WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2004

FIFTIETH DAY

____________

Charleston, W. Va., Wednesday, March 3, 2004

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
     Pending the reading of the Journal of Tuesday, March 2, 2004,
     On motion of Senator Kessler, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Senate then proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     Eng. House Joint Resolution No. 108--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57, relating to revenues accruing from the sales of specialized motor vehicle registration plates to honor the memory of West Virginians who have served and given their lives as members of the military, military reserves, national guard, law-enforcement officers, firefighters and emergency medical service personnel; providing that such additional revenues collected from the issuance of such plates shall be used solely for the continuing education of surviving dependents of West Virginians who have died as a result of injuries they sustained in the line of duty while serving as or emergency response personnel or as members of law enforcement or the military; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such amendment.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2132--A Bill to amend and reenact §18-7A- 17 of the code of West Virginia, 1931, as amended, relating to the state teachers retirement system generally and granting retirement credit under certain circumstances to teachers for years of service at private four-year colleges and universities in West Virginia.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4067--A Bill to amend and reenact §19-2C-1, §19-2C-2, §19-2C-3, §19-2C-4, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-6c, §19-2C-7, §19-2C-8, §19-2C-8a and §19-2C-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §19-2C-5b, §19-2C-6d and §19-2C-9a, all relating to auctioneers; adding and amending definitions; clarifying application and renewal procedures; establishing and modifying fees; bonding requirements for apprentice license; licensing requirements; requiring photo identification for examination; requiring notice of change of address; limiting number of apprentices auctioneer may sponsor; clarifying licensing by reciprocity; requiring continuing education; modifying criminal and civil penalties; requiring escrow account; establishing settlement procedures; and making technical corrections.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 4574--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-7c, relating to the state board of education prescribing instruction on personal finance in secondary schools.
     Referred to the Committee on Education.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4587--A Bill to amend and reenact §30-3C-1 of the code of West Virginia, 1931, as amended, relating to including persons who are members or consultants to review organizations within the definition of health care professionals for peer review purposes; including patient safety review in peer review; and including certain other organizations within the meaning of a review organization.
     Referred to the Committee on Health and Human Resources.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4596--A Bill to amend and reenact §8-22- 20a of the code of West Virginia, 1931, as amended, relating to municipal policeman and firemen pension and relief funds; and providing that where the state actuary has examined a municipal pension and relief fund for a particular year that fund may opt to use that actuarial valuation in place of any other actuarial valuation mandated by state law.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4603--A Bill to amend and reenact §18-7A- 3, §18-7a-14, §18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A-34 of the code of West Virginia, 1931, as amended, all relating to providing that rights of deceased retired participants to interest is to be included in the calculation of terminal benefits payable; making technical modifications; deleting the definition of earnable compensation; adding the definition of gross salary; clarifying maximum loan amount and making technical corrections.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4624--A Bill to amend and reenact §7-11B- 2, §7-11B-3, §7-11B-4, §7-11B-6, §7-11B-7, §7-11B-8, §7-11B-9, §7- 11B-10, §7-11B-11, §7-11B-12, §7-11B-13, §7-11B-15, §7-11B-16, §7- 11B-17, §7-11B-18, §7-11B-19, §7-11B-20, §7-11B-21, §7-11B-22, §7- 11B-23, §7-11B-24 and §7-11B-26 of the code of West Virginia, 1931, as amended, all relating generally to tax increment financing; defining certain terms and phrases; providing additional requirements for development or redevelopment project plans; providing for class II legal advertisements for public hearings; providing mechanism for more than development or redevelopment project plan per development or redevelopment district; revising conflict of interest provisions; providing for issuance of parity and subordinate bonds; making technical corrections.
     Referred to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 4668--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h; and to further amend said code by adding thereto a new section, designated §18-7A-26t, all relating to providing a supplemental pension benefit to certain retired members of the public employees retirement system and the teachers retirement system; specifying mandatory condition precedent required for supplement; and eligibility to receive supplement.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 48--Requesting the West Virginia Division of Highways to name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, the "James G. Berry Memorial Bridge".
