reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 8. Off-Highway Vehicles › 23-2-824. Operation on public roads, streets, and highways

23-2-824. Operation on public roads, streets, and highways.
(1) A person may operate an off-highway vehicle on a controlled-access highway or facility only if the vehicle is registered and licensed under 61-3-301 and the operator possesses a license to drive the vehicle issued under Title 61, chapter 5.
(2) Off-highway vehicle operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality only if:
(a) the operator has received permission or is otherwise authorized for that travel by the municipality in the case of town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways; or
(b) operation is authorized on municipal streets by municipal ordinance.
(3) (a) Except as provided in subsection (3)(b), an off-highway vehicle may not be operated as allowed under subsection (2) unless it is equipped with at least one headlamp and one taillamp, which must be lighted at all times during operation, and unless it is equipped with a suitable braking device operable by either hand or foot.
(b) A motorcycle or quadricycle that is not subject to the provisions of Title 61, chapter 9, is exempt from the requirements in subsection (3)(a).
(4) (a) Except as provided in subsection (4)(b), a person who operates an off-highway vehicle when allowed under subsection (2) must have in the person's possession a license to drive a motor vehicle issued under Title 61, chapter 5.
(b) An operator is exempt from the requirement to possess a license when operating an off-highway vehicle as allowed under subsection (2) if the person:
(i) is under 16 years of age but at least 12 years of age;
(ii) at the time of operation of the off-highway vehicle, has in the person's possession a certificate showing the successful completion of an off-highway vehicle safety education course approved by the department of fish, wildlife, and parks and is in the physical presence of a person who possesses a license to drive a motor vehicle; and
(iii) is operating a motorcycle or quadricycle that is not subject to the provisions of Title 61, chapter 9.
(5) A person under 12 years of age may operate a motorcycle or quadricycle on unpaved roads or highways if the person is accompanied by an adult and the motorcycle or quadricycle is operated in a reasonable and prudent manner. The provisions of 61-9-417 apply to the operation of a motorcycle or quadricycle under this subsection.
History: En. Sec. 1, Ch. 106, L. 2011; amd. Sec. 1, Ch. 434, L. 2017.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 8. Off-Highway Vehicles › 23-2-825. Off-highway vehicle grant program

23-2-825. Off-highway vehicle grant program.
(1) Money deposited in the off-highway vehicle account pursuant to 60-3-201 must be used by the department of fish, wildlife, and parks to administer an off-highway vehicle grant program to develop and maintain facilities open to the general public, to repair areas that are impacted or damaged by off-highway vehicles, and to promote off-highway vehicle safety.
(2) Ten percent of the money deposited in the account must be granted for the promotion of off-highway vehicle safety.
(3) Ten percent of the money deposited in the account may be used to repair areas that are impacted or damaged by off-highway vehicles.
(4) The department may require an applicant to provide a 10% match in cash or donated services to be eligible to receive a grant.
(5) After awarding a grant pursuant to this section, the department shall, on request of the grantee, make an initial distribution of 50% of the funding to the entity receiving the award, a distribution of 40% on receipt by the department of expense receipts, and a distribution of the final 10% of the funding on receipt by the department of proof of completion of the project for which the money is awarded.
(6) Entities may use grant funds to acquire various hand tools and chain saws needed to accomplish trail maintenance. The grantee shall provide to the department on request an itemized list and receipts for all purchases of hand tools and chain saws made using grant funds.
(7) Entities receiving a grant may use up to 7% of the funds for administrative costs.
History: En. Sec. 1, Ch. 177, L. 2019; amd. Sec. 1, Ch. 254, L. 2023.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-902. Definitions

23-2-902. Definitions.
As used in this part, the following definitions apply:
(1) "Cave" means any geologically formed void or cavity beneath the surface of the earth or within a cliff or ledge, including but not limited to natural subsurface water and drainage systems, whether or not a natural entrance is present. The term does not include a mine, tunnel, aqueduct, or human-made excavation but does include any natural structure that is commonly known as a cavern, sinkhole, pit, grotto, or rock shelter and that communicates with a subterranean passage or drainage system.
(2) "Cave life" means any life form that occurs in, uses, visits, or inhabits a cave.
(3) "Gate" means a structure or device located to limit or prohibit access or entry to a cave.
(4) "Material" means all or part of any archaeological, cultural, paleontological, biological, or historical item or artifact found in a cave, including but not limited to any petroglyph, pictograph, pottery, basketwork, fossil, human remains, or animal remains.
(5) "Owner" means any person or public or private agency that has the right to possession of a cave.
(6) "Person" means an individual, partnership, firm, association, trust, corporation, or other legal entity.
(7) "Speleogen" means the surrounding natural earth or bedrock in which a cave is formed, including but not limited to clastic sediments, walls, floors, ceiling, and other related structural and geological features.
(8) "Speleothem" means a natural mineral formation or deposit occurring in a cave, including but not limited to formations known as stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn, rimstone dam, column, palette, and flowstone. A speleothem is commonly composed of calcite, gypsum, epsomite, aragonite, celestite, or other similar mineral.
History: En. Sec. 2, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-903. Vandalism of cave unlawful

