reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 6. Amusement Games › Part 1. General › 23-6-101. Definitions

23-6-101. Definitions.
Unless the context requires otherwise, the following definitions apply in this part:
(1) "Arcade" means a commercial establishment whose primary purpose is to make amusement games available for public play.
(2) "Concessionaire" means a person who owns one or more amusement games and who enters into an agreement with an operator, as defined in subsection (5)(a), to conduct games. A concessionaire may also be an operator.
(3) "Crane game" means an amusement game activated by the insertion of a coin or token by which the player uses one or more buttons, control sticks, or similar means of control or a combination of those means of control to position a mechanical or electromechanical claw or other retrieval device over a prize and attempts to retrieve it.
(4) "Nonprofit organization" means a nonprofit corporation or a nonprofit charitable, religious, scholastic, educational, veterans', fraternal, beneficial, civic, or service organization, established for a purpose other than conducting amusement games.
(5) "Operator" means a person who:
(a) enters into an agreement with a county fair commission, board of directors of a fair district, joint fair and civic center commission, business, or an association of businesses, such as a shopping center or downtown area, to provide amusement games; or
(b) makes an amusement game available for public play on premises owned by the operator or on premises owned by another person.
(6) "Prize" means:
(a) tangible personal property; or
(b) nontransferable tokens or tickets that may be accumulated and redeemed for tangible personal property.
History: En. Sec. 1, Ch. 523, L. 1991; amd. Sec. 1, Ch. 327, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 6. Amusement Games › Part 1. General › 23-6-102. Requirements for games

23-6-102. Requirements for games.
An operator, concessionaire, nonprofit organization, or arcade may provide amusement games to the public under the following conditions:
(1) The sale of a right to participate, the determination of winners, and the distribution of prizes all occur in the presence of all players.
(2) The appropriate permit to operate the game has been obtained as provided for in 23-6-103.
(3) The player pays cash for the right to play the game.
(4) Only a prize may be awarded, and a prize may not be repurchased from a player. Prizes, as defined in 23-6-101(6)(a), and tangible personal property that may be obtained through redemption of tokens or tickets must be displayed.
(5) (a) If tangible personal property, rather than tokens or tickets, is awarded following play of the amusement game, the wholesale value of the property may not exceed $50.
(b) If tokens or tickets are awarded following play of the amusement game:
(i) the value of the tokens or tickets for redemption purposes may not exceed 5 cents;
(ii) the maximum number of tokens or tickets awarded after a single play of the amusement game may not exceed the value of 10 times the total amount paid by all participants to play the amusement game; and
(iii) any tangible personal property for which tokens or tickets are redeemed may exceed a wholesale value of $50.
(6) The system for awarding prizes does not require forfeiture of a previously won prize unless the prize is traded for a prize of equal or greater value.
(7) Concealed numbers or conversion charts are not used in conducting the game.
(8) The game is not designed or adapted with a control device to permit manipulation of the game to control the ability of a player to win or to predetermine who the winner will be. A crane game may not contain a variable resistor or any turn screw, knob, potentiometer, or similar device that may be used to alter the closing strength of the game's claws or retrieval device.
(9) The object of the game is attainable and possible to perform, under the stated game rules, from the playing position of the player.
(10) The game is conducted in a fair and honest manner and does not constitute a fraud upon the players.
History: En. Sec. 2, Ch. 523, L. 1991; amd. Sec. 2, Ch. 327, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 6. Amusement Games › Part 1. General › 23-6-103. Permits

23-6-103. Permits.
(1) Before making an amusement game available for public play, an operator, concessionaire, nonprofit organization, or arcade shall obtain the appropriate permit, as provided in subsections (2) through (4), from the board of county commissioners of the county in which the game is to be made available for public play. The board of county commissioners may not charge a fee for issuing a permit under this section.
(2) The board of county commissioners may issue a permit to an operator, as defined in 23-6-101(5)(a), a concessionaire, or a nonprofit organization. Each permit entitles the permittee to operate amusement games in the county for a maximum of 14 consecutive days.
(3) The board of county commissioners may issue an operator, as defined in 23-6-101(5)(b), an annual permit for each amusement game to be operated in the county. A permit is effective January 1 through December 31. An operator, as defined in 23-6-101(5)(a), a concessionaire, a nonprofit organization, or an arcade that makes an amusement game available for public play need not obtain a permit under this subsection.
(4) The board of county commissioners may issue an annual permit to an arcade. A permit is effective January 1 through December 31.
History: En. Sec. 3, Ch. 523, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 6. Amusement Games › Part 1. General › 23-6-105. Authority to inspect

23-6-105. Authority to inspect.
At any time during normal business hours, local law enforcement officers and department of justice employees may inspect any amusement game made available for public play by an operator, concessionaire, nonprofit organization, or arcade for compliance with 23-6-102.
History: En. Sec. 5, Ch. 523, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 6. Amusement Games › Part 1. General › 23-6-106. Gambling and illegal gambling devices and enterprises prohibited