     Whereas, James Grayson Berry was born on August 6, 1945, in Huntington, Cabell County, West Virginia, and attended school in Barboursville; and
     Whereas, James "Jimmy" Grayson Berry was killed October 10, 1965, in action in Vietnam while on a search and destroy operation when the vehicle in which he was riding was destroyed by an electrically detonated mine south of Ben Cat, Republic of Vietnam. Two other members of his unit were also killed in this incident; and
     Whereas, James "Jimmy" Grayson Berry was serving his second tour of duty in Vietnam, having enlisted in the Army on August 16, 1963. He had been on Okinawa since February, 1964, and was in the 173rd Airborne Division. He was a Specialist/4 who was awarded the Purple Heart, posthumously; and
     Whereas, James "Jimmy" Grayson Berry gave his young life in the service of his country on a battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
     Whereas, The life of James "Jimmy" Grayson Berry should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the members of the Legislature request the West Virginia Division of Highways to name the bridge connecting U. S. Route 60 East and Peyton Street in Barboursville, Cabell County, West Virginia, the "James G. Berry Memorial Bridge"; and, be it
     Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of James "Jimmy" Grayson Berry.
     Referred to the Committee on Transportation.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 49--Requesting the West Virginia Division of Highways to name the bridge located at U. S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge".
     Whereas, David Rickey Carson, the son of Mr. and Mrs. Raymond Carson, was born on September 8, 1947, at Lesage, Cabell County, West Virginia; and
     Whereas, Specialist/4 David Rickey Carson was killed in action on January 31, 1968, at Gia Dinh, Vietnam while serving in the U.S. Army, 1st Log Command; and
     Whereas, Specialist/4 David Rickey Carson was awarded the Purple Heart, posthumously; and
     Whereas, David Rickey Carson gave his young life in the service of his country on a battlefield in a country far away, the supreme sacrifice for the cause of freedom; and
     Whereas, The life of David Rickey Carson should not go unnoticed; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the members of the Legislature request the West Virginia Division of Highways to name the bridge located at U.S. Route 2 and Nine Mile Road in Cabell County, West Virginia, the "David Rickey Carson Memorial Bridge"; and, be it
     Further Resolved, That the West Virginia Division of Highways provide and erect a sign at either end of the bridge displaying the name of the bridge; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of David Rickey Carson.
     Referred to the Committee on Transportation.
Executive Communications

     The Clerk then presented a communication from His Excellency, the Governor, advising that on March 2, 2004, he had approved Enr. Senate Bill No. 449.
     The Senate proceeded to the sixth order of business.
     Senators Sprouse and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 70-- Requesting the Joint Committee on Government and Finance study the financial operations of senior centers and programs in each county of the state.
     Whereas, Senior citizens make up a large portion of the West Virginia population; and
     Whereas, A significant number of seniors in West Virginia rely on services provided by senior centers and programs in the various counties in West Virginia which are predominately funded by state and federal government appropriations; and
     Whereas, The citizens of West Virginia have the right to demand that much of the money provided to senior centers and programs be spent on providing services to seniors rather than exorbitant salaries for employees and contractors; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Joint Committee on Government and Finance is hereby requested to study the financial operations of senior centers and programs in each county of the state; and, be it
     Further Resolved, That the Joint Committee on Government and Finance determine if senior centers and programs are inappropriately using state and federal funding by paying employees and contractors exorbitant salaries and fees; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
      Which, under the rules, lies over one day.
     Senators Sprouse and Rowe offered the following resolution:
     Senate Concurrent Resolution No. 71-- Requesting the Joint Committee on Government and Finance study the increase in juvenile crime in West Virginia, the possible methods to prevent or deter juvenile crime, the projected future costs associated with juvenile crime and any alternative sentences to serving time in correctional facilities.
     Whereas, The population in juvenile detention centers has increased by an average of 12.6 percent per year from 1997 to 2002 and the average length-of-stay for juveniles committed to juvenile detention centers in 2001 was 9.7 months; and
     Whereas, The majority of juveniles committed to juvenile detention centers in 2001 were charged with only one offense, yet 43 percent of those cases involved repeat offenders; and
     Whereas, If current trends continue unchanged, the forecasted juvenile detention center population will grow 26 percent by the end of 2013; therefore, be it
      Resolved by the Legislature of West Virginia:
      That the Joint Committee on Government and Finance is hereby requested to study the increase in juvenile crime in West Virginia, the possible methods to prevent or deter juvenile crime, the projected future costs associated with juvenile crime and any alternative sentences to serving time in correctional facilities; and, be it
     Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
     Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
     Which, under the rules, lies over one day.
     Senators Oliverio, Rowe and Jenkins offered the following resolution:
     Senate Resolution No. 28-- Designating March 3, 2004, as "Disability Awareness Day".
