sdj-9th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
NINTH DAY
____________
Charleston, W. Va., Thursday, February 19, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Susan J. Latimer, Rector,
St. John's Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 18,
2009,
On motion of Senator Stollings, 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2305--A Bill to amend and
reenact §51-1-11 of the Code of West Virginia, 1931, as amended,
relating to the clerk's office of the Supreme Court; revising
appointment, bonding and compensation provisions of the clerk; and
revising appointment and compensation provisions of clerk's office staff.
Referred to the Committee on the Judiciary; 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. 2306--A Bill to amend and
reenact §61-5-27a of the Code of West Virginia, 1931, as amended,
relating to the impersonation of a public official or employee.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 158, Authorizing Department of Environmental
Protection promulgate legislative rule relating to hazardous waste
management systems.
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 the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 162, Authorizing Department of Environmental
Protection promulgate legislative rule relating to environmental
laboratories' certification and standards of performance.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 212, Authorizing Division of Natural Resources
promulgate legislative rule relating to boating.
Senate Bill No. 213, Authorizing Division of Natural Resources
promulgate legislative rule relating to deer hunting.
And,
Senate Bill No. 214, Authorizing Division of Natural Resources
promulgate legislative rule relating to lifetime hunting, trapping
and fishing licenses.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 215, Authorizing Division of Natural Resources
promulgate legislative rule relating to lifetime hunting, trapping
and fishing license and stamp fees.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary, with amendments from the Committee on Natural
Resources pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 239, Permitting Kanawha County voters to
decide upon metro government.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 239 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §7A-7-4a, relating to authorizing counties with a
population exceeding 150,000 and a Class I municipality to approve
metro government by a majority vote.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 239), under the original
double committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 251, Authorizing issuance of revenue bonds for
public projects.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Concurrent Resolution No. 4, Requesting Joint Committee
on Government and Finance study gray energy research benefits.
And reports the same back without recommendation as to
adoption; but with the recommendation that it first be referred to
the Committee on Economic Development; and then, under the original
double committee reference, to the Committee on Rules.
Respectfully submitted,
Mike Green,
Chair.
On motion of Senator Green, the resolution (S. C. R. No. 4)
contained in the foregoing report from the Committee on Energy,
Industry and Mining was referred to the Committee on Economic
Development; and then, under the original double committee
reference, to the Committee on Rules.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Foster, Stollings, Jenkins, Bowman, Prezioso,
Green, Plymale, Deem, Palumbo, Kessler, Guills, White and Williams:
Senate Bill No. 293--A Bill to amend and reenact §30-3-13 of
the Code of West Virginia, 1931, as amended, relating to
unauthorized practice of medicine and surgery or podiatry or as a
physician assistant; criminal penalties; reducing the amount of
fine for a person practicing on an expired, lapsed or terminated
license for less than three months; specifying as a felony the
unauthorized practice of medicine and surgery or podiatry or as a
physician assistant in all other instances; and providing for
enhanced criminal penalties where serious bodily injury results
from such unauthorized practice.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Laird, Tomblin (Mr. President), Jenkins, Green, White and Kessler:
Senate Bill No. 294--A Bill to amend and reenact §61-2-29 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto three new sections, designated §61-2-29a,
§61-2-29b and §61-2-29c, all relating to protecting incapacitated
persons and elderly persons by providing criminal penalties for the
offense of abuse or neglect of incapacitated adults or elderly
persons which result in death; definitions; and sexual abuse by a
caregiver, guardian or custodian.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 295--A Bill to amend and reenact §7-14D-2, §7-
14D-5, §7-14D-7, §7-14D-9c, §7-14D-13, §7-14D-14, §7-14D-15, §7-
14D-16, §714D-23 and §7-14D-30 of the Code of West Virginia, 1931,
as amended, all relating to the Deputy Sheriff Retirement System
Act; making technical changes; modifying definitions; clarifying
when membership ceases; specifying procedures for the correction of
errors; permitting rollovers of any dollar amount; clarifying loan
offsets at time of withdrawal; providing onset date for receipt of
