The state's Attorney General, Steve Bullock, has written a letter to the NCAA explaining the types of sports wagering allowed in Montana. Bullock hopes his letter will show that Montana is not in violation of the NCAA law preventing states that allow betting on the outcome of a sporting even to host championship games. Here is the full text of Bullock's letter:

http://doj.mt.gov/news/releases2009/20090623letter.pdf

June 23, 2009

Elsa Kircher Cole, Esq.
Vice President for Legal Affairs/General Counsel
National Collegiate Athletic Association
P.O. Box 6222
Indianapolis, N 46206

VIA E-mail and First Class Mail
Re: Wagering on the outcome of an event.

Dear Ms. Cole:
I have received and carefully reviewed your letter dated June 15,2009, to David Aronofsky, counsel for the University of Montana, regarding the policies of the National Collegiate Athletic Association (NCAA) regarding sports wagering. In your letter, you summarily conclude that Montana Law permits "wagering 'based upon the outcome of any event,"' and that, as a result, the games that have been permitted by Montana law since 1991 may in some way run afoul of NCAA policy regarding hosting of tournament events. This conclusion appears to be reached notwithstanding the fact that universities in our state have hosted over 30 collegiate tournament games since l99l.

As the state's chief legal officer and the head of the Montana Department of Justice, which regulates gambling in Montana, I feel compelled to respond. The NCAA letter is confusing, and the reasoning somewhat circular, with respect to the NCAA's meaning of wagering on the outcome of an event. On the one hand, you acknowledge that Montana law does not allow wagering on the direct outcome of an event, yet at the same time you suggest our state law is in
violation because it encompasses wagering on the outcome of any event, as presumably contemplated by the NCAA's rules.

I am hopeful I can provide some clarification of Montana's legal sports-related gambling, and assist the NCAA in understanding that the limited forms of gambling we allow do not undermine or frustrate the NCAA's legitimate concerns about demeaning the integrity of competition or the competitors.

Gambling is addressed in the Montana Constitution, which provides that all forms of gambling are illegal except those activities that are specifically authorizedby the legislature. Mont. Const' art. II, $ 9. Wagering on a sporting event is thus declared an illegal gambling activity in Montana law, except for those limited activities specifically authorized in statute. Mont. Code Arur. $ 23-5-l I I (Montana gambling laws "must be strictly construed . . . to allow only those types of gambling and gambling activity that are specifically and clearly allowed by the
gambling laws."); see, e.9,, Mont. Admin. R.23.16.2602 (lXbXi) (prohibiting raffles in which the outcome is determined by the results of a sporting event). With respect to sports, allowed gambling activities are limited to pools, tab games, and fantasy leagues.

The Montana statutes dealing with sports pools are found in Montana Code Annotated Title 23, chapter 5,par|5. While Mont. Code Ann. $ 23-5-501(l) defines a "sports pool" as "a gambling activity . . . in which a person wagers money for each chance to win money or other items of value based on the outcome of a sports event or series of sports events," the statute does not authorize gambling on the outcome of games as the term is used in the NCAA regulations and policies. This is because the general statement in section 501(l) is further qualified by $ 23-5-5l2(2): "(2) Competitors in a sports event or series of sports events must be randomly assigned to each participant in the sports pooL" Thus, no player in a Montana sports pool is allowed to place a wager.in which the participant selects in advance a game outcome that serves as the basis of a winning or losing bet. Indeed, state law specifically requires that "[a] sports
pool must be designed to ensure that . . . each participant has an equal chance to win the pool." Mont. Code Ann. $ 23-5-512(lxb). The outcome of the sports pool gambling games simply could not possibly be more random.

This becomes even more clear when one considers the administrative rules adopted by the Montana Department of Justice under the authority of Mont. Code Ann. $ 23-5-512. Montana Administrative Rule 23.16-17 02 provides:

(l) A traditional, series, or multiple way sports pool must be conducted on a
sports pool card containing a master square.
(a) The master square of the card must be divided into spaces arranged in
horizontal rows and vertical columns.
(b) The numbers for each horizontal row und vertical column must be randomly
assigned after the person conducting the pool closes the pool to additional sale of
spaces but prior to the beginning of the sports event or the first event in a series of sport events. ...
(c) Each space must be represented by a number from both the horizontal row and vertical column.
(d) Each competitor in the sports event must be assigned to either the horizontal
or vertical axis of the master square before the beginning of each sports event.
The emphasized portions of the regulation conclusively show that the language in
section 23-5-501does not permit a sports pool as a game "based on the outcome of a sports event," as that term would logically be used in the NCAA rules. Sports tab games are similarly random. Mont. Admin. R. 23.16.1712.