     Whereas, There are approximately 400,000 West Virginians with disabilities; and
     Whereas, People with disabilities have the right to receive the support they need to exercise self-determination, achieve independence and become productive employees in the workplace; and
     Whereas, West Virginia's citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
     Whereas, Such organizations as the Appalachian Center for Independent Living, Coalition for West Virginia's Children, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia Mental Health Consumers Association, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia State Rehabilitation Council and West Virginia Parent Information Project have joined together to help increase public awareness of issues involving the many concerns of West Virginians with disabilities; and
     Whereas, The purpose of Disability Awareness Day is to increase the awareness of legislators, administrators, policymakers and the public of the issues that are important to people with disabilities; therefore, be it
     Resolved by the Senate:
     That the Senate hereby designates March 3, 2004, as "Disability Awareness Day"; and, be it
     Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
     At the request of Senator Oliverio, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
     On motion of Senator Chafin, the Senate recessed for one minute.
     Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions

     Senator Love presented a petition from Arnold D. Martin and numerous Fayette County residents, requesting public water for New Haven District.
     Referred to the Committee on Finance.
     The Senate proceeded to the seventh order of business.
      Senate Concurrent Resolution No. 69, Requesting Joint Committee on Government and Finance study creating Film Commission.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     House Concurrent Resolution No. 27, Requesting the Division of Highways to name the bridge crossing the West Fork River at Enterprise the "Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk .
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     House Concurrent Resolution No. 36, Naming the newly constructed bridge over Dunkard Creek on Route 39 in the western end of Monongalia County the "Robert C. "Bob" Beach Memorial Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk .
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     House Concurrent Resolution No. 40, Naming the bridge on Route 28 near Romney, Hampshire County, the "John Blue Bridge".
     On unfinished business, coming up in regular order, was reported by the Clerk .
     The question being on the adoption of the resolution, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     The Senate proceeded to the eighth order of business.
     Eng. Com. Sub. for Senate Bill No. 22, Requiring participation in motor vehicle alcohol test and lock program for repeat offenders.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 22) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 31, Providing person not guilty of trespassing for hunting with dogs on lands of another.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 31) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 58, Relating to commercial prisons.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 58) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 121, Expanding powers of investment management board; other provisions.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
     The nays were: Boley and Rowe--2.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 121) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Com. Sub. for Senate Bill No. 139, Creating Tourism Development Act.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 2, 2004, for amendments to be received on third reading, was reported by the Clerk.
      On motion of Senator Chafin, the following amendment to the bill was reported by the Clerk and adopted:
      On page seventeen, section seven, line ten, after the word "agreement" by changing the period to a colon and inserting the following proviso: Provided, That, if the tourism development project site is located within the permit area or an adjacent area of a surface mining operation, as these terms are defined in section three, article three, chapter twenty-two of this code, from which all coal has been or will be extracted prior to the commencement of the tourism development project, the maximum amount of credit allowable is equal to fifty percent of the approved company's approved costs as provided in the agreement.
      The bill, as just amended, was ordered to engrossment.
     Engrossed Committee Substitute for Senate Bill No. 139 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 139) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Com. Sub. for Senate Bill No. 143, Relating to small employer accident and sickness insurance policies.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 143) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Senate Bill No. 186, Authorizing sale of venison in restaurants.
     On third reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Fanning, the bill was referred to the Committee on Natural Resources.
      Eng. Com. Sub. for Com. Sub. for Senate Bill No. 221, Establishing Public-Private Transportation Facilities Act of 2004.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 221) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 262, Authorizing sale of certain real estate on Buffalo Creek, Logan County.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 262) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 262) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 313, Relating to mortgage license provisional approval; other provisions.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 313) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Com. Sub. for Senate Bill No. 315, Creating mental hygiene pilot program in certain counties or circuits.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 315) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 350, Authorizing bureau of commerce to promulgate legislative rules.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 350) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 350) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 399, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 399) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 399) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 408, Relating to growth county school facilities act.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Harrison--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 408) passed.
     On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
     On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 408--A Bill to amend and reenact §11-8-6f of the code of West Virginia, 1931, as amended; and to amend and reenact §18-9A-11 of said code, all relating generally to levies by county boards of education and expenditure of property taxes collected from the levies; allowing growth counties to use provisions of growth county school facilities act; providing that high-growth counties may place certain property tax revenues in a growth county school facilities act fund to be used for the benefit of school facilities in the high-growth county; allowing moneys in the fund to be carried over from year to year; and providing that revenues deposit in a growth county school facilities act fund are not considered local share for purposes of the state aid formula.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Harrison--1.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 408) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 418, Allowing certain sheriff employees to carry deadly weapons.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 418) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Com. Sub. for Senate Bill No. 454, Relating to land-use planning.
