Nebraska lawmaker punts on push to send voters a shot at expanded sports gambling
State Sen. Brad von Gillern of Elkhorn, left, listens to State Sen. Eliot Bostar of Lincoln. Aug. 8, 2024. (Zach Wendling/Nebraska Examiner)
LINCOLN — Nebraska's voters won't decide on whether to legalize online sports gambling, at least not in 2026, after Lincoln Sen. Eliot Bostar decided Wednesday to end his campaign for Legislative Resolution 20CA this session.
The debate on the proposal was expected to go four hours because of an expected filibuster, but in an unusual move, Bostar pulled the proposal before lawmakers could vote on it.
Bostar told reporters he didn't feel like waiting until the four-hour time limit to whip votes to support his proposal. Bostar said he had 32 votes, but needed 33 to overcome a filibuster.
'I think it is responsible to move on with the agenda and move on to other things,' Bostar said. 'The votes changed back and forth throughout this entire process. It's a very dynamic and fluid situation.'
His proposal will be left on 'select file' for the next legislative session, allowing lawmakers to resume second-round debate on the measure next year. Despite having 32 votes, by Bostar's count, his proposal barely survived the first round.
State Sen. Brad von Gillern of the Elkhorn area, who chairs the Legislature's Revenue Committee, led the successful filibuster. He emphasized that his opposition is not a 'moral position against gambling as a whole,' but he feels it should be done in moderation.
'I can attest that many men in their 20s do not have the wisdom to abstain from things that are harmful to themselves,' von Gillern said.
Throughout the debate, lawmakers against the ballot initiative spoke to the potential social harms of gambling, including depression, anxiety and bankruptcy, particularly for young men. Supporters saw it as new revenue for the state and a way for the Legislature to be in the 'driver's seat' of what the regulation looks like.
Lawmakers used similar arguments that were made during the first round of debate. Bostar has estimated that the change would generate at least $32 million each year. Opponents questioned that reality and whether revenue was worth the negative effects of gambling.
Earlier last month, U.S. Sen. Pete Ricketts, State Auditor Mike Foley, and other past state and federal lawmakers urged state senators in a letter to reject Bostar's measure. Other groups, such as Stop Predatory Gambling and the Nebraska Family Alliance, have called Bostar's ballot initiative a 'direct threat' to families in the state.
State Sen. Brian Hardin of Gering echoed those concerns.
'We cannot build a stronger Nebraska by promoting habits that can hurt families and feed addiction,' Hardin said.
Gov. Jim Pillen is out of step with his predecessors in voicing support for legalizing online sports betting.
Currently, 32 states allow online sports betting since the 2018 Supreme Court ruling that cleared the way for states to legalize sports betting. Nebraska allows casino-style gambling at the state's six existing horse racetracks — so-called 'racinos.' Nebraskans approved the change in 2020.
Several gambling lobbyists spoke in support of the amendment during a recent public hearing, pointing to public polling that showed support for online sports gambling.
After failing to overcome a filibuster, the Cornhusker State remains one of the 18 states that haven't legalized sports betting, dealing a loss to the gambling industry that has spent hundreds of thousands of dollars in other states to convince lawmakers to legalize mobile sports betting. DraftKings and FanDuel have mobilized an army of former regulators and politicians to press for sports betting in state capitals.
State Sen. Stan Clouse of Kearney said he supported the proposal because it will let the state decide the terms instead of trying to change things after the fact, alluding to the state legislative attempts to change recently passed ballot initiatives on minimum wage and medical cannabis.
'If we don't take care of it,' Clouse said, 'Somebody else will.'
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