23-2-903. Vandalism of cave unlawful.
(1) Except as provided in subsection (2), a person may not purposely or knowingly:
(a) carve, write, mark upon, break, crack, burn, or remove or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or material found in a cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits;
(b) break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to a cave;
(c) remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this part; or
(d) disturb or alter in any way the natural condition of a cave.
(2) The provisions of subsection (1) do not apply to a cave owner or the owner's authorized agent, officer, employee, or designated representative who undertakes work to improve or control physical access to the cave.
History: En. Sec. 3, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-904. Disturbance of cave life unlawful

23-2-904. Disturbance of cave life unlawful.
A person may not purposely or knowingly remove, kill, harm, or otherwise interfere with cave life, except for health or safety reasons or when the act is a minimal disturbance or for removal of organisms for recognized scientific inquiry. Gates at the entrance or at any point within a cave must be of open construction to allow unimpeded passage of air, insects, bats, and other cave life.
History: En. Sec. 4, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-905. Pollution of and burning harmful substances in cave unlawful

23-2-905. Pollution of and burning harmful substances in cave unlawful.
(1) A person may not purposely or knowingly store, dump, litter, dispose of, or otherwise place in a cave any refuse, garbage, dead animal, sewage, or toxic substance harmful to cave life or human life.
(2) A person may not burn in a cave any substance that produces smoke or gas that is or may be harmful to cave life. The use of a carbide lamp that produces acetylene gas is permitted.
History: En. Sec. 5, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-906. Sale of speleothems and speleogens unlawful

23-2-906. Sale of speleothems and speleogens unlawful.
A person may not sell, offer for sale, or export for sale any speleothem or speleogen.
History: En. Sec. 6, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-907. Conditions of owner liability

23-2-907. Conditions of owner liability.
The liability of the owner of a cave or the owner's authorized agent, officer, employee, or designated representative acting within the scope of authority is restricted pursuant to 70-16-302.
History: En. Sec. 7, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 2. Recreation › Part 9. Cave Conservation Act › 23-2-908. Penalty

23-2-908. Penalty.
A person convicted of violating any provision of this part is subject to a fine of not less than $500 or more than $2,000, imprisonment in the county jail for not more than 60 days, or both.
History: En. Sec. 9, Ch. 264, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 1. State Board of Athletics (Repealed) › 23-3-101. Repealed

23-3-101. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. 82-301.1 by Sec. 346, Ch. 350, L. 1974; R.C.M. 1947, 82-301.1.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 1. State Board of Athletics (Repealed) › 23-3-102. Repealed

23-3-102. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4551, R.C.M. 1921; amd. Sec. 1, Ch. 103, L. 1927; re-en. Sec. 4551, R.C.M. 1935; amd. Sec. 345, Ch. 350, L. 1974; amd. Sec. 19, Ch. 453, L. 1977; R.C.M. 1947, 82-301; amd. Sec. 5, Ch. 474, L. 1981.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 1. State Board of Athletics (Repealed) › 23-3-103. Repealed

23-3-103. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4552, R.C.M. 1921; amd. Sec. 2, Ch. 103, L. 1927; re-en. Sec. 4552, R.C.M. 1935; amd. Sec. 36, Ch. 93, L. 1969; amd. Sec. 347, Ch. 350, L. 1974; R.C.M. 1947, 82-302.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-201. Repealed

23-3-201. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4554, R.C.M. 1921; amd. Sec. 3, Ch. 103, L. 1927; re-en. Sec. 4554, R.C.M. 1935; amd. Sec. 1, Ch. 171, L. 1953; amd. Sec. 348, Ch. 350, L. 1974; amd. Sec. 1, Ch. 5, L. 1977; R.C.M. 1947, 82-303.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-202. Repealed

23-3-202. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4555, R.C.M. 1921; amd. Sec. 4, Ch. 103, L. 1927; re-en. Sec. 4555, R.C.M. 1935; R.C.M. 1947, 82-304.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-203. Repealed