      On third reading, coming up in regular order, was reported by the Clerk.
     At the request of Senator McCabe, unanimous consent was granted to offer amendments to the bill on third reading.
     Thereupon, on motions of Senators McCabe and Snyder, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
     O n page forty-nine, section two, by striking out all of subdivision (1) in its entirety;
     And renumbering the remaining subdivisions;
     On page ninety-eight, section nine, line twenty-nine, after the word "actions" by inserting a comma and the words: "and keep the audio record in a safe manner, which audio record is accessible within twenty-four hours of demand, for three years";
     And,
     On page ninety-nine, section eleven, line one, by striking out the word "five" and inserting in lieu the word "ten".
      The bill, as just amended, was again ordered to engrossment.
     Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 454 was then read a third time and put upon its passage.
      On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--31.
     The nays were: Boley, Harrison and Weeks--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 454) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 456, Requiring state agencies administering funds or grants notify grantee in certain cases.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 456) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Senate Bill No. 482, Reclassifying juvenile detention and corrections facility employees.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 482) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 502, Relating to rights of members of teachers defined contribution retirement system.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 502) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 508, Relating to commission on arts.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 508) passed with its title.
     Senator Chafin moved that the bill take effect July 1, 2004.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 508) takes effect July 1, 2004.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 510, Relating to commission on uniform state laws.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 510) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Com. Sub. for Senate Bill No. 518, Relating to policemen and firemen required to work during holidays; compensation.
      On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 518) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
      Eng. Senate Bill No. 536, Relating to claims against state.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 536) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 536) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Com. Sub. for Com. Sub. for Senate Bill No. 551, Allowing alcohol beverage control commissioner to revoke or suspend wine licenses; other provisions.
     On third reading, coming up in regular order, with Senator Deem's amendment pending, and with the right having been granted on yesterday, Tuesday, March 2, 2004, for other amendments to be received on third reading, was reported by the Clerk.
     At the request of Senator Deem, and by unanimous consent, Senator Deem's pending amendment to the bill (shown in the Senate Journal of yesterday, Tuesday, March 3, 2004, pages 70 to 78)was withdrawn.
     On motion of Senator Deem, the following substitute amendment to the bill was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
     That §60-8-3, §60-8-6 and §60-8-18 of the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
     (a) Except as to farm wineries as defined by section five-a, article one of this chapter, no person may engage in business in the capacity of a distributor, retailer or private wine restaurant without first obtaining a license from the commissioner, nor shall a person continue to engage in any such that activity after his or her license has expired, been suspended or revoked. No person may be licensed simultaneously as a distributor and a retailer, as a distributor and a private wine restaurant, or as a retailer and a private wine restaurant.
     (b) The commissioner shall collect an annual fee for licenses issued under this article, as follows:
     (1) Twenty-five hundred dollars per year for a distributor's license and each. Each separate warehouse or other facility from which a distributor sells, transfers or delivers wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of twenty-five hundred dollars as herein provided in this subdivision;
     (2) One hundred fifty dollars per year for a retailer's license;
     (3) Fifty dollars per year for a wine-tasting license;
     (4) Fifty dollars for each sales representative of or employed by a licensed distributor;
     (5) Two hundred fifty dollars per year for a private wine restaurant license, and each. Each separate restaurant from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of two hundred fifty dollars as herein provided in this subdivision;
     (6) Twenty-five dollars per year for a West Virginia wine retailer's license, and each. Each separate retail outlet from which a West Virginia wine retailer sells West Virginia wine shall be separately licensed and there shall be collected with respect to each such location the annual license fee of twenty-five dollars as herein provided in this subdivision. The holder of such a license may sell no wines except those produced by West Virginia farm wineries as defined by section five-a, article one of this chapter. Except for the amount of the license fee and the restriction to sales of West Virginia wines, a West Virginia wine retailer is subject to all other provisions of this article which are applicable to a retailer as defined in section two of this article; and
_____(7) Twenty-five dollars per year for a wine shipper's license.
     (c) The license period shall begin begins on the first day of July of each year and end ends on the thirtieth day of June of the following year, and if granted for a less period, the same license period shall be computed semiannually in proportion to the remainder of the fiscal year.
     (d) No retailer may be licensed as a private club as provided by article seven of this chapter.
     (e) No retailer may be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code: Provided, That a delicatessen, caterer or party supply store which is a grocery store as defined in section two of this article and which is licensed as a Class A retail dealer in nonintoxicating beer may be a retailer under this article: Provided, however, That any delicatessen, caterer or party supply store licensed in both such capacities must maintain average monthly sales exclusive of sales of wine and nonintoxicating beer which exceed the average monthly sales of nonintoxicating beer.
