The Senate proceeded to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 662 (originating in the Committee on Finance)- -A Bill expiring funds to the unappropriated surplus balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand three, in the amount of one hundred fifty thousand dollars from the division of banking - assessment and examination fund, fund 3041, fiscal year 2003, organization 0303, in the amount of one hundred thousand dollars from the insurance commissioner - insurance commission fund, fund 7152, fiscal year 2003, organization 0704, and in the amount of one hundred thousand dollars from the alcohol beverage control administration - general administrative fund, fund 7352, fiscal year 2003, organization 0708, and making a supplementary appropriation of public moneys out of the treasury from the unappropriated surplus balance for the fiscal year ending the thirtieth day of June, two thousand three, to the department of tax and revenue - tax division, fund 0470, fiscal year 2003, organization 0702.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 662) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     The bill was read a second time and ordered to engrossment and third reading.
     Engrossed Senate Bill No. 662 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 662) 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. 662) takes effect from passage.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Eng. Com. Sub. for House Bill No. 2003, Allowing municipalities to self-insure together and promulgation of rules by the Commissioner of Insurance.
     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,
                               Edwin J. Bowman,
                               Chair.
      At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
     At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2003) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
      On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     The bill (Eng. Com. Sub. for H. B. No. 2003) was then read a second time.
     The following amendment to the bill, from the Committee on Government Organization, 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 article twelve, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fourteen; and that section sixteen, article twelve-a of said chapter be amended and reenacted, all to read as follows:
ARTICLE 12. STATE INSURANCE.
§29-12-14. Promulgation of rules.
     The board of risk and insurance management is authorized to propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, that are necessary to administer the powers and duties of the board, including, but not limited to, rules setting minimum contract terms for entities participating in insurance programs and mandatory waiting periods for reentry into insurance programs for entities which have terminated coverage through the board.
ARTICLE 12A. GOVERNMENTAL TORT CLAIMS AND INSURANCE REFORM ACT.
§29-12A-16. Procurement of liability insurance and self-insurance.      (a) A political subdivision may use public funds to secure insurance with respect to its potential liability and that of its employees in for damages in civil actions for injury, death or loss to persons or property allegedly caused by an act or omission of the political subdivision or any of its employees, including insurance coverage procured through the state board of risk and insurance management. The insurance may be at the limits for the circumstances and subject to the terms and conditions that are determined by the political subdivision in its discretion.
     The insurance may be for the period of time that is set forth in specifications for competitive bids or, when competitive bidding is not required, for the period of time that is mutually agreed upon by the political subdivision and insurance company. The period of time does not have to be, but can be, limited to the fiscal cycle under which the political subdivision is funded and operates.
     (b) (1) Regardless of whether a political subdivision procures a policy or policies of liability insurance pursuant to subsection (a) of this section or otherwise:
     (A) the Any political subdivision may establish and maintain a self-insurance program relative to its potential liability and that of its employees in for damages in civil actions for injury, death or loss to persons or property allegedly caused by an act or omission of the political subdivision or any of its employees; or
_____(B) Any group of two or more political subdivisions may establish and maintain a self-insurance pool relative to their collective potential liability and that of their collective employees for damages in civil actions for injury, death or loss to persons or property allegedly caused by an act or omission of the political subdivision or any of its employees.
_____(2) If it so chooses, the political subdivision or group of political subdivisions may contract with any person, any licensed West Virginia insurance agent, other political subdivision, municipal association, county association or regional council of governments for purposes of the administration of such a the program or pool.
     (c) Political subdivisions that have established self- insurance programs relative to their potential liability and that of their employees, as described in paragraph (A), subdivision (1), subsection (b) of this section, may mutually agree that their self- insurance programs will may be jointly administered in a specified manner.
     (d) The purchase of liability insurance, or the establishment and maintenance of a self-insurance program, by a political subdivision does not constitute a waiver of any immunity it may have pursuant to this article or any defense of the political subdivision or its employees.
     (e) The authorization for political subdivisions to secure insurance and to establish and maintain self-insurance programs and pools, as set out in subsections (a) and (b) of this section, are in addition to any other authority to secure insurance or to establish and maintain self-insurance that is granted pursuant to this code or the constitution of this state and they are not in derogation of any other authorization.
