H. B. 2518
(By Delegates Seacrist, Compton, Burke,
Evans and Clements)
[Introduced February 16, 1995; referred to the
Committee on Finance.]
A BILL finding and declaring certain claims against the state and
its agencies to be moral obligations of the state and
directing the auditor to issue warrants for the payment
thereof.
Be it enacted by the Legislature of West Virginia:
CLAIMS AGAINST THE STATE.
§1. Finding and declaring certain claims against the adjutant
general; alcohol beverage control administration;
attorney general; board of directors of the state college
system; board of embalmers and funeral directors; board
of examiners for licensed practical nurses; board of
trustees of the university system of West Virginia;
bureau of employment programs; center for professional
development; commission on aging; consolidated medical services fund; council on vocational education; crime
victims compensation fund; department of administration;
department of agriculture; department of education;
department of tax and revenue; development office;
division of banking; division of corrections; division of
environmental protection; division of health; division of
highways; division of human services; division of labor;
division of public safety; division of rehabilitation
services; division of tourism and parks; division of
veterans affairs; education and state employees grievance
board; educational broadcasting authority; governor's
cabinet on children and families; hospital finance
authority; human rights commission; insurance commission;
library commission; municipal bond commission; office of
emergency services; office of the chief medical examiner;
public service commission; racing commission; real estate
commission; regional jail and correctional facility
authority; school building authority; secretary of state;
state fire commission; state treasurer; supreme court of
appeals, and West Virginia ethics commission; to be
moral obligations of the state and directing payment
thereof.
The Legislature has considered the findings of fact and
recommendations reported to it by the court of claims concerning
various claims against the state and agencies thereof, and in respect to each of the following claims the Legislature adopts
those findings of fact as its own, and in respect of certain
claims herein, the Legislature has independently made findings of
fact and determinations of award and hereby declares it to be the
moral obligation of the state to pay each such claim in the
amount specified below, and directs the auditor to issue warrants
for the payment thereof out of any fund appropriated and
available for the purpose.
(a) Claim against the Adjutant General:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc.
.............$2,745.32
(b)Claim against the Alcohol Beverage Control Administration:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc.
.............$7,755.20
(c)Claims against the Attorney General:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. .............$4,107.23
(2)West Publishing Corporation
...................$ 296.25
(d)Claims against the Board of Directors of the State College
System:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Lola Hicks ....................................$151.57
(2)Xerox Corporation .............................$4,690.03
(e)Claim against the Board of Embalmers and Funeral
Directors:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. .............$176.64
(f)Claim against the Board of Examiners for Licensed
Practical Nurses:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc.
.............$179.54
(g)Claims against the Board of Trustees of the University
System of West Virginia:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Amber D. Dimmick
..............................$75.00
(2)Michele K. Rivera, M.D. ......................$41,544.00
(3)Xerox Corporation ............................$1,010.65
(h)Claims against the Bureau of Employment Programs:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$23,846.23
(2)Frank J. Haas ................................$145.41
(3)HCX, Inc. ....................................$23,121.55
(4)The Michie Company ...........................$211.64
(5)F. Winston Polly, III ........................$213.00
(TO BE PAID FROM WORKERS' COMPENSATION FUND)
(6)Bell Atlantic-West Virginia, Inc..............$20,503.18
(i)Claim against the Center for Professional Development:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$246.72
(j)Claims against the Commission on Aging:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$321.70
(TO BE PAID FROM SPECIAL REVENUE FUND)
Account No. 5403
(2)Bell Atlantic-West Virginia, Inc. ............$618.34
(k)Claims against Consolidated Medical Services Fund:
(TO BE PAID FROM GENERAL REVENUE)
(1)General Electric Company
......................$1,460.09
(2)Puritan-Bennett Corporation ..................$1,663.52
(3)Western District Guidance Center, Inc. .......$6,437.00
(l)Claim against the Council on Vocational Education:
(TO BE PAID FROM FEDERAL REVENUE)
From Account No. 8650
(1)Bell Atlantic-West Virginia, Inc.
.............$356.28
(m)Claim against the Crime Victims Compensation Fund:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc.