23-6-106. Gambling and illegal gambling devices and enterprises prohibited.
An operator, concessionaire, nonprofit organization, or arcade may not make available for play a gambling or illegal gambling device or enterprise governed under Title 23, chapter 5, parts 1 through 6.
History: En. Sec. 6, Ch. 523, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 6. Amusement Games › Part 1. General › 23-6-107. Violations

23-6-107. Violations.
A person who purposely or knowingly violates or procures, aids, or abets in a violation of 23-6-102 is punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a term not to exceed 6 months, or both.
History: En. Sec. 7, Ch. 523, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 1. General › 23-7-101. Short title

23-7-101. Short title.
This chapter may be cited as the "Montana State Lottery Act of 1985 and Sports Wagering Lottery Amendment of 2019".
History: En. Sec. 1, Ch. 669, L. 1985; Sec. 23-5-1001, MCA 1989; redes. 23-7-101 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 3, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 1. General › 23-7-102. Purpose

23-7-102. Purpose.
(1) The purpose of this chapter is to allow lottery games and sports wagering in which the player purchases from the state, through the administrators of the state lottery and sports wagering agency, a chance to win a prize. The state lottery and sports wagering agency may provide products sold only through an authorized device at a sales agent location licensed by the director.
(2) The administration and construction of this chapter must comply with Article III, section 9, of the Montana constitution, which mandates that all forms of gambling are prohibited unless authorized by acts of the legislature or by the people through initiative or referendum. Therefore, this chapter must be strictly construed to allow only those games that are within the scope of this section and within the definition of "lottery game" or "sports wagering".
(3) The state lottery may not:
(a) operate a slot machine or carry on any form of gambling prohibited by the laws of this state; or
(b) carry on any form of gambling permitted by the laws of this state except for a lottery game or sports wagering within the scope of this section and within the definition of "lottery game" or "sports wagering".
History: En. Sec. 2, Ch. 669, L. 1985; Sec. 23-5-1002, MCA 1989; redes. 23-7-102 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 11, Ch. 385, L. 2015; amd. Sec. 4, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 1. General › 23-7-104. Authorization of sports wagering

23-7-104. Authorization of sports wagering.
As it pertains to the state lottery, the operation of sports wagering and ancillary activities are lawful activities in the state of Montana when conducted in accordance with the provisions of this chapter and rules of the commission.
History: En. Sec. 1, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 1. General › 23-7-110. Penalties

23-7-110. Penalties.
It is a misdemeanor, punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, to knowingly or purposely:
(1) require an employee to sell lottery tickets, chances, or sports wagering in violation of 23-7-301(9);
(2) violate 23-7-301(11);
(3) sell a lottery ticket, chance, wager, or bet to a person under 18 years of age;
(4) violate subsection (3) or (4) of 23-7-302;
(5) serve as a commissioner, director, assistant director, employee, or licensed agent of the state lottery in violation of 23-7-306;
(6) violate 23-7-307;
(7) violate 23-7-310; or
(8) influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery or sports wagering equipment or materials.
History: En. Sec. 20, Ch. 669, L. 1985; Sec. 23-5-1036, MCA 1989; redes. 23-7-110 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 6, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 2. Administration › 23-7-201. State lottery and sports wagering commission -- allocation -- composition -- compensation -- quorum

23-7-201. State lottery and sports wagering commission -- allocation -- composition -- compensation -- quorum.
(1) There is a state lottery and sports wagering commission.
(2) The commission consists of five members, who shall reside in Montana, appointed by the governor.
(3) At least one commissioner must have 5 years of experience as a law enforcement officer. At least one commissioner must be an attorney admitted to the practice of law in Montana. At least one commissioner must be a certified public accountant licensed in Montana.
(4) After initial appointments, each commissioner must be appointed to a 4-year term of office, and the terms must be staggered.
(5) A commissioner may be removed by the governor for good cause. An office that for any reason becomes vacant must be filled within 30 days by the governor, and the commissioner filling the vacancy shall serve for the rest of the unexpired term.
(6) The commission shall elect one of its members as presiding officer.
(7) Three or more commissioners constitute a quorum to do business, and action may be taken by a majority of a quorum.
(8) Commissioners are entitled to compensation, to be paid out of the state lottery fund, as provided in 2-15-122 for each day in which they are engaged in the performance of their duties and are entitled to travel, meals, and lodging expenses, to be paid out of the state lottery fund, as provided for in Title 2, chapter 18, part 5.
(9) The commission is allocated to the department of administration for administrative purposes only as prescribed in 2-15-121.
History: En. Sec. 4, Ch. 669, L. 1985; Sec. 23-5-1006, MCA 1989; redes. 23-7-201 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 57, Ch. 483, L. 2001; amd. Sec. 7, Ch. 284, L. 2019; amd. Sec. 5, Ch. 603, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 2. Administration › 23-7-203. Repealed