23-3-203. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4556, R.C.M. 1921; amd. Sec. 5, Ch. 103, L. 1927; re-en. Sec. 4556, R.C.M. 1935; amd. Sec. 1, Ch. 185, L. 1947; amd. Sec. 349, Ch. 350, L. 1974; R.C.M. 1947, 82-305.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-204. Repealed

23-3-204. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4557, R.C.M. 1921; amd. Sec. 6, Ch. 103, L. 1927; re-en. Sec. 4557, R.C.M. 1935; amd. Sec. 350, Ch. 350, L. 1974; R.C.M. 1947, 82-306.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-205. Repealed

23-3-205. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4558, R.C.M. 1921; amd. Sec. 7, Ch. 103, L. 1927; re-en. Sec. 4558, R.C.M. 1935; R.C.M. 1947, 82-307.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-206. Repealed

23-3-206. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4559, R.C.M. 1921; amd. Sec. 8, Ch. 103, L. 1927; re-en. Sec. 4559, R.C.M. 1935; amd. Sec. 2, Ch. 171, L. 1953; amd. Sec. 162, Ch. 147, L. 1963; amd. Sec. 30, Ch. 271, L. 1963; amd. Sec. 351, Ch. 350, L. 1974; amd. Sec. 1, Ch. 217, L. 1975; R.C.M. 1947, 82-308.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-207. Repealed

23-3-207. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4560, R.C.M. 1921; amd. Sec. 9, Ch. 103, L. 1927; re-en. Sec. 4560, R.C.M. 1935; amd. Sec. 3, Ch. 171, L. 1953; amd. Sec. 352, Ch. 350, L. 1974; amd. Sec. 2, Ch. 217, L. 1975; R.C.M. 1947, 82-309.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-208. Repealed

23-3-208. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4561, R.C.M. 1921; amd. Sec. 10, Ch. 103, L. 1927; re-en. Sec. 4561, R.C.M. 1935; amd. Sec. 353, Ch. 350, L. 1974; R.C.M. 1947, 82-310.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 2. Boxing, Sparring, and Wrestling Matches (Repealed) › 23-3-209. Repealed

23-3-209. Repealed.
Sec. 1, Ch. 322, L. 1981.
History: En. as Ch. 190, L. 1919; app. by people on ref. Nov. 2, 1920, effective under governor's proclamation Dec. 6, 1920; re-en. Sec. 4562, R.C.M. 1921; amd. Sec. 11, Ch. 103, L. 1927; re-en. Sec. 4562, R.C.M. 1935; R.C.M. 1947, 82-311.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 3. General (Repealed) › 23-3-301. Repealed

23-3-301. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 2, Ch. 506, L. 1983; amd. Sec. 55, Ch. 483, L. 2001; amd. Sec. 8, Ch. 11, L. 2007; amd. Sec. 1, Ch. 378, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 4. Professional Boxing Events (Repealed) › 23-3-401. Repealed

23-3-401. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 3, Ch. 506, L. 1983; amd. Sec. 2, Ch. 11, L. 1993; amd. Sec. 5, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 4. Professional Boxing Events (Repealed) › 23-3-402. Repealed

23-3-402. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 4, Ch. 506, L. 1983; amd. Sec. 9, Ch. 11, L. 2007; amd. Sec. 2, Ch. 378, L. 2009; amd. Sec. 1, Ch. 437, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 4. Professional Boxing Events (Repealed) › 23-3-403. Repealed

23-3-403. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 5, Ch. 506, L. 1983; amd. Sec. 1, Ch. 97, L. 1985.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 4. Professional Boxing Events (Repealed) › 23-3-404. Repealed

23-3-404. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 6, Ch. 506, L. 1983; amd. Sec. 2, Ch. 97, L. 1985; amd. Sec. 10, Ch. 11, L. 2007; amd. Sec. 3, Ch. 378, L. 2009; amd. Sec. 2, Ch. 437, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 4. Professional Boxing Events (Repealed) › 23-3-405. Repealed

23-3-405. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 7, Ch. 506, L. 1983; amd. Sec. 3, Ch. 97, L. 1985; amd. Sec. 1, Ch. 375, L. 2003; amd. Sec. 1, Ch. 375, L. 2003; amd. Sec. 1, Ch. 202, L. 2005; amd. Sec. 33, Ch. 519, L. 2005; amd. Sec. 11, Ch. 11, L. 2007; amd. Sec. 4, Ch. 378, L. 2009; amd. Sec. 3, Ch. 437, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 5. Licenses (Repealed) › 23-3-501. Repealed