.............$199.54
(n)Claims against the Department of Administration:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$47,663.59
(TO BE PAID FROM SPECIAL REVENUE FUND)
(2)Harper Collins Publishers ....................$1,025.00
(3)Mountain State Temporary Serv., dba Manpower
Temporary Serv. ...........................$1,127.12
(o)Claim against the Department of Agriculture:
(TO BE PAID FROM SPECIAL REVENUE FUND)
From Account No. 1401
(1)Bell Atlantic-West Virginia, Inc. ............$1,183.72
(p)Claims against the Department of Education:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Steven H. Brunty .............................$233.00
(2)Aleta Jo Crotty ..............................$363.00
(3)Myra Leigh Huffman-Runion ....................$305.00
(4)Barbara E. Maxwell ...........................$125.00
(5)William Tomblin ..............................$433.75
(q)Claims against the Department of Tax and Revenue:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$36,609.83
(r)Claim against the Development Office:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$6,941.46
(s)Claims against the Division of Banking:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$1,207.96
(2)Gannet River Cities Publishing, dba
The Herald Dispatch ..........................$627.40
(t)Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Boone County Commission ......................$3,187.80
(2)Cabell County Commission .....................$21,075.00
(3)Division of Personnel ........................$32,210.94
(4)Doddridge County Commission ..................$4,305.00
(5)Fayette County Commission ....................$53,235.06
(6)Fuller & D'Albert, Inc. ......................$32.52
(7)Glen L. Spitznogle dba Comm. and
Custom Butchering ........................$654.00
(8)Greenbrier County Commission .................$55,819.60
(9)Hancock County Commission ....................$16,393.40
(10) Harrison County Commission ..................$8,800.00
(11) Jackson County Commission ...................$1,600.00
(12) Roger P. Kinney .............................$10,977.84
(13) Logan County Commission .....................$10,150.00
(14) Marshall County Commission ..................$3,695.93
(15) Mason County Commission .....................$1,600.00
(16) McDowell County Commission ..................$12,765.00
(17) Mercer County Commission ....................$9,350.00
(18) Mingo County Commission .....................$12,209.23
(19) Monongalia County Commission ................$8,775.00
(20) Ohio County Commission ......................$15,000.00
(21) Preston County Commission ...................$22,700.00
(22) Public Employees Insurance Agency ...........$11,906.68
(23) Putnam County Commission ....................$9,105.40
(24) Regional Jail and Correctional Facility
Authority
..............................$841,731.02
(25) Ritchie County Commission ...................$5,932.12
(26) Taylor County Commission ....................$12,600.00
(27) Upshur County Commission ....................$20,300.00
(28) Wetzel County Commission ....................$11,475.00
(29) Wirt County Commission ......................$5,425.00
(30) Wyoming County Commission ...................$2,300.00
(u)Claims against the Division of Environmental Protection:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc.
...........$5,925.46
(2)Merleen B. Campbell, dba Verb.
Ink Court Rep. ..........................$294.00
(3)Manpower Temporary Services .................$178.64
(4)Mountain State Temp. Serv., dba
Manpower Temp............................$204.16
(5)Public Employees Insurance Agency ...........$39,560.70
(v)Claim against Division of Health:
(TO BE PAID FROM GENERAL REVENUE)
(1)Bell Atlantic-West Virginia, Inc ...........$59,174.25
(2)Canon USA, Inc. ............................$3,707.99
(w)Claims against the Division of Highways:
(TO BE PAID FROM STATE ROAD FUND)
(1)Virgil J. Adkins ...........................$244.88
(2)William B. and Nancy J. Ball ...............$52.19
(3)Martha Belcher .............................$378.00
(4)Bell Atlantic-West Virginia, Inc. ..........$193,611.16
(5)David J. Bellamy, Jr. ......................$500.00
(6)Rod R. and Shirley Bradley .................$720.79
(7)Otis and Barbara Clevenger .................$5,196.37
(8)Billie Marlene Croaff
......................$115.91
(9)Jennifer F. Dorsey
.........................$
179.64
(10) Raymond F. Eltringham
......................$
2,487.28
(11) Robert William and Patricia Lee Fawcett
....$
500.00
(12) Bobby Fowler
...............................$
106.20
(13) Kimberly A. Freeman
........................$
224.13
(14) Virginia and Julius L. Galloway, Sr. .......$216.99
(15) Judith P. Gibbs ...............................$250.00
(16) Doris Hall ....................................$100.00
(17) Dwight David Hall .............................$250.00
(18) Larry L. Hill .................................$1,724.62
(19) Robert L. and Kimberly A. Jenkins .............$250.00
(20) Eddie Kennedy .................................$181.21
(21) John Lafferty .................................$677.00
(22) Joseph F. Lynch ...............................$80.30
(23) Sonny and Sandy Massey ........................$229.88
(24) Geraldine Newlon ..............................$250.00
(25) Michael Joseph and Beth W. Novotny ............$250.00
(26) Samuel R. Oliverio ............................$852.00
(27) Raymond Anthony Pecora ........................$178.14
(28) Linda Riggan ..................................$130.00
(29) Thomas Riggle .................................$297.64
(30) Glenn and Kathy Rutledge ......................$69.15