23-7-203. Repealed.
Sec. 82, Ch. 545, L. 1995.
History: En. Sec. 2, Ch. 161, L. 1987; amd. Sec. 3, Ch. 408, L. 1989; amd. Sec. 30, Ch. 112, L. 1991; Sec. 23-5-1008, MCA 1989; redes. 23-7-203 by Sec. 57, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 2. Administration › 23-7-210. Director -- appointment -- qualifications

23-7-210. Director -- appointment -- qualifications.
(1) The director must be appointed by the governor and shall hold office at the pleasure of the governor.
(2) The director must be qualified by training and experience to direct the state lottery, including sports wagering. The director must be a full-time employee and may not own or be employed by a gaming supplier or sales agent.
History: En. Sec. 6, Ch. 669, L. 1985; Sec. 23-5-1011, MCA 1989; redes. 23-7-210 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 58, Ch. 483, L. 2001; amd. Sec. 9, Ch. 284, L. 2019; amd. Sec. 2, Ch. 335, L. 2021; amd. Sec. 1, Ch. 105, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 2. Administration › 23-7-211. Powers and duties of director

23-7-211. Powers and duties of director.
(1) The director shall:
(a) administer the operation of the state lottery in accordance with this chapter and the rules and other directives of the commission;
(b) appoint an assistant director for security and employ and direct personnel necessary to the operation of the state lottery;
(c) license lottery ticket, chance, and sports wagering sales agents and suspend or revoke licenses pursuant to this chapter and commission rules; and
(d) maintain, with the assistant director for security, the security of the state lottery.
(2) (a) With the concurrence of the commission or pursuant to commission rules, the director may enter into contracts for materials, equipment, and supplies to be used in the operation of the state lottery, for the design and installation of games, for consultant services, for promotion of the lottery, for the sale of tickets, chances, wagers, and bets, and for other services. The state shall provide for management, security, and internal audit control.
(b) When a contract is awarded, a performance bond satisfactory to and in an amount determined by the commission and executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the commission must be delivered to the commission. The requirements for this bond must be at least as stringent as those stated in 18-4-312(3).
History: En. Sec. 7, Ch. 669, L. 1985; Sec. 23-5-1012, MCA 1989; redes. 23-7-211 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 1, Ch. 24, L. 1993; amd. Sec. 1, Ch. 359, L. 1995; amd. Sec. 129, Ch. 42, L. 1997; amd. Sec. 10, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 2. Administration › 23-7-212. Assistant director for security -- qualifications -- duties

23-7-212. Assistant director for security -- qualifications -- duties.
(1) The director shall appoint an assistant director for security, who serves at the pleasure of the director.
(2) The assistant director for security must be qualified by training and experience, have at least 5 years of law enforcement experience, and be knowledgeable and experienced in computer security.
(3) The assistant director for security:
(a) must be responsible for a security division to ensure security, honesty, fairness, and integrity in the operation and administration of the state lottery, including but not limited to an examination of the background of all prospective employees, sales agents, lottery and sports wagering vendors, and contractors. The security division is designated a law enforcement agency for the purpose of administering this chapter.
(b) shall, in conjunction with the director, confer with the attorney general or the attorney general's designee to promote and ensure security, honesty, fairness, and integrity of the operation and administration of the state lottery and establish a memorandum of understanding that contemplates investigatory and regulatory collaboration and assistance between the department of justice and the state lottery as considered necessary by both parties; and
(c) shall, in conjunction with the director, report any alleged violation of law to the attorney general, the legislative auditor, and any other appropriate law enforcement authority for further investigation and action.
History: En. Sec. 8, Ch. 669, L. 1985; amd. Sec. 3, Ch. 161, L. 1987; Sec. 23-5-1013, MCA 1989; redes. 23-7-212 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 374, Ch. 56, L. 2009; amd. Sec. 11, Ch. 284, L. 2019; amd. Sec. 3, Ch. 335, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-302. Sales restrictions

23-7-302. Sales restrictions.
(1) The price of each lottery game ticket, chance, wager, or bet must be clearly stated on the ticket, chance, wager, or bet. The price of a lottery game chance vended by a machine or electronic device must be clearly stated on the machine or device.
(2) Tickets, chances, wagers, or bets may not be sold to or purchased by persons under 18 years of age.
(3) Tickets, chances, wagers, or bets may not be purchased on credit. Tickets, chances, wagers, or bets may be purchased only with cash, check, or debit card and may not be purchased on credit. The use of a debit card is limited to the daily withdrawal amount of the issuing debit card lending institution.
(4) Tickets, chances, wagers, or bets may not be sold to or purchased by commissioners, the director, the director's staff, gaming suppliers doing business with the state lottery, suppliers' officers and employees, employees of any firm auditing or investigating the state lottery, governmental employees auditing or investigating the state lottery, or members of their households.
(5) The names of elected officials may not appear on any ticket, chance, wager, or bet.
History: En. Sec. 10, Ch. 669, L. 1985; amd. Sec. 9, Ch. 161, L. 1987; amd. Sec. 5, Ch. 408, L. 1989; Sec. 23-5-1017, MCA 1989; redes. 23-7-302 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 18, Ch. 398, L. 1993; amd. Sec. 375, Ch. 56, L. 2009; amd. Sec. 13, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-305. Disclosure of odds

