HF 1355

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to gambling; abolishing the Minnesota racing 
  1.3             commission, the gambling control board, and the state 
  1.4             lottery board; creating a gambling regulation board 
  1.5             and transferring the responsibilities of the abolished 
  1.6             commission and boards to it; providing for the 
  1.7             regulation and control of the state lottery and its 
  1.8             employees by the gambling regulation board; making 
  1.9             conforming changes; amending Minnesota Statutes 1994, 
  1.10            sections 10A.01, subdivision 18; 10A.09, subdivision 
  1.11            1; 240.01, by adding a subdivision; 240.011; 240.04; 
  1.12            349.12, subdivision 10; 349.152, subdivisions 1 and 2; 
  1.13            349A.01, subdivisions 2 and 5; 349A.03, subdivision 2, 
  1.14            and by adding a subdivision; 349A.04; 349A.05; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 349A; proposing coding for new law as 
  1.17            Minnesota Statutes, chapter 349C; repealing Minnesota 
  1.18            Statutes 1994, sections 240.01, subdivision 4; 240.02; 
  1.19            349.151, subdivisions 1, 2, 3a, and 5; 349A.02; and 
  1.20            349A.03, subdivision 1. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22                             ARTICLE 1
  1.23                  BOARDS AND COMMISSION ABOLISHED
  1.24     Section 1.  [RACING COMMISSION, GAMBLING CONTROL BOARD, AND 
  1.25  LOTTERY BOARD ABOLISHED; RESPONSIBILITIES TRANSFERRED.] 
  1.26     The Minnesota racing commission, the gambling control 
  1.27  board, and the state lottery board are abolished.  Except as 
  1.28  otherwise provided in this act, the responsibilities of the 
  1.29  commission and the boards are transferred under Minnesota 
  1.30  Statutes, section 15.039, to the gambling regulation board, 
  1.31  established in article 2. 
  1.32                             ARTICLE 2
  1.33                     GAMBLING REGULATION BOARD 
  2.1      Section 1.  [349C.01] [GAMBLING REGULATION BOARD.] 
  2.2      Subdivision 1.  [CREATION.] (a) The gambling regulation 
  2.3   board is an agency in the executive branch of state government.  
  2.4   The board consists of seven members appointed by the governor; 
  2.5   one member appointed by the commissioner of public safety; and 
  2.6   one member appointed by the attorney general. 
  2.7      (b) All appointments under this subdivision are with the 
  2.8   advice and consent of the senate. 
  2.9      (c) Appointments are for a term of four years. 
  2.10     (d) The board shall select one of its members to serve as 
  2.11  chair.  No more than four members appointed by the governor 
  2.12  under this subdivision may belong to the same political party. 
  2.13     Subd. 2.  [POWERS AND DUTIES.] The powers and duties of the 
  2.14  board are as specified in chapters 240, 349, and 349A, as well 
  2.15  as other powers and duties imposed by law. 
  2.16     Subd. 3.  [ATTORNEY GENERAL.] The attorney general is the 
  2.17  attorney for the board. 
  2.18     Sec. 2.  [APPROPRIATION REDUCTION.] 
  2.19     The appropriation for the gambling regulation board for the 
  2.20  biennium beginning July 1, 1995, must be reduced by $....... in 
  2.21  the first year and $....... in the second year from the combined 
  2.22  appropriation for the previous biennium for the commission and 
  2.23  boards abolished by article 1. 
  2.24     Sec. 3.  [REPEALER.] 
  2.25     Minnesota Statutes 1994, sections 240.02; 349.151, 
  2.26  subdivisions 1, 2, and 3a; and 349A.03, subdivision 1, are 
  2.27  repealed. 
