HOUSE JOINT RESOLUTION NO. 16

(By Delegates Sorah, Farris, Mezzatesta and Houvouras)

(Introduced February 4, 1994; referred to the
Committee on Constitutional Revision.)

Proposing an amendment to the Constitution of the State of West Virginia, amending article six thereof, relating to the authority of the Legislature to develop and regulate a development project on three rivers within this state; authorizing gaming activity; providing for municipal or county local option elections; providing for the allocation of revenues derived from gaming activities; 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 article six be amended by adding thereto a new section, designated section thirty-six-a, to read as follows:

ARTICLE VI. THE LEGISLATURE.

§ 36A. Tri-River Commercial Development Project; gaming activities; municipal or county approval; allocation of revenues.

(1) The Legislature may, by general law, establish a development project, authorizing and regulating gaming activity on the Ohio, Kanawha and Monongahela rivers, within this state. Under any general law implementing the development project, not more than eight navigational vessels are to be authorized to operate as facilities where gaming activities may take place on such rivers: Provided, That after a period of five years next following the ratification of this amendment by the voters of this state, the Legislature may, by general law, provide for a greater or lesser number of locations and facilities where gaming activities may be conducted. The Legislature shall, by general law, prescribe the conditions and procedures under which the governing body of a municipality or county shall require a local option election to be held on the question of whether gaming activities are to be conducted within such municipality or county: Provided, That if a facility is to be located within the boundaries of a municipal corporation, the election shall be determined by a vote of the resident voters of the municipality, and if a facility is to be located outside the boundaries of a municipal corporation, the election shall be determined by a vote of the resident voters of the county in which the facility is proposed to be located: Provided however, That the location of a navigational vessel shall be deemed to be the single location where it authorized to be docked. Any local option election shall determine whether the citizens of the municipality or county, as the case may be, approve or disapprove of the proposed authorization of gaming activities within the municipality or county. Such local option election may be held in conjunction with a primary or general election, or at a special election. Approval shall be by a majority of the voters casting votes on the question of approval or disapproval of gaming activities at the election. Failure to obtain approval from the voters of a municipality or county shall not prevent the governing body of the municipality or county from placing the question of approving or disapproving gaming activities before the voters of the municipality or county at a subsequent general, primary or special election, subject to any required passage of time or other conditions established by the Legislature by general law.

(2) If a navigational vessel is authorized to conduct gaming activities, the navigational vessel may only be docked at a single location within the boundaries of the municipality or county where gaming activities have been authorized. The navigational vessel may navigate the waters of the river on which it is docked, without regard to municipal or county boundaries, but may not permit passengers to embark or disembark at any location other than its single docking location within its approved municipality or county, except in cases of emergency.
(3) A minimum of ten percent of the gross revenues of each facility which is authorized to conduct gaming activities shall be paid to the general fund of the state and shall be distributed as follows: (a) Seventy-five percent of the state's share of the gross revenues shall be allocated by the Legislature for appropriation to the following categories: public school and higher education programs and services, maintenance but not construction of public school and higher education facilities, economic development not related to gaming activities, tourism not related to gaming activities, or programs and services for senior citizens; (b) twenty percent of the state's share of the gross revenues shall be proportionally divided among the counties of this state, using a formula based upon the population of the counties according to the most recent decennial census conducted by the bureau of the census of the United States department of commerce; and (c) five percent of the state's share of the gross revenues shall be allocated by the Legislature for public higher education scholarships for West Virginia residents who attend public institutions of higher education in West Virginia, and for prevention and treatment programs directed at reducing the incidence of gambling addiction. A minimum of two percent of the gross revenues of each facility which is authorized to conduct gaming activities shall be paid to the municipality or county wherein the facility is located, to be allocated by the governing body of the municipality or county for such purposes as the Legislature may direct 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 "Tri-River Commercial Development Project Amendment" and the purpose of the proposed amendment is summarized as follows: "To allow the Legislature to authorize and regulate gaming activities on the Ohio, Kanawha and Monongahela rivers, to determine the number and location of facilities where gaming activities may take place, to provide for local option elections by municipalities or counties, and to provide for the allocation of revenues derived from gaming activities."