In this subchapter, the following definitions apply:

(1) "Account" means an account for advance deposit wagering with a specific identifiable record of credits, debits, deposits, wagers, and withdrawals established by an account holder and managed by a licensed advance deposit wagering hub licensee.

(2) "Account holder" means a natural person, at least eighteen years of age, residing within or outside of Montana for whom a licensed advance deposit wagering licensee has opened an account.

(3) "Account number" means a unique identification number consisting of numbers or letters as designated or selected by the account holder or advance deposit wagering hub licensee.

(4) "Advance deposit wagering" has the meaning set forth in 23-4-101, MCA.

(5) "Advance deposit wagering hub operator" or "hub operator" has the meaning set forth in 23-4-101, MCA.

(6) "Communications by other electronic means" means communication by any electronic communication device or combination of devices including, but not limited to, the following: personal computers, the internet, private networks, interactive televisions, and wireless communication technologies, or other technologies approved by the board.

(7) "Confidential information" means the following:

(a) the amount of money credited to, debited from, withdrawn from, or present in any particular account holder's account;

(b) the amount of money wagered by a particular account holder on any race or series of races;

(c) the account number and secure personal identification code of a particular account holder;

(d) the identities of particular entries on which the account holder is wagering or has wagered;

(e) unless otherwise authorized by the account holder, the name, address, and any other information in the possession of a licensed advance deposit hub operator that would identify the account holder to anyone other than the board, the licensed advance deposit wagering hub operator, the regulatory authority in the state that regulates the licensed advance deposit wagering hub or as otherwise required by state or federal law; and

(f) credit and debit information.

(8) "Credits" means all deposits of money into an account.

(9) "Debits" means all withdrawals from an account.

(10) "Deposits" means a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account.

(11) "Foreign jurisdiction" means a jurisdiction of a foreign country or political subdivision thereof.

(12) "Hub contract" means a contract between a hub and the board. A hub contract may also be called a "license agreement."

(13) "Plan of operation" or "operating plan" means a written document from an advance deposit wagering hub operator which must accompany the application for licensure and which provides sufficient detail to allow the board to identify processes for operation of the system, including: handling of unforeseen events; verification of account holder information; establishment of a dispute resolution process; withdrawal process; allowance for account holders residing outside of Montana; and any other information requested by the board.

(14) "Principal residence address" means that place where the natural person submitting an application for an account resides at least fifty percent of the time during the calendar year.

(15) "Proper identification" means a form of identification accepted in the normal course of business that establishes the person making the transaction is the account holder.

(16) "Secure personal identification code" means an alpha and or numeric character code chosen by an account holder as a means by which the advance deposit wagering hub operator may verify a wager or account transaction as authorized by the account holder.

(17) "Source market fee" has the meaning set forth in 23-4-101, MCA.

(18) "Source market fee area" means the state of Montana.

(19) "Withdrawal" means a payment from an account by the hub licensee to the account holder when properly requested by the account holder.

History: 23-4-202, MCA; IMP, 23-4-101, 23-4-301, 23-4-302, MCA; NEW, 2008 MAR p. 494, Eff. 3/14/08; TRANS, from 32.28.2001, 2015 MAR p. 2252, Eff. 12/25/15.