Session of 1998
By Committee on Ways and Means
            9             AN ACT concerning the state lottery commission; relating to powers and
10             duties; concerning background investigation information; amending
11             K.S.A. 1997 Supp. 74-8709 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 74-8709 is hereby amended to read as
15       follows: 74-8709. (a) There is hereby created the Kansas lottery commis-
16       sion, which shall be composed of five members who shall be appointed
17       by the governor, subject to confirmation by the senate as provided by
18       K.S.A. 75-4315b and amendments thereto. Except as provided by K.S.A.
19       1997 Supp. 46-2601, no person appointed to the commission shall exer-
20       cise any power, duty or function as a member of the commission until
21       confirmed by the senate. All members of the commission shall be citizens
22       of the United States and residents of this state. Not more than three of
23       the five members shall be members of the same political party. A chair-
24       person of the commission shall be designated by the governor from the
25       membership of the commission.
26           (b) Except as provided by subsection (c), the members of the com-
27       mission shall serve for terms of four years and until their successors are
28       appointed and confirmed, except that the members first appointed shall
29       serve for terms designated by the governor as follows: One member shall
30       serve for a term of one year, one shall serve for a term of two years, one
31       shall serve for a term of three years and two shall serve for terms of four
32       years. Any vacancy occurring in the membership of the commission shall
33       be filled in the same manner as the original appointment for the remain-
34       der of the unexpired term.
35           (c) The terms of members who are serving on the commission on the
36       effective date of this act shall expire on March 15, of the year in which
37       such member's term would have expired under the provisions of this
38       section prior to amendment by this act. Thereafter, members shall be
39       appointed for terms of four years and until their successors are appointed
40       and confirmed.
41           (d) The commission shall hold at least four regular meetings each
42       year and such additional meetings as the chairperson deems desirable.
43       Special meetings shall be called by the chairperson upon written request

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  1       of the executive director or any three members of the commission. All
  2       meetings shall be held at a place and time fixed by the chairperson. A
  3       majority of the members of the commission shall constitute a quorum to
  4       transact its business.
  5           (e) The commission shall consult with and advise the executive di-
  6       rector relating to the operation of the state lottery, shall assist the director
  7       in the establishment of policies and shall review and approve the proposed
  8       annual budget for the Kansas lottery prepared by the executive director,
  9       subject to all state laws governing budget procedures for state agencies.
10           (f) The commission, in conjunction with the executive director, shall
11       make an ongoing study of the operation and administration of lotteries in
12       operation in other states or countries, of available literature on the sub-
13       ject, of federal laws and regulations which may affect the operation of the
14       lottery and of the reaction of citizens of this state to existing or proposed
15       features of lottery games, with a view toward implementing improve-
16       ments that will tend to serve the purposes of this act.
17           (g) Major procurements recommended by the executive director
18       shall be subject to the approval of the commission.
19           (h) The commission may enter into written agreements with one or
20       more other states or corporations made up of representatives of one or
21       more other states' lotteries and participate in the operation, marketing
22       and promotion of a joint lottery or joint lottery games, conforming to the
23       provisions of this act, which agreements shall not be subject to the pro-
24       visions of K.S.A. 75-3738 through 75-3744, and amendments thereto.
25           (i) The commission may receive from Kansas lottery security person-
26       nel, the Kansas bureau of investigation or other criminal justice agencies,
27       including but not limited to the federal bureau of investigation and the
28       federal internal revenue service, such criminal history record information
29       (including arrest and nonconviction data), criminal intelligence infor-
30       mation and information relating to criminal and background investiga-
31       tions as necessary for the purpose of determining qualifications of vendors
32       pursuant to subsection (c) of K.S.A. 74-8705, and amendments thereto,
33       lottery retailers, employees of the Kansas lottery and applicants for em-
34       ployment by the Kansas lottery. Upon the written request of the chair-
35       person of the commission, the commission may receive from the district
36       courts such information relating to juvenile proceedings as necessary for
37       the purpose of determining qualifications of employees of and applicants
38       for employment by the Kansas lottery and determining qualifications of
39       vendors pursuant to subsection (c) of K.S.A. 74-8705, and amendments
40       thereto, and lottery retailers. Such information, other than conviction
41       data, shall be confidential and shall not be disclosed except to members
42       of the commission and employees of the Kansas lottery as necessary to
43       determine qualifications of such vendors, retailers, employees and appli-

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  1       cants. Any other disclosure of such confidential information is a class A
  2       misdemeanor and shall constitute grounds for removal from office or ter-
  3       mination of employment.
  4           (i) (j) Members of the commission attending meetings of the com-
  5       mission or subcommittee meetings thereof approved by the commission
  6       shall be paid compensation, subsistence allowances, mileage and other
  7       expenses as provided in K.S.A. 75-3223 and amendments thereto. In ad-
  8       dition, the chairperson of the commission, or the member of the com-
  9       mission designated by the chairperson to serve on a procurement nego-
10       tiating committee, shall be paid amounts equal to amounts provided by
11       K.S.A. 75-3223 and amendments thereto for compensation, subsistence
12       allowances, mileage and other expenses for attendance at meetings of a
13       procurement negotiating committee pursuant to K.S.A. 74-8705 and
14       amendments thereto.
15           Sec. 2. K.S.A. 1997 Supp. 74-8709 is hereby repealed.
16           Sec. 3. This act shall take effect and be in force from and after its
17       publication in the statute book.