HOUSE BILL NO. 758
INTRODUCED BY DEVLIN, FORRESTER, GALLUS, MAEDJE, SHEA, TROPILA
AN ACT GENERALLY REVISING THE LAWS RELATED TO VIDEO GAMBLING MACHINES; IMPOSING AN ANNUAL PERMIT SURCHARGE FEE BASED ON THE NUMBER OF VIDEO GAMBLING MACHINES ON THE PREMISES; PROVIDING FOR THE PRORATION OF THE FEE; PROVIDING THAT THE FEE BE DEPOSITED IN THE STATE GENERAL FUND; EXEMPTING ESTABLISHMENTS THAT HAVE PERMITTED VIDEO GAMBLING MACHINES ON THE PREMISES FROM LOCAL GOVERNMENT ORDINANCES ON SMOKING THAT ARE MORE RESTRICTIVE THAN STATE LAWS ON SMOKING; AMENDING SECTION 23-5-612, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND APPLICABILITY DATES.
AN ACT GENERALLY REVISING THE LAWS RELATED TO VIDEO GAMBLING MACHINES; IMPOSING AN ANNUAL PERMIT SURCHARGE FEE BASED ON THE NUMBER OF VIDEO GAMBLING MACHINES ON THE PREMISES; PROVIDING FOR THE PRORATION OF THE FEE; PROVIDING THAT THE FEE BE DEPOSITED IN THE STATE GENERAL FUND; EXEMPTING ESTABLISHMENTS THAT HAVE PERMITTED VIDEO GAMBLING MACHINES ON THE PREMISES FROM LOCAL GOVERNMENT ORDINANCES ON SMOKING THAT ARE MORE RESTRICTIVE THAN STATE LAWS ON SMOKING; AMENDING SECTION 23-5-612, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND APPLICABILITY DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Premises with video gambling machines -- local smoking ordinance no more restrictive than state law. An establishment that has been granted a permit under Title 23, chapter 5, part 6, for the placement of video gambling machines on the premises is exempt from any local government ordinance that is more restrictive than the provisions of Title 50, chapter 40, part 1.
Section 2. Section 23-5-612, MCA, is amended to read:
"23-5-612. Machine permits -- fee fees. (1) The department, upon payment by the operator of the fee fees provided in subsection subsections (2) and (4) and in conformance with rules adopted under this part, shall issue to the operator an annual permit for an approved video gambling machine.
(2) (a) The department shall charge an annual permit fee of $200 for each video gambling machine permit. The fee must be prorated on a quarterly basis but may not be prorated to allow a permit to expire before June 30. The department may not grant a refund if the video gambling machine ceases operation before the permit expires.
(b) If the person holding the gambling operator's license for the premises in which the machine is located changes during the first quarter of the permit year and the new operator has received an operator's license and if a machine transfer processing fee of $25 per machine is paid to the department, the permit remains valid for the remainder of the permit year.
(3) The department shall deposit 50% of the total permit fee collected under subsection (2)(a) and 100% of the machine transfer processing fee collected under subsection (2)(b) in the state special revenue fund for purposes of administering this part and for other purposes provided by law. The balance of the fee collected under subsection (2)(a) must be returned on a quarterly basis to the local government jurisdiction in which the gambling machine is located. The local government portion of the fee is statutorily appropriated to the department, as provided in 17-7-502, for deposit in the local government treasury.
(4) (a) In addition to the annual permit fee charged under subsection (2), the department shall charge a $10 annual permit surcharge fee for each video gambling machine that is on a licensed premises having fewer than 20 machines and a $20 annual permit surcharge fee for each machine that is on a licensed premises having 20 machines. The annual permit surcharge fee must be prorated as provided in subsection (2)(a).
(b) The annual permit surcharge fee charged under subsection (4)(a) must be deposited in the state general fund."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 7, chapter 1, part 1, and the provisions of Title 7, chapter 1, part 1, apply to [section 1].
Section 4. Effective date. [This act] is effective on passage and approval.
Section 5. Applicability. (1) [Section 1] applies retroactively, within the meaning of 1-2-109, to local government ordinances on smoking adopted prior to [the effective date of this act].
(2) [Section 2] applies to annual permit fees charged after June 30, 2003.
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