23-7-305. Disclosure of odds.
The director shall make adequate disclosure of the odds or payoffs with respect to each state lottery game or sports wager by stating how to find the odds or payoffs in advertisements and by posting how to find the odds or payoffs at each place in which tickets, chances, wagers, or bets are sold.
History: En. Sec. 11, Ch. 669, L. 1985; Sec. 23-5-1018, MCA 1989; redes. 23-7-305 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 14, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-306. Felony and gambling-related convictions -- ineligibility for lottery or sports wagering positions

23-7-306. Felony and gambling-related convictions -- ineligibility for lottery or sports wagering positions.
A person who has been convicted of a felony or a gambling-related offense under federal law or the law of any state may not be a commissioner, director, assistant director, employee of the state lottery, or licensed sales agent. To determine a person's suitability for the position of commissioner, director, assistant director, or employee of the state lottery, the person shall submit the person's fingerprints to the department of justice. The department shall examine the fingerprints, and if a disqualifying record is not found, the department shall forward the fingerprints to the federal bureau of investigation for a national criminal history check. This section applies to lottery tickets, chances, wagers, and bets.
History: En. Sec. 14, Ch. 669, L. 1985; amd. Sec. 6, Ch. 408, L. 1989; Sec. 23-5-1019, MCA 1989; redes. 23-7-306 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 1, Ch. 107, L. 2003; amd. Sec. 15, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-307. Conflict of interest

23-7-307. Conflict of interest.
A commissioner, director, assistant director, state lottery employee, licensed sales agent, or member of a listed person's household may not have a financial interest in any gaming supplier or any contract between the state lottery and a gaming supplier or accept any gift or thing of value from a gaming supplier.
History: En. Sec. 15, Ch. 669, L. 1985; amd. Sec. 7, Ch. 408, L. 1989; Sec. 23-5-1020, MCA 1989; redes. 23-7-307 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 376, Ch. 56, L. 2009; amd. Sec. 16, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-311. Drawings for and payment of prizes -- unclaimed prizes

23-7-311. Drawings for and payment of prizes -- unclaimed prizes.
(1) All drawings must be held in public. The selection of winning tickets, chances, wagers, or bets may not be performed by an employee of the state lottery or by a member of the commission. All drawings may be witnessed by a professional staff employee of the legislative auditor's office, and all state lottery drawing equipment used in public drawings to select winning prizes or participants for prizes must be examined by the director's staff prior to and after each public drawing.
(2) The commission may by rule provide for the payment of prizes by sales agents, whether or not the paying agent sold the winning ticket, chance, wager, or bet whenever the amount of the prize is less than an amount set by commission rule.
(3) (a) Except as provided in subsection (3)(b), lottery jackpot prizes over $100,000 may in the discretion of the commission be paid either in one lump sum or in equal yearly installments without interest over a period of not more than 20 years and in yearly installment payments of not less than $20,000.
(b) If the commission enters into an agreement under the provisions of 23-7-202(8) to participate in a lottery game for prizes of over $100,000 that requires payment periods of more than 20 years or yearly installment payments of less than $20,000 as a condition of participation, the commission may adopt the installment payment amounts and time periods necessary to comply with the conditions of the game.
(4) Prizes not claimed within 6 months are forfeited and must be paid into the state lottery fund. No interest is due on a prize when a claim is delayed but made within 6 months.
(5) The right to a prize is not assignable, but prizes may be paid to a deceased winner's estate or to a person designated by judicial order.
History: En. Sec. 16, Ch. 669, L. 1985; amd. Sec. 5, Ch. 161, L. 1987; Sec. 23-5-1022, MCA 1989; redes. 23-7-311 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 1, Ch. 25, L. 1993; amd. Sec. 1, Ch. 19, L. 1995; amd. Sec. 1, Ch. 40, L. 2011; amd. Sec. 18, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-312. Lien on lottery and sports wagering winnings for debt collected by IV-D agency -- notice to agency -- payment to agency -- procedure