We are aware that at least four other states--Iowa, North Dakota, Mississippi, and Washington-- allow betting through sports pools. See Iowa Code $ 998.6 (2008); Miss. Code $ 75-76-55 (2008);N.D. Cent. Code 53-06.1-03 (2009); Ann. Rev. Code Wash. $ 9.46.0335 (2008). We note that the NCAA has conducted regional and national basketball events in Washington and Football Championship Series playoff games in Iowa. This certainly raises the question of why Montana would be penalized and these other states not.

Fantasy leagues also have nothing to do with the outcome of any sporting events. These leagues are based on the combined performance of individual players, irrespective of their team affiliation. Mont. Code Ann. $ 23-5-801. Moreover, points are assigned on the basis of performance of the individuals, not the teams. Indeed, league winners have nothing to do with which team wins or loses game. The statutes make it clear that they "do not . . . authorize betting or wagering on the outcome of an individual sports event." Mont. Code Ann. $ 23-5-806(1). For purposes of your inquiry, Montana's parimutuel fantasy sports on-line lottery game, as described in Mont. Code Ann. $$ 23-4-301(8) and 23-5-801 to -810, is
indistinguishable from the fantasy games conducted in person.

Fantasy sport games are, of course, ubiquitous in this country, whether specifically authorized by state law or not. In that respect Montana is actually better situated to prevent the kinds of abuses that concern the NCAA than other states are. If the NCAA were to penalize Montana for adopting a statute that allows but regulates fantasy games while not penalizing states that tacitly
allow the games without any regulation at all, its actions would be both arbitrary and unfair.

I understand and applaud the NCAA's grave concern that that sports wagering could "undermine the integrity of sports contests and jeopardize[] the well-being of student athletes and the intercollegiate athletics community." However, I am at a loss to see how the NCAA believes that wagering in the manner permitted by Montana law, as described above, could implicate those concerns.

For example, if Montana had authorized pool games, otherwise identical to our sports pools, that paid out on the basis of a grid composed vertically of the last digit of the Dow Jones average and horizontally of the last digit of the NASDAQ index, no one would seriously argue that the game undermined the integrity of the stock market. Respectfully, the NCAA's concern that Montana's style of sports gambling threatens the integrity of NCAA sports is similarly unreasonable.

Please let me know if you have questions about any facet of Montana gambling law. Montana has been the proud host to over 30 NCAA tournament games since 1991. We have a long history of supporting our student athletes, collegiate athletics and the NCAA. I hope the above information lays to rest the NCAA's concems and helps to put this issue behind us.

Sincerelv.
STEVE BULLOCK
Attorney General
c: David Aronofsky

So I was sitting at home yesterday when I got a phone call from Justin Roper. The former University of Oregon QB is transferring out of the program, and took a recruiting visit to Missoula last weekend. We had a chat for about 5 minutes and he really seemed to like his time in the Garden City. He said he would fit in well in the Grizzly's system, and was impressed with the academics at Montana. The former Sun Bowl hero still has 3 more visits to take, including UMASS and Eastern Kentucky.

Roper would like to make a decision before the 2nd summer school session starts, which is around July 6th. Because he has not taken any other visits, he could not give any odds on choosing Montana. However, he did seem to really like Bobby and the program. Since I was not in the office....I handed him over to Brett Denham who did a phone interview with him. To hear Roper's full thoughts on his trip to Missoula just click on "watch video".

~Greg
greg@maxmontana.com

Hey Cat Fans -

I caught up with MSU's recruiting coordinator Noah Joseph this afternoon to chat about the Cats latest signings: Safety Anthony Cosme and Wide Receiver Julius Lloyd.

No surprise: Coach Joseph expects both players to have an immediate impact on the team this year. That's Coach Ash's philosophy with JC transfers. If he was more interested in depth, he'd much rather take more high school players to be in the program for four years instead of just a quick fix JC player for two.

Coach Ash is in Iowa this week, so he was unavailable for comment.

Enjoy the video!

~ Dave Griffiths
dave@maxmontana.com

Former Oregon starting quarterback Justin Roper is transferring from the Ducks program, and the University of Montana is one of his top choices.

The 6'6" gunslinger is currently on campus for a visit at U-M. He would be a Junior next year...so transferring to an F-C-S school would give him the option of playing two years. I talked to his dad today ( you can hear his thoughts by clicking on watch video) and he said that Justin is just looking for an opportunity to play.