     (f) An insurance agent licensed in West Virginia is authorized to establish or write policies for a self-insurance program or pool for political subdivisions pursuant to the provisions of this section.
_____(f) (g) The commissioner of insurance shall promulgate legislative propose rules for legislative approval, or regulations pursuant to the provisions of chapter twenty-nine-a of this code, setting forth guidelines relating to self-insurance programs the criteria for establishing and maintaining self-insurance programs and pools for political subdivisions.
     The bill, as amended, was then ordered to third reading.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2003) 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 H. B. No. 2003) passed.
     The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2003--A Bill to amend article twelve, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen; and to amend and reenact section sixteen, article twelve-a of said chapter, all relating to authorizing political subdivisions to establish and maintain self-insurance pools; authorizing the board of risk and insurance management to propose rules dealing with insurance programs; authorizing West Virginia insurance agents to establish and write policies for self-insurance programs and pools; and requiring the insurance commissioner to propose legislative rules relating to self-insurance programs and pools for political subdivisions.
      Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2092, Creating a sentencing commission and providing for the appointment, terms and qualifications of members.
     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,
                               Jeffrey V. Kessler,
                               Chair.
      At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
      At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2092) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     The bill (Eng. Com. Sub. for H. B. No. 2092) was then read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, 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 article nine, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:
ARTICLE 9. GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.

§15-9-4. Criminal sentencing research.
      The governor's committee on crime, delinquency and correction shall conduct comprehensive research on the state's criminal sanctioning process for adult offenders. The purpose of the research is to promote a fuller understanding of this state's criminal justice system and shall include the review of issues of sentence length imposed, actual sentence length served, parole eligibility, parole revocation, determinate or indeterminate sentences, availability of alternatives to incarceration for certain offenses and the respective roles that each of these and other criminal sanction issues may plan in the increased demand for prison bed space. The committee shall report to the governor and the Legislature on or before the first day of January, two thousand four, and at its discretion thereafter, the findings of its research.
     The bill, as amended, was then ordered to third reading.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2092) 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 H. B. No. 2092) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2092--A Bill to amend article nine, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to establishing within the governor's committee on crime, delinquency and correction a research component relating to criminal sentencing; and requiring reports.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2126, Strengthening penalties relating to violations of fire laws and rules.
     And has amended same.
     Now on second reading, having been read a first time and rereferred to the Committee on the Judiciary on March 6, 2003;
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2126) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
     The following amendment to the bill, from the Committee on the Judiciary, 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 sections twelve, sixteen-a and twenty-seven, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section four, article three-a of said chapter be amended and reenacted; and that article three, chapter sixty-one of said code be amended by adding thereto a new section, designated section five-a, all to read as follows:
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-12. Powers and duties of state fire marshal.
     (a) Enforcement of laws. -- The state fire marshal and any other person authorized to enforce the provisions of this article under the supervision and direction of the state fire marshal has the authority to enforce all laws of the state having to do with:
     (1) Prevention of fire;
     (2) The storage, sale and use of any explosive,
combustible or other dangerous article or articles in solid, flammable liquid or gas form;
     (3) The installation and maintenance of equipment of all sorts intended to extinguish, detect and control fires;
     (4) The means and adequacy of exit, in case of fire, from buildings and all other places in which persons work, live or congregate, from time to time, for any purpose, except buildings used wholly as dwelling houses for no more than two families;
     (5) The suppression of arson; and
     (6) Any other thing necessary to carry into effect the provisions of this article, including, but not limited to, confiscating any materials, chemicals, items or personal property owned, possessed or used in direct violation of the state fire code.
     (b) Assistance upon request. -- Upon request, the state fire marshal shall assist any chief of any recognized fire company or department. Upon the request of any federal law-enforcement officer, state police officer, conservation officer or any county or municipal law-enforcement officer, the state fire marshal, any deputy state fire marshal or assistant state fire marshal employed pursuant to section eleven of this article and any person deputized pursuant to subsection (j) of this section may assist in the lawful execution of the requesting officer's official duties: Provided, That the state fire marshal or other person authorized to act under this subsection shall at all times work under the direct supervision of the requesting officer.
     (c) Enforcement of rules. -- The state fire marshal shall enforce the rules promulgated by the state fire commission as authorized by this article.