23-3-501. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 8, Ch. 506, L. 1983; amd. Sec. 2, Ch. 492, L. 1997; amd. Sec. 2, Ch. 375, L. 2003; amd. Sec. 1, Ch. 467, L. 2005; amd. Sec. 12, Ch. 11, L. 2007; amd. Sec. 10, Ch. 109, L. 2009; amd. Sec. 5, Ch. 378, L. 2009; amd. Sec. 4, Ch. 437, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 5. Licenses (Repealed) › 23-3-502. Repealed

23-3-502. Repealed.
Sec. 6, Ch. 437, L. 2015.
History: En. Sec. 9, Ch. 506, L. 1983; amd. Sec. 13, Ch. 11, L. 2007; amd. Sec. 6, Ch. 378, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 5. Licenses (Repealed) › 23-3-503. Repealed

23-3-503. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 5, Ch. 437, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 6. Reporting Requirements -- Penalties (Repealed) › 23-3-601. Repealed

23-3-601. Repealed.
Sec. 6, Ch. 437, L. 2015.
History: En. Sec. 10, Ch. 506, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 14, Ch. 11, L. 2007; amd. Sec. 7, Ch. 378, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 6. Reporting Requirements -- Penalties (Repealed) › 23-3-602. Repealed

23-3-602. Repealed.
Sec. 6, Ch. 437, L. 2015.
History: En. Sec. 11, Ch. 506, L. 1983; amd. Sec. 15, Ch. 11, L. 2007; amd. Sec. 8, Ch. 378, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 6. Reporting Requirements -- Penalties (Repealed) › 23-3-603. Repealed

23-3-603. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 12, Ch. 506, L. 1983; amd. Sec. 16, Ch. 11, L. 2007; amd. Sec. 9, Ch. 378, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 3. Athletics -- Boxing (Repealed) › Part 6. Reporting Requirements -- Penalties (Repealed) › 23-3-611. Repealed

23-3-611. Repealed.
Sec. 7, Ch. 51, L. 2019.
History: En. Sec. 13, Ch. 506, L. 1983.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 1. Administration › 23-4-102. Presiding officer -- quorum -- costs -- salary

23-4-102. Presiding officer -- quorum -- costs -- salary.
(1) The board shall organize by electing one of its members as presiding officer. Four members of the board constitute a quorum for the transaction of business by the board.
(2) The board may incur costs, charges, and expenses reasonably necessary to carry out this chapter.
(3) Each member may be paid $50 for each day in which the member is actually and necessarily engaged in the performance of board duties and must be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503, incurred in the member's official service.
History: En. Sec. 3, Ch. 196, L. 1965; amd. Sec. 1, Ch. 213, L. 1973; amd. Sec. 2, Ch. 457, L. 1973; amd. Sec. 14, Ch. 350, L. 1974; amd. Sec. 9, Ch. 453, L. 1977; R.C.M. 1947, 62-503; amd. Sec. 1, Ch. 214, L. 1989; amd. Sec. 2, Ch. 18, L. 1997.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 1. Administration › 23-4-103. Department's report -- public record

23-4-103. Department's report -- public record.
(1) The department shall keep detailed records of board meetings, of the business transacted at the meetings, and licenses applied for and issued.
(2) Records of the board kept by the department are public records subject to public inspection.
History: En. Sec. 4, Ch. 196, L. 1965; amd. Sec. 17, Ch. 93, L. 1969; amd. Sec. 15, Ch. 350, L. 1974; R.C.M. 1947, 62-504.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 1. Administration › 23-4-104. Duties of board

23-4-104. Duties of board.
The board shall adopt rules to govern race meets and the parimutuel system. These rules shall include the following:
(1) definitions;
(2) auditing;
(3) supervision of the parimutuel system;
(4) corrupt practices;
(5) supervision, duties, and responsibilities of the executive secretary, presiding steward, racing secretary, and other racing officials;
(6) licensing of all personnel who have anything to do with the substantive operation of racing;
(7) the establishment of dates for race meets and meetings in the best interests of breeding and racing in this state;
(8) the veterinary practices and standards that must be observed in connection with race meets;
(9) absolute responsibility of trainers for the condition of horses and mules, regardless of the acts of third parties;
(10) licensing or renewal of a license of a person whose license has been suspended by the board or another horseracing jurisdiction;
(11) setting license fees commensurate with the cost of issuing a license;
(12) the time, conduct, and supervision of simulcast races and fantasy sports leagues and parimutuel betting on simulcast races and fantasy sports leagues;
(13) licensing, approval, and regulation of simulcast facilities; and
(14) licensing, approval, and regulation of match bronc rides and wild horse rides.
History: En. Sec. 5, Ch. 196, L. 1965; amd. Sec. 1, Ch. 216, L. 1967; amd. Sec. 16, Ch. 350, L. 1974; amd. Sec. 1, Ch. 533, L. 1977; R.C.M. 1947, 62-505(part); amd. Sec. 5, Ch. 563, L. 1983; amd. Sec. 2, Ch. 192, L. 1989; amd. Sec. 2, Ch. 557, L. 1989; amd. Sec. 2, Ch. 9, L. 2007; amd. Sec. 2, Ch. 387, L. 2007.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 1. Administration › 23-4-106. Executive secretary -- powers and duties -- staff -- prohibition on racing activities

