§ 23-115-205 - Commission powers.
23-115-205. Commission powers.
(a) The Arkansas Lottery Commission has all powers necessary or convenient to its usefulness in carrying out this chapter that are not in conflict with the Arkansas Constitution or the United States Constitution, including without limitation the following powers:
(1) To adopt and alter a seal;
(2) To adopt, amend, and repeal rules for the regulation of its affairs and the conduct of its business, to prescribe the duties of officers and employees of the commission, and to perform other matters as the commission determines;
(3) To bring suits to enforce demands of the state under this chapter;
(4) To procure or to provide insurance;
(5) To hold copyrights, trademarks, and service marks and to enforce the commission's rights with respect to those copyrights, trademarks, and service marks;
(6) To initiate, supervise, and administer the operation of lotteries in accordance with this chapter and rules adopted under this chapter;
(7) To enter into written agreements with one (1) or more other states or sovereigns for the operation, participation in marketing, and promotion of multistate or multisovereign games;
(8) To conduct market research as necessary or appropriate;
(9) To acquire or lease real property and make improvements to the real property and acquire by lease or by purchase personal property, including without limitation:
(A) Computers;
(B) Mechanical, electronic, and online equipment and terminals;
(C) Intangible property, including without limitation computer programs, computer systems, and computer software; and
(D) Broadcast equipment;
(10) To administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the commission;
(11) To employ:
(A) The Director of the Arkansas Lottery Commission; and
(B) (i) An internal auditor.
(ii) The commission shall determine the duties and responsibilities of the internal auditor.
(iii) The internal auditor shall report directly to the commission;
(12) To select and contract with vendors;
(13) To select and license retailers;
(14) To enter into contracts or agreements with state or local law enforcement agencies for the performance of law enforcement, background investigations, and security checks;
(15) To conduct background investigations and, if considered necessary by the commission, credit investigations on each potential vendor and retailer;
(16) To supervise ticket or share validation and lottery drawings;
(17) To inspect at times determined solely by the commission the facilities of a vendor or a retailer to determine:
(A) The integrity of the vendor's product or the operations of the retailer; and
(B) Whether the vendor or the retailer is in compliance with its contract or license;
(18) To report any suspected violation of this chapter to the appropriate prosecuting attorney or the Attorney General and to any law enforcement agencies having jurisdiction over the violation;
(19) Upon request, to provide assistance to the Chief Fiscal Officer of the State, the Legislative Auditor, the appropriate prosecuting attorney, the Attorney General, or a law enforcement agency investigating a violation of this chapter;
(20) To enter into contracts of terms and conditions that the commission determines;
(21) To establish and maintain banking relationships associated with the maintenance and investment of lottery proceeds, including without limitation the establishment of checking and savings accounts and trust funds;
(22) (A) To advertise and promote lotteries and scholarships and grants funded by net proceeds.
(B) The commission shall seek the advice of the Department of Higher Education when advertising to promote scholarships and grants funded by net proceeds;
(23) To approve, disapprove, amend, or modify the budget recommended by the director for the operation of the commission;
(24) To act as a retailer and to establish and operate a sales facility to conduct promotions that involve the sale of tickets or shares and any related merchandise;
(25) (A) To contract with one (1) or more independent testing laboratories to scientifically test and technically evaluate lottery games, lottery terminals, and lottery operating systems.
(B) An independent testing laboratory shall:
(i) Have a national reputation that is demonstrably competent; and
(ii) Be qualified to scientifically test and evaluate all components of a lottery game, lottery terminal, or lottery operating system.
(C) An independent testing laboratory shall not be owned or controlled by a vendor or a retailer;
(26) To withhold state and federal income taxes as required by law; and
(27) To adopt and amend rules necessary to carry out and implement its powers and duties, organize and operate the commission, regulate the conduct of lotteries in general, and any other matters necessary or desirable for the efficient and effective operation of lotteries for the convenience of the public.
(b) The powers enumerated in subsection (a) of this section:
(1) Are in addition to those powers of the commission enumerated elsewhere in this chapter; and
(2) Do not limit or restrict any other powers of the commission.
(c) The commission may delegate to one (1) or more of its members, to the director, or to any agent or employee of the commission powers and duties as it deems proper.