     (d) Inspections generally. -- The state fire marshal shall inspect all structures and facilities, other than one- and two- family dwelling houses, subject to the state fire code and this article, including, but not limited to, state-, county- and municipally owned institutions, all public and private schools, health care facilities, theaters, churches and other places of public assembly to determine whether the structures or facilities are in compliance with the state fire code.
     (e) Right of entry. -- The state fire marshal may, at all reasonable hours, enter any building or premises, other than dwelling houses, for the purpose of making an inspection which he or she may consider necessary under the provisions of this article. The state fire marshal and any deputy state fire marshal or assistant state fire marshal approved by the state fire marshal may enter upon any property, or enter any building, structure or premises, including dwelling houses during construction and prior to occupancy, for the purpose of ascertaining compliance with the conditions set forth in any permit or license issued by the office of the state fire marshal pursuant to subdivision (1), subsection (a), section twelve-b of this article or of article three-b of this chapter.
     (f) Investigations. -- The state fire marshal may, at any time, investigate as to the origin or circumstances of any fire or explosion or attempt to cause fire or explosion occurring in the state. The state fire marshal has the authority at all times of the day or night, in performance of the duties imposed by the provisions of this article, to investigate where any fires or explosions or attempt to cause fires or explosions may have occurred or which at the time may be burning. Notwithstanding the above provisions of this subsection, prior to entering any building or premises for the purposes of such the investigation, the state fire marshal shall obtain a proper search warrant: Provided, That a search warrant is not necessary where there is permissive waiver or the state fire marshal is an invitee of the individual having legal custody and control of the property, building or premises to be searched.
     (g) Testimony. -- The state fire marshal, in making an inspection or investigation when in his or her judgment such proceedings are it is necessary, may take the statements or testimony under oath of all persons who may be cognizant of any facts or have any knowledge about the matter to be examined and inquired into and may have the statements or testimony reduced to writing; and shall transmit a copy of such the statements or testimony so taken to the prosecuting attorney for the county wherein where the fire or explosion or attempt to cause a fire or explosion occurred. Notwithstanding the above, no person may be compelled to testify or give any such a statement under this subsection.
     (h) Arrests; warrants. -- The state fire marshal, any full- time deputy fire marshal or any full-time assistant fire marshal employed by the state fire marshal pursuant to section eleven of this article is hereby authorized and empowered and any person deputized pursuant to subsection (j) of this section may be authorized and empowered by the state fire marshal:
     (1) To arrest any person anywhere within in the confines of the state of West Virginia, or have him or her arrested, for any violation of the arson-related offenses of article three, chapter sixty-one of this code or of the explosives-related offenses of article three-e of said chapter: Provided, That any and all persons so arrested shall be forthwith brought before the magistrate or circuit court.
     (2) To make complaint in writing before any court or officer having jurisdiction and obtain, serve and execute an arrest warrant when knowing or having reason to believe that anyone has committed an offense under any provision of this article, of the arson- related offenses of article three, chapter sixty-one of this code or of the explosives-related offenses of article three-e of said chapter. Proper return shall be made on all arrest warrants before the tribunal having jurisdiction over such the violation.
     (3) To make complaint in writing before any court or officer having jurisdiction and obtain, serve and execute a warrant for the search of any premises that may possess evidence or unlawful contraband relating to violations of this article, of the arson- related offenses of article three, chapter sixty-one of this code or of the explosives-related offenses of article three-e of said chapter. Proper return shall be made on all search warrants before the tribunal having jurisdiction over such the violation.
     (i) Witnesses and oaths. -- The state fire marshal is empowered and authorized to may issue subpoenas and subpoenas duces tecum to compel the attendance of persons before him or her to testify in relation to any matter which is, by the provision of this article, a subject of inquiry and investigation by the state fire marshal and cause to be produced before him or her such papers as he or she may require that he or she requires in making such the examination. The state fire marshal is hereby authorized to administer oaths and affirmations to persons appearing as witnesses before him or her. False swearing in any matter or proceeding aforesaid shall be considered these inquiries or investigations is perjury and shall be is punishable as such perjury.