     (f) A retailer under this article may also hold a wine-tasting license authorizing such retailer to serve complimentary samples of wine in moderate quantities for tasting. Such The retailer shall organize a winetaster's club, which has at least fifty duly elected or approved dues-paying members in good standing. Such The club shall meet on the retailer's premises not more than one time per week and shall either meet at a time when the premises are closed to the general public or shall meet in a separate segregated facility on the premises to which the general public is not admitted. Attendance at tastings shall be limited to duly elected or approved dues-paying members and their guests.
     (g) A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment. A retailer's license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop.
     (h) The commissioner may issue a special license for the retail sale of wine at any festival or fair which is endorsed or sponsored by the governing body of a municipality or a county commission. Such The special license shall be issued for a term of no longer than ten consecutive days and the fee therefor shall be for the license is two hundred fifty dollars regardless of the term of the license unless the applicant is the manufacturer of said the wine on a farm winery as defined in section five-a, article one of this chapter, in which event the fee shall be is twenty-five dollars. The application for such the license shall contain such may information as required by the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at such the festival or fair. A farm winery licensed under this subsection may exhibit, conduct tastings, not to exceed a reasonable serving, and may sell wine only for consumption off the premises of such the festival or fair. A special license issued other than to a farm winery may be issued to a "wine club" as defined hereinbelow in this subsection. The festival or fair committee or the governing body shall designate a person to organize a club under a name which includes the name of the festival or fair and the words "wine club". The license shall be issued in the name of the wine club. A licensee may not commence the sale of wine as provided for in this subsection until the wine club has at least fifty dues-paying members who have been enrolled and to whom membership cards have been issued. Thereafter, new members may be enrolled and issued membership cards at any time during the period for which the license is issued. A wine club licensed under the provisions of this subsection may sell wine only to its members and in portions not to exceed eight ounces per serving. Such The sales shall take place on premises or in an area cordoned or segregated so as to be closed to the general public, and the general public shall not be admitted to such the premises or area. A wine club licensee under the provisions of this subsection shall be authorized to may serve complimentary samples of wine in moderate quantities for tasting.
     A license issued under the provisions of this subsection and the licensee holding such the license shall be is subject to all other provisions of this article and the rules, regulations and orders of the commissioner relating to such the special license: Provided, That the commissioner may by rule, regulation, or order provide for certain waivers or exceptions with respect to such the provisions, rules, regulations, or orders as required by the circumstances of each such festival or fair may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of section twelve of this article: Provided, however, That under no circumstances shall the provisions of subsection (c) or (d), section twenty of this article be waived nor shall any exception be granted with respect thereto.
     A license issued under the provisions of this subsection and the licensee holding such the license shall is not be subject to the provisions of subsection (g) of this section.
     (i) A license to sell wine granted to a private wine restaurant under the provisions of this article entitles the operator to sell and serve wine, for consumption on the premises of the licensee, when such the sale accompanies the serving of food or a meal to its members and their guests in accordance with the provisions of this article. Such The licensees are authorized to may keep and maintain on their premises a supply of wine in such appropriate quantities as may be appropriate for the conduct of operations thereof of the premises. Any sale of wine so made shall be is subject to all restrictions set forth in section twenty of this article. A private wine restaurant may also be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code.
     (j) With respect to subsections (h) and (i) of this section, the commissioner shall promulgate propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code with regard to the form of the applications, the suitability of both the applicant and location of the licensed premises and such any other legislative rules deemed considered necessary to carry the provisions of such the subsections into effect.
     (k) The commissioner shall promulgate propose legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to allow restaurants to serve West Virginia wine with meals, but not to sell the wine by the bottle. Each licensed restaurant so licensed shall be charged a fee less than that charged for a wine license to a retail outlet, such. The fees to shall be set forth in the aforementioned rules promulgated pursuant to this subsection.
     (l) The commissioner shall establish guidelines to permit West Virginia wines to be sold in state stores.
     (m) Farm wineries as defined in section one-a of this article may advertise off premises as provided in section seven, article twenty-two, chapter seventeen of this code and in any other media, including, but not limited to, newspaper, radio, television, magazines and direct mail solicitation.
§60-8-6. License or registration required for sale or shipment of wine; shipment of limited quantities of wine to adult residents permitted.