23-7-312. Lien on lottery and sports wagering winnings for debt collected by IV-D agency -- notice to agency -- payment to agency -- procedure.
(1) For purposes of this section, "IV-D agency" means the state child support enforcement agency created pursuant to Title IV-D of the Social Security Act and providing services under Title 40, chapter 5.
(2) The IV-D agency shall periodically certify to the state lottery the names and social security numbers of persons owing a debt to or collected by the IV-D agency.
(3) Prior to the payment of lottery or sports wagering winnings in excess of the amount set by the commission, the state lottery shall check the name of the winner against the list of names and social security numbers of persons owing a debt to or collected by the IV-D agency.
(4) (a) If the winner is on the list of persons owing a debt to or collected by the IV-D agency, the state lottery shall make a good faith attempt to notify the IV-D agency and the agency then has a lien against the winnings in the amount of the debt owed to or collected by the IV-D agency. The state lottery has no liability to the IV-D agency or the individual on whose behalf the IV-D agency is collecting the debt if the state lottery fails to match a winner's name to a name on the list or is unable to notify the IV-D agency of a match. The IV-D agency shall provide the state lottery with written notice of a support lien promptly upon the state lottery's notification of a match.
(b) If the winnings are to be paid through the state treasurer, the winner is entitled to notice and opportunity for hearing under Title 17, chapter 4, part 1, prior to any offset of the debt against the winnings.
(c) If the winnings are to be paid directly by the state lottery, the amount of the debt owed to or collected by the IV-D agency must be held by the state lottery for a period of 30 days from the state lottery's confirmation of the amount of the debt to allow the IV-D agency to institute any necessary garnishment or withholding proceedings. If a garnishment or withholding proceeding is not initiated within the 30-day period, the state lottery shall release the payment to the winner.
(d) The IV-D agency, in its discretion, may release or partially release the support lien upon written notice to the state lottery.
(e) A support lien under this section is in addition to any other lien created by law.
History: En. Sec. 1, Ch. 429, L. 1993; amd. Sec. 26, Ch. 325, L. 1995; amd. Sec. 19, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-313. Confidentiality of players

23-7-313. Confidentiality of players.
The personal information about a player who participates in lottery games and sports gambling as provided in this chapter is confidential and may not be disclosed to the public unless the player authorizes, in writing, the release of the information. Nothing in this section prohibits:
(1) the state lottery from complying with 23-7-312; and
(2) disclosure of the information through an order issued by a court of competent jurisdiction on a finding that the disclosure of the personal information is necessary because the merits of public disclosure clearly exceed the demand for individual privacy.
History: En. Sec. 1, Ch. 116, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 3. Sales and Regulation › 23-7-314. Montana millions raffle or lottery game -- proceeds transferred to board of horseracing -- rulemaking

23-7-314. (Temporary) Montana millions raffle or lottery game -- proceeds transferred to board of horseracing -- rulemaking.
(1) The commission shall by rule determine a special raffle or lottery game to maximize the net revenue paid to the state special revenue account statutorily appropriated to the Montana board of horseracing account under 23-4-105.
(2) After paying for costs by the commission and prizes, the commission shall transfer 50% of net revenue from the special raffle or lottery game tickets to the special revenue account in 23-4-105 administered by board of horseracing and used to promote live horseracing in this state.
(3) The lottery shall cooperate with the board of horseracing and promote live horseracing, including but not limited to posting dates of live horseraces, as part of the marketing of the special raffle or lottery game.
(4) The special raffle or lottery game is subject to the provisions of this chapter. (Repealed effective June 30, 2024--sec. 2, Ch. 697, L. 2023, sec. 3, Ch. 697, L. 2023.)
History: En. Sec. 1, Ch. 567, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 4. Finances and Audits › 23-7-401. State lottery fund

23-7-401. State lottery fund.
There is a fund of the enterprise fund type, as defined in 17-2-102, to be known as the state lottery fund. The gross revenue from the state lottery, consisting of money from the sale of lottery tickets, chances, wagers, and bets, sales agent license fees, unclaimed prizes, or any other source, must be deposited in the fund, except that, at the discretion of the director, money for prizes paid immediately by a sales agent and money equaling the sales agent's commission may be drawn by a sales agent from the agent's gross revenue before depositing the gross revenue with the state lottery.
History: En. Sec. 12, Ch. 669, L. 1985; Sec. 23-5-1026, MCA 1989; redes. 23-7-401 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 377, Ch. 56, L. 2009; amd. Sec. 20, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 4. Finances and Audits › 23-7-402. Disposition of revenue

