Title 23, Title 23

As used in this part, a "fantasy sports league" means a gambling activity conducted in the following manner: (1) A fantasy sports league consists of a limited number of persons or groups of persons who pay an entrance fee for membership in the league. The entrance fee may include…

It is lawful to conduct or participate in a fantasy sports league, including a fantasy sports league that is operated under a parimutuel system of wagering regulated under Title 23, chapter 4. It is unlawful to wager on a fantasy sports league by telephone or by the internet.

(1) Except as provided in subsection (2)(b), the total value of payouts to all league members must equal the amount collected for entrance, administrative, and transactions fees, minus payment for administrative expenses. (2) (a) Except as provided in subsection (2)(b), if a comm…

A person who purposely or knowingly violates or procures, aids, or abets in a violation of this part is guilty of a misdemeanor punishable under 23-5-161.

Unless the context requires otherwise, the following definitions apply in this part: (1) "Arcade" means a commercial establishment whose primary purpose is to make amusement games available for public play. (2) "Concessionaire" means a person who owns one or more amusement games …

An operator, concessionaire, nonprofit organization, or arcade may provide amusement games to the public under the following conditions: (1) The sale of a right to participate, the determination of winners, and the distribution of prizes all occur in the presence of all players. …

(1) Before making an amusement game available for public play, an operator, concessionaire, nonprofit organization, or arcade shall obtain the appropriate permit, as provided in subsections (2) through (4), from the board of county commissioners of the county in which the game is…

(1) Crane games, as defined in 23-6-101, and the games described in subsection (2) may be made available for public play. (2) (a) Fish pond (duck pond). The player catches a fish or other object floating in a pond of water by using a pole, hand, net, or string. All fish or object…

At any time during normal business hours, local law enforcement officers and department of justice employees may inspect any amusement game made available for public play by an operator, concessionaire, nonprofit organization, or arcade for compliance with 23-6-102.

An operator, concessionaire, nonprofit organization, or arcade may not make available for play a gambling or illegal gambling device or enterprise governed under Title 23, chapter 5, parts 1 through 6.

A person who purposely or knowingly violates or procures, aids, or abets in a violation of 23-6-102 is punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a term not to exceed 6 months, or both.

This chapter may be cited as the "Montana State Lottery Act of 1985 and Sports Wagering Lottery Amendment of 2019".

(1) The purpose of this chapter is to allow lottery games and sports wagering in which the player purchases from the state, through the administrators of the state lottery and sports wagering agency, a chance to win a prize. The state lottery and sports wagering agency may provid…

As used in this chapter, the following definitions apply: (1) "Commission" means the state lottery and sports wagering commission created by 23-7-201. (2) "Director" means the director appointed by the governor under 23-7-210 to administer and manage the state lottery. (3) (a) "L…

As it pertains to the state lottery, the operation of sports wagering and ancillary activities are lawful activities in the state of Montana when conducted in accordance with the provisions of this chapter and rules of the commission.

It is a misdemeanor, punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, to knowingly or purposely: (1) require an employee to sell lottery tickets, chances, or sports wagering in violation of 23-7-301(9); (2) vio…

(1) There is a state lottery and sports wagering commission. (2) The commission consists of five members, who shall reside in Montana, appointed by the governor. (3) At least one commissioner must have 5 years of experience as a law enforcement officer. At least one commissioner …

The commission shall: (1) establish and operate a state lottery; (2) determine policies for the operation of the state lottery, supervise the director and the staff, and meet with the director at least once every 3 months to make and consider recommendations, set policies, determ…

(1) The director must be appointed by the governor and shall hold office at the pleasure of the governor. (2) The director must be qualified by training and experience to direct the state lottery, including sports wagering. The director must be a full-time employee and may not ow…

(1) The director shall: (a) administer the operation of the state lottery in accordance with this chapter and the rules and other directives of the commission; (b) appoint an assistant director for security and employ and direct personnel necessary to the operation of the state l…

(1) The director shall appoint an assistant director for security, who serves at the pleasure of the director. (2) The assistant director for security must be qualified by training and experience, have at least 5 years of law enforcement experience, and be knowledgeable and exper…

(1) Lottery tickets, chances, wagers, or bets may be sold only by a sales agent licensed by the director in accordance with this section. (2) The commission shall by rule determine the places at which state lottery games and sports wagering tickets, chances, wagers, or bets may b…

(1) The price of each lottery game ticket, chance, wager, or bet must be clearly stated on the ticket, chance, wager, or bet. The price of a lottery game chance vended by a machine or electronic device must be clearly stated on the machine or device. (2) Tickets, chances, wagers,…

The director shall make adequate disclosure of the odds or payoffs with respect to each state lottery game or sports wager by stating how to find the odds or payoffs in advertisements and by posting how to find the odds or payoffs at each place in which tickets, chances, wagers, …

A person who has been convicted of a felony or a gambling-related offense under federal law or the law of any state may not be a commissioner, director, assistant director, employee of the state lottery, or licensed sales agent. To determine a person's suitability for the positio…

A commissioner, director, assistant director, state lottery employee, licensed sales agent, or member of a listed person's household may not have a financial interest in any gaming supplier or any contract between the state lottery and a gaming supplier or accept any gift or thin…

(1) A person, firm, association, or corporation that submits a bid or proposal for a contract to supply lottery or sports wagering equipment, tickets, or other material or consultant services for use in the operation of the state lottery shall disclose at the time of the bid or p…

(1) All drawings must be held in public. The selection of winning tickets, chances, wagers, or bets may not be performed by an employee of the state lottery or by a member of the commission. All drawings may be witnessed by a professional staff employee of the legislative auditor…

(1) For purposes of this section, "IV-D agency" means the state child support enforcement agency created pursuant to Title IV-D of the Social Security Act and providing services under Title 40, chapter 5. (2) The IV-D agency shall periodically certify to the state lottery the nam…

The personal information about a player who participates in lottery games and sports gambling as provided in this chapter is confidential and may not be disclosed to the public unless the player authorizes, in writing, the release of the information. Nothing in this section prohi…

There is a fund of the enterprise fund type, as defined in 17-2-102, to be known as the state lottery fund. The gross revenue from the state lottery, consisting of money from the sale of lottery tickets, chances, wagers, and bets, sales agent license fees, unclaimed prizes, or an…

(1) A minimum of 45% of the money paid for tickets or chances must be paid out as prize money. The prize money is statutorily appropriated, as provided in 17-7-502, to the state lottery. (2) Commissions paid to lottery ticket or chance sales agents are not a state lottery operati…

The legislative auditor shall conduct or have conducted an annual audit of the state lottery. The costs of the audit must be paid out of the state lottery fund. A copy of the audit report must be delivered to the commission, the director, the governor, the president of the senate…

(1) After the first 9 months of sales to the public and every 2 years after that, the office of the legislative auditor shall conduct or have conducted a comprehensive audit of all aspects of security in the operation of the state lottery. The costs of the audit are a state lotte…

Specific audit findings relating to security invasion techniques are confidential and may be reported only to the legislative audit committee, the director of the lottery, the commission, the attorney general, and the governor.