disability benefits; providing for the termination of disability
benefits when a retirant refuses to submit to a medical examination
or provide certification from their physician of continued
disability; removal of option for members with loans to purchase
declining term insurance; permitting subsequent loans to members
sixty days after full payment of an outstanding loan; and providing
for the collection of fees from employers for untimely payment of contributions.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Sypolt:
Senate Bill No. 296--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-38, relating to requiring the State Board of
Education to create a school drug safety program; and specifying
minimum requirements for the program.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 297--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24-
2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11 and §24-
2F-12, all relating to an alternative and renewable energy
portfolio standard; setting forth legislative findings; defining
terms; establishing standards for the sale of electricity generated
from alternative and renewable energy resources; providing for
compliance assessments; creating a system of tradeable alternative
and renewable energy resource credits; providing for the awarding
of credits based upon electricity generated from alternative and
renewable energy resource facilities; providing for the awarding of
credits for certain greenhouse emissions reduction and offset projects; providing for the awarding of credits for certain energy
efficiency and demand-side energy initiative projects; requiring
application to the Public Service Commission for approval of
alternative and renewable energy portfolio standard compliance
plans; setting forth minimum requirements for compliance plan
applications; requiring Public Service Commission approval of
compliance plan applications; requiring annual progress reports;
providing for incentive ratemaking for investments in new
alternative and renewable energy resource facilities in West
Virginia; requiring the Public Service Commission to adopt certain
net metering and interconnection rules and standards; authorizing
the Public Service Commission to enter into interagency agreements
to meet its requirements under this article; requiring an ongoing
assessment of alternative and renewable energy resources in West
Virginia; establishing the Alternative and Renewable Energy
Resources Research Fund; providing for the awarding of matching
grants for certain research projects; and authorizing the Public
Service Commission to promulgate rules.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Unger, Browning, Fanning, Jenkins, K. Facemyer,
Foster, Stollings, Boley and White:
Senate Bill No. 298--A Bill to amend and reenact §24-6-6b of
the Code of West Virginia, 1931, as amended, relating to increasing
the amount allocated from the wireless enhanced 911 fee to be
deposited into the Enhanced 911 Wireless Tower Access Assistance Fund and distributed by the Public Service Commission to subsidize
the construction of wireless towers; and providing definitions.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Unger, Browning, Fanning, Jenkins, K. Facemyer,
Foster, Guills and Stollings:
Senate Bill No. 299--A Bill to amend and reenact §31-15A-2 and
§31-15A-7 of the Code of West Virginia, 1931, as amended, all
relating to infrastructure projects funded by the West Virginia
Infrastructure Fund; providing definitions; specifying that
infrastructure projects providing broadband services facilities be
included in infrastructure projects eligible for funding; including
the feasibility of inclusion of broadband transmission lines
concomitant with the construction of new roads; providing that
construction of broadband transmission lines may be funded from the
Infrastructure Road Improvement Reserve Account within the
Infrastructure Fund; and removing the limitation of the amount of
funds which may be annually transferred to the account.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Foster, Guills, White, Unger and Kessler:
Senate Bill No. 300--A Bill to amend and reenact §5A-3B-1 and
§5A-3B-2 of the Code of West Virginia, 1931, as amended, all
relating to authorizing counties and municipalities to enter into
contracts for energy-savings contracts.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster, White, Unger and Kessler:
Senate Bill No. 301--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-29-1, §22-29-2, §22-29-3, §22-29-4, §22-29-5 and
§22-29-6, all relating to the adoption of green building standards
for the construction or renovation of public buildings over fifty
thousand square feet in size.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Oliverio and Prezioso:
Senate Bill No. 302--A Bill to amend and reenact §8-16-5 of
the Code of West Virginia, 1931, as amended, relating to expanding
the power of municipal parking authority officers to ticket for all
parking violations.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Oliverio, Guills, Prezioso and Kessler:
Senate Bill No. 303--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-97, relating to exempting the retirement benefits
of certain annuitants under the State Teachers Retirement System
from state income tax.
Referred to the Committee on Finance.