  2.28                             ARTICLE 3
  2.29                       CONFORMING AMENDMENTS
  2.30     Section 1.  Minnesota Statutes 1994, section 10A.01, 
  2.31  subdivision 18, is amended to read: 
  2.32     Subd. 18.  "Public official" means any: 
  2.33     (a) member of the legislature; 
  2.34     (b) constitutional officer in the executive branch and the 
  2.35  officer's chief administrative deputy; 
  2.36     (c) member, chief administrative officer or deputy chief 
  3.1   administrative officer of a state board or commission which has 
  3.2   at least one of the following powers:  (i) the power to adopt, 
  3.3   amend or repeal rules, or (ii) the power to adjudicate contested 
  3.4   cases or appeals; 
  3.5      (d) commissioner, deputy commissioner, or assistant 
  3.6   commissioner of any state department as designated pursuant to 
  3.7   section 15.01; 
  3.8      (e) individual employed in the executive branch who is 
  3.9   authorized to adopt, amend or repeal rules or adjudicate 
  3.10  contested cases; 
  3.11     (f) executive director of the state board of investment; 
  3.12     (g) executive director of the Indian affairs intertribal 
  3.13  board; 
  3.14     (h) commissioner of the iron range resources and 
  3.15  rehabilitation board; 
  3.16     (i) commissioner of mediation services; 
  3.17     (j) deputy of any official listed in clauses (e) to (i); 
  3.18     (k) judge of the workers' compensation court of appeals; 
  3.19     (l) administrative law judge or compensation judge in the 
  3.20  state office of administrative hearings or referee in the 
  3.21  department of economic security; 
  3.22     (m) solicitor general or deputy, assistant or special 
  3.23  assistant attorney general; 
  3.24     (n) individual employed by the legislature as secretary of 
  3.25  the senate, legislative auditor, chief clerk of the house, 
  3.26  revisor of statutes, or researcher, legislative analyst, or 
  3.27  attorney in the office of senate counsel and research or house 
  3.28  research; 
  3.29     (o) member, regional administrator, division director, 
  3.30  general counsel, or operations manager of the metropolitan 
  3.31  council; 
  3.32     (p) the director gambling regulation board's directors of 
  3.33  the pari-mutuel racing commission, the director of the gambling 
  3.34  control board, and the director of the state lottery, and the 
  3.35  deputy director of the state lottery; 
  3.36     (q) director of the division of gambling enforcement in the 
  4.1   department of public safety; 
  4.2      (r) member or executive director of the higher education 
  4.3   facilities authority; 
  4.4      (s) member of the board of directors or president of the 
  4.5   Minnesota world trade center corporation; or 
  4.6      (t) member or chief administrator of a metropolitan agency. 
  4.7      Sec. 2.  Minnesota Statutes 1994, section 10A.09, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [TIME FOR FILING.] Except for a candidate 
  4.10  for elective office in the judicial branch, an individual shall 
  4.11  file a statement of economic interest with the board: 
  4.12     (1) within 60 days of accepting employment as a public 
  4.13  official or a local official in a metropolitan governmental 
  4.14  unit; 
  4.15     (2) within 14 days after filing an affidavit of candidacy 
  4.16  or petition to appear on the ballot for an elective public 
  4.17  office or an elective local office in a metropolitan 
  4.18  governmental unit; 
  4.19     (3) in the case of a public official requiring the advice 
  4.20  and consent of the senate, within 14 days after undertaking the 
  4.21  duties of office; or 
  4.22     (4) in the case of members of the Minnesota racing 
  4.23  commission, the gambling regulation board and its director of 
  4.24  the Minnesota pari-mutuel racing commission, chief supervisor 
  4.25  of security, medical officer, inspector supervisor of 
  4.26  pari-mutuels, and stewards employed or approved by 
  4.27  the commission board or persons who fulfill those duties under 
  4.28  contract, within 60 days of accepting or assuming duties. 
  4.29     Sec. 3.  Minnesota Statutes 1994, section 240.01, is 
  4.30  amended by adding a subdivision to read: 
  4.31     Subd. 4a.  [BOARD.] "Board" means the gambling regulation 
  4.32  board. 
  4.33     Sec. 4.  Minnesota Statutes 1994, section 240.011, is 
  4.34  amended to read: 
  4.35     240.011 [APPOINTMENT OF DIRECTOR.] 
