 1091, § 1; Laws 2006, LB 1208, § 1; Laws 2007, LB638, § 16; Laws 2009, LB286, § 4; Laws 2009, LB545, § 1; Laws 2009, LB547, § 1; Laws 2009, First Spec. Sess., LB2, § 1; Laws 2010, LB956, § 1.Operative Date: July 1, 2010 Cross ReferencesExcellence in Teaching Act, see section 79-8,132.Nebraska Capital Expansion Act, see section 72-1269.Nebraska Environmental Trust Act, see section 81-15,167.Nebraska State Funds Investment Act, see section 72-1260.