ENROLLED
Senate Bill No. 559
(By Senator Wooton)
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[Passed April 9, 1993; in effect ninety days from passage.]
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AN ACT 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 the
composition of the state lottery commission; relating to
compensation of commission members; and providing that two
members of the lottery commission be appointed as vacancies
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. 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. Upon the effective date of this section, as
vacancies occur, appointments to fill vacancies shall be made so
that at least two members are appointed from each congressional
district existing as of the first day of January, one thousand
nine hundred ninety-three. 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 filledin the same manner as the original appointment but only for the
remainder of the term. No person convicted of a felony or crime
involving moral turpitude shall be eligible for appointment nor
appointed as a commissioner.
(b) The board shall pay each member the same compensation as
is paid to members of the Legislature for their interim duties as
recommended by the citizens legislative compensation commission
and authorized by law for each day or portion thereof engaged in
the discharge of official duties and shall reimburse each member
for actual and necessary expenses incurred in the discharge of
official duties: Provided, That the per mile rate to be
reimbursed shall be the same rate as authorized for members of
the Legislature. 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 five, 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 theoffice. The executed oath and bond shall be filed in the office
of the secretary of state.