23-4-106. Executive secretary -- powers and duties -- staff -- prohibition on racing activities.
(1) The department shall appoint an executive secretary for the board.
(2) The executive secretary, in accordance with rules adopted by the board and the provisions of Title 2, chapter 2, and this chapter, shall:
(a) supervise race meets and activities of racing officials;
(b) hire all state racing officials for the department;
(c) inspect race facilities;
(d) prescribe the duties and salary of state stewards; and
(e) perform other duties as directed by the board.
(3) The executive secretary may, subject to the approval of the board, hire staff to assist in the performance of the executive secretary's duties.
(4) The executive secretary, a staff member, and any member of the executive secretary's or a staff member's immediate family are prohibited from owning, training, or having any interest in a racehorse or mule running on a Montana track or having any financial interest in any Montana racing association. A racing official hired by the department or approved by the board may not wager at a race meet at which the racing official presides.
History: En. Sec. 7, Ch. 563, L. 1983; amd. Sec. 4, Ch. 192, L. 1989; amd. Sec. 1, Ch. 447, L. 1991; amd. Sec. 4, Ch. 18, L. 1997; amd. Sec. 1, Ch. 2, L. 2017.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 2. Race Meets › 23-4-201. Licenses -- contracts

23-4-201. Licenses -- contracts.
(1) (a) A person may not hold a race meet or conduct fantasy sports league wagering through a parimutuel facility, parimutuel network, or a simulcast parimutuel network conducting a fantasy sports league in this state without a valid license issued by the department under this chapter. A person applying for a license to hold a race meet under this chapter shall file with the department an application that must set forth the time, place, and number of days the license will continue and other information the board requires.
(b) A person may not conduct simulcast racing through a simulcast parimutuel network without having entered into a contract with the board.
(2) A person who participates in a race meet, except for a match bronc ride or a wild horse ride, must be licensed and charged an annual fee set by the board. The annual fee must be paid to the department and used for expenses of administering this chapter. Each person holding a license under this chapter shall comply with this chapter and with the rules adopted and orders issued by the board.
(3) A license may not be issued to a person who has failed to pay the fees, taxes, or money required under this chapter.
(4) An application to hold a race meet must be submitted to the department, and the board shall act on the application within 30 days. The board is the sole judge of whether the race meet may be licensed and the number of days the meet may continue.
(5) The board shall require that a fair board and an independent racing association conducting a race meet comply with the requirements of the rules adopted by the board before granting a license.
(6) A racing association consisting of a local fair board or an association approved by a local fair board may submit a contract proposal to the board to hold a simulcast race meet in a simulcast facility.
(7) An unexpired license held by a person who violates this chapter or who fails to pay to the department the sums required under this chapter is subject to cancellation and revocation by the board.
(8) A license to operate a parimutuel facility conducting fantasy sports league wagering may not be issued to an applicant unless the applicant is also licensed under Title 23, chapter 5.
History: (1), (3) thru (5)En. Sec. 7, Ch. 196, L. 1965; amd. Sec. 2, Ch. 216, L. 1967; amd. Sec. 18, Ch. 350, L. 1974; Sec. 62-507, R.C.M. 1947; (2)En. Sec. 5, Ch. 196, L. 1965; amd. Sec. 1, Ch. 216, L. 1967; amd. Sec. 16, Ch. 350, L. 1974; amd. Sec. 1, Ch. 533, L. 1977; Sec. 62-505, R.C.M. 1947; R.C.M. 1947, 62-505(part), 62-507; amd. Sec. 8, Ch. 563, L. 1983; amd. Sec. 4, Ch. 557, L. 1989; amd. Sec. 3, Ch. 467, L. 2005; amd. Sec. 4, Ch. 9, L. 2007; amd. Sec. 3, Ch. 387, L. 2007; amd. Sec. 3, Ch. 294, L. 2011.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 2. Race Meets › 23-4-203. Race meets -- when lawful