23-7-402. Disposition of revenue.
(1) A minimum of 45% of the money paid for tickets or chances must be paid out as prize money. The prize money is statutorily appropriated, as provided in 17-7-502, to the state lottery.
(2) Commissions paid to lottery ticket or chance sales agents are not a state lottery operating expense.
(3) That part of all gross revenue not used for the payment of prizes, commissions, and operating expenses, together with the interest earned on the gross revenue while the gross revenue is in the enterprise fund, is net revenue. Net revenue must be transferred quarterly from the enterprise fund established by 23-7-401 in the following order:
(a) the first $2.25 million of net revenue in each fiscal year must be transferred quarterly in equal payments of $562,500 to the Montana STEM scholarship program special revenue account established in 20-26-617; and
(b) net revenue in excess of $2.25 million in each fiscal year must be transferred to the state general fund.
(4) The spending authority of the state lottery may be increased in accordance with this section upon review and approval of a revised operation plan by the office of budget and program planning.
History: En. Sec. 13, Ch. 669, L. 1985; amd. Sec. 4, Ch. 161, L. 1987; amd. Secs. 5, 7, Ch. 635, L. 1987; amd. Sec. 1, Ch. 206, L. 1989; amd. Sec. 8, Ch. 408, L. 1989; amd. Sec. 5, Ch. 628, L. 1989; amd. Sec. 44, Ch. 11, Sp. L. June 1989; Sec. 23-5-1027, MCA 1989; redes. 23-7-402 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 16, Ch. 799, L. 1991; amd. Sec. 1, Ch. 461, L. 1993; amd. Sec. 46, Ch. 509, L. 1995; amd. Sec. 6, Ch. 494, L. 1997; amd. Sec. 1, Ch. 2, L. 2013; amd. Sec. 13, Ch. 385, L. 2015; amd. Sec. 21, Ch. 284, L. 2019; amd. Secs. 15, 16, Ch. 300, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 4. Finances and Audits › 23-7-410. Annual audit

23-7-410. Annual audit.
The legislative auditor shall conduct or have conducted an annual audit of the state lottery. The costs of the audit must be paid out of the state lottery fund. A copy of the audit report must be delivered to the commission, the director, the governor, the president of the senate, the speaker of the house of representatives, and the legislature in accordance with 5-11-210.
History: En. Sec. 18, Ch. 669, L. 1985; amd. Sec. 9, Ch. 408, L. 1989; Sec. 23-5-1028, MCA 1989; redes. 23-7-410 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 63, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 4. Finances and Audits › 23-7-411. Audit of state lottery security

23-7-411. Audit of state lottery security.
(1) After the first 9 months of sales to the public and every 2 years after that, the office of the legislative auditor shall conduct or have conducted a comprehensive audit of all aspects of security in the operation of the state lottery. The costs of the audit are a state lottery operating expense and must be paid out of the state lottery fund. The audit must include:
(a) personnel security;
(b) lottery sales agent security;
(c) lottery contractor security;
(d) security of manufacturing operations of state lottery contractors;
(e) security against ticket, chance, wager, or bet counterfeiting and alteration and other means of fraudulently winning;
(f) security of drawings among entries or finalists;
(g) computer security;
(h) data communications security;
(i) database security;
(j) systems security;
(k) lottery premises and warehouse security;
(l) security in distribution;
(m) security involving validation and payment procedures;
(n) security involving unclaimed prizes;
(o) security aspects applicable to each particular lottery game and sports wager;
(p) security of drawings in games whenever winners are determined by drawings;
(q) the completeness of security against locating winners in state lottery games with preprinted winners by persons involved in their production, storage, distribution, administration, or sales; and
(r) any other aspects of security applicable to any particular lottery game or sports wager and to the state lottery and its operations.
(2) The security audit report must be presented to the commission, the director, the governor, the president of the senate, and the speaker of the house of representatives.
History: En. Sec. 19, Ch. 669, L. 1985; Sec. 23-5-1029, MCA 1989; redes. 23-7-411 by Sec. 57, Ch. 647, L. 1991; amd. Sec. 22, Ch. 284, L. 2019.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 7. State Lottery › Part 4. Finances and Audits › 23-7-412. Certain audit findings confidential

23-7-412. Certain audit findings confidential.
Specific audit findings relating to security invasion techniques are confidential and may be reported only to the legislative audit committee, the director of the lottery, the commission, the attorney general, and the governor.
History: En. Sec. 8, Ch. 161, L. 1987; Sec. 23-5-1030, MCA 1989; redes. 23-7-412 by Sec. 57, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 1. Civil Actions -- Form and Commencement › 25-1-101. One form of civil action

25-1-101. One form of civil action.
There is in this state but one form of civil action for the enforcement or protection of private rights and the redress or prevention of private wrongs.
History: En. Sec. 1, p. 43, Bannack Stat.; amd. Sec. 1, p. 135, L. 1867; amd. Sec. 1, p. 28, Cod. Stat. 1871; re-en. Sec. 1, p. 40, L. 1877; re-en. Sec. 1, 1st Div. Rev. Stat. 1879; re-en. Sec. 1, 1st Div. Comp. Stat. 1887; amd. Sec. 460, C. Civ. Proc. 1895; re-en. Sec. 6425, Rev. C. 1907; re-en. Sec. 9008, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 307; re-en. Sec. 9008, R.C.M. 1935; R.C.M. 1947, 93-2301.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 1. Civil Actions -- Form and Commencement › 25-1-102. Limitations on commencing actions