     (j) Deputizing members of fire departments in this state. -- The state fire marshal may deputize a member of any fire department duly organized and operating in this state who is approved by the chief of his or her department and who is properly qualified to act as his or her assistant for the purpose of making inspections with the consent of the property owner or the person in control of the property and such the investigations as may be directed by the state fire marshal, and the carrying out of such other orders as may be prescribed by him or her, to enforce and make effective the provisions of this article and any and all rules promulgated by the state fire commission under authority of this article: Provided, That in the case of a volunteer fire department, only the chief thereof or his or her of the department or the chief's single designated assistant may be so deputized.
     (k) Written report of examinations. -- The state fire marshal shall, at the request of the county commission of any county or the municipal authorities of any incorporated municipality in this state, make to them a written report of the examination made by him or her regarding any fire happening within their respective jurisdictions.
     (l) Report of losses by insurance companies. -- It is the duty of each fire insurance company or association doing business in this state, within ten days after the adjustment of any loss sustained by it that exceeds fifteen hundred dollars, to report to the state fire marshal information regarding the amount of insurance, the value of the property insured and the amount of claim as adjusted. This report is in addition to any such other information required by the state insurance commissioner. Upon the request of the owner or insurer of any property destroyed or injured by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the state fire marshal shall report in writing to the owner or insurer the result of the examination regarding the property.
     (m) Issuance of permits and licenses. -- The state fire marshal is authorized to issue permits, documents and licenses in accordance with the provisions of this article or of article three- b of this chapter. The state fire marshal may require any person who applies for a permit to use explosives, other than an applicant for a license to be a pyrotechnic operator under section twenty-four of this article, to be fingerprinted and to authorize the state fire marshal to conduct a criminal records check through the criminal identification bureau of the West Virginia state police and a national criminal history check through the federal bureau of investigation. The results of any criminal records or criminal history check shall be sent to the state fire marshal.
     (n) Issuance of citations for fire and life safety violations. -- The state fire marshal, any deputy fire marshal and any assistant fire marshal employed pursuant to section eleven of this article are hereby authorized and any person deputized pursuant to subsection (j) of this section may be authorized by the state fire marshal to issue citations, in his or her jurisdiction, for fire and life safety violations of the state fire code and as provided for by the rules promulgated by the state fire commission in accordance with article three, chapter twenty-nine-a of this code: Provided, That a summary report of all citations issued pursuant to this section by persons deputized under subsection (j) of this section shall be forwarded monthly to the state fire marshal in such the form and containing information as he or she may by rule require, including the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation and the person to whom the citation was issued. The state fire marshal may at any time revoke the authorization of a person deputized pursuant to subsection (j) of this section to issue citations if, in the opinion of the state fire marshal, the exercise of authority by the person is inappropriate. Violations for which citations may be issued include, but are not limited to:
     (1) Overcrowding places of public assembly;
     (2) Locked or blocked exits in public areas;
     (3) Failure to abate a fire hazard;
     (4) Blocking of fire lanes or fire department connections; and
     (5) Tampering with, or rendering inoperable except during necessary maintenance or repairs, on-premise fire-fighting equipment, fire detection equipment and fire alarm systems.
     (o) Required training; liability coverage. -- No person deputized pursuant to subsection (j) of this section may be authorized to issue a citation unless that person has satisfactorily completed a law-enforcement officer training course designed specifically for fire marshals. The course shall be approved by the law-enforcement training subcommittee of the governor's committee on criminal justice and highway safety and the state fire commission. In addition, no person deputized pursuant to subsection (j) of this section may be authorized to issue a citation until evidence of liability coverage of such the person has been provided, in the case of a paid municipal fire department by the municipality wherein where the fire department is located, or in the case of a volunteer fire department, by the county commission of the county wherein where the fire department is located or by the municipality served by the volunteer fire department, and that evidence of liability coverage has been filed with the state fire marshal.
     (p) Penalties for violations. -- Any person who violates any fire and life safety rule of the state fire code is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned confined in the county or regional jail not more than ninety days, or both fined and imprisoned confined. Each and every day during which any violation of the provisions of this article continues after knowledge or official notice that same is illegal is a separate offense.
§29-3-16a. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units; penalty.

     (a) On or before the first day of July, one thousand nine hundred ninety-one, an An operational smoke detector shall be installed in the immediate vicinity of each sleeping area within all one- and two-family dwellings, including any "manufactured home" as that term is defined in subsection (j), section two, article nine, chapter twenty-one of this code. The smoke detector shall be capable of sensing visible or invisible particles of combustion and shall meet the specifications and be installed as provided in the national fire protection association standard 72, "Standard for the Installation, Maintenance and Use of Household Fire Warning Equipment", 1996 1999 edition, and in the manufacturer's specifications. When activated, the smoke detector shall provide an alarm suitable to warn the occupants of the danger of fire.