     (a) Except as to the commissioner and except as provided in subsection (b) of this section, no person may offer for sale or sell wine in this state, or offer wine for shipment into this state, except to a distributor who is duly licensed under this article. Every person, whether resident or nonresident in this state, who is engaged in or desires to engage in the sale or shipment of wine to a distributor for resale under this article shall, prior to engaging in such those activities, register with the commissioner. If any such person violates the provisions of this article, he or she shall not be permitted to sell, ship or deliver any wine to a distributor or to the commissioner or otherwise engage in the wine business in this state for a period of one year from the date a notice is mailed to such that person by the commissioner of the fact that such that person has violated the provisions of this article. During such the one-year period, it shall be is unlawful for any distributor within this state to buy or receive wine from such that person or to have any dealings with such that person with respect thereto to the sale of wine. Hearings and appeals on such the notices may be had in the same manner as in the case of revocations of licenses under this article.
     (b) Notwithstanding the provisions of this chapter or any other law to the contrary, an adult resident or a duly licensed retailer or distributor of alcoholic beverages in a state or nation which affords adults and duly licensed retailers and distributors of this state an equal reciprocal shipping privilege any person currently licensed in its state of domicile as a winery or retailer of wine may apply to the commissioner for a wine shipper's license. A licensed wine shipper may ship wine, for personal use and not for resale, not more than two cases of wine per month, not to exceed eighteen liters of wine in any month to any adult resident in this state. Delivery of a shipment pursuant to this section shall not be deemed to constitute constitutes a sale in this state. All shipments of wine into this state from licensed wine shippers shall be made by a licensed carrier. Direct shippers or carriers shall not ship into areas of the state where wine may not be lawfully sold. The licensed wine shipper shall collect the taxes due this state and remit all excise, sales and municipal taxes monthly to the department of tax and revenue on forms prescribed by the commissioner. The shipping container of any wine sent into or out of this state under this subsection shall be clearly labeled to indicate that the package cannot be delivered to any person under the age of twenty-one or to an intoxicated person and the carriers are required to obtain an adult signature upon delivery. No adult resident or duly licensed retailer or distributor may advertise the availability of wines by shipment to residents of this state.
§60-8-18. Revocation or suspension of license; monetary penalty; procedure upon refusal, revocation or suspension.

  (a) The commissioner may on his or her own motion, or shall on the sworn complaint of any person, conduct an investigation to determine if any provisions of this article or any rule promulgated or order issued by the commissioner have been violated by any licensee. The commissioner may suspend or revoke any licensee's license if he
__(1) If the commissioner finds that such the licensee has violated any provision of this article or any rule promulgated or order issued by the commissioner, or if he the commissioner finds the existence of any ground on which a license could have been refused, if such the licensee were then applying for a license, and if the commissioner may:
__(A) Revoke the licensee's license;
__(B) Suspend the licensee's license for the period determined by the commissioner not to exceed twelve months; or
__(C) Place the licensee on probation for a period not to exceed twelve months; and
__(D) Impose a monetary penalty not to exceed one thousand dollars for each violation where revocation is not imposed.
  (2) If the commissioner finds that a licensee has willfully violated any provision of this article he or any rule promulgated or order issued by the commissioner, the commissioner shall revoke such the licensee's license.
  (b) Whenever any If a distributor fails or refuses to keep in effect the bond required by section twenty twenty-nine of this article, in effect, such the commissioner shall automatically suspend the distributor's license shall be automatically suspended until such time as the bond required by said section is furnished to the commissioner, at which time such the commissioner shall vacate the suspension shall be vacated.
  (c) Whenever the commissioner refuses to issue a license, or suspends or revokes a license, places a licensee on probation or imposes a monetary penalty, he or she shall enter an order to that effect and cause a copy of the order to be served in person or by certified mail, return receipt requested, on the licensee or applicant.
  (d) Any applicant or licensee, as the case may be, adversely affected by such the order shall have has a right to a hearing thereon on the order before the commissioner, providing that provided the demand in writing for such a hearing is served upon the commissioner within ten days following the receipt by such the applicant or licensee of the copy of said commissioner's order. The Timely service of such a demand for a hearing upon the commissioner shall operate operates to suspend the execution of the order with respect to which a hearing is being demanded, except an order suspending a license under the provisions of subsection (b) of this section. The person demanding a hearing shall give security for the cost of such the hearing in such the form and amount as the commissioner may reasonably require. If the person demanding such the hearing does not substantially prevail in such the hearing or upon judicial review thereof of the order as hereinafter provided in subsections (g) and (h) of this section, then the costs of such the hearing shall be assessed against him or her by the commissioner and may be collected by an action at law or other proper remedy.
