§ 44-40-104 — Director - qualifications - powers and duties

Colorado § 44-40-104

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: State Lottery Division

Text

(1) The director
shall be qualified by training and experience to direct a lottery and the work of the
division; and, notwithstanding the provisions of section 24-5-101, shall be of good
character and shall not have been convicted of any felony or gambling-related
offense.

(2) The director shall devote his or her entire time and attention to the duties
of his or her office and shall not be engaged in any other profession or occupation.

(3) The director may promote the lottery by:

(a) Establishing promotional drawings. The general assembly hereby finds
and declares that promotional drawings shall not be subject to regulation under
this article 40. No award of prizes through a promotional drawing shall be deemed a
lottery or game of chance.

(b) Selling memorabilia or other promotional items. Any revenue generated
from the sale of the items shall be transmitted to the state treasurer to be credited
to the lottery fund created in section 44-40-111 (1).

(4) The director, as administrative head of the division, shall direct and
supervise all its administrative and technical activities. In addition to the duties
imposed upon the director elsewhere in this article 40, it shall be the director's
duty:

(a) To supervise and administer the operation of the lottery in accordance
with the provisions of this article 40 and the rules of the commission, state fiscal
rules, state personnel rules, and state procurement rules, to perform all duties and
obligations pursuant to and administer any multistate agreements, and to provide
for all expenses incurred in connection with any multistate agreements unless the
expenses are otherwise provided for in the multistate agreements;

(b) To attend meetings of the commission or to appoint a designee to attend
in his or her place;

(c) To employ and direct the personnel as may be necessary to carry out the
purposes of this article 40, but no person shall be employed who has been
convicted of a felony or gambling-related offense, notwithstanding the provisions
of section 24-5-101. The director by agreement may secure and, pursuant to section
44-40-111 (2), provide payment for any services that the director may deem
necessary from any department, agency, or unit of the state government and may
employ and compensate consultants and technical assistants as may be required
and as otherwise permitted by law. The director shall ensure that the division
conducts full criminal background investigations of vendors, officers of licensed
sales agents, members of the commission, and division employees as are necessary
to ensure the security and integrity of the operation of the state lottery. The
executive director may request the division of gaming to perform the investigations
on members of the commission, division employees, and vendors.

(d) To license, in accordance with the provisions of section 44-40-107 and
the rules of the commission, as agents to sell lottery tickets persons that in his or
her opinion will best serve the public convenience and promote the sale of tickets
or shares;

(e) To deny, suspend, or revoke any lottery license subject to the provisions
of section 24-4-104. The director may designate an administrative law judge,
pursuant to part 10 of article 30 of title 24, to take evidence and to make findings
and report them to the director.

(f) To confer, as necessary or desirable and not less than once each month,
with the commission on the operation of the lottery;

(g) To make available for inspection by the commission or any member of the
commission, upon request, all books, records, files, and other information and
documents of his or her office;

(h) To advise the commission and recommend rules and other matters as he
or she deems necessary and advisable to improve the operation of the lottery;

(i) To make a continuous study and investigation of the operation and the
administration of similar laws that may be in effect in other states or countries, any
literature on the subject that from time to time may be published or available, and
any federal laws that may affect the operation of the lottery, and the reaction of
Colorado citizens to existing and potential features of the lottery with a view to
recommending or effecting changes that will tend to serve the purposes of this
article 40;

(j) To take any action that may be necessary to protect the security and
integrity of the lottery games;

(k) To determine the manner of payment of prizes to the holders of winning
tickets or shares, which determination shall include consideration of whether a
prize should be awarded as a lump sum or as an amortized annuity in light of the
Internal Revenue Code of 1986, as amended, and the rules promulgated pursuant
thereto;

(l) To determine any other matters that are necessary or desirable for the
efficient and economical operation and administration of the lottery; and

(m) To perform any other lawful acts that he or she and the commission may
consider necessary or desirable to carry out the purposes and provisions of this
article 40.

Legislative History

Source: L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p. 336, � 2, effective October 1.