  4.36     The governor shall appoint, with the advice and consent of 
  5.1   the senate, the director of the Minnesota pari-mutuel racing 
  5.2   commission for the gambling regulation board, who serves in the 
  5.3   unclassified service at the governor's pleasure.  The director 
  5.4   must be a person qualified by experience in the administration 
  5.5   and regulation of pari-mutuel racing to discharge the duties of 
  5.6   the director.  The governor must select a director from a list 
  5.7   of one or more names submitted by the Minnesota racing 
  5.8   commission gambling regulation board.  
  5.9      Sec. 5.  Minnesota Statutes 1994, section 240.04, is 
  5.10  amended to read: 
  5.11     240.04 [EMPLOYEES.] 
  5.12     Subdivision 1.  [DIRECTOR; DUTIES.] The director shall 
  5.13  perform the following duties relating to pari-mutuel racing:  
  5.14     (a) take and preserve records of all proceedings before the 
  5.15  commission board, maintain its books, documents, and records, 
  5.16  and make them available for public inspection as the commission 
  5.17  board directs; 
  5.18     (b) if so designated by the commission board, act as a 
  5.19  hearing officer in hearings which need not be conducted under 
  5.20  the administrative procedure act to conduct hearings, receive 
  5.21  testimony and exhibits, and certify the record of proceedings to 
  5.22  the commission board; 
  5.23     (c) act as the commission's board's chief personnel officer 
  5.24  and supervise the employment, conduct, duties, and discipline of 
  5.25  commission employees; and 
  5.26     (d) perform other duties as directed by the commission 
  5.27  board.  
  5.28     Subd. 1a.  [DEPUTY DIRECTOR.] The commission may appoint a 
  5.29  deputy director who serves in the unclassified service at the 
  5.30  commission's pleasure. 
  5.31     Subd. 2.  [DIRECTOR SUPERVISOR OF PARI-MUTUELS.] The 
  5.32  commission board may employ a director supervisor of 
  5.33  pari-mutuels who serves in the unclassified service at the 
  5.34  commission's board's pleasure.  The director of pari-mutuels 
  5.35  supervisor shall perform the following duties:  
  5.36     (a) supervise all forms of pari-mutuel betting on horse 
  6.1   racing in the state; 
  6.2      (b) inspect all machinery; 
  6.3      (c) make reports on pari-mutuel betting as the commission 
  6.4   board directs; 
  6.5      (d) subject to commission board approval, appoint 
  6.6   assistants to perform duties the commission board designates; 
  6.7   and 
  6.8      (e) perform other duties as directed by the commission 
  6.9   board.  
  6.10     If no director supervisor of pari-mutuels is appointed the 
  6.11  duties of that office are assigned to the executive director.  
  6.12  The commission board may contract with outside services or 
  6.13  personnel to assist the executive director in the performance of 
  6.14  these duties. 
  6.15     Subd. 3.  [DIRECTOR SUPERVISOR OF RACING SECURITY.] The 
  6.16  commission board may appoint a director supervisor of racing 
  6.17  security to serve in the unclassified service at 
  6.18  the commission's board's pleasure.  The director supervisor of 
  6.19  racing security shall enforce all laws and commission board 
  6.20  rules relating to the security and integrity of racing.  The 
  6.21  director supervisor of racing security and all other persons 
  6.22  designated by the commission board as security officers have 
  6.23  free and open access to all areas of all facilities 
  6.24  the commission board licenses and may search without a search 
  6.25  warrant any part of a licensed racetrack and the person of any 
  6.26  licensee of the commission board on the premises.  The director 
  6.27  supervisor of racing security may order a licensee to take, at 
  6.28  the licensee's expense, security measures necessary to protect 
  6.29  the integrity of racing, but the order may be appealed to the 
  6.30  commission board.  Nothing in this chapter prohibits law 
  6.31  enforcement authorities and agents from entering, in the 
  6.32  performance of their duties, a premises licensed under Laws 
  6.33  1983, chapter 214 this chapter.  
  6.34     If no director supervisor of racing security is appointed 
  6.35  the duties of that office are assigned to the executive 
  6.36  director.  The commission board may contract with outside 
  7.1   services or personnel to assist the executive director in the 
  7.2   performance of these duties. 
