CHAPTER 653

SENATE JOINT RESOLUTION

APPOINTMENT OF COMMISSION TO STUDY ENABLING LEGISLATION TO SUPPLEMENT HOUSE BILL NUMBER 245 WHICH PROPOSES AMENDMENT TO STATE CONSTITUTION SO AS TO PERMIT PLAYING OF BINGO BY CERTAIN TAX EXEMPT ORGANIZATIONS.

WHEREAS an Act proposing an amendment to Section 17 of Article II of the Constitution of the State of Delaware relating to Lotteries, being House Bill Number 245 was introduced in the House of Representatives of the 118th General Assembly on Friday, March 4, 1955, and

WHEREAS it is the desire of the Members of the 118th General Assembly to make certain that the final passage of the Constitutional Amendment is accompanied by strong and effective controls relating to the playing of bingo; NOW, THEREFORE,

BE IT RESOLVED by the Members of the House of Representatives of the 118th General Assembly, the Senate joining

therein, that in the event House Bill Number 245 passes this General Assembly a commission consisting of seven (7) citizens of this State shall be appointed to study and investigate enabling legislation so as to properly supervise and control the playing of bingo in this State; said commission to report to the 119th General Assembly its recommendations as to legislation to accompany the enactment of the Constitutional Amendment, and

BE IT FURTHER RESOLVED that the Speaker of the House of Representatives of the 118th General Assembly is authorized and directed to appoint two (2) members of the commission established hereunder, the President Pro-Tem of the Senate is authorized and directed to appoint two (2) members of this commission, and the Governor of the State of Delaware is authorized to appoint three (3) members of this commission, provided, however, that should the Governor fail or refuse to appoint any members to this commission within fifteen (15) days after the initial passage of House Bill Number 245, then

and in that event the Speaker of the House is authorized and directed to appoint two (2) of the three (3) members authorized to be appointed by the Governor and the President Pro-Tem of the Senate is authorized and directed to appoint the remaining member, and in the event that the Governor appoints members to the commission, but less than the number authorized, the Speaker of the House of Representatives is authorized and directed to appoint such members, and in the event any person so appointed resigns, dies or otherwise can no longer serve on said commission such vacancy or vacancies shall be filled by a majority vote of the remaining members of the commission and in the event that the said remaining members of the commission cannot agree, then such vacancy or vacancies shall be filled by the chairman of said commission, and

BE IT FURTHER RESOLVED that the commission established hereunder give earnest and serious consideration to the following suggestions and recommendations of the Assembly:

1. That a Bingo Control Commission be established which shall consist of five (5) citizens of this State, who shall hold no other public office, and who shall be appointed by the Governor, with the advice and consent of the Senate, not more than three (3) of whom shall be members of any one (1) political party, and that the Commission shall serve without compensation but shall be entitled to be reimbursed for their actual expenses within the limits of available appropriations.

2. That the Bingo Commission powers and duties be set forth, with a view to authorizing the commission to investigate, to supervise and to enforce the administration of bingo.

3. That the members of the commission have the power to compel attendance of witnesses at hearings, cause production of books and documents relating to transactions connected with the holding and conducting of bingo games.

4. That the Bingo Licensing Commission be authorized to adopt, amend, and repeal rules and regulations governing the issuance and amendment of bingo licenses and the holding, operating and conducting of bingo games under such licenses to

the end that such licenses shall be issued to qualified licensees only and that said bingo games shall be fairly and properly conducted for the purpose and in the manner prescribed in the proposed laws, and to prevent bingo from being conducted for commercial purposes, and the commission shall prescribe forms of applications for licenses, amendments of licenses, reports of the conduct of games and other matters incident to the administration of said laws.

5. The Bingo Commission should have the duty to carry on continuous study and investigation of the operation of the Bingo Licensing law and the administration thereof for the purpose of ascertaining from time to time any defects in said laws which may be discovered, for the purpose of formulating and recommending improvements and changes in said laws which the commission may determine to be desirable to prevent abuses and evasions and to guard against the use of the laws as a cloak for the carrying on of organized gambling, and to insure that the said laws be in such form and be so administered so as to serve the true purposes for which they were enacted, namely, the operation and conduct of bingo for religious, charitable, educational purposes and for volunteer fire companies.

Approved August 2, 1955.