     (b) The owner of each dwelling described in subsection (a) of this section shall provide, install and replace the operational smoke detectors required by this section. So as to assure that the smoke detector continues to be operational, in each dwelling described in subsection (a) of this section which is not occupied by the its owner thereof, the tenant in any dwelling shall perform routine maintenance on the smoke detectors within the dwelling.
     (c) Where a dwelling is not occupied by the owner and is occupied by an individual who is deaf or hearing impaired, the owner shall, upon written request by or on behalf of the individual, provide and install a smoke detector with a light signal sufficient to warn the deaf or hearing-impaired individual of the danger of fire.
     (d) An automatic fire sprinkler system installed in accordance with the national fire protection association standard 13D, "Standard for the Installation of Sprinkler Systems in Residential Occupancies", 1989 1999 edition, may be provided in lieu of smoke detectors.
     (e) After investigating a fire in any dwelling described in subsection (a) of this section, the local investigating authority shall issue to the owner a smoke detector installation order in the absence of the required smoke detectors.
     (f) After the first day of July, one thousand nine hundred ninety-eight, an An operational carbon monoxide detector with a suitable alarm shall be installed in accordance with the manufacturer's direction:
     (1) In any newly constructed residential unit which has a fuel-burning heating or cooking source, including, but not limited to, an oil or gas furnace or stove; and
     (2) In any residential unit which is connected to a newly constructed building, including, but not limited to, a garage, storage shed or bar, which has a fuel-burning heating or cooking source, including, but not limited to, an oil or gas furnace or stove.
     (g) Any person installing a carbon monoxide detector in a residential unit shall inform the owner, lessor or the occupant or occupants of the residential unit of the dangers of carbon monoxide poisoning and instructions on the operation of the carbon monoxide detector installed.
     (h) When repair or maintenance work is undertaken on a fuel- burning heating or cooking source or a venting system in an existing residential unit, the person making the repair or performing the maintenance shall inform the owner, lessor or the occupant or occupants of the unit being served by the fuel-burning heating or cooking source or venting system of the dangers of carbon monoxide poisoning and recommend the installation of a carbon monoxide detector.
     (i) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty one hundred dollars nor more than one hundred thousand dollars.
     (j) A violation of this section may not be considered by virtue of the violation to constitute is not evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
     (k) A violation of this section may not constitute is not a defense in any civil action or proceeding involving any insurance policy.
     (l) Nothing in this section shall be construed to limit limits the rights of any political subdivision in this state to enact laws imposing upon owners of any dwelling or other building described in subsection (a) or (f) of this section a greater duty with regard to the installation, repair and replacement of the smoke detectors or carbon monoxide detectors than is required by this section.
§29-3-27. Penalties.
     (a) Any person who violates any regulations rule promulgated by the state fire commission as provided in section five of this article shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one hundred thousand dollars or imprisoned confined in the a county or regional jail not more than ninety days, or both fined and imprisoned confined.
     Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues after knowledge or official notice that same is illegal shall be deemed is a separate offense.
     (b) Any person who violates the provisions of section twenty- one of this article shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined for a first offense not less than one hundred dollars nor more than one hundred thousand dollars or imprisoned confined in the a county or regional jail for not more than thirty days, or both fined and imprisoned confined, and for a second and each subsequent offense fined not less than one five hundred dollars nor more than five hundred one thousand dollars or imprisoned confined in the a county or regional jail for not less than ninety days nor more than one year, or both fined and imprisoned confined.
     (c) Any officer who shall fail fails to perform any duty required of him or her by this article or who shall violate violates any of its provisions shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty- five one hundred dollars nor more than fifty one thousand dollars for each failure or violation.
     (d) Any person who violates any other provision of this article shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one hundred thousand dollars or imprisoned confined in the a county or regional jail not more than ninety days, or both fined and imprisoned confined.
ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-4. Person attacking or hindering or obstructing firefighter or emergency equipment; penalties.

