SENATE BILL NO. 307

INTRODUCED BY D. GRIMES

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT THE STATE LOTTERY MAY NOT OFFER AS A LOTTERY GAME ANY GAME THAT IS BASED ON OR REPRESENTS A PROHIBITED FORM OF GAMBLING; AMENDING SECTION 23-7-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 23-7-102, MCA, is amended to read:

"23-7-102. Purpose. (1) The purpose of this chapter is to allow lottery games in which the player purchases from the state, through the administrators of the state lottery, a chance to win a prize. This chapter does not allow and may not be construed to allow any game in which a player competes against or plays with any other person, including a person employed by an establishment in which a lottery game may be played.

(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".

(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;

(b) carry on any form of gambling permitted by the laws of this state that is not a lottery game within the scope of this section and within the definition of "lottery game"; or

(c) offer as a lottery game any game that is based on or represents a form of gambling prohibited by the laws of this state. Prohibited lottery games include but are not limited to those representing:

(i) sports betting;

(ii) internet lottery play;

(iii) pull tabs;

(iv) on-line bingo; and

(v) slot machines."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

NEW SECTION. Section 3. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to games in effect on [the effective date of this act].

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