ENGROSSED
Senate Bill No. 559
(By Senator Wooton)
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[Introduced March 22, 1993;; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section four, article twenty-two,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the state lottery act generally; and providing that not less
than one member of the lottery commission be appointed from
each of the new congressional districts.
Be it enacted by the Legislature of West Virginia:
That section four, article twenty-two, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-4. State lottery commission created; composition;
qualifications; appointment; terms of office; chairman's
removal; vacancies; compensation and expenses; quorum; oath
and bond.
(a) There is hereby created a state lottery commission which
shall consist of seven members, all residents and citizens of thestate, one who shall be a lawyer, one who shall be a certified
public accountant, one who shall be a computer expert, one who
shall have not less than five years experience in law enforcement
and one who shall be qualified by experience and training in the
field of marketing. The two remaining members shall be
representative of the public at large. The commission shall
carry on a continuous study and investigation of the lottery
throughout the state and advise and assist the director of the
state lottery. The commission members shall be appointed by the
governor, by and with the advice and consent of the Senate, no
later than the first day of July, one thousand nine hundred
eighty-five. At least one member shall be appointed from each
congressional district existing as of the first day of January,
one thousand nine hundred ninety-three. The terms of members
first appointed expire as designated by the governor at the time
of appointment: One at the end of one year; two at the end of
two years; one at the end of three years; two at the end of four
years; and one at the end of five years. No more than four
members of such commission shall belong to the same political
party. Members serve overlapping terms of five years and are
eligible for successive appointments to the commission. On the
first day of July of each year, the commission shall select a
chairman from its membership. The governor may remove any
commission member for cause, notwithstanding the provisions of
section four, article six, chapter six of this code. Vacancies
shall be filled in the same manner as the original appointment
but only for the remainder of the term. No person convicted ofa felony or crime involving moral turpitude shall be eligible for
appointment nor appointed as a commissioner.
(b) The members of the lottery commission receive one
hundred dollars for each day or portion thereof spent in the
discharge of their official duties. Members are reimbursed for
reasonable and necessary expenses incurred in the discharge of
their official duties. All such payments shall be made from the
state lottery fund.
(c) At least one meeting per month shall be held by the
commission. Additional meetings may be held at the call of the
chairman, director or majority of the commission members.
(d) A majority of the members constitutes a quorum for the
transaction of business, and all actions require a majority vote
of the members present.
(e) Before entering upon the discharge of the duties as
commissioner, each commissioner shall take and subscribe to the
oath of office prescribed in section 5, article IV of the
constitution of West Virginia and shall enter into a bond in the
penal sum of one hundred thousand dollars with a corporate surety
authorized to engage in business in this state, conditioned upon
the faithful discharge and performance of the duties of the
office. The executed oath and bond shall be filed in the office
of the secretary of state.