Section 1603. Division of the lottery; director

1. There is hereby created
  within the department of taxation and finance a separate and independent
  division of the lottery.
    2. The head of the division  shall  be  the  director,  who  shall  be
  appointed  by  the  commissioner, and hold office at the pleasure of the
  commissioner. The director shall be the chief executive officer  of  and
  in sole charge of the administration of the division. The director shall
  receive  an  annual  salary  to  be fixed by the commissioner within the
  amount available therefor by appropriation; and he shall be entitled  to
  receive  reimbursement for expenses actually and necessarily incurred by
  him in the performance of his duties.
    3. The director may from time to time, create, abolish,  transfer  and
  consolidate  bureaus  and  other units within the division not expressly
  established by law as he  may  determine  necessary  for  the  efficient
  operation  of  the  division, subject to the approval of the director of
  the budget.
    4. Except as is otherwise provided by law, the  director  may  appoint
  such  deputies,  directors, assistants and other officers and employees,
  committees and consultants as he may  deem  necessary,  prescribe  their
  powers  and duties, fix their compensation and provide for reimbursement
  of their expenses within the amounts appropriated therefor.
    5. Notwithstanding any inconsistent provision of  section  five  of  a
  chapter of the laws of nineteen hundred seventy-six, entitled "An Act to
  amend  the  tax law, in relation to authorizing the operation of a state
  lottery, establishing a division of the lottery  in  the  department  of
  taxation and finance and prescribing its powers and duties; to amend the
  state finance law and the pari-mutuel revenue law, in relation to making
  conforming  changes;  to repeal the New York state lottery for education
  law, in relation to abolishing the state lottery conducted  by  the  New
  York   state  racing  and  wagering  board,  and  making  appropriations
  therefor", the director may appoint two deputies, prescribe their powers
  and duties, fix their compensation  and  provide  for  reimbursement  of
  their expenses within the amounts appropriated therefor.