HOUSE JOINT RESOLUTION NO.8
(By Delegates Sobonya, Overington and Frich)
[Introduced February 22, 2005; Referred to the Committee on
Rules.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section 36, article VI thereof, relating to
lotteries;
placing a moratorium upon the authorization by the
Legislature of lotteries utilizing new forms of gambling or
gaming and upon the authorization of any new lotteries not
previously authorized by general law;
numbering and
designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed
amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year two thousand six, which proposed amendment is that section thirty-six, article VI thereof, be amended to read as follows:
ARTICLE 6. THE LEGISLATURE.
§36. Lotteries; bingo; raffles; county option.
The Legislature shall have no power to authorize lotteries or
gift enterprises for any purpose, and shall pass laws to prohibit
the sale of lottery or gift enterprise tickets in this State;
except that the Legislature may authorize lotteries which are
regulated, controlled, owned and operated by the State of West
Virginia in the manner provided by general law , either separately
by this State or jointly or in cooperation with one or more other
states and may authorize state-regulated bingo games or raffles for
the purpose of raising money by charitable or public service
organizations or by the State Fair of West Virginia for charitable
or public service purposes:
Provided, That each county may
disapprove the holding of bingo games within that county at a
regular, primary or special election but once having disapproved
such activity, may thereafter authorize the holding of bingo games
and raffles, by a majority vote at a regular, primary or special
election held not sooner than five years after the election
resulting in disapproval; that all proceeds from the bingo games
and raffles be used for the purpose of supporting charitable or
public service purposes; and that the Legislature shall provide a
means of regulating the bingo games and raffles so as to ensure
that only charitable or public service purposes are served by the conducting of the bingo games and raffles.
Notwithstanding the provisions of this section to the
contrary, on and after the first day of January, two thousand
seven,
a moratorium shall be placed upon the authorization by the
Legislature
of lotteries utilizing new forms of gambling or gaming
and upon the authorization of any new lotteries not previously
authorized by general law.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Lottery Moratorium Amendment" and the purpose of the proposed
amendment is summarized as follows: "To place a moratorium upon
the authorization by the Legislature of lotteries utilizing new
forms of gambling or gaming and upon the authorization of any new
lotteries not previously authorized by general law."
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