By Senators Oliverio, Foster, Stollings and Prezioso:
Senate Bill No. 304--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-3-4, relating to paying fifteen percent of graduate
nursing students' federal loans if they qualify for the federally
run Nurse Faculty Loan Program and teach in West Virginia for four
years after graduation.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sypolt and Barnes:
Senate Bill No. 305--A Bill to amend and reenact §7-4-1 of the
Code of West Virginia, 1931, as amended; to amend and reenact §15-
2-25 of said code; to amend said code by adding thereto a new
section, designated §15-2-25c; and to amend said code by adding
thereto a new section, designated §30-29-11, all relating to
requiring qualifying law-enforcement officers employed by a West
Virginia law-enforcement agency to receive certification to carry
a concealed firearm nationwide as provided in the federal Law
Enforcement Officers Safety Act of 2004; establishing procedure for
a retired or medically discharged member of the State Police to
appeal a denial of a letter of authorization to carry concealed
handguns; providing that certain methods of authorization for
retired or medically discharged members of the State Police to
carry concealed handguns are cumulative; providing that a letter of
authorization for a retired or medically discharged member of the
State Police to carry concealed handguns is considered a West
Virginia concealed handgun license for the purpose of participating
in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an
officer to carry his or her service weapon off-duty; requiring West
Virginia law-enforcement agencies to offer access to training and
certification for honorably retired officers to be permitted to
carry a concealed firearm nationwide as a qualified retired
law-enforcement officer as provided in the federal Law Enforcement
Officers Safety Act of 2004; establishing program for issuing
special qualified retired law-enforcement officer concealed firearm
license by the State Police; authorizing legislative rules; and
providing that special qualified retired law-enforcement officer
concealed firearm license is cumulative and supplemental.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Green, White, Laird, Chafin, Edgell, Yost, Minard,
Bowman and Kessler:
Senate Bill No. 306--A Bill to amend and reenact §24B-5-3 of
the Code of West Virginia, 1931, as amended, relating to pipeline
companies paying a special license fee to the Public Service
Commission; and increasing the maximum amount of revenue from
$300,000 per annum to $400,000 per annum.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Prezioso, Boley, Caruth, Foster, Stollings,
Jenkins, Guills, White and Kessler:
Senate Bill No. 307--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §16-4E-1, §16-4E-2, §16-4E-3, §16-4E-4, §16-4E-5 and
§16-4E-6, all relating to development of a maternal risk assessment
advisory council; providing for legislative findings; setting forth
responsibilities of the advisory council; providing for legislative
rule-making authority within the Department of Health and Human
Resources to develop a uniform maternal risk screening tool;
providing for applicability of the screening tool once developed;
and providing confidentiality of the tool.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Minard and D. Facemire:
Senate Bill No. 308--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-3-16d, relating to requiring the installation,
maintenance or service of fuel gas systems in one- or two-family
dwellings according to the State Fire Code and the rules
promulgated thereunder if such installation is performed by any
persons other than the owner or occupant of a single-family
dwelling.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Green, White, Chafin, Edgell, Yost, K. Facemyer,
Kessler, Unger, Bowman and Stollings:
Senate Bill No. 309--A Bill to amend and reenact §24A-2-2a of
the Code of West Virginia, 1931, as amended, relating to common
carriers by motor vehicles in the business of towing; towing of motor vehicles without the consent of the owner or operator;
requiring a written agreement between the owner of private property
and the towing operator to be filed with the Public Service
Commission; requiring notification of the towing to local
law-enforcement agencies; requiring common carriers by motor
vehicles in the business of towing to accept use of credit or debit
cards under certain conditions; and providing when storage fees may
apply.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Barnes, Sypolt, Guills and Williams:
Senate Bill No. 310--A Bill to amend and reenact §17A-3-2 of
the Code of West Virginia, 1931, as amended, relating to
clarification that the 25-mile limit also applies to the obtaining
of supplies.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
Senators Foster, Jenkins, Wells, Barnes, Deem, Stollings,
Prezioso, Green, White, Unger and Kessler offered the following
resolution:
Senate Concurrent Resolution No. 6--Requesting the Joint
Committee on Government and Finance continue studying the needs,
challenges and issues facing West Virginia veterans returning from
recent service and those generations who have served before for the
purpose of making recommendations on how the State of West Virginia
can better assist them in getting the care and opportunities they deserve.
