BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to antique gambling devices and the amendment of ARM 23.16.102, 23.16.104, 23.16.107, 23.16.118, 23.16.209, 23.16.301, 23.16.502, 23.16.503, 23.16.1701, 23.16.1702, 23.16.1703, 23.16.1704, 23.16.1706, 23.16.1712, 23.16.1714, 23.16.1823, 23.16.1901, and 23.16.1920 pertaining to gambling operator license applications and processing, escrowed funds, illegal devices, VGM permit eligibility, sports pool games and sports tabs, shake-a-day games, and VGM specifications and restrictions

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NOTICE OF ADOPTION AND AMENDMENT

 

TO: All Concerned Persons

 

1. On September 6, 2019, the Department of Justice published MAR Notice No. 23-16-258 pertaining to the public hearing on the proposed adoption and amendment of the above-stated rules at page 1448 of the 2019 Montana Administrative Register, Issue Number 17.

 

2. The department has amended ARM 23.16.102, 23.16.104, 23.16.107, 23.16.118, 23.16.209, 23.16.301, 23.16.502, 23.16.503, 23.16.1701, 23.16.1702, 23.16.1703, 23.16.1704, 23.16.1706, 23.16.1712, 23.16.1714, 23.16.1823, and 23.16.1901, and adopted New Rule I (23.16.210) as proposed.

 

3. The department has amended the following rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

23.16.1920 AARS, CTVS, AND VGM HARDWARE AND SOFTWARE SPECIFICATIONS (1) and (2) remain as proposed.

(3)  Any device communicating with a VGM through a physical interface shall be tested and approved by the department before being offered for sale, sold, or installed/connected to any permitted VGM. This does not include proprietary business software that only receives data published from a Tier 1 site controller.

 

AUTH: 23-5-115, 23-5-621, MCA

IMP: 23-5-603, 23-5-621, 23-5-631, 23-5-637, MCA

 

4. The department conducted a public hearing on September 27, 2019, on the proposed adoption and amendment and accepted comments through 5:00 p.m., October 7, 2019.  The department has thoroughly considered the one comment received at the public hearing and testimony offered in support. No written comments were submitted in the comment period following the public hearing.  A summary of the comment received and the department's response follows:

 

COMMENT #1: The Montana Coin Machine Operators Association appeared through its representative and offered both oral and written comments at the public hearing. The association suggested the proposed amendment to ARM 23.16.1920 could be improved to clarify the scope of the rule. The association suggested eliminating language that could inadvertently exclude devices meant to be tested and suggested adding a sentence to avoid improperly including data published from a Tier 1 site controller.

 

RESPONSE #1:  The department concurs and has revised the amendments to ARM 23.16.1920 as recommended by the Montana Coin Machine Operators Association.

 

 

/s/ Hannah Tokerud                                   /s/ Timothy C. Fox                         

Hannah Tokerud                                        Timothy C. Fox

Rule Reviewer                                            Attorney General

                                                                    Department of Justice

 

Certified to the Secretary of State October 8, 2019.