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Lawmakers debate rolling back lottery’s procurement exemption after 2023 change
Summary
Senate Bill 232 would restore application of the Montana Procurement Act to the state lottery and related university system contracts after a 2023 amendment created an unintended exemption; lottery commission members, industry groups and the Department of Administration testified in support of restoring the RFP process and transparency.
Senate Bill 232 would reverse a 2023 change to procurement language that, according to sponsors and several witnesses, created an exemption allowing the Montana Lottery to avoid the formal Montana Procurement Act competitive process.
Sponsor Senator Matt Regier said the change in Senate Bill 51 (2023) replaced the term "consulted employee" with "person contracted," which had the effect of making compliance with the procurement act discretionary for certain lottery contracts. "Although compliance with the procurement act is not mandatory when lottery is contracting with private persons," the memo circulated to the committee concluded that the procurement act remains a useful benchmark and…
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