2006 Ohio Revised Code - 3770.02. Powers and duties of director; statewide joint lottery games.

§ 3770.02. Powers and duties of director; statewide joint lottery games.
 

(A)  Subject to the advice and consent of the senate, the governor shall appoint a director of the state lottery commission who shall serve at the pleasure of the governor. The director shall devote full time to the duties of the office and shall hold no other office or employment. The director shall meet all requirements for appointment as a member of the commission and shall by experience and training possess management skills that equip the director to administer an enterprise of the nature of a state lottery. The director shall receive an annual salary in accordance with pay range 48 of section 124.152 [124.15.2] of the Revised Code. 

(B) (1)  The director shall attend all meetings of the commission and shall act as its secretary. The director shall keep a record of all commission proceedings and shall keep the commission's records, files, and documents at the commission's principal office. All records of the commission's meetings shall be available for inspection by any member of the public, upon a showing of good cause and prior notification to the director. 

(2) The director shall be the commission's executive officer and shall be responsible for keeping all commission records and supervising and administering the state lottery in accordance with this chapter, and carrying out all commission rules adopted under section 3770.03 of the Revised Code. 

(C) (1)  The director shall appoint an assistant director, deputy directors of marketing, operations, sales, finance, public relations, security, and administration, and as many regional managers as are required. The director may also appoint necessary professional, technical, and clerical assistants. All such officers and employees shall be appointed and compensated pursuant to Chapter 124. of the Revised Code. Regional and assistant regional managers, sales representatives, and any lottery executive account representatives shall remain in the unclassified service. 

(2) The director, in consultation with the director of administrative services, may establish standards of proficiency and productivity for commission field representatives. 

(D)  The director shall request the bureau of criminal identification and investigation, the department of public safety, or any other state, local, or federal agency to supply the director with the criminal records of any job applicant and may periodically request the criminal records of commission employees. At or prior to the time of making such a request, the director shall require a job applicant or commission employee to obtain fingerprint cards prescribed by the superintendent of the bureau of criminal identification and investigation at a qualified law enforcement agency and the director shall cause these fingerprint cards to be forwarded to the bureau of criminal identification and investigation and the federal bureau of investigation. The commission shall assume the cost of obtaining the fingerprint cards and shall pay to each agency supplying the records for each investigation under this division a reasonable fee, as determined by the agency. 

(E)  The director shall license lottery sales agents pursuant to section 3770.05 of the Revised Code and, when it is considered necessary, may revoke or suspend the license of any lottery sales agent. 

(F)  The director shall confer at least once each month with the commission at which time the director shall advise it regarding the operation and administration of the lottery. The director shall make available at the request of the commission all documents, files, and other records pertaining to the operation and administration of the lottery. The director shall prepare and make available to the commission each month a complete and accurate accounting of lottery revenues, prize money disbursements and the cost of goods and services awarded as prizes, operating expenses, and all other relevant financial information, including an accounting of all transfers made from any lottery funds in the custody of the treasurer of state to benefit education. 

(G)  The director may enter into contracts for the operation or promotion of the lottery pursuant to Chapter 125. of the Revised Code. 

(H) (1)  Pursuant to rules adopted by the commission under section 3770.03 of the Revised Code, the director shall require any lottery sales agents to either mail directly to the commission or deposit to the credit of the state lottery fund, in banking institutions designated by the treasurer of state, net proceeds due the commission as determined by the director, and to file with the director or the director's designee reports of their receipts and transactions in the sale of lottery tickets in the form required by the director. 

(2) Pursuant to rules adopted by the commission under Chapter 119. of the Revised Code, the director may impose penalties for the failure of a sales agent to transfer funds to the commission in a timely manner. Penalties may include monetary penalties, immediate suspension or revocation of a license, or any other penalty the commission adopts by rule. 

(I)  The director may arrange for any person, or any banking institution, to perform functions and services in connection with the operation of the lottery as the director may consider necessary to carry out this chapter. 

(J) (1)  As used in this chapter, "statewide joint lottery game" means a lottery game that the commission sells solely within this state under an agreement with other lottery jurisdictions to sell the same lottery game solely within their statewide or other jurisdictional boundaries. 

(2) If the governor directs the director to do so, the director shall enter into an agreement with other lottery jurisdictions to conduct statewide joint lottery games. If the governor signs the agreement personally or by means of an authenticating officer pursuant to section 107.15 of the Revised Code, the director then may conduct statewide joint lottery games under the agreement. 

(3) The entire net proceeds from any statewide joint lottery games shall be used to fund elementary, secondary, vocational, and special education programs in this state. 

(4) The commission shall conduct any statewide joint lottery games in accordance with rules it adopts under division (B)(5) of section 3770.03 of the Revised Code. 

(K) (1)  The director shall enter into an agreement with the department of alcohol and drug addiction services under which the department shall provide a program of gambling addiction services on behalf of the commission. The commission shall pay the costs of the program provided pursuant to the agreement. 

(2) As used in this section, "gambling addiction services" has the same meaning as in section 3793.01 of the Revised Code. 
 

HISTORY: 135 v H 990 (Eff 11-21-73); 137 v H 1 (Eff 8-26-77); 137 v H 395 (Eff 11-28-77); 138 v S 139 (Eff 8-1-80); 141 v H 831 (Eff 4-9-86); 143 v H 477 (Eff 6-28-90); 146 v S 211 (Eff 9-26-96); 147 v H 215 (Eff 9-29-97); 149 v H 405. Eff 3-14-2002; 150 v H 477, § 1, eff. 3-23-05.
 

The provisions of § 3 of H.B. 477 (150 v  - ) read as follows: 

SECTION 3. (A) Except as otherwise provided in division (B) of this section, upon the taking effect of this section, any business commenced but not completed by the State Lottery Commission or the Director of the Commission with respect to agreements to assist organizations that deal with problem gambling shall be completed by the Department of Alcohol and Drug Addiction Services or the Director of Alcohol and Drug Addiction Services as if completed by the Commission or the Director of the Commission. No validation, cure, right, privilege, remedy, obligation, or liability is lost or impaired by reason of the transfer required by this section, and that validation, cure, right, privilege, remedy, obligation, or liability shall be administered by the Department. All of the Commission's rules, orders, and determinations with respect to agreements to assist organizations that deal with problem gambling continue in effect as rules, orders, and determinations of the Department, until modified or rescinded by the Department. 

Whenever the Commission or the Director of the Commission is referred to in any law, contract, or other document with respect to agreements to assist organizations that deal with problem gambling, the reference shall be deemed to refer to the Department or the Director of Alcohol and Drug Addiction Services, whichever is appropriate. 

No action or proceeding with respect to agreements to assist organizations that deal with problem gambling that is pending on the effective date of this act is affected by the transfer, and that action or proceeding shall be prosecuted or defended in the name of the Department or the Director of Alcohol and Drug Addiction Services. In all such actions and proceedings, the Department or the Director of Alcohol and Drug Addiction Services upon application to the court shall be substituted as a party. 

(B) The Commission shall pay any costs the Department incurs pursuant to agreements to assist organizations that deal with problem gambling that are transferred to the Department under division (A) of this section. 

The effective date is set by section 44 of HB 405. 

 

Effect of Amendments

150 v H 477, effective March 23, 2005, deleted the last sentence from (G), which read: "The director may enter into agreements to assist organizations that deal with problem gambling"; added (K); and made minor stylistic changes.