(31) Robert L. and Patricia Samms ..................$17.97
(32) Charlotte A. Shamblin .........................$197.05
(33) Shirley K. Strickland .........................$17,812.50
(34) Janet L. Terry ................................$776.06
(35) Leah K. Torbett ...............................$250.00
(36) Adolfo M. Torres ..............................$205.96
(37) Vicki L. Watters ..............................$187.55
(38) Linda Williams ................................$250.00
(x)Claim against Division of Human Services:
(TO BE PAID FROM GENERAL REVENUE)
(1)Bell Atlantic-West Virginia, Inc .............$59,174.25
(y)Claims against the Division of Labor:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$1,281.91
(2)Pen Holdings, Inc., on behalf of
Frank Br. Mining .........................$1,795.72
(z)Claims against the Division of Public Safety:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$26,670.50
(2)Eastman Kodak Company ........................$657.60
(3)Safety-Kleen Corporation .....................$268.50
(4)West Virginia University Hospitals, Inc. .....$156.09
(aa)Claim against the Division of Rehabilitation Services:
(TO BE PAID FROM FEDERAL REVENUE)
From Account No. 8662
(1)Bell Atlantic-West Virginia, Inc. ............$10,184.66
(bb)Claim against the Division of Tourism and Parks:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$52,540.01
(cc) Claim against the Division of Veterans Affairs:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$1,441.80
(dd) Claim against the Education and State Employees Grievance
Board:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$1,523.31
(ee)Claim against the Educational Broadcasting Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$9,109.00
(2)Archie Wayne McHenry .........................$9,000.00
(ff) Claims against the Governor's Cabinet on Children and
Families:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$830.94
(2)Community Council of Kanawha Valley, Inc. ....$4,024.00
(gg) Claim against the Hospital Finance Authority:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$185.64
(hh)Claim against the Human Rights Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$974.52
(ii) Claim against the Insurance Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$2,454.42
(jj) Claim against the Library Commission:
(TO BE PAID FROM FEDERAL FUNDS)
Account No. 8720
(1)Bell Atlantic-West Virginia, Inc. ............$9,720.36
(kk)Claim against the Municipal Bond Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$199.54
(ll)Claim against the Office of Emergency Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$1,045.20
(mm) Claim against the Office of the Chief Medical Examiner:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$789.56
(nn) Claim against the Public Service Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$4,557.16
(oo) Claim against the Racing Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$98.32
(pp) Claims against the Real Estate Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$179.54
(2) Patricia A. Mooney ...........................$720.00
(qq) Claims against the Regional Jail and Correctional Facility
Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$592.92
(2) Timothy B. Humphrey ..........................$79.00
(3) David M. Reed ................................$240.00
(rr) Claim against the School Building Authority of WV:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$975.56
(ss) Claim against the Secretary of State:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$1,212.84
(tt)Claim against the State Fire Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc. ............$642.83
(uu)Claims against the State Treasurer:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)CBM, An Ameridata Company ....................$3,914.00
(2) Dickstein, Shapiro & Morin, L.L.P. ...........$1,432.72
(3)The Goodyear Tire and Rubber Company .........$338.58
(vv)Claim against the Supreme Court of Appeals:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$5,760.06
(ww) Claim against the West Virginia Ethics Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc. ............$267.96
The Legislature finds that the above moral obligations and the
appropriations made in satisfaction thereof shall be the full
compensation for all claimants, and that prior to the payments to
any claimant provided for in this bill, the court of claims shall
receive a release from said claimant releasing any and all claims
for moral obligations arising from the matters considered by the
Legislature in the finding of the moral obligations and the
making of the appropriations for said claimant. The court of
claims shall deliver all releases obtained from claimants to the
department against which the claim was allowed.
NOTE: The purpose of this bill is for the Legislature to find
and declare the existence of a moral obligation to pay, with
public moneys, each of the claims herein against specified state
agencies and the state of West Virginia, by the named claimants,
payable from the specified funds, and in the amounts of the
awards made.
A second and separate bill (either supplementary
appropriation bill or a section of the budget bill) will actually
appropriate the moneys herein awarded and permit payment in
current fiscal year 1995 and through 1996.
The totals, as to type of funds and amounts of awards in
the bill, are:
(1) General Revenue Funds of .............$1,531,370.05
(2) Special Revenue Funds of .............$217,182.69
(3) State Road Funds of ..................$230,000.57
(4) Workers' Compensation Funds of .......$20,503.18
(5) Federal Funds of .....................$20,261.30