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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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