SENATE JOINT RESOLUTION NO. 1
(By Senator Boley)
[Introduced February 10, 1993;
referred to the Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirty-six, article six thereof,
relating to lotteries and prohibiting video lottery games in
any county which has not approved, by majority vote of
eligible voters of the county, video lottery games in that
county; 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 one thousand nine hundred ninety-four,
which proposed amendment is that section thirty-six, article six
thereof be amended, to read as follows:
ARTICLE VI. THE LEGISLATURE.
§36. Lotteries; bingo; raffles; county option.
The Legislature shall have no power to authorize lotteriesor 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.
Unless approved by majority vote of the eligible voters
voting on the question of whether video lottery games of any type
may be permitted in a county, video lotteries are prohibited.
Resolved further, That in accordance with the provisions ofarticle 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 "Video Lottery County Option Amendment" and the purpose of
the proposed amendment is summarized as follows: "The purpose of
this amendment is to prohibit video lottery games in any county
which has not approved video lotteries by majority vote of
eligible voters in the county."
NOTE: The purpose of this resolution is to amend the
Constitution to provide that video lotteries are prohibited in
counties which have not approved them by majority vote of
eligible voters at an election in which the question of whether
video lotteries should be allowed in the county is placed on the
ballot.
Strike-throughs indicate language that would be stricken
from the present Constitution, and underscoring indicates new
language that would be added.