     (a) It is unlawful, while any fire department or company or firefighter is lawfully exercising or discharging the department's, company's or firefighter's official duty during an emergency, for any person to:
     (1) Attack any firefighter or any of his or her equipment with any deadly weapon as defined in section two, article seven, chapter sixty-one of this code; or
     (2) Intentionally hinder, obstruct, oppose or attempt to hinder, obstruct or oppose, or counsel, advise or invite others to hinder, obstruct or oppose, any fire department, fire company or firefighter.
     (b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than ten years or, in the discretion of the court, be confined in the regional or county jail not more than one year or fined not less than five hundred dollars nor more than five hundred one thousand dollars, or both.
     (c) Any person willfully violating any of the provisions of section one or three of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred one thousand dollars.
     (d) Nothing in this article shall be construed to prevent prevents law-enforcement officials from controlling traffic and otherwise maintaining order at the scene of a fire.
     (e) No person may willfully fail or refuse to comply with a lawful order or direction of any fire department or company or firefighter who is lawfully exercising or discharging the department's, company's or firefighter's official duty during an emergency relating to directing, controlling or regulating traffic, so long as such order or direction is conveyed by a retro- reflective hand signing device. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof: (1) For a first offense shall be fined not less than one hundred dollars nor more than one hundred thousand dollars; (2) for a second offense occurring within one year of a previous conviction shall be fined not less than two three hundred nor more than one thousand dollars; and (3) for a third and subsequent offense shall be fined not less than five hundred nor more than five hundred one thousand dollars or confined in a county jail or a regional jail for not less than ninety days nor more than one year, or both fined and confined.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-5a. Burning personal property of another of the value of five hundred dollars or less; fifth degree arson; penalty.

     Any person who knowingly and intentionally sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any personal property of any class or character of the value of less than five hundred dollars, and the property of another person shall be guilty of arson in the fifth degree and, upon conviction thereof, be confined in a county or regional jail for not less than thirty days or more than one year, fined no less than one hundred dollars nor more than one thousand dollars, or both.
     The bill (Eng. Com. Sub. for H. B. No. 2126), as amended, was then ordered to third reading.
     On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2126) 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 H. B. No. 2126) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 2126--A Bill to amend and reenact sections twelve, sixteen-a and twenty-seven, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section four, article three-a of said chapter; and to amend article three, chapter sixty-one of said code by adding thereto a new section, designated section five-a, all relating to violations of fire laws and rules; increasing penalties; providing for increased criminal penalties; and providing criminal penalty under certain circumstances for persons involved in setting fires to the property of others or in public rights-of-way.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Eng. Com. Sub. for House Bill No. 2529, Relating to the licensure and regulation of psychophysiological detection of deception examiners.
     And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
      At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
     At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2529) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
      On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
     On suspending the constitutional rule, 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.
     The bill was read a second time and ordered to third reading.
     Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2529) 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 H. B. No. 2529) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Senator Chafin announced that in a meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had placed consideration of Engrossed House Bill No. 2118, Engrossed Committee Substitute for House Bill No. 2239, Engrossed Committee Substitute for House Bill No. 2240, Engrossed House Bill No. 2363, Engrossed Committee Substitute for House Bill No. 2414, Engrossed Committee Substitute for House Bill No. 2477, Engrossed House Bill No. 2700, Engrossed Committee Substitute for House Bill No. 2702, Engrossed House Bill No. 2748, Engrossed Committee Substitute for House Bill No. 2753, Engrossed House Bill No. 2764, Engrossed House Bill No. 2797, Engrossed Committee Substitute for House Bill No. 2799, Engrossed Committee Substitute for House Bill No. 2818, Engrossed Committee Substitute for House Bill No. 2828, Engrossed House Bill No. 2847, Engrossed Committee Substitute for House Bill No. 2865, Engrossed House Bill No. 2878, Engrossed Committee Substitute for House Bill No. 2880, Engrossed House Bill No. 2915, Engrossed House Bill No. 2961, Engrossed House Bill No. 2975, Engrossed House Bill No. 3009, Engrossed House Bill No. 3011, Engrossed House Bill No. 3027, Engrossed House Bill No. 3050, Engrossed House Bill No. 3084, Engrossed House Bill No. 3089 and Engrossed House Bill No. 3203 proceeding consideration of all other bills on today's second reading calendar.
