BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of amendment of ARM 23.16.101, 23.16.116, 23.16.117, 23.16.120, 23.16.125, 23.16.126, 23.16.1304, 23.16.1826, 23.16.1826A, 23.16.1828, 23.16.2402, concerning definitions, transfer of interest among licensees, transfer of interest to a new owner, loans and other forms of financing, change of liquor license type, change of location, approved variations of keno, quarterly reporting requirements, reporting frequency for approved automated accounting systems - exceptions, general requirements of operators, manufacturers, manufacturers of illegal devices, distributors, and route operators of video gambling machines or producers of associated equipment, and live keno and bingo record keeping

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NOTICE OF AMENDMENT

 

            TO:  All Concerned Persons

 

            1.  On November 12, 2009, the Department of Justice published MAR Notice No. 23-16-214, regarding the public hearing on the proposed amendment of the above-stated rules at page 2078, 2009 Montana Administrative Register, Issue Number 21.

 

            2.  The Department of Justice has amended ARM 23.16.101, 23.16.116, 23.16.120, 23.16.125, 23.16.126, 23.16.1304, 23.16.1826A, and 23.16.2402 exactly as proposed.

 

            3.  The department amends the remaining rules with the following changes, stricken matter interlined, new matter underlined:

 

            23.16.117  TRANSFER OF INTEREST TO NEW OWNER  (1) through (9) remain as proposed.

 

AUTH: 23-5-115, MCA

IMP:                16-4-414, 23-5-115, 23-5-118, 23-5-176, MCA

 

23.16.1826  QUARTERLY REPORTING REQUIREMENTS  (1) through (6) remain as proposed.

 

AUTH: 23-5-115, 23-5-605, 23-5-621, MCA

IMP:                23-5-115, 23-5-136, 23-5-605, 23-5-610, 23-5-621, 23-5-637,                                     MCA

 

23.16.1828  GENERAL REQUIREMENTS OF OPERATORS, MANUFACTURERS, MANUFACTURERS OF ILLEGAL DEVICES, DISTRIBUTORS, AND ROUTE OPERATORS OF VIDEO GAMBLING MACHINES OR PRODUCERS OF ASSOCIATED EQUIPMENT  (1) through (4) remain as proposed.

 

AUTH: 23-5-115, 23-5-605, MCA

IMP:                23-5-115, 23-5-605, 23-5-611, 23-5-614, 23-5-621, 23-5-625,                                     23-5-626, 23-5-631, MCA

 

          4.  A public hearing was held on December 3, 2009.  Oral comments were received from Neil Peterson, executive director, Gaming Industry Association of Montana, Inc. (GIA).  Oral testimony was also received from Mark Staples, Montana Tavern Association (MTA).  Written comments were received from Ronda Wiggers, Montana Coin Machine Operators Association (MCMOA).  No adverse comments or suggestions were offered at the public hearing or in writing.  However, upon review of the proposed amendments, the division, noted that the implementation cited in 23.16.117 needed to be changed to correctly identify the legislative authority for the department to require gambling license applicants to submit fingerprints for purposes of conducting background checks.  In addition, the division noted other repealed statutes still being cited as authority and implementation citations and the amendments correct those references.

 

By:  /s/ Steve Bullock                                                /s/ J. Stuart Segrest                               

        STEVE BULLOCK                                           J. STUART SEGREST

        Attorney General                                               Rule Reviewer

        Department of Justice

 

Certified to the Secretary of State December 14, 2009.