BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I concerning advertising restrictions for video gambling machines, NEW RULE II concerning expiration date for video gambling machine ticket vouchers, NEW RULE III concerning software specifications for video line games, NEW RULE IV concerning special bingo sessions,  and amendment of ARM 23.16.1802, 23.16.1901, 23.16.1906, 23.16.1909A, 23.16.1910A, 23.16.1920, 23.16.1924, 23.16.1927, 23.16.1931, 23.16.2001, 23.16.2101, 23.16.2109, 23.16.2401, and 23.16.2406, concerning definitions, general specifications of video gambling machines, general software specifications of video gambling machines, software specifications for video multigame machines, bonus games, automated accounting and reporting system, video gambling machine, hardware and software specifications, prohibited machines, approval of video gambling machines and/or modifications to approved video gambling machines, inspection and seizure of machines, manufacturer of illegal gambling devices – department contact information, combination of video poker, keno, bingo, and video line games, testing of automated accounting and reporting systems, definitions, and prize awards for live keno and bingo games

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NOTICE OF ADOPTION AND AMENDMENT

 

            TO:  All Concerned Persons

 

            1.  On July 14, 2011, the Department of Justice published MAR Notice No. 23-16-219, regarding the public hearing on the proposed adoption and amendment of the above-stated rules at page 1252, 2011 Montana Administrative Register, Issue Number 13.

 

            2.  The Department of Justice has adopted Rule I (23.16.1829), Rule II (23.16.1903), Rule III (23.16.1907A) and Rule IV (23.16.2411) and amended ARM 23.16.1802, 23.16.1901, 23.16.1906, 23.16.1909A, 23.16.1910A, 23.16.1920, 23.16.1924, 23.16.1927, 23.6.1931, 23.16.2001, 23.16.2101, 23.16.2109, 23.16.2401, and 23.16.2406 exactly as proposed.

 

3.  A public hearing was held on August 9, 2011.  Oral comments were received from Neil Peterson for Gaming Industry Association of Montana, Inc., Mark Staples for Montana Tavern Association, and Ronda Wiggers, Montana Coin Machine Operators Association, all of whom spoke in support of the proposed rules.  No adverse comments were offered at the public hearing or in writing.  Mr. Peterson submitted written comments which asked the division to add the words "or animate" after the word "draw" in section 1(a) of New Rule III.  Mr. Peterson stated his belief that this amendment would help to clarify and better reflect current video line games being developed both in Montana and other jurisdictions.   Ms. Wiggers stated that she agreed with Mr. Peterson's proposal.

The division has considered the suggestion to add the words "or animate," but declines to adopt the suggested language at this time.  It is the division's opinion that due to the very nature of video displays, the phrase "draw and display" in the software specifications for a video gambling machine includes the animation of lines of symbols or numbers.  The division has approved video poker and video keno games that employ animation not only in the draw and display of poker cards and keno spots, but in the approved bonus games as well.  The division further notes that the proposal here would add the words "or animate" only to the rule defining software specifications for video line games, but the phrase would not be included in the software specification for video poker (23.16.1907) or video keno (23.16.1908).  Therefore, the proposed language would not tend to clarify the specifications for line game software.

 

4.         Amendment to ARM 23.16.2109 will be effective August 26, 2011.  Pursuant to HB 127, New Rule II (23.16.1903), New Rule IV (23.16.2411), and amendments to 23.16.2401, and 23.16.2406 will become effective on October 1, 2011.  Pursuant to SB 361, New Rule I (23.16.1829), New Rule III (23.16.1907A), and amendments to 23.16.1802, 23.16.1901, 23.16.1906, 23.16.1909A, 23.16.1910A, 23.16.1920, 23.16.1924, 23.16.1927, 23.16.1931, 23.16.2001, and 23.16.2101 will become effective on January 1, 2012. 

           

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

            STEVE BULLOCK                                                   J. STUART SEGREST

            Attorney General, Department of Justice                        Rule Reviewer

 

Certified to the Secretary of State August 15, 2011.