Whereas, The State of West Virginia's Legislative Select
Committee B--Veterans' Issues has been continuously receiving
testimony from veterans, local health care providers, social
workers and educational services personnel identifying the current
state of affairs in post-deployment services available to veterans;
and
Whereas, The State of West Virginia's Legislative Select
Committee B--Veterans' issues and the Joint Committee on Government
and Finance commissioned in 2007 a statewide veterans survey and
questionnaire in conjunction with the Department of Veterans'
Affairs and West Virginia University; and
Whereas, This survey has earned West Virginia national
publicity as a leading state in developing policy and financial
solutions to better aid veterans in their challenges of returning
to post-deployment life; and
Whereas, The data from this survey illustrated that many
veterans were either dissatisfied with or unable to receive the
treatment options that are currently available or that they may be
eligible for; and
Whereas, The data also showed that recently returned veterans
are highly interested and motivated to seek higher education, but
face certain limitations in doing so; and
Whereas, These veterans are facing struggles, injuries and
mental and physical health care issues that are unprecedented and
outside the scope of care of current services; and
Whereas, The federal and state veterans care facilities, many
public and private medical care facilities and volunteer
organizations are becoming inundated with the influx of veterans in
need of care; and
Whereas, Many of the state's institutions of higher learning
have begun offering programs aimed at providing veterans with
educational assistance, including financial assistance, campus
counseling and aid in the transition from military life to student
life; and
Whereas, Generations of veterans from all services have called
West Virginia home as West Virginia has one of the highest numbers
of active duty and injured soldiers per capita in the nation; and
Whereas, It is important that all eligible veterans receive
the honor, treatment and care they so richly deserve for
volunteering their lives to the protection of this country and its
institutions; and
Whereas, The State of West Virginia should remain committed to
showing its gratitude of these service men and women by continuing
its endeavor of developing and enhancing services aimed at
providing eligible veterans with mental and physical healthcare and
education opportunities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue studying the needs, challenges and issues
facing West Virginia veterans returning from recent service and
those generations who have served before for the purpose of making recommendations on how the State of West Virginia can better assist
them in getting the care and opportunities they deserve; and, be it
Further Resolved, That the Joint Committee of Government and
Finance is requested to review, examine and study the status of the
ongoing challenges facing all of West Virginia's veterans; and, be
it
Further Resolved, That the Division of Veterans Affairs, the
state's congressional delegation and the state National Guard be
enlisted to provide recommendations on how the State of West
Virginia can continue to assist in ensuring that our veterans get
the care they need and that their rights, benefits and dignity are
protected; and, be it
Further Resolved, That the findings and recommendations
resulting from the study be presented and reported to the joint
committee as soon as possible and on a periodic basis as
determinations are made regarding findings and recommendations;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is urged to consider the passage of House and Senate rule
changes that would create a standing committee assigned to accept
reports, testimony and continue studying how to improve the status
of West Virginia veterans, or in the alternative, that the Joint
Committee appoint a Select Committee for the same purposes; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, 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 Foster, Jenkins, Wells, Barnes, Deem, Stollings and
White offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting that public and
private colleges and universities in the State of West Virginia
submit plans to the Joint Committee on Government and Finance on
how their campuses can be made more military or veteran friendly.
Whereas, The Legislative Interim Select Committee B--Veterans'
Issues has received and considered testimony from veterans, local
health care providers, social workers and educational services
personnel identifying the current state of affairs in
post-deployment services available to veterans; and
Whereas, Testimony of veterans and experts also revealed that
these veterans are highly interested and motivated to seek higher
education, but face many limitations unique to veterans in doing
so; and
Whereas, These veterans are facing struggles, injuries and
mental and physical health care issues that are unprecedented and
outside the scope of care of current student services; and
Whereas, Many of the state's institutions of higher learning
have begun offering programs aimed at providing veterans with
educational assistance including financial assistance, campus
counseling, and aid in transition from military life to student
life; and
Whereas, Generations of veterans from all services have called
West Virginia home as West Virginia has one of the highest numbers
of active duty and injured soldiers per capita in the nation; and
Whereas, It is important that all eligible veterans receive
the honor, treatment and care they so richly deserve for
volunteering their lives to the protection of this country and its
institutions; and
Whereas, The State of West Virginia should remain committed to
showing its gratitude of these service men and women by continuing
its endeavor of developing and enhancing services aimed at
providing eligible veterans with mental and physical health care
and education opportunities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests that public and private
colleges and universities in the State of West Virginia submit
plans to the Joint Committee on Government and Finance on how their
campuses can be made more military or veteran friendly; and, be it
Further Resolved, That the public and private colleges and
universities in this state are requested to develop plans on how
each campus can be made more military or veteran friendly.