25-1-102. Limitations on commencing actions.
(1) Civil actions can only be commenced within the periods prescribed in Title 27, chapter 2, after the cause of action shall have accrued, except where, in special cases, a different limitation is prescribed by statute.
(2) The word "action", as used in this section, is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.
History: (1)En. Sec. 1, p. 466, Bannack Stat.; re-en. Sec. 1, p. 515, Cod. Stat. 1871; re-en. Sec. 28, p. 45, L. 1877; re-en. Sec. 28, 1st Div. Rev. Stat. 1879; re-en. Sec. 28, 1st Div. Comp. Stat. 1887; re-en. Sec. 470, C. Civ. Proc. 1895; re-en. Sec. 6428, Rev. C. 1907; re-en. Sec. 9011, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 312; re-en. Sec. 9011, R.C.M. 1935; Sec. 93-2401, R.C.M. 1947; (2)En. Sec. 559, C. Civ. Proc. 1895; re-en. Sec. 6476, Rev. C. 1907; re-en. Sec. 9066, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 363; re-en. Sec. 9066, R.C.M. 1935; Sec. 93-2720, R.C.M. 1947; R.C.M. 1947, 93-2401, 93-2720; amd. Sec. 79, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 1. Civil Actions -- Form and Commencement › 25-1-103. When action considered pending

25-1-103. When action considered pending.
An action is deemed to be pending from the time of its commencement until its final determination upon appeal or until the time for appeal has passed, unless the judgment is sooner satisfied.
History: En. Sec. 1895, C. Civ. Proc. 1895; re-en. Sec. 7188, Rev. C. 1907; re-en. Sec. 9821, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1049; re-en. Sec. 9821, R.C.M. 1935; R.C.M. 1947, 93-8706.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 1. Civil Actions -- Form and Commencement › 25-1-104. Failure to prosecute -- dismissal on initiative of court

25-1-104. Failure to prosecute -- dismissal on initiative of court.
In a district court action in which it appears on the face of the record that activity by filing of pleadings, order of court, or otherwise has not occurred for a period of 2 years and no stay has been issued or approved by the court, the court or, if the court does not act, the clerk of court shall serve notice of lack of prosecution to each party at the party's last-known address. If a pleading, order, or other activity does not occur within the 60-day period following the service of the notice and if a stay is not issued or approved during the 60-day period, the court shall, on its own motion and without further notice or hearing, dismiss the action without prejudice.
History: En. Sec. 1, Ch. 17, L. 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 1. Civil Actions -- Form and Commencement › 25-1-111. Repealed

25-1-111. Repealed.
Sec. 195, Ch. 575, L. 1981.
History: En. Sec. 1931, C. Civ. Proc. 1895; re-en. Sec. 7201, Rev. C. 1907; re-en. Sec. 9835, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1064; re-en. Sec. 9835, R.C.M. 1935; R.C.M. 1947, 93-8802.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 2. Fees › 25-1-202. Additional filing fees

25-1-202. Additional filing fees.
(1) In addition to other filing fees, the following fees must be paid to the clerk of the district court at the time of filing a civil action in the district court:
(a) a fee of $20; and
(b) if the action is brought pursuant to 40-6-701, in addition to the fee required under subsection (1)(a), a fee of $6.
(2) The fees must be forwarded by the clerk to the department of revenue for deposit in the state general fund. The prevailing party may have the amount paid by the prevailing party taxed in the bill of costs as proper disbursements.
History: En. Sec. 1979, 5th Div. Comp. Stat. 1887; re-en. Sec. 374, C. Civ. Proc. 1895; re-en. Sec. 6377, Rev. C. 1907; re-en. Sec. 8932, R.C.M. 1921; re-en. Sec. 8932, R.C.M. 1935; amd. Sec. 5, Ch. 22, L. 1961; R.C.M. 1947, 93-1905; amd. Sec. 3, Ch. 640, L. 1989; amd. Sec. 2, Ch. 384, L. 1997; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 27, Ch. 585, L. 2001; amd. Sec. 2, Ch. 502, L. 2021; amd. Sec. 5, Ch. 693, L. 2023.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 3. Time › 25-1-301. Extension of time

25-1-301. Extension of time.
Subject to Rule 6(b), M.R.Civ.P., whenever this code requires or allows an act to be done at or within a specified time, which act relates to the pleadings in the action, the undertakings to be filed, the justification of sureties, the preparation of statements or of amendments thereto, or the service of notices other than of appeal, the time allowed by this code may be extended, upon good cause shown, by the court in which the action is pending or a judge thereof; but such extension shall not exceed 90 days without the consent of the adverse party.
History: En. Sec. 1897, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 27, L. 1903; re-en. Sec. 7190, Rev. C. 1907; re-en. Sec. 9823, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1054; re-en. Sec. 9823, R.C.M. 1935; R.C.M. 1947, 93-8708; amd. Sec. 82, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 4. Undertakings for Security › 25-1-401. Deposit of money in lieu of undertaking