23-4-203. Race meets -- when lawful.
It is lawful to conduct live or simulcast race meets at a racetrack or simulcast facility or otherwise at any time during the week.
History: En. Sec. 8, Ch. 196, L. 1965; amd. Sec. 1, Ch. 183, L. 1974; amd. Sec. 19, Ch. 350, L. 1974; amd. Sec. 1, Ch. 306, L. 1977; R.C.M. 1947, 62-508(part); amd. Sec. 6, Ch. 557, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 2. Race Meets › 23-4-204. Race exclusively for Montana-bred horses -- bonus for winner

23-4-204. Race exclusively for Montana-bred horses -- bonus for winner.
(1) For the purpose of encouraging the breeding in this state of valuable registered horses, at least one race each day at each race meet must be limited to horses bred in this state unless, in the board's judgment, there is an insufficient number of Montana-bred horses for the race. If in the opinion of the board sufficient competition cannot be had among this class of horses, the race may be eliminated for the day and a substitute race provided instead. Races with exclusively Montana-bred horses must be run for 20% higher purses than races in comparable conditions that are not run with exclusively Montana-bred horses.
(2) The licensee conducting the race meet shall pay a sum equal to 10% of the first money of every purse won by a horse bred in this state to the breeder of the horse within 30 days of the end of the race meet. Only the money contributed by the licensee conducting the race meet may be considered in computing the bonus.
(3) Three percent of exotic wagering on a simulcast race must be deposited in a state special revenue account. The board shall then distribute all funds collected under this subsection to live race purses or for other purposes that the board considers appropriate for the good of the existing horseracing industry.
History: En. Sec. 9, Ch. 196, L. 1965; amd. Sec. 20, Ch. 350, L. 1974; amd. Sec. 2, Ch. 306, L. 1977; R.C.M. 1947, 62-509; amd. Sec. 10, Ch. 563, L. 1983; amd. Sec. 7, Ch. 557, L. 1989; amd. Sec. 6, Ch. 18, L. 1997; amd. Sec. 4, Ch. 314, L. 2005; amd. Sec. 6, Ch. 426, L. 2009.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 2. Race Meets › 23-4-205. Public liability insurance

23-4-205. Public liability insurance.
For the protection of the public, exhibitors, and visitors, a person licensed to conduct a race meet or operate a simulcast facility under this chapter shall carry public liability insurance in an amount and form of contract approved by the board.
History: En. Sec. 10, Ch. 196, L. 1965; amd. Sec. 3, Ch. 216, L. 1967; amd. Sec. 21, Ch. 350, L. 1974; R.C.M. 1947, 62-510; amd. Sec. 8, Ch. 557, L. 1989.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 3. Parimutuel Betting › 23-4-303. Licensee's right to withhold deposits

23-4-303. Licensee's right to withhold deposits.
Subject to 15-10-420, if a government or governmental agency imposes a levy on a licensee by a special tax on the money deposited under the parimutuel system or upon or against a licensee's receipts, the licensee may withhold in addition to the percent and breakage provided for in 23-4-302 the amount of the tax levied.
History: En. Sec. 13, Ch. 196, L. 1965; R.C.M. 1947, 62-513; amd. Sec. 125, Ch. 584, L. 1999.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 4. Horseracing › Part 3. Parimutuel Betting › 23-4-305. Deposit of unclaimed money

23-4-305. Deposit of unclaimed money.
Each licensee holding a race meet shall, within 30 days of the end of the meet, report to the board the total face value of all unclaimed winning tickets from each parimutuel pool. The money from unclaimed winning tickets must be retained by the licensee for capital improvement approved by the board.
History: En. 62-515 by Sec. 1, Ch. 199, L. 1974; R.C.M. 1947, 62-515; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 14, Ch. 563, L. 1983.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-105. Repealed

23-5-105. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 4, Ch. 197, L. 1949; Sec. 94-2432, R.C.M. 1947; redes. 94-8-431 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 26, Ch. 508, L. 1977; R.C.M. 1947, 94-8-431.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-106. Repealed

23-5-106. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 4, Ch. 115, L. 1907; Sec. 8419, Rev. C. 1907; re-en. Sec. 11162, R.C.M. 1921; re-en. Sec. 11162, R.C.M. 1935; Sec. 94-2406, R.C.M. 1947; redes. 94-8-406 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-406; amd. Sec. 7, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-107. Repealed

23-5-107. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 3, Ch. 115, L. 1907; Sec. 8418, Rev. C. 1907; re-en. Sec. 11161, R.C.M. 1921; Cal. Pen. C. Sec. 332; re-en. Sec. 11161, R.C.M. 1935; Sec. 94-2405, R.C.M. 1947; redes. 94-8-405 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 70, Ch. 359, L. 1977; R.C.M. 1947, 94-8-405.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-109. Repealed

