§ 42-61-4 - Powers and duties of director.
SECTION 42-61-4
§ 42-61-4 Powers and duties of director.– The director shall have the power and it shall be his or her duty to:
(1) Supervise and administer the operation of lotteries inaccordance with this chapter, chapter 61.2 of this title and with the rules andregulations of the division;
(2) Act as the chief administrative officer having generalcharge of the office and records and to employ necessary personnel to serve athis or her pleasure and who shall be in the unclassified service and whosesalaries shall be set by the director of the department of revenue, pursuant tothe provisions of § 42-61-3.
(3) In accordance with this chapter and the rules andregulations of the division, license as agents to sell lottery tickets thosepersons, as in his or her opinion, who will best serve the public convenienceand promote the sale of tickets or shares. The director may require a bond fromevery licensed agent, in an amount provided in the rules and regulations of thedivision. Every licensed agent shall prominently display his or her license, ora copy of their license, as provided in the rules and regulations of thecommittee;
(4) Confer regularly as necessary or desirable, and not lessthan nine (9) times per year, with the permanent joint committee on statelottery on the operation and administration of the lotteries; make availablefor inspection by the committee, upon request, all books, records, files, andother information, and documents of the division; advise the committee andrecommend those matters that he or she deems necessary and advisable to improvethe operation and administration of the lotteries;
(5) Suspend or revoke any license issued pursuant to thischapter, chapter 61.2 of this title or the rules and regulations promulgatedunder this chapter and chapter 61.2 of this title;
(6) Enter into contracts for the operation of the lotteries,or any part of the operation of the lotteries, and into contracts for thepromotion of the lotteries;
(7) Ensure that monthly financial reports are preparedproviding gross monthly revenues, prize disbursements, other expenses, netincome, and the amount transferred to the state general fund for keno and forall other lottery operations; submit this report to the state budget officer,the auditor general, the permanent joint committee on state lottery, thelegislative fiscal advisors, and the governor no later than the twentiethbusiness day following the close of the month; the monthly report shall beprepared in a manner prescribed by the members of the revenues estimatingconference; at the end of each fiscal year the director shall submit an annualreport based upon an accrual system of accounting which shall include a fulland complete statement of lottery revenues, prize disbursements and expenses,to the governor and the general assembly, which report shall be a publicdocument and shall be filed with the secretary of state;
(8) Carry on a continuous study and investigation of thestate lotteries throughout the state, and the operation and administration ofsimilar laws, which may be in effect in other states or countries;
(9) Implement the creation and sale of commercial advertisingspace on lottery tickets as authorized by § 42-61-4 of this chapter assoon as practicable after June 22, 1994;
(10) Promulgate rules and regulations, which shall include,but not be limited to:
(i) The price of tickets or shares in the lotteries;
(ii) The number and size of the prizes on the winning ticketsor shares;
(iii) The manner of selecting the winning tickets or shares;
(iv) The manner of payment of prizes to the holders ofwinning tickets or shares;
(v) The frequency of the drawings or selections of winningtickets or shares;
(vi) The number and types of location at which tickets orshares may be sold;
(vii) The method to be used in selling tickets or shares;
(viii) The licensing of agents to sell tickets or shares,except that a person under the age of eighteen (18) shall not be licensed as anagent;
(ix) The license fee to be charged to agents;
(x) The manner in which the proceeds of the sale of lotterytickets or shares are maintained, reported, and otherwise accounted for;
(xi) The manner and amount of compensation to be paidlicensed sales agents necessary to provide for the adequate availability oftickets or shares to prospective buyers and for the convenience of the generalpublic;
(xii) The apportionment of the total annual revenue accruingfrom the sale of lottery tickets or shares and from all other sources for thepayment of prizes to the holders of winning tickets or shares, for the paymentof costs incurred in the operation and administration of the lotteries,including the expense of the division and the costs resulting from any contractor contracts entered into for promotional, advertising, consulting, oroperational services or for the purchase or lease of facilities, lotteryequipment, and materials, for the repayment of moneys appropriated to thelottery fund;
(xiii) The superior court upon petition of the director aftera hearing may issue subpoenas to compel the attendance of witnesses and theproduction of documents, papers, books, records, and other evidence in anymatter over which it has jurisdiction, control or supervision. If a personsubpoenaed to attend in the proceeding or hearing fails to obey the command ofthe subpoena without reasonable cause, or if a person in attendance in theproceeding or hearing refuses without lawful cause to be examined or to answera legal or pertinent question or to exhibit any book, account, record, or otherdocument when ordered to do so by the court, that person may be punished forcontempt of the court;
(xiv) The manner, standards, and specification for a processof competitive bidding for division purchases and contracts; and
(xv) The sale of commercial advertising space on the reverseside of, or in other available areas upon, lottery tickets provided that allnet revenue derived from the sale of the advertising space shall be depositedimmediately into the state's general fund and shall not be subject to theprovisions of § 42-61-15.