2000 Minnesota Statutes

     349A.02 State lottery. 

    Subdivision 1.    Director.  A state lottery is 
 established under the supervision and control of the director of 
 the state lottery appointed by the governor with the advice and 
 consent of the senate.  The director must be qualified by 
 experience and training in the operation of a lottery to 
 supervise the lottery.  The director serves in the unclassified 
 service.  The annual salary rate authorized for the director is 
 equal to 95 percent of the salary rate prescribed for the 
 governor. 

    Subd. 2.    Removal.  (a) The director may be removed 
 from that position only by the governor after notice and a 
 hearing if requested, only for: 

    (1) violating section 349A.11; 

    (2) malfeasance, nonfeasance, or misfeasance as defined in 
 section 351.14, subdivisions 2, 3, and 4; or 

    (3) failure to perform adequately the duties of the 
 director.  

    (b) For the purposes of this subdivision, adequate 
 performance of the director may be determined by:  

    (1) gross revenue from the sale of lottery tickets; 

    (2) efficiency of the administration of lottery operations; 

    (3) public confidence in the integrity of the lottery; and 

    (4) compliance with advertising requirements in section 
 349A.09. 

    A hearing under this subdivision must be conducted by the 
 governor.  

    Subd. 3.    Powers and duties.  In operating the lottery 
 the director shall exercise the following powers and duties: 

    (1) adopt rules and game procedures; 

    (2) issue lottery retailer contracts and rule on appeals of 
 decisions relating to those contracts; 

    (3) enter into lottery procurement contracts for the 
 provision of goods and services to the lottery; 

    (4) employ personnel as are required to operate the 
 lottery; 

    (5) enter into written agreements with one or more 
 government-authorized lotteries, or with an organization created 
 and controlled by those lotteries, for the operation, marketing, 
 and promotion of a joint lottery; 

    (6) adopt and publish advertising and promotional materials 
 consistent with section 349A.09; and 

    (7) take all necessary steps to ensure the integrity of, 
 and public confidence in, the state lottery. 

    Subd. 4.    Employees.  The director may appoint other 
 personnel as necessary to operate the state lottery in 
 accordance with chapter 43A.  At least one position in the 
 lottery must be an attorney position and the director shall 
 employ in that position an attorney to perform legal services 
 for the lottery.  

    Subd. 5.    Incentive plan.  Subject to the provisions 
 of section 43A.18, subdivision 1, the director may develop and 
 implement a plan for making incentive payments to employees of 
 the lottery whose primary responsibilities are in marketing. 

    Subd. 6.    Employees; background checks.  The director 
 shall conduct background checks, or request the director of 
 alcohol and gambling enforcement to conduct background checks, 
 on all prospective employees who are finalists, and shall 
 require that all employees of the lottery be fingerprinted.  No 
 person may be employed by the lottery who has been convicted of 
 a felony or a crime involving fraud or misrepresentation within 
 five years of starting employment with the lottery, or has ever 
 been convicted of a gambling-related offense.  The director has 
 access to all criminal history data compiled by the division of 
 alcohol and gambling enforcement on employees and prospective 
 employees of the lottery.  The director may employ necessary 
 persons pending the completion of a background check. 

    Subd. 7.    Assistance.  (a) The director may request 
 any other department or agency of the state, including the 
 division of alcohol and gambling enforcement, to provide 
 reasonable assistance to the director in carrying out the 
 director's duties.  All provision of services to the director 
 from another state agency, must be by agreement made between the 
 director and the agency.  An agreement must include provisions 
 specifying the duration of the services, the assignment of 
 personnel of other agencies to provide the services, the 
 determination of the cost of the services, and the transfer, 
 from the lottery operations account to the agency, of funds 
 sufficient to pay the costs of the services. 

    (b) The director may enter into agreements with the 
 commissioner of finance for the purpose of making payroll and 
 other financial transactions.  

    Subd. 8. Repealed, 1995 c 254 art 1 s 97 

    HIST: 1989 c 334 art 3 s 2; 1990 c 590 art 1 s 49; 1991 c 233 
 s 104,109; 1991 c 238 art 1 s 15; 1991 c 336 art 2 s 35; 1992 c 
 567 art 3 s 5; 1993 c 146 art 3 s 8; 1995 c 254 art 1 s 79; 1996 
 c 305 art 1 s 74; 1997 c 129 art 2 s 15; 2Sp1997 c 3 s 15; 2000 
 c 501 s 6