  7.3      Subd. 4.  [VETERINARIAN.] The commission board may appoint 
  7.4   a veterinarian who must be a doctor of veterinary medicine and 
  7.5   who serves at its pleasure in the unclassified service.  The 
  7.6   veterinarian shall, while employed by the commission board, 
  7.7   perform the following duties:  
  7.8      (a) supervise the formulation, administration, and 
  7.9   evaluation of all medical tests the commission's board's rules 
  7.10  require or authorize; 
  7.11     (b) advise the commission board on all aspects of 
  7.12  veterinary medicine relating to its powers and duties; and 
  7.13     (c) supervise all personnel involved in medical testing, 
  7.14  subject to the supervision of the executive director.  
  7.15     If no veterinarian is appointed, the duties of that office 
  7.16  may be assigned to the executive director.  The commission board 
  7.17  may contract with outside personnel to assist the executive 
  7.18  director in the performance of these duties.  
  7.19     The commission board may require that a licensee reimburse 
  7.20  it for the costs of services provided by assistant veterinarians.
  7.21     Subd. 5.  [OTHER EMPLOYEES.] Subject to applicable laws, 
  7.22  the commission board shall employ and assign duties to other 
  7.23  officers, employees, and agents as it deems necessary to 
  7.24  discharge its functions.  
  7.25     Subd. 6.  [COMPENSATION.] The compensation of all 
  7.26  commission board employees shall be as provided in chapter 43A.  
  7.27     Subd. 7.  [ASSISTANCE.] The commission board and director 
  7.28  may request assistance from any department or agency of the 
  7.29  state in fulfilling its duties, and shall make appropriate 
  7.30  reimbursement for all such assistance.  
  7.31     Sec. 6.  Minnesota Statutes 1994, section 349.12, 
  7.32  subdivision 10, is amended to read: 
  7.33     Subd. 10.  [DIRECTOR.] "Director" is the director of lawful 
  7.34  gambling for the gambling control regulation board.  
  7.35     Sec. 7.  Minnesota Statutes 1994, section 349.152, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [APPOINTED.] The governor shall appoint, 
  8.2   with the advice and consent of the senate, a director of lawful 
  8.3   gambling for the gambling regulation board from a list of one or 
  8.4   more persons submitted by the board.  The director serves in the 
  8.5   unclassified service at the pleasure of the governor.  
  8.6      Sec. 8.  Minnesota Statutes 1994, section 349.152, 
  8.7   subdivision 2, is amended to read: 
  8.8      Subd. 2.  [DUTIES OF THE DIRECTOR.] The director has the 
  8.9   following duties relating to lawful gambling: 
  8.10     (1) to carry out gambling policy established by the board; 
  8.11     (2) to employ and supervise personnel of the board; 
  8.12     (3) to advise and make recommendations to the board on 
  8.13  rules; 
  8.14     (4) to issue licenses and premises permits as authorized by 
  8.15  the board; 
  8.16     (5) to issue cease and desist orders; 
  8.17     (6) to make recommendations to the board on license 
  8.18  issuance, denial, censure, suspension and revocation, civil 
  8.19  penalties, and corrective action the board imposes; 
  8.20     (7) to ensure that board rules, policy, and decisions are 
  8.21  adequately and accurately conveyed to the board's licensees; 
  8.22     (8) to conduct investigations, inspections, compliance 
  8.23  reviews, and audits under this chapter; and 
  8.24     (9) to issue subpoenas to compel the attendance of 
  8.25  witnesses and the production of documents, books, records, and 
  8.26  other evidence relating to an investigation, compliance review, 
  8.27  or audit the director is authorized to conduct. 
  8.28     Sec. 9.  Minnesota Statutes 1994, section 349A.01, 
  8.29  subdivision 2, is amended to read: 
  8.30     Subd. 2.  [BOARD.] "Board" is the state lottery gambling 
  8.31  regulation board.  
  8.32     Sec. 10.  Minnesota Statutes 1994, section 349A.01, 
  8.33  subdivision 5, is amended to read: 
  8.34     Subd. 5.  [DIRECTOR.] "Director" is the director of the 
  8.35  state lottery for the gambling regulation board. 