25-1-401. Deposit of money in lieu of undertaking.
In all cases in which an undertaking or bond with sureties is required by the provisions of this code, the plaintiff or defendant may deposit with the clerk of the court, justice of the peace, or city judge, as appropriate, a sum of money equal to the amount required by the undertaking or bond, which must be taken as security in the place of the undertaking or bond. At any time, the deposit may be withdrawn by the party making it upon giving the undertaking with sufficient sureties as required by law, approved by the clerk, justice, or judge, upon notice to the adverse party or the adverse party's attorney, who may object to the sufficiency of the sureties in the same manner as though the undertaking were filed in the first instance.
History: En. Sec. 1904, C. Civ. Proc. 1895; re-en. Sec. 7198, Rev. C. 1907; re-en. Sec. 9831, R.C.M. 1921; re-en. Sec. 9831, R.C.M. 1935; R.C.M. 1947, 93-8716; amd. Sec. 378, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 4. Undertakings for Security › 25-1-402. Governmental entities not required to give security

25-1-402. Governmental entities not required to give security.
In any civil action or proceeding in which the state, a county, or a municipal corporation or any officer in the officer's official capacity on behalf of the state or a county, city, or town is a party plaintiff or defendant, a bond, undertaking, or security may not be required of the state, county, municipal corporation, or town or any officer of those entities; however, on complying with the other provisions of this code, the state, county, municipal corporation, or town or any officer acting in the officer's official capacity has the same rights, remedies, and benefits as if the bond, undertaking, or security were given and approved as required by this code. The board of trustees of any school district is entitled to the benefit of this section.
History: En. Sec. 1902, C. Civ. Proc. 1895; re-en. Sec. 7196, Rev. C. 1907; re-en. Sec. 9829, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1058; re-en. Sec. 9829, R.C.M. 1935; R.C.M. 1947, 93-8714; amd. Sec. 379, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 5. Notice to Attorney General › 25-1-501. Notice to be given to attorney general when state department or board initiates or intervenes in an action

25-1-501. Notice to be given to attorney general when state department or board initiates or intervenes in an action.
When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.
History: En. Sec. 1, Ch. 91, L. 1979.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 5. Notice to Attorney General › 25-1-502. Notice of appeal to be served on attorney general when state is party to judicial review

25-1-502. Notice of appeal to be served on attorney general when state is party to judicial review.
(1) If the state or a department, officer, or board of the state appeals from a judgment or order entered in any court or files a petition for a writ seeking review of a matter in any appellate court, the attorney representing the state, department, officer, or board shall notify the attorney general within a reasonable time in advance of the filing of the notice or petition. The attorney shall serve a copy of the notice of appeal or of the petition on the attorney general and provide the attorney general on request a copy of the order, judgment, or opinion for which review is sought.
(2) If a notice of appeal or petition for a writ seeking review in any appellate court is served upon the state or a department, officer, or board of the state, the party serving the notice or petition shall serve a copy on the attorney general as well as on any other counsel required by law to be served.
History: En. Sec. 2, Ch. 91, L. 1979; amd. Sec. 1, Ch. 535, L. 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 11. Registration of Process Servers -- Levying Officers › 25-1-1101. Registered process server -- levying officer -- use of title reserved

25-1-1101. Registered process server -- levying officer -- use of title reserved.
(1) Except as provided in subsection (2), a person who makes more than 10 services of process, as defined in 25-3-101, within this state during 1 calendar year must be registered under Title 37, chapter 60. A process server who holds a valid certificate of registration from a clerk of court in this state as of July 1, 2007, shall present the registration certificate to the board of private security, and the board shall exchange that registration certificate for a new certificate that expires on March 31, 2009.
(2) This part does not apply to:
(a) a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of employment; or
(b) a licensed attorney.
(3) A registered process server may act as a levying officer under Title 25, chapter 13.
(4) A registered process server may make service of process in any county in this state.
(5) A person may not use the title of process server unless the person is registered as a process server under Title 37, chapter 60.
History: En. Sec. 1, Ch. 548, L. 1987; amd. Sec. 2, Ch. 392, L. 2005; amd. Sec. 2, Ch. 405, L. 2007.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 11. Registration of Process Servers -- Levying Officers › 25-1-1102. Contents of registration certificate

25-1-1102. Contents of registration certificate.
The certificate of registration of a process server must contain the following statements:
(1) the name, age, address, and telephone number of the registrant;
(2) that the registrant has not been convicted of a felony;
(3) that the registrant has been a resident of this state for a period of 1 year immediately preceding the filing of the certificate; and
(4) that the registrant will perform the duties as a process server in compliance with the provisions of law governing the service of process in this state.
History: En. Sec. 2, Ch. 548, L. 1987; amd. Sec. 380, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 1. General Provisions › Part 11. Registration of Process Servers -- Levying Officers › 25-1-1103. Repealed

25-1-1103. Repealed.
Sec. 20, Ch. 405, L. 2007.
History: En. Sec. 3, Ch. 548, L. 1987; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 28, Ch. 585, L. 2001.