SENATE JOINT RESOLUTION NO. 16
(By Senators Yoder, Sprouse, McKenzie and Barnes)
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[Introduced February 20, 2006; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirty-six, article VI thereof,
relating to gambling; 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 six, which proposed amendment is that section
thirty-six, article VI thereof be amended to read as follows:
ARTICLE VI. LEGISLATURE, ETC.
§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.
Moneys generated by gaming authorized under this section and
going into the state's general revenue may not increase by more than one percent above the total amount going to general revenue of
the state during the preceding year: Provided, That any money
generated by such gaming in excess of this one percent annual
increase, shall be deposited into a special treasury fund, which
fund shall be used to reduce the state gasoline tax and/or to fund
and provide for new highway and road construction.
The Legislature may not authorize any further expansion of
gaming, nor allow any county of this state to authorize or expand
gaming laws, other than the counties of Kanawha, Jefferson, Hancock
and Ohio, beyond the laws in effect upon the date of ratification
of the amendments made to this section in the year two thousand
six.
In those counties in which horse or racing tracks are located
and at which place gambling or gaming has been authorized prior to
ratification of this amendment, the Legislature may not allow the
number of live racing days at such horse or race track to be less
than one hundred eighty-five days per year: Provided, That
exception shall be made for emergencies or acts of God. Should any
track fail to maintain this required number of race days, such
track shall no longer be authorized to allow gaming.
Resolved Further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Limiting Expansion of Gaming and Use of Proceeds" and the purpose of the proposed amendment is
summarized as follows: "To prohibit the Legislature from expanding
legal gaming, except in the four counties where horse and dog race
tracks are located."
NOTE: The purpose of this bill is to prohibit the Legislature
from expanding legal gaming, except in the four counties where
horse and dog race tracks are located; and to require any excess
revenue generated to be deposited into a special fund to be used to
match any federal highway funds, to reduce the gasoline tax to five
cents below the lowest rate of the contiguous states; (3) to
provide any necessary highway maintenance; and (4) any excess
moneys remaining after the above shall be deposited into a reserve
fund to be used for these purposes in the future as necessary.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.