SENATE JOINT RESOLUTION NO. 12
(By Senators Yoder, Sprouse, Barnes and Minear)
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[Introduced March 17, 2005; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section 36, article VI thereof, relating to
gambling; 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
36, article VI thereof be amended to read as follows:
ARTICLE VI. LEGISLATURE, ETC.
§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 and 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 and raffles 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 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: Provided, however, That
the Legislature shall not have the power to expand gambling laws
beyond the laws in effect upon the date of the ratification of the
amendments made to this section in the year two thousand five,
except in Kanawha, Jefferson, Hancock and Ohio counties: Provided
further, That the Legislature shall not allow the owners of horse and dog racing tracks to reduce the number of live racing days
below one hundred eighty-five days per year.
Resolved further, That in accordance with the provisions of
article 11, chapter 3 of the Code of West Virginia, 1931, as
amended, such proposed amendment is hereby numbered "Amendment No.
1" and designated as the "Limiting Expansion of Gambling Amendment"
and the purpose of the proposed amendment is summarized as follows:
"To prohibit the Legislature from expanding legal gaming, except in
the four counties where horse and dog race tracks are located."
NOTE: The purpose of this bill is to prohibit the Legislature
from expanding legal gaming, except in the four counties where
horse and dog race tracks are located.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.
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