     The Senate proceeded to the seventh order of business.
      Senate Concurrent Resolution No. 3, Requesting Joint Committee on Government and Finance study need for creating forensic science task force.
     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 and request concurrence therein.
     Senate Concurrent Resolution No. 41, Requesting Joint Committee on Government and Finance study converting teachers' retirement system to defined benefit retirement system.
     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 and request concurrence therein.
      Senate Concurrent Resolution No. 53, Requesting Joint Committee on Government and Finance study regulation of all-terrain vehicles.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
     Senate Concurrent Resolution No. 54, Requesting Joint Committee on Government and Finance study regulation of licensed health care professions.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
      Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study benefits of aquaculture.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
      Senate Concurrent Resolution No. 56, Requesting Joint Committee on Government and Finance study protecting health and safety of student athletes.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
     Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study state response to acts of terrorism.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
      Senate Concurrent Resolution No. 58, Requesting Joint Committee on Government and Finance study office of county superintendent of schools.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
      Senate Concurrent Resolution No. 59, Requesting Legislative Oversight Commission on Education Accountability study Office of Education Performance Audits.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
      House Concurrent Resolution No. 10, Requesting a study on the advisability of seeking to improve the West Virginia Department of Transportation Employee Handbook.
     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. 42, Requesting the United State Congress to enact and fully fund navigation needs on our Nation's rivers.
     On unfinished business, coming up in regular order, was reported by the Clerk.
     At the request of Senator Fanning, unanimous consent being granted, further consideration of the resolution was deferred until the conclusion of bills on today's third reading calendar.
      House Concurrent Resolution No. 54, Requesting a study on economically feasible methods to provide access to library services for the large number of West Virginia citizens living in remote areas.
     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. House Bill No. 2514, Authorizing the board of banking and financial institutions to prohibit individuals removed from one financial institution from participating in the affairs of other financial institutions.
     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. H. B. 2514) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 2669, Hazardous waste management.
     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. H. B. No. 2669) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 2902, Relating to confidentiality and disclosure of information set forth in oil and gas combined reporting form.
     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 H. B. No. 2902) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 3037, Mandating that an apprentice fireman be terminated from employment following three unsuccessful attempts at passing an apprentice examination.
     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. H. B. No. 3037) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 3045, Implementing the Master Tobacco Settlement Agreement.
     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. H. B. No. 3045) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. Com. Sub. for House Bill No. 3051, Altering the certain reportable threshold dollar amounts on legislative member financial disclosure statements and lobbyist reports.
     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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Unger, White and Tomblin (Mr. President)--27.
     The nays were: Boley, Guills, Harrison, Oliverio, Rowe, Sprouse and Weeks--7.
     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 H. B. No. 3051) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
      On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 3051--A Bill to amend and reenact sections seven and ten, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article three of said chapter, all relating to altering the certain reportable threshold dollar amounts on certain elected and appointed public official financial disclosure statement; and increasing lobbyist expenditure reporting threshold to fifty dollars per reporting period.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for House Bill No. 3068, Empowering public service districts to enter into agreements for engineering, design or feasibility studies, without the prior approval of the public service commission.
     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 H. B. No. 3068) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
     Eng. House Bill No. 3088, Authorizing the insurance commissioner to require nonresident excess line brokers to remit the surcharge on fire and casualty insurance policies.
     On third reading, coming up in regular order, was reported by the Clerk.
     On motion of Senator Chafin, the bill was recommitted to the Committee on Banking and Insurance.
     Eng. House Bill No. 3108, Making all business entity filing requirements consistent with the corporation requirements under the new corporation 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. H. B. No. 3108) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
      At the request of Senator Chafin, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
     Senator Chafin moved that the Senate recall from the House of Delegates
     Eng. Com. Sub. for House Bill No. 3051, Altering the certain reportable threshold dollar amounts on legislative member financial disclosure statements and lobbyist reports.
     Passed by the Senate in earlier proceedings today,
     The question being on the adoption of Senator Chafin's aforestated motion, the same was put.
     The result of the voice vote being inconclusive, Senator Hunter demanded a division of the vote.
     A standing vote being taken, there were thirty "yeas" and two "nays".
     Whereupon, the President declared Senator Chafin's aforestated motion had prevailed.
