HOUSE OF REPRESENTATIVES
KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM
2012 Regular Session
Amend printed copy of SB 18/HCS 1
From page 1 through the end of the bill, delete all text below the enacting clause and replace in lieu thereof with the following: "Section 1. It is proposed that Section 33 of the Constitution of Kentucky be amended to read as follows: (1) The[ first] General Assembly[ after the adoption of this Constitution] shall divide the State into thirty-eight Senatorial Districts, and one hundred Representative Districts, once every ten years during the first even-numbered year regular session following receipt of the decennial census data from the United States Census Bureau. (2) In dividing the State, the General Assembly shall create districts of contiguous counties or parts of counties, as permitted by this section, that are as nearly equal in population as may be without dividing any county, except where a county may include more than one district, which districts shall constitute the Senatorial and Representative Districts for ten years. Not more than two counties shall be joined together to form a Representative District: Provided, In doing so the principle requiring every district to be as nearly equal in population as may be shall not be violated.[ At the expiration of that time, the General Assembly shall then, and every ten years thereafter, redistrict the State according to this rule, and for the purposes expressed in this section. If, in making said districts, inequality of population should be unavoidable, any advantage resulting therefrom shall be given to districts having the largest territory. No part of a
Amendment No. HFA 3 Sponsor: Michael J. Nemes Committee Amendment: Signed: Floor Amendment: LRC Drafter: Woosley, Greg Adopted: Date: Rejected: Doc. ID: XXXXX
Page 1 of 4 HOUSE OF REPRESENTATIVES Sponsor: Michael J. Nemes 2012 Regular Session Doc. ID: XXXXX Amend printed copy of SB 18/HCS 1 county shall be added to another county to make a district, and the counties forming a district shall be contiguous.] (3) Senatorial or Representative districts established by an Act of the General Assembly shall be used for any election following the effective date of the Act, whether to fill a vacant seat or expiring term, and all elections for the General Assembly and the qualifications for an election shall be governed by the number assigned to the districts. (4) Members of the General Assembly shall represent the district number for which they were elected, and the geographical area contained therein, as defined by, and on the effective date of, the latest Act of the General Assembly that establishes Senatorial or Representative districts, or both. (5) Notwithstanding any other section of the Constitution of Kentucky or the Kentucky Revised Statutes to the contrary, if the General Assembly fails to divide the State into Senatorial and Representative districts by April 15 of the first even-numbered year regular session following receipt of the decennial census data, the General Assembly shall remain in session for the sole purpose of enacting redistricting legislation consistent with this section and considering any gubernatorial veto of such legislation, provided that the members of the General Assembly shall receive no compensation or expense allowances beyond April 15.
SECTION 2. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS: The General Assembly shall, by general law, provide a means whereby the sense of the people of any Senatorial District, including any county that is in or is part of the Senatorial District, may be taken, as to whether or not the operation of regulated casinos shall be permitted, which may include the operation of gaming at horse racing tracks. All elections on this question may be held on a regular election day or on a day other than a regular election day.
Page 2 of 4 HOUSE OF REPRESENTATIVES Sponsor: Michael J. Nemes 2012 Regular Session Doc. ID: XXXXX Amend printed copy of SB 18/HCS 1
Section 3. It is proposed that Section 226 of the Constitution of Kentucky be amended to read as follows: (1) The General Assembly may establish a Kentucky state lottery and may establish a state lottery to be conducted in cooperation with other states. Any lottery so established shall be operated by or on behalf of the Commonwealth of Kentucky. (2) The General Assembly may by general law permit charitable lotteries and charitable gift enterprises and, if it does so, it shall: (a) Define what constitutes a charity or charitable organization; (b) Define the types of charitable lotteries and charitable gift enterprises which may be engaged in; (c) Set standards for the conduct of charitable lotteries and charitable gift enterprises by charitable organizations; (d) Provide for means of accounting for the amount of money raised by lotteries and gift enterprises and for assuring its expenditure only for charitable purposes; (e) Provide suitable penalties for violation of statutes relating to charitable lotteries and charitable gift enterprises; and (f) Pass whatever other general laws the General Assembly deems necessary to assure the proper functioning, honesty, and integrity of charitable lotteries and charitable gift enterprises, and the charitable purposes for which the funds are expended. (3) Except as provided in this section and Section 2 of this Act, lotteries and gift enterprises are forbidden, and no privileges shall be granted for such purposes, and none shall be exercised, and no schemes for similar purposes shall be allowed. The General Assembly shall enforce this section by proper penalties. All lottery privileges or charters heretofore granted are revoked.
Section 4. This amendment shall be submitted to the voters of the Commonwealth for
Page 3 of 4 HOUSE OF REPRESENTATIVES Sponsor: Michael J. Nemes 2012 Regular Session Doc. ID: XXXXX Amend printed copy of SB 18/HCS 1 their ratification or rejection at the time and in the manner provided for under Sections 256 and 257 of the Constitution and under KRS 118.415, and the question shall read as follows: "Are you in favor of clarifying the standards for redistricting the state into Senatorial and Representative districts, and of requiring the General Assembly to remain in session, without pay to the members, if it fails to divide the state into districts by April 15 of the first even-numbered year regular session following receipt of the decennial census data, and of permitting the counties in any Senatorial district, by majority vote, to allow the operation of regulated casinos within the county, which may include the regulated operation of gaming at horse racing tracks?""
Page 4 of 4