  8.36     Sec. 11.  Minnesota Statutes 1994, section 349A.03, is 
  9.1   amended by adding a subdivision to read: 
  9.2      Subd. 1a.  [STATE LOTTERY CREATED.] A state lottery is 
  9.3   established under the supervision and control of the gambling 
  9.4   regulation board. 
  9.5      Sec. 12.  Minnesota Statutes 1994, section 349A.03, 
  9.6   subdivision 2, is amended to read: 
  9.7      Subd. 2.  [BOARD DUTIES.] The board has the following 
  9.8   duties relating to the state lottery: 
  9.9      (1) to advise the director on regulate all aspects of the 
  9.10  lottery; 
  9.11     (2) to review and comment on adopt rules and game 
  9.12  procedures adopted recommended by the director; 
  9.13     (3) review and comment on enter into lottery procurement 
  9.14  contracts; 
  9.15     (4) review and comment on enter into agreements between the 
  9.16  director and with one or more other government-authorized 
  9.17  lotteries relating to, or with an organization created and 
  9.18  controlled by those lotteries, for the operation, marketing, and 
  9.19  promotion of a joint lottery; and 
  9.20     (5) to review adopt and comment on publish advertising 
  9.21  promulgated by the director at least quarterly to ensure that 
  9.22  all advertising is and promotional materials consistent with the 
  9.23  dignity of the state and with section 349A.09; and 
  9.24     (6) take all necessary steps to ensure the integrity of, 
  9.25  and public confidence in, the state lottery.  
  9.26     Sec. 13.  [349A.035] [EMPLOYEES.] 
  9.27     Subdivision 1.  [DIRECTOR.] The governor may appoint, with 
  9.28  the advice and consent of the senate, a director who serves in 
  9.29  the unclassified service at the governor's pleasure.  The 
  9.30  director must be qualified by experience and training to 
  9.31  supervise the lottery.  The director shall perform the following 
  9.32  duties relating to the state lottery: 
  9.33     (1) take and preserve records of all proceedings before the 
  9.34  board, maintain its books, documents, and records, and make them 
  9.35  available for public inspection, as the board directs; 
  9.36     (2) act as the board's chief personnel officer and 
 10.1   supervise the employment, conduct, duties, and discipline of 
 10.2   board employees; and 
 10.3      (3) perform other duties as directed by the board. 
 10.4      Subd. 2.  [OTHER EMPLOYEES.] The board may appoint other 
 10.5   personnel as necessary to operate the state lottery in 
 10.6   accordance with chapter 43A.  At least one position in the 
 10.7   lottery must be an attorney position and the board shall employ 
 10.8   in that position an attorney to perform legal services for the 
 10.9   lottery.  
 10.10     Subd. 3.  [INCENTIVE PLAN.] Subject to the provisions of 
 10.11  section 43A.18, subdivision 1, the board may develop and 
 10.12  implement a plan for making incentive payments to employees of 
 10.13  the lottery whose primary responsibilities are in marketing. 
 10.14     Subd. 4.  [EMPLOYEES; BACKGROUND CHECKS.] The board shall 
 10.15  conduct background checks, or request the director of gambling 
 10.16  enforcement to conduct background checks, on all prospective 
 10.17  employees who are finalists, and shall require that all 
 10.18  employees of the lottery be fingerprinted.  No person may be 
 10.19  employed by the lottery who has been convicted of a felony or a 
 10.20  crime involving fraud or misrepresentation within five years of 
 10.21  starting employment with the lottery, or has ever been convicted 
 10.22  of a gambling-related offense.  The board has access to all 
 10.23  criminal history data compiled by the lottery of gambling 
 10.24  enforcement on employees and prospective employees of the 
 10.25  lottery.  The board may employ necessary persons pending the 
 10.26  completion of a background check. 
 10.27     Subd. 5.  [ASSISTANCE.] (a) The board and the director may 
 10.28  request any other department or agency of the state, including 
 10.29  the division of gambling enforcement, to provide reasonable 
 10.30  assistance in carrying out the board's or director's duties.  