Roper is more of a drop back passer, and the new scheme at Oregon is more spread out than when he was originally recruited. His dad used to coach at Georgia Tech and his old contacts gave the Grizzlies a very good recommendation.

This is only his first visit so its no guarantee that he will be joining the Griz in the fall. However, Montana's system seems to be a perfect fit for his skill set and his dad seemed to think very highly of the Grizzlies.

We hope to talk to Roper after his visit is done...and will have more later on in the weekend.

~Greg
greg@maxmontana.com

There have been rumors lately that MSU football commit Chris Wilson might get out of his scholarship to run track in the Pac-10. I did a story about him this afternoon (5/28) and he told me he did have offers, but has decided to honor his commitment to Montana St.

Wilson will try to break the state record in the 100 meter dash this weekend in Kalispell. Click on the watch video link to see a profile about the senior speedster.

~Greg
greg@maxmontana.com

I caught up with Peter Fields for a very quick interview this afternoon about the annual Big Sky spring meetings.

Several cost-savings measures were approved and estimated to save roughly $415,000 for the Conference, or $46,000 per school during the 2009-10 academic year.

- Officials voted to reduce the number of championship competitors from six to four teams in volleyball, and men's and women's tennis.

- The league will also move to a Friday-Saturday schedule for men's and women's regular-season basketball, in an attempt to reduce missed class time and reduce travel costs. In April, the Conference announced volleyball would also use a Friday-Saturday schedule. Doubleheader trips involving contests in Flagstaff, Ariz., will continue to be played in a traditional Thursday-Saturday format for all three sports.

- Basketball teams will be able to take 17 players, coaches and administrators to road games. A proposal to limit volleyball teams to 15 in their travel parties was defeated, as were reductions on soccer and football travel parties.

- Air travel will not be allowed for road trips less than 450 miles.


Other measures passed:

- The conference golf championship will be played at the Ocotillo Golf Resort in Chandler, Ariz., in 2010, 2011, 2012.

- The conference tennis championship will return to Sacramento in 2010.

- The conference will continue to televise a men's basketball game of the week on Altitude Sports & Entertainment.

~ Dave Griffiths
dave@maxmontana.com

In covering a high school softball tournament, you're sure to see your fair share of bad calls.

This one was the worst. Warning: If you're a fan of the game, this will make you puke in your mouth.

I'd say "enjoy", but I know you won't.

~ Dave Griffiths
dave@maxmontana.com

Parlez vous Francais?

Montana State Men's Basketball Coach Brad Huse announced today a pair of France natives and a par of Treasure State walk-ons will be joining the Bobcats next season.

Center Michel Swita (MEE-shell SVEE-tuh) transfers to MSU from North Idaho College in Coeur d'Alene, while guard Marco Bougault (MARK-oh bore-GO) joins the Bobcats from Europe human School in France. Whitefish's Colt Idol and Steven Davis from Billings Skyview are the two in-state recruits.

Some quick measureables:
Swita - 7', 270lb
Bougault - 6'5", 200lb
Davis - 6'7", 225lb
Idol - 6'3", 200lb

I caught up with Brad Huse today to chat about this incoming class. Click the link above to hear what he had to say.

The NCAA released it APR for the 2007-2008 season, and for the first time in a long time it was good news for Montana St. For the first time in his tenure, Rob Ash has all 63 scholarships to work with.

Here is the full APR for all of Montana St. athletics

http://web1.ncaa.org/app_data/apr2008/440_2008_apr.pdf

The APR scores also good for the Griz. Montana received passing grades across the board with basketball leading the way for the men and golf for the women.

Here is the full APR for all Montana athletics

http://web1.ncaa.org/app_data/apr2008/441_2008_apr.pdf

~Greg
greg@maxmontana.com

Legal mumbo-jumbo version: According to the NCAA, Montana State's "improved academic performance," "steady improvement," and ability to meet its "goal APR number and (implement) the Imrpovement Plan" developed for football triggered the relief from mandated penalties.

What you need to know: The Bobcats now have the full allotment of 63 football scholarships for next season.

In fact, MSU showed increases almost across the board in terms of APR with 12 of the University's 14 athletic programs increasing their scores from a year ago. Remember: the APR is a four year average. Women's golf led the way with an APR score of 992. The NCAA minimum benchmark is 925. MSU football is still below that number at 892, but this past year (2007-2008) the team scored a 941. According to MSU Sports Information, the team's four year individual numbers are 941, 903, 856, and 869.

The APR is a measurement facoring the academic success and retention of student-athletes.

I chatted with MSU Athletic Director Peter Fields today about this report. I'll upload that interview as soon as I can.