Components in these plans would include, but not be limited to, devising methods of lowering the bureaucratic barriers facing
veterans in enrollment, reenrollment, financial aid and
transitioning into the educational process; appointing veterans'
advocates and providing training for them in as many institutional
units as is feasible; designing an area on campus for veterans to
congregate; and assisting veterans in gaining knowledge about all
the benefits available to them and applying for such benefits; and,
be it
Further Resolved, That the plans prepared by the colleges and
universities be submitted on or before October 1, 2009, to the
Joint Committee on Government and Finance for dissemination to
interim committees dealing with issues relating to veterans and
higher education.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Minard, D. Facemire, Chafin,
Caruth, Barnes, Boley, Bowman, Browning, Deem, Edgell, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams and Yost offered
the following resolution:
Senate Resolution No. 13--Memorializing the life and public
service of the Honorable William R. Sharpe, Jr., former member of
the West Virginia Senate, dedicated public servant and
distinguished West Virginian.
Whereas, William R. Sharpe, Jr., was born in Harrison County,
the son of William R. and Helen Sharpe; and
Whereas, William R. Sharpe, Jr., was married to his beloved
wife, Pauline; and
Whereas, William R. Sharpe, Jr., received his education from
Salem College; West Virginia University; and Montgomery College of
Engineering, Takoma Park, Maryland; and
Whereas, In 1960, the Honorable William R. Sharpe, Jr., was
elected to the West Virginia Senate from the twelfth senatorial
district. He was reelected in 1964, 1968, 1972, 1976, 1984, 1988,
1992, 1996, 2000 and 2004; and
Whereas, During his tenure in the Senate, the Honorable
William R. Sharpe, Jr., served as President
pro Tempore of the
Senate during the 70th, 71st, 72nd, 73rd, 74th, 75th, 76th, 77th
and 78th Legislatures. He served as Majority Whip during the 61st,
62nd, 63rd and 64th Legislatures. He served as chair of the Senate
committee on Energy, Industry and Mining, and served as a member of
the Senate committees on Finance, Agriculture, Banking and
Insurance, Health and Human Resources and Rules. He served as a
member of the Legislative Oversight Commission on Health and Human
Resources Accountability, Joint Committee on Government and Finance
and the Commission on Special Investigations. He also served as
Vice Chair of the Joint Commission on Interstate Cooperation. He
served as chair of the Southern Legislative Energy Board and as a
member of the Southern Legislative Conference; and
Whereas, The Honorable William R. Sharpe, Jr., decided not to
seek reelection to the West Virginia Senate in 2008, bringing to an
end a long and dedicated career of public service; and
Whereas, Sadly, the Honorable William R. Sharpe, Jr., passed
away on Sunday, February 15, 2009, following a long illness. He
leaves behind his sisters, several nieces and nephews and a host of
friends; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life and public
service of the Honorable William R. Sharpe, Jr., former member of
the West Virginia Senate, dedicated public servant and
distinguished West Virginian; and, be it
Further Resolved, That the Senate expresses its sincere
sadness at the passing of the Honorable William R. Sharpe, Jr., and
remembers his love and devotion to the West Virginia Senate along
with his dedication and commitment to the citizens of the twelfth
senatorial district and the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the late Honorable
William R. Sharpe, Jr.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Petitions
Senator Hall presented a petition from Lois Jean Boggess and
numerous West Virginia residents, supporting Senate Bill No. 236
(
Relating to "In God We Trust" license plate).
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Unger.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 20, 2009, at 11 a.m.
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