23-5-109. Repealed.
Sec. 68, Ch. 642, L. 1989.
History: En. Sec. 6, Ch. 115, L. 1907; Sec. 8421, Rev. C. 1907; re-en. Sec. 11164, R.C.M. 1921; re-en. Sec. 11164, R.C.M. 1935; Sec. 94-2408, R.C.M. 1947; redes. 94-8-408 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 94-8-408.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-110. Public policy of state concerning gambling

23-5-110. Public policy of state concerning gambling.
(1) The legislature finds that for the purpose of ensuring the proper gambling environment in this state it is necessary and desirable to adopt a public policy regarding public gambling activities in Montana. The legislature therefore declares it is necessary to:
(a) create and maintain a uniform regulatory climate that assures players, owners, tourists, citizens, and others that the gambling industry in this state is fair and is not influenced by corrupt persons, organizations, or practices;
(b) protect legal public gambling activities from unscrupulous players and vendors and detrimental influences;
(c) protect the public from unscrupulous proprietors and operators of gambling establishments, games, and devices;
(d) protect the state and local governments from those who would conduct illegal gambling activities that deprive those governments of their tax revenues;
(e) protect the health, safety, and welfare of all citizens of this state, including those who do not gamble, by regulating gambling activities; and
(f) promote programs necessary to provide assistance to those who are adversely affected by legalized gambling, including compulsive gamblers and their families.
(2) The legislature adopts the policy that an applicant for a license or permit or other department approval under parts 1 through 8 of this chapter does not have a right to the issuance of a license or permit or the granting of the approval sought. The issuance of a license or permit issued or other department approval granted pursuant to the provisions of parts 1 through 8 of this chapter is a privilege revocable only for good cause. A holder does not acquire a vested right in the license or permit issued or other department approval granted. A license or permit issued under parts 1 through 8 of this chapter may not be sold, assigned, leased, or transferred.
(3) Revenue to fund the expense of administration and control of gambling as regulated by parts 1 through 8 of this chapter must be derived solely from fees, taxes, and penalties on gambling activities, except the gambling activities of the Montana state lottery and the parimutuel industry.
History: En. Sec. 1, Ch. 642, L. 1989; amd. Sec. 1, Ch. 398, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-111. Construction and application

23-5-111. Construction and application.
In view of Article III, section 9, of the Montana constitution, parts 1 through 8 of this chapter must be strictly construed by the department and the courts to allow only those types of gambling and gambling activity that are specifically and clearly allowed by those parts.
History: (1)En. Sec. 65, Ch. 642, L. 1989; (2)En. Sec. 2, Ch. 642, L. 1989; amd. Sec. 2, Ch. 398, L. 1993.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-113. Department as criminal justice agency

23-5-113. Department as criminal justice agency.
The department is a criminal justice agency whose designated agents are granted peace officer status, with the power of search, seizure, and arrest. Agents are authorized to investigate gambling activities in this state regulated by parts 1 through 8 of this chapter and the rules of the department, to report violations to the county attorney of the county in which they occur, to investigate and report on activities related to liquor and tobacco administration under Title 16, and to act as appointed by the attorney general.
History: En. Sec. 5, Ch. 642, L. 1989; amd. Sec. 2, Ch. 647, L. 1991; amd. Sec. 4, Ch. 398, L. 1993; amd. Sec. 8, Ch. 134, L. 2005; amd. Sec. 2, Ch. 61, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-114. Department employees -- activities prohibited

23-5-114. Department employees -- activities prohibited.
(1) An employee of the department directly involved with the prosecution, investigation, regulation, or licensing of gambling, as designated by the attorney general, may not:
(a) serve as an officer of a business or organization that conducts a gambling activity, other than as an officer of a nonprofit organization;
(b) be employed by a licensed operator in any capacity that requires assisting in conducting a gambling activity regulated under parts 1 through 6 of this chapter or maintaining records for the gambling activity;
(c) have a beneficial or pecuniary interest in a contract for the manufacture, lease, or sale of a gambling device, the conduct of a gambling activity, or the provision of independent consultant services in connection with a gambling activity; or
(d) participate in a gambling activity governed by parts 1 through 6 of this chapter, except in performing assigned employment duties. An employee may participate in a gambling activity governed by chapter 4 or 7 of this title.
(2) The prohibitions in subsections (1)(a) through (1)(c) apply to a former designated department employee during the first year following termination from employment with the department if the employee was directly involved with the prosecution, investigation, regulation, or licensing of gambling immediately before termination.
History: En. Sec. 6, Ch. 642, L. 1989; amd. Sec. 26, Ch. 647, L. 1991.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-115. Powers and duties of department -- licensing