 10.31  All provision of services from another state agency, must be by 
 10.32  agreement made between the board and the agency.  An agreement 
 10.33  must include provisions specifying the duration of the services, 
 10.34  the assignment of personnel of other agencies to provide the 
 10.35  services, the determination of the cost of the services, and the 
 10.36  transfer, from the lottery operations account to the agency, of 
 11.1   funds sufficient to pay the costs of the services. 
 11.2      (b) The board may enter into agreements with the 
 11.3   commissioner of finance for the purpose of making payroll and 
 11.4   other financial transactions.  
 11.5      Sec. 14.  Minnesota Statutes 1994, section 349A.04, is 
 11.6   amended to read: 
 11.7      349A.04 [LOTTERY GAME PROCEDURES.] 
 11.8      The director board may adopt game procedures governing the 
 11.9   following elements of the lottery: 
 11.10     (1) lottery games; 
 11.11     (2) ticket prices; 
 11.12     (3) number and size of prizes; 
 11.13     (4) methods of selecting winning tickets; and 
 11.14     (5) frequency and method of drawings. 
 11.15     The adoption of lottery game procedures is not subject to 
 11.16  chapter 14.  Before adopting a lottery game procedure, the 
 11.17  director shall submit the procedure to the board for its review 
 11.18  and comment. 
 11.19     Sec. 15.  Minnesota Statutes 1994, section 349A.05, is 
 11.20  amended to read: 
 11.21     349A.05 [RULES.] 
 11.22     The director board may adopt rules, including emergency 
 11.23  rules, under chapter 14 governing the following elements of the 
 11.24  lottery: 
 11.25     (1) the number and types of lottery retailers' locations; 
 11.26     (2) qualifications of lottery retailers and application 
 11.27  procedures for lottery retailer contracts; 
 11.28     (3) investigation of lottery retailer applicants; 
 11.29     (4) appeal procedures for denial, suspension, or 
 11.30  cancellation of lottery retailer contracts; 
 11.31     (5) compensation of lottery retailers; 
 11.32     (6) accounting for and deposit of lottery revenues by 
 11.33  lottery retailers; 
 11.34     (7) procedures for issuing lottery procurement contracts 
 11.35  and for the investigation of bidders on those contracts; 
 11.36     (8) payment of prizes; 
 12.1      (9) procedures needed to ensure the integrity and security 
 12.2   of the lottery; and 
 12.3      (10) other rules the director board considers necessary for 
 12.4   the efficient operation and administration of the lottery.  
 12.5      Before adopting a rule the director shall submit the rule 
 12.6   to the board for its review and comment.  
 12.7      Sec. 16.  [REVISOR'S INSTRUCTION.] 
 12.8      The revisor of statutes shall make the following changes in 
 12.9   Minnesota Statutes and Minnesota Rules to conform to the 
 12.10  legislature's intent as expressed in this act: 
 12.11     (1) "Minnesota racing commission," "commission," or similar 
 12.12  term to "gambling regulation board," "board," or similar term 
 12.13  when referring to pari-mutuel racing; 
 12.14     (2) "gambling control board" or similar term to "gambling 
 12.15  regulation board" or similar term when referring to lawful 
 12.16  gambling; and 
 12.17     (3) "state lottery board" or similar term to "gambling 
 12.18  regulation board" or similar term when referring to the state 
 12.19  lottery. 
 12.20     Sec. 17.  [TRANSITIONAL PROVISIONS.] 
 12.21     (a) Notwithstanding Minnesota Statutes, section 349C.01, a 
 12.22  member of the gambling control board on the effective date of 
 12.23  this act continues as a member of the gambling regulation board 
 12.24  for the remainder of the member's term. 
 12.25     (b) The directors of the Minnesota racing commission, 
 12.26  gambling control board, and the state lottery continue in those 
 12.27  positions for the gambling regulation board and are subject to 
 12.28  the provisions of this act on and after that date. 
 12.29     Sec. 18.  [REPEALER.] 
 12.30     Minnesota Statutes 1994, sections 240.01, subdivision 4; 
 12.31  349.151, subdivision 5; and 349A.02, are repealed. 
 12.32     Sec. 19.  [EFFECTIVE DATE.] 
 12.33     This act is effective July 1, 1995.