The Montana Department of Justice will hold a public hearing September 13 at 9 a.m. in the conference room at the Gambling Control Division, 2550 Prospect Ave., Helena, to consider proposed amendments to rules pertaining to possession and display of antique slot machines, approved accounting and reporting system availability date, and general specifications of the system.
Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing or to Rick Ask at the division by mail or e-mail (
rask@mt.gov) no later than September 20.
The rules proposed to be amended provide as follows:
23.16.209 - Display of Illegal Antique Gambling Devices and Antique Illegal Gambling Devices';
new language: To qualify as an antique gambling device, a slot machine must have been manufactured more than 25 years prior to the date of possession, may be restored but must possess mostly original cabinet parts and castings, the mechanical mechanism must be substantially original in parts and design, and the machine must display its original serial number or show evidence where the original serial number once existed but was removed.
Rationale and justification: This proposed amendment is intended to clarify what constitutes an antique slot machine. The division was requested to opine whether restored slot machines that contain new mechanical workings could constitute antique illegal gambling devices such that they could be legally possessed and displayed under the law relating to antique gambling devices.
Upon inspection of renovated and remanufactured slot machines for sale, review of other states laws dealing with antique slot machines, and after requesting and considering input of licensed antique gambling device dealers in Montana, the division proposes these amendments to specify what components are necessary for an antique slot machine to qualify as an antique illegal gambling device.
23.16.2102 - Approved Accounting and Reporting System Availability in Relation to Multi-game Agreements: For purposes of determining when an approved automated accounting system is available under the terms of multi-game video gambling machine agreements, the availability date shall be January 1, 2008, which is a date not sooner than 180 days after the department has approved at least two commercially available systems under ARM 23.16.2105 for tier II systems, and when tax reporting was available through the department's internet web site.
Rationale and justification: These proposed amendments logically follow the existing rule's definition of an availability date as being no sooner than 180 days after approval of at least two commercially available reporting systems.
Because two such systems became commercially available before July 1, 2007, the division proposes to declare January 1, 2008, as the relevant triggering date under the terms of multi-game agreements for machine owners to electronically report video gambling machine tax information to the state.
23.16.2105: General Specifications of Approved Accounting and Reporting Systems: In essence, this proposed amendment calls for adding machine program identification to the requirements.
Rationale and justification: These proposed amendments will require the video gambling machine's program identification data to be reported to the division under the approved automated accounting and reporting systems via an Excel Bulk Change spreadsheet, along with the other information already required under this rule.
Some video gambling machines report credits in nickel or quarter denominations, while most modern video gambling machines report credits which equal a penny. This identification information is necessary to allow the division to identify the correct credit denomination for the individual machines reported in GenTax, and will assist in the prompt and accurate calculation of taxes.
Source: The Montana Tavern Times, September, 2007, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.