House Bill No. 349

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act prohibiting the placement of satellite terminals or automated teller machines on gambling premises and certain adjacent property; and amending sections 23-5-157 and 32-6-304, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 23-5-157, MCA, is amended to read:

"23-5-157.   Gambling on cash basis -- automated teller machines prohibited. (1)(a) In every gambling activity, except raffles as authorized in 23-5-413, the consideration paid for the chance to play must be made in cash. A check or credit card may be used to obtain cash to participate in a gambling activity. A participant shall present the cash needed to play the game as the game is being played. A check, credit card, note, IOU, or other evidence of indebtedness may not be offered or accepted as part of the price of participation in the gambling activity or as payment of a debt incurred in the gambling activity.

(b) A satellite terminal or automated teller machine, as defined in 32-6-103, may not be located on a premises, as defined in 23-5-112, or on property adjacent to the premises if any person having an interest in the premises also has an interest in the adjacent property.

(2)  A person who violates this section is guilty of:

(a)  a misdemeanor and must shall be punished in accordance with 23-5-161; or

(b)  a felony upon conviction of a third or subsequent offense and must shall be punished in accordance with 23-5-162."

Section 2.  Section 32-6-304, MCA, is amended to read:

"32-6-304.   Automatic Automated teller machines -- additional standards. Before the department authorizes an automatic automated teller machine, the owner must shall certify to the department that the machine complies with the provisions of 23-5-157 and this chapter and is:

(1)  equipped with adequate security provisions;

(2)  activated by a unique identification device;

(3)  designed so as to produce the transaction record required by 32-6-301(1)."