     The bill (Eng. Com. Sub. for H. B. No. 3051) still being in the possession of the Senate,
     On motion of Senator Chafin, the Senate reconsidered the vote as to the title amendment and passage.
     The vote thereon having been reconsidered,
     The question again being "Shall Engrossed Committee Substitute for House Bill No. 3051 pass?"
     On the passage of the bill, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder and Tomblin (Mr. President)--23.
     The nays were: Boley, Guills, Harrison, Hunter, Jenkins, Oliverio, Rowe, Sprouse, Unger, Weeks and White--11.
     Absent: None.
     So, a majority of all the members present and voting having voting in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3051) passed.
     The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
     On page one, by striking out the title and substituting therefor a new title, to read as follows:
     Eng. Com. Sub. for House Bill No. 3051--A Bill to amend and reenact sections seven and ten, article two, chapter six-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article three of said chapter, all relating to altering the certain reportable threshold dollar amounts on certain elected and appointed public official financial disclosure statement; and increasing lobbyist expenditure reporting threshold to fifty dollars per reporting period.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate again proceeded to the eighth order of business.
     The end of today's third reading calendar having been reached, the Senate returned to the consideration of
     House Concurrent Resolution No. 42, Requesting the United State Congress to enact and fully fund navigation needs on our Nation's rivers.
     On unfinished business, coming up in deferred order, was again reported by the Clerk.
     The following amendment to the resolution, from the Committee on Natural Resources, was reported by the Clerk and adopted:
     On page one, by striking out everything after the title, and inserting in lieu thereof the following:
     Whereas, The upper reaches of the headwaters of many of our nation's navigable rivers have suffered a decline in river commerce, resulting in severe cutbacks in federal funding for maintenance and operation of locks and dams on these rivers by the United States Army Corps of Engineers (COE), including the hours the locks are open for transit by river traffic; and
     Whereas, This problem is especially severe within the Pittsburgh District of COE, for the Monongahela River and Upper Kanawha River in West Virginia and for the upper reaches of the Allegheny River in Pennsylvania, thus causing great harm to commercial and recreational users of these two rivers and to the communities and businesses that rely on unhindered navigation of these rivers; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Congress of the United States is requested to enact and fully fund legislation requiring that the Army Corps of Engineers base river navigation budgets not solely on the tonnage of commerce, but also on the value of the commerce and on the needs of recreational users of the rivers and on the importance of all such river uses to the economic well-being and development of communities and regions bounding the river; and, be it
     Further Resolved, That it is requested that the Pennsylvania and West Virginia congressional delegations, especially those members of the United States House of Representatives whose districts include the Pittsburgh District of the Army Corps of Engineers, seek appropriations for the federal Fiscal Year 2003 (which began the first day of October, two thousand two) and for successive fiscal years that will enable the Pittsburgh District of the Corps of Engineers to fully meet the navigation needs of all river users and communities for the Upper Allegheny, Upper Monongahela and Upper Kanawha rivers and support Congressman Mollohan in his request for $5 million to research and demonstrate the feasibility of automating lock operation, directly permitting the remote operation of lock chambers for Upper Mon locks and developing a national technology base for a future combination of cost reductions with service improvements and seek congressional authorization and funding for studies of how the federal government might partnership with states and local communities on innovative ways to fund and operate river navigation needs; and, be it
     Further Resolved, That the Legislature of West Virginia supports the Pittsburgh-based River Navigation Coalition in their extensive and effective efforts to keep the locks and dams operational on the Allegheny, Monongahela and Kanawha rivers, maximize the hours of operation of the locks for all users, promote river recreational boating, promote commercial navigation by maintaining the river channels and continued operation of the locks and promote economic growth pertaining to recreational and commercial navigation for the entire region; and, be it
     Further Resolved, That the Legislature of West Virginia supports the Upper Monongahela River Association Incorporated, a West Virginia not-for-profit 501 (c) (4) corporation (successor to the informal Upper Monongahela Committee for Better Boating formed in February 2000) and a founding member of the River Navigation Coalition, in UMRA's efforts to achieve all of the goals; and, be it
     Further Resolved, That the Clerk of the House of Delegates is directed to furnish a copy of this resolution to the West Virginia and Pennsylvania delegations to Congress.
     The question being on the adoption of the resolution, as amended, the same was put and prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate recessed until 3:30 p.m. today.