Neb. Rev. Stat. » Chapter 2
Nebraska Revised Statutes

Neb. Rev. Stat. § 2-1201 (2026)

State Racing and Gaming Commission; creation; members; appointment; removal, grounds; terms; qualifications; compensation; expenses; bond or insurance; personal financial interest prohibited

✓ current as of July 2026
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(1) There hereby is created a State Racing and Gaming Commission. For purposes of sections 2-1201 to 2-1229, commission means the State Racing and Gaming Commission.

(2) The commission shall consist of seven members who shall be appointed by the Governor and subject to confirmation by a majority of the members elected to the Legislature and may, after an opportunity to be heard, be removed for cause by the Governor. A violation by a member of the commission of section 2-1219 or any malfeasance, misfeasance, or neglect in office shall be considered cause for removal. No person shall be appointed to the commission, or continue to hold that office after appointment, while holding any other office or position under the laws of this state, any other state, or the United States. One member of the commission shall be appointed from each congressional district, as such districts existed on January 1, 2010, and four members of the commission shall be appointed at large for terms as follows:

(a) The member representing the second congressional district who is appointed on or after April 1, 2010, shall serve until March 31, 2014, and until his or her successor is appointed and qualified. Thereafter the term of the member representing such district shall be four years and until his or her successor is appointed and qualified;

(b) The member representing the third congressional district who is appointed on or after April 1, 2011, shall serve until March 31, 2015, and until his or her successor is appointed and qualified. Thereafter the term of the member representing such district shall be four years and until his or her successor is appointed and qualified;

(c) The member representing the first congressional district who is appointed on or after April 1, 2012, shall serve until March 31, 2016, and until his or her successor is appointed and qualified. Thereafter the term of the member representing such district shall be four years and until his or her successor is appointed and qualified;

(d) Not later than sixty days after July 15, 2010, the Governor shall appoint one at-large member who shall serve until March 31, 2013, and until his or her successor is appointed and qualified. Thereafter the term of such member shall be four years and until his or her successor is appointed and qualified;

(e) Not later than sixty days after July 15, 2010, the Governor shall appoint one at-large member who shall serve until March 31, 2014, and until his or her successor is appointed and qualified. Thereafter the term of such member shall be four years and until his or her successor is appointed and qualified; and

(f) Not later than sixty days after May 26, 2021, the Governor shall appoint two additional at-large members who shall serve until March 31, 2025, and until their successors are appointed and qualified. One of such members shall have experience in the Nebraska gaming industry, and one shall have experience in the Nebraska horseracing industry. Thereafter the terms of such at-large members shall be four years and until their successors are appointed and qualified.

(3) Not more than four members of the commission shall belong to the same political party. No more than three of the members shall reside, when appointed, in the same congressional district. No more than two of the members shall reside in any one county. Any vacancy shall be filled by appointment by the Governor for the unexpired term. The compensation of the members of the commission shall be one thousand dollars per month, which may be adjusted every two years in an amount not to exceed the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the period between June 30 of the first year to June 30 of the year of adjustment. The members shall be reimbursed for expenses incurred in the performance of their duties as provided in sections 81-1174 to 81-1177. The members of the commission shall be bonded or insured as required by section 11-201.

(4) No member shall have any personal financial interest in any licensed racetrack enclosure or authorized gaming operator as defined in the Nebraska Racetrack Gaming Act for the duration of the member's term.

Notes of Decisions
Cited in 4 cases, 1986–2005 · leading case: City of Ralston v. Balka, 530 N.W.2d 594 (Neb. 1995).
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City of Ralston v. Balka, 530 N.W.2d 594 (Neb. 1995). · cites it 4× “Indeed, in § 2-1204, the Legislature stated: The State Board of Agriculture, or any county society for the improvement of agriculture organized under section 2-201 or [section] 2-221, or any corporation or association of persons organized and carried on for civic purposes, or…”
B. T. Energy Corp. v. Marcus, 382 N.W.2d 616 (Neb. 1986). · cites it 2× “The Commission was created by Neb. Rev. Stat. § 2-1201 (Reissue 1983), and is an administrative agency as defined in Neb.”
Brunk v. Nebraska State Racing Comm'n, 700 N.W.2d 594 (Neb. 2005). “Pursuant to this statutory authority, the Commission has promulgated the following rule: The Commission may refuse to issue or renew a license, or may suspend or revoke a license issued pursuant to the rule, if it shall find that the applicant, or any person who is a partner,…”
VanHorn v. Nebraska State Racing Comm'n, 304 F. Supp. 2d 1151 (D. Neb. 2004). · cites it 2× “§§ 84-913 to 84-919; Title 294, Nebraska Administrative Code (“294 NAC”), Chapter 7. Among other things, the commission is required to prepare an official record of the testimony and exhibits presented at the hearing, 294 NAC at § 7.”
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