  (e) The Upon receipt of a timely served written demand for a hearing, the commissioner shall immediately set a date for such the hearing and notify the person demanding such the hearing thereof, which of the date, time and place of the hearing which shall be held within thirty days after receipt of said the demand. At such the hearing, the commissioner shall hear evidence and thereafter enter an order supporting supported by findings of facts, affirming, modifying or vacating the order, which. The order shall be is final unless vacated or modified upon judicial review thereof of the order.
  (f) Such The hearing and the administrative procedure prior to, during and following the hearing shall be governed by and in accordance with the provisions of article five, chapter twenty- nine-a of this code in like manner as if the provisions of article five were set forth in extenso in this section.
  (g) Any person applicant or licensee adversely affected by an order entered following such a hearing shall have has the right of judicial review thereof of the order in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code with like effect as if the provisions of said section four were set forth in extenso herein.
  (h) The judgment of a circuit court reviewing the order of the commissioner shall be is final unless reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this ode.
  (i) Legal counsel and services for the commissioner in all such proceedings in any circuit court and the supreme court of appeals shall be provided by the attorney general or his or her assistants and in any proceedings in any circuit court by the prosecuting attorney of that county as well, all without additional compensation.
   There being no further amendments offered,
  The bill, as just amended, was ordered to engrossment.
  Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 551 was then read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 551) passed.
  On motion of Senator Deem, the following amendment to the title of the bill was reported by the Clerk and adopted:
  On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
  Eng. Com. Sub. for Com. Sub. for Senate Bill No. 551--A Bill to amend and reenact §60-8-3, §60-8-6 and §60-8-18 of the code of West Virginia, 1931, as amended, all relating to the sale of wine; imposing an annual 25-dollar fee for licenses allowing wine to be shipped to adult residents from wineries and retailers who are licensed in their state of domicile; restrictions on shipment; collection and remittance of taxes; requiring adult signature; and allowing commissioner to revoke, suspend, place licensee on probation and impose a monetary penalty on licensee for violation of article or any rule promulgated or order issued by the commissioner.
   Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for Senate Bill No. 554, Continuing guardianship or conservatorship of deceased protected persons.
   On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 554) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
   Eng. Senate Bill No. 563, Relating to public employees retirement act.
   On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 563) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
   Eng. Com. Sub. for Senate Bill No. 564, Relating to physicians' mutual insurance company.
   On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 564) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for Senate Bill No. 565, Allowing game proceeds to be transferred between raffle and bingo accounts.
   On third reading, coming up in regular order, was reported by the Clerk.
   Senator Chafin requested unanimous consent to offer amendments to the bill on third reading.
  Which consent was not granted, Senator Smith objecting.
  Senator Chafin then moved to amend the bill on third reading.
  On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
  The nays were: Guills, Harrison, Smith and Weeks--4.
  Absent: None.
  So, two thirds of all the members present and voting having voted in the affirmative, the President declared Senator Chafin's aforestated motion had prevailed.
  Thereupon, on motion of Senator Chafin, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
   On page two, after the article heading, by inserting two new sections, designated sections eleven and twelve-a, to read as follows:
 §47-20-11. Operator of bingo games and related concessions.
  (a) Except as provided in sections thirteen and twenty-two of this article, the only persons, as defined in section two of this article, that may participate in any manner in the conduct of any bingo game or operate any concession in conjunction with a bingo occasion are either:
  (1) Residents of this state and who are active members of the licensee organization or its authorized auxiliary organization and who have been active members in good standing of the licensee organization or its authorized auxiliary for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license; may participate in any manner in the conduct of any bingo game or operate any concession in conjunction with a bingo occasion: Provided, That or
__(2) Employees of the licensee organization or its authorized auxiliary organization who are residents of this state or who reside in a contiguous state within thirty-five miles from this state.
__(b) Notwithstanding anything contained in this article to the contrary, no individual under the age of eighteen years may, directly or indirectly, participate in the conduct of a bingo game except for junior firefighters in accordance with the provisions of this article.
§47-20-12a. Compensation of bingo operator; number of employees.
  (a) Within the guidelines set forth in subsections (b), (c) and (d) of this section, a licensee may pay a salary, the minimum of which shall be established at is the federal minimum wage, and the maximum being of which is six dollars and fifty cents per hour, to operators of bingo games who are either:
  (1) Active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable bingo license or the most recent filing of an application for renewal of the license; or
__(2) Employees of the licensee organization or its authorized auxiliary organization who are residents of this state or who reside in a contiguous state within thirty-five miles from this state.
