SENATE JOINT RESOLUTION NO. 9
(By Sprouse, Boley, Minear, McKenzie, Facemyer and Deem)
[Introduced March 12, 2001;
referred to the Committee on the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirty-six, article VI thereof,
relating to the legalization of nonracetrack video lottery
games; 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 one, which proposed amendment is that section
thirty-six, article VI thereof be amended and reenacted, to read as
follows:
ARTICLE VI. THE LEGISLATURE.
§ 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. The legislature shall have no power to authorize the use of video lottery
games except for those video lottery games located at
qualified horse or dog racetracks. The legislature also shall
pass laws prohibiting the use of video lottery games at
locations other than qualified horse or dog racetracks.
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, the proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Banning of Gray Machines Amendment" and the purpose of the
proposed amendment is summarized as follows: "To prohibit the use
of video lottery games at locations other than qualified horse and
dog racetracks."
NOTE: The purpose of this resolution is to amend the State
Constitution to prohibit video lottery games except for those video
lottery games located at qualified horse and dog tracks.
Underscoring indicates language that would be added to the
Constitution.