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Secretary of State Linda McCulloch
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Elections & Government Services
P.O. Box 202801
Helena, MT 59620-2801
State Capitol, Room 260
1301 6th Avenue
Helena, MT 59620
(406) 444-4732
Fax (406) 444-2023
Elections & Government Services Deputy
Lisa Kimmet

Ballot Language of
Initiative No. 157

I-157

I-157 allows nonprofit corporations established for the purpose of acquiring or enhancing access to land and wildlife or habitat to conduct lotteries. A nonprofit corporation conducting a lottery under I-157 must obtain a permit from the Department of Justice. The nonprofit corporation cannot spend more than 18.5% of the funds raised on administrative expenses.

I-157 will cost $10,000 of state funds annually for issuing lottery permits, overseeing permittees, and enforcing permit requirements. Permit fee revenues may offset these costs.

[ ] FOR allowing certain nonprofit corporations to conduct lotteries for acquiring or enhancing access to wildlife.

[ ] AGAINST allowing certain nonprofit corporations to conduct lotteries for acquiring or enhancing access to wildlife.

If you have questions about ballot issues, contact Elections and Government Services at (406) 444-5346, email soselections@mt.gov, or call the Secretary of State's toll-free voter hotline toll-free at 1-888-884-VOTE (8683).

2008 Ballot Issue I-157

THE COMPLETE TEXT OF INITIATIVE NO. 157

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

NEW SECTION. Section 1. Lotteries by nonprofit corporations allowed – requirements – rulemaking. (1) A nonprofit corporation that complies with the requirements of this section may conduct a lottery for the purpose of acquiring or enhancing access to land and wildlife. The provisions of 23-5-413 do not apply to nonprofit corporations conducting a lottery under this section.

(2) A nonprofit corporation may not conduct a lottery without first obtaining a permit from the department. The nonprofit corporation shall submit an application for a permit on a form provided by the department. Permits to conduct lotteries shall be issued for 7 year time periods. Permits for lotteries shall allow nonprofits to conduct lotteries on an annual, quarterly, monthly, weekly or bi-weekly basis.

(3) In order to obtain a permit, the nonprofit corporation:

(a) must be established to do business in Montana;

(b) must be established for the purpose of acquiring or enhancing access to land and wildlife for the benefit of all citizens of this state; and

(c) shall restrict ticket sales and participation to persons located within the geographic confines of this state at the time of sale.

(4) The nonprofit corporation may not spend more than 18.5% of the funds raised by the lottery on administrative expenses that are not directly related to acquiring or enhancing access to land and wildlife.

(5) The nonprofit corporation shall submit an accounting of each lottery conducted within 30 days after the grand prize of each lottery has been won.

(6) The department shall adopt rules to implement the provisions of this section. The rules must include, but are not limited to, developing application forms and accounting and reporting requirements.

(7) The drawing must be held in a public location.

(8) No employee or officer of the nonprofit may play the nonprofit lottery.

NEW SECTION. Section 2. Codification instruction. Section 1 is intended to be codified as an integral part of Title 23, chapter 5, and the provisions of Title 23, chapter 5, apply to section 1.

NEW SECTION. Section 3. Effective date. This act is effective upon approval by the electorate.

Voter Information Pamphlet

The information for each proposed ballot issue is the official ballot language written by the Attorney General's office, the text of each ballot issue, and the arguments and rebuttals for and against each ballot issue. The arguments and rebuttals have been prepared by each committee appointed to support each ballot issue and each committee appointed to oppose each ballot issue. The opinions stated in the arguments and rebuttals do not necessarily represent the views of the Secretary of State or the State of Montana. The State also does not guarantee the truth or accuracy of any statement made in the arguments or rebuttals.

The VIP will be available in print and online in October of 2008.

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The Voter Information Pamphlet will be available in print and online in October of 2008.

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