  (b) If the licensee's gross receipts from bingo occasions equal or exceed one hundred thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than eight operators.
  (c) If the licensee's gross receipts from bingo occasions are less than one hundred thousand dollars, but equal or exceed fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than five operators.
  (d) If the licensee's gross receipts from bingo occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than three operators.
  (e) If the licensee also possesses a super bingo license, it may pay a salary to not more than fifteen operators during the super bingo occasion.
  (f) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable bingo operator employees allowed under this limitation for bingo licensees shall be is in addition to the number of charitable raffle operator employees allowed under section fifteen, article twenty-one of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations, and the charitable bingo fund and the charitable raffle fund and payments from the funds shall may not be commingled.
  (g) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" shall does not include concession stand workers. Wages paid to concession workers shall may not exceed six dollars and fifty cents per hour.;
   And,
  On page three, after the article heading, by inserting a new section, designated section twelve, to read as follows:
 §47-21-12. Compensation.
  (a) A licensee may pay a salary, the minimum of which shall be established at is the federal minimum wage, and the maximum of which shall be is six dollars and fifty cents per hour, to operators of charitable raffle games who are either:
  (1) Active members of the licensee organization and who have been active members in good standing for at least two years prior to the date of filing of the application for a charitable raffle license or the most recent filing of an application for renewal of the license; or
__(2) Employees of the licensee organization who are residents of this state or who reside in a contiguous state within thirty- five miles from this state.
  (b) If the licensee's gross receipts from raffle occasions equal or exceed one hundred thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than eight operators.
  (c) If the licensee's gross receipts from charitable raffle occasions are less than one hundred thousand dollars, but equal or exceed fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to not more than five operators.
  (d) If the licensee's gross receipts from charitable raffle occasions are less than fifty thousand dollars for the licensee's most recently filed annual financial report, a salary may be paid to no more than three operators.
  (e) In the case of a licensee lawfully holding a charitable bingo occasion simultaneously with a charitable raffle occasion, the number of paid charitable raffle operator employees allowed under this limitation for charitable raffle licensees is in addition to the number of charitable bingo operator employees allowed under section twelve-a, article twenty of this chapter. Licensees holding simultaneous occasions shall pay bingo operators from the proceeds of bingo operations and shall pay raffle operators from the proceeds of raffle operations, and the charitable bingo fund and the charitable raffle fund and payments from the funds shall may not be commingled.
  (f) For purposes of the limitations set forth in this section, the term "operator" or "bingo operator" or "raffle operator" shall does not include concession stand workers. Wages paid to concession workers shall may not exceed six dollars and fifty cents per hour.
  On motion of Senator Chafin, the following amendment to the bill was next reported by the Clerk and adopted:
   On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
   That §47-20-1 1, §47-20-12a and §47-20-16 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §47-21-1 2 and §47-21-16 of said code be amended and reenacted, all to read as follows:.
   The bill, as just amended, was again ordered to engrossment.
  At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill (Eng. Com. Sub. for S. B. No. 565) was deferred until the conclusion of bills on today's second reading calendar.
   Eng. Senate Bill No. 569, Clarifying and preserving irrevocability of certain trusts.
   On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 569) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
   Eng. Com. Sub. for Com. Sub. for Senate Bill No. 616, Relating to environmental protection advisory council.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr. President)--31.
  The nays were: Hunter, Rowe and Unger--3.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 616) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for Com. Sub. for Senate Bill No. 624, Requiring criminal and driving record checks for public employment and certain other individuals.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 624) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Com. Sub. for Senate Bill No. 629, Creating Small Estate Probate Relief Act of 2004.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 629) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Senate Bill No. 631, Relating to state fertilizer law.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 631) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  Eng. Senate Bill No. 633, Relating to electronic mail addresses protected in higher education institutions; penalty.
  On third reading, coming up in regular order, was read a third time and put upon its passage.
  On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
  The nays were: None.
  Absent: None.
  So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 633) passed with its title.
  Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
  At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
  Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
  Your Committee on Health and Human Resources has had under consideration
  Eng. House Bill No. 4084, West Virginia Pharmaceutical Availability and Affordability Act.
  And has amended same.
  And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                                        Respectfully submitted,
                                         Roman W. Prezioso, Jr.,
                                         Chair.
  At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 4084) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Health and Human Resources pending.
  Pending announcement of meetings of standing committees of the Senate,
  On motion of Senator Chafin, the Senate recessed until 5 p.m. today.