23-5-115. Powers and duties of department -- licensing.
(1) The department shall administer the provisions of parts 1 through 8 of this chapter.
(2) The department shall adopt rules to administer and implement parts 1 through 8 of this chapter.
(3) The department shall provide licensing procedures, prescribe necessary application forms, and grant or deny license applications and may provide for the issuance of temporary operating authority.
(4) The department shall, as a prerequisite to the issuance of a license pursuant to the authority contained in this chapter, require the applicant to submit fingerprints for the purpose of a criminal background investigation by the department and the federal bureau of investigation.
(5) The applicant shall sign a release of information to the department and is responsible to the department for the payment of all fees associated with the criminal background check.
(6) The department shall prescribe recordkeeping requirements for licensees, provide a procedure for inspection of records, provide a method for collection of taxes, and establish penalties for the delinquent reporting and payment of required taxes.
(7) The department may suspend, revoke, deny, or place a condition on a license issued under parts 1 through 8 of this chapter.
(8) The department may not make public or otherwise disclose confidential criminal justice information, as defined in 44-5-103, information obtained in the tax reporting processes, personal information protected by an individual privacy interest, or trade secrets, as defined in 30-14-402, specifically identified and for which there are reasonable grounds of privilege asserted by the party claiming the privilege.
(9) The department shall assess, collect, and disburse any fees, taxes, or charges authorized under parts 1 through 8 of this chapter.
History: En. Sec. 7, Ch. 642, L. 1989; amd. Sec. 3, Ch. 647, L. 1991; amd. Sec. 5, Ch. 398, L. 1993; amd. Sec. 3, Ch. 416, L. 1999; amd. Sec. 2, Ch. 355, L. 2009; amd. Sec. 3, Ch. 61, L. 2015.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-116. Disclosure of information

23-5-116. Disclosure of information.
(1) The department shall, upon request, disclose information concerning a current or former gambling license applicant or gambling licensee or any other person engaged in gambling or a gambling activity governed by parts 1 through 8 of this chapter, except:
(a) confidential criminal justice information, as defined in 44-5-103;
(b) personal information protected by an individual privacy interest;
(c) trade secrets, as defined in 30-14-402, specifically identified and for which there are reasonable grounds of privilege asserted by the party claiming the privilege; and
(d) information obtained in the tax reporting processes.
(2) Notwithstanding the limitations set forth in subsection (1), the department may disclose any information obtained in the application or tax reporting process or as a result of other department operations to:
(a) a federal, state, city, county, or tribal criminal justice agency;
(b) the department of revenue and the federal internal revenue service; and
(c) a gambling regulatory agency of another state, a local government unit of another state, a tribal government, or a foreign nation, provided that the disclosure of the information complies with the law of that jurisdiction and that the receiving entity has been approved for receipt by the Montana attorney general.
(3) In the event of a tax delinquency or at the request of a video gambling machine permitholder, the department shall inform the permitholder of the status of a licensed machine owner's tax payments for a video gambling machine located at the permitholder's place of business.
History: En. Sec. 4, Ch. 647, L. 1991; amd. Sec. 1, Ch. 132, L. 1995; amd. Sec. 1, Ch. 178, L. 1995; amd. Sec. 4, Ch. 416, L. 1999; amd. Sec. 3, Ch. 424, L. 1999.
2023 Montana Code Annotated › Title 23. Parks, Recreation, Sports, and Gambling › Chapter 5. Gambling › Part 1. General Provisions, Proceedings, and Penalties › 23-5-117. Premises approval

23-5-117. Premises approval.
(1) The department may approve a premises for issuance or operation of an operator's license if the premises meets the requirements contained in subsections (2) and (3).
(2) The premises may include any concessioned area provided for in 16-4-418 and must:
(a) be a structure or facility that is clearly defined by permanently installed walls that extend from floor to ceiling;
(b) have a unique address assigned by the local government in which the premises is located;
(c) have a public external entrance, leading to a street or other common area, that is not shared with another premises for which an operator's license has been issued; and
(d) be designed and arranged to allow for observation and control of all gambling activities by the gambling operator.
(3) If the premises shares a common internal wall with another premises for which an operator's license has been issued, the common wall must be permanently installed, opaque, and extend from floor to ceiling and may not contain an internal entrance through which public access is allowed.
(4) The department may not provide additional requirements in rulemaking for premises suitability related to seating."
History: En. Sec. 7, Ch. 647, L. 1991; amd. Sec. 6, Ch. 398, L. 1993; amd. Sec. 2, Ch. 480, L. 1995; amd. Sec. 9, Ch. 479, L. 2019; amd. Sec. 10, Ch. 568, L. 2021.