Senate Bill No. 492
(By Senators Love, Edgell, Helmick, Sharpe, Minear, Hunter, Ross,
and Ball)
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[Introduced February 15, 2000; referred to the Committee on
Finance.]
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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; board of
barbers and cosmetologists; board of trustees of the
university system of West Virginia; department of
administration; department of health and human resources;
department of tax and revenue; division of banking; division of corrections; division of highways; division of
juvenile services; division of labor; division of motor
vehicles; ethics commission; insurance commission; public
service commission; regional jail and correctional facility
authority; state rail authority; and West Virginia state
police 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)
Claims against the Adjutant General:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc
$1,108.32
(2) Danka
303.87
(b)
Claim against the Alcohol Beverage
Control Administration:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Dickinson Fuel Company, Inc.
508.57
(c)
Claim against the Board of Barbers
and Cosmetologists:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Phyllis Haynes Edens, CCR
209.60
(d) Claims against the Board of Trustees of
the University System of WV:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Sherene N. Ballengee
53.00
(2) Logan Merritt
339.18
(3) Jason R. Simmons
100.00
(e)
Claims against the Department of Administration:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) The Continental Insurance Company
21,255.00
(2) West Virginia Association of
Rehabilitation Facilities
27.62
(f)
Claims against the Department of
Health and Human Resources:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Charles E. McElfish, D.D.S.
20,564.59
(2) River Valley Child Development Services
5,000.00
(g)
Claims against the Department of Tax and Revenue:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Computer Associates International, Inc.
254,000.00
(2) Tax Net Governmental Communications
Corporation
2,124.43
(h)
Claim against the Division of Banking:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Board of Governors of the Federal
Reserve System
1,600.00
(i)
Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Barbour County Commission
16,225.00
(2) Browning Ferris Industries
374.25
(3) Correctional Foodservice Management
69,289.25
(4) Roy J. Cunningham
74.24
(5) Thomas E. Gardner, Jr.
250.00
(6) Goldfarb Electric Supply Company, Inc.
272.64
(7) Goodyear Tire and Rubber Company
523.16
(8) Green Acres Reg. Ctr., c/o Sheltered Workshop
468.40
(9) John J. Haddox
18.50
(10) Hampshire County Commission
13,813.53
(11) Hancock County Commission
48,234.56
(12) Harrison County Commission
15,250.00
(13) Hervis Leasing
13,589.89
(14) Lexis Law Publishing.
632.45
(15) Lexis Publishing
149.21
(16) Lincoln County Commission
17,893.50
(17) Marion County Commission
12,469.11
(18) Marshall County Commission
4,050.79
(19) McDowell County Correctional Center
224,690.14
(20) Monongalia County Commission
38,725.00
(21) Preston County Commission
450.00
(22) Randolph County Commission
3,713.00
(23) Sergeant Robert L. Richard
22.46
(24) Taylor County Commission
34,550.00
(25) Tyler County Commission
3,120.50
(26) WV Regional Jail and Correctional
Facility Authority
4,017,465.50
(27) John Kenneth Walters
100.00
(28) Phillip A. Ward
32.75
(29) West Group
5,317.08
(30) Jess W. White
12.00
(31) Wirt County Commission
5,175.00
(32) Wood County Commission
30,375.00
(33) York International Corporation
291.00
(j)
Claims against the Division of Highways:
(TO BE PAID FROM STATE ROAD FUND)
(1) AT & T Corporation
90,000.00
(2) Cindy Adkins
145.15
(3) Shannon Adkins
500.00
(4) Brenda Alvarado
260.95
(5) Dolores Artis
167.71
(6) John Allen Bailey
1,000.00
(7) Ronald E. Bailey
50.00
(8) Joseph J. and Mary V. Baniak
5,000.00
(9) Robert C. Booker
4,000.00
(10) Clyde W. Boyles
295.56
(11) Larry T. Bragg
567.52
(12) Ronald Brown
559.88
(13) David W. Burge
1,460.30
(14) Charles Burkievicz
216.24
(15) Treva Clutter
250.00
(16) Iris J. Crook
184.23
(17) George A. Deer
500.00
(18) Fred L. Donato
3,947.22
(19) Willie Lee Dotson, as Admin. of
the Estate of Tresa Myretta Dotson
99,000.00
(20) Willie Lee Dotson, as Guardian of
Austin Ryan Dotson, an infant
26,000.00
(21) Richard E. and Debra Sue Easter
500.00
(22) David Scott Gillenwater
4,450.00
(23) Nancy Godsey-Mayle
2,163.87
(24) Sanford D. Green
250.00
(25) Kenneth L. and Elizabeth F. Gue
79.50
(26) Randall W. Hall
200.00
(27) Angela D. Harless
202.11
(28) Dorothy Hartley
148.39
(29) Terry L. Hundagen
1,550.00
(30) Janet Jackson
3,500.00
(31) Cornelius R. Lewis
171.72
(32) Tracy Loosemore
200.00
(33) Steve M. Matusky
500.00
(34) Anna Elizabeth Mount
7,500.00
(35) Brenda S. Napier
244.51
(36) Bertha Noble
500.00
(37) James H. Oxley
269.74
(38) Charles G. and Murle A. Perry
300.00
(39) Edward Pinkerton
275.00
(40) Putnam Truckload Direct
4,142.72
(41) Michael Edward Queen
213.66
(42) Bobbie J. Rardon
250.00
(43) Lawrence Ratcliff, as the guardian and
next friend of Benjamin Nichols Ratcliff,
an infant
6,000.00
(44) Paula J. Rothwell
778.00
(45) Shelia F. Seabolt
358.15
(46) Christina Selman
902.27
(47) Jason L. Shaffer
500.00
(48) Margaret Ann Shields
596.48
(49) Clifford S. Summerfield
200.00
(50) David Allen Toto
105.82
(51) Joan L. Williams
315.80
(52) Deloris B. Young
576.20
(k)
Claims against the Division of Juvenile Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Batra Cardiology Associates, Inc.
276.00
(2) Bluefield Regional Medical Center
209.75
(3) CAMC Dental Center
1,159.00
(4) Arthur L. Calhoun, M.D., James E. LeVos, M.D.,
dba Doddridge County Medical Center
113.00
(5) Camden Clark Memorial Hospital
75.00
(6) Clarksburg Anesthesia Associates
549.00
(7) EMP of Harrison County
801.30
(8) EMP of Kanawha County
123.90
(9) EMP of Ohio County
1,298.90
(10) Ferenc C. Gyimesi, M.D.
40.00
(11) Princeton Community Hospital
300.00
(12) Sargent's Court Reporting Service, Inc.
604.70
(13) Thomas Memorial Hospital
256.90
(14) Valley Radiologists, Inc.
226.00
(l)
Claims against the Division of Labor:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Goodyear Tire & Rubber Company
922.86
(2) Tartan Textile Services, Inc.
329.75
(m)
Claim against the Division of Motor Vehicles:
(TO BE PAID FROM STATE ROAD FUND)
(1) A & B Sales, Inc.
9,013.17
(2) J. Christopher Burket
2,500.00
(3) Roy A. and Glenna Y. Wiles
2,000.00
(n)
Claim against the Ethics Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Sherri Goodman Reveal
2,706.28
(o)
Claim against the Insurance Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Taylor & James, PLLC
4,127.00
(p)
Claims against the Public Service Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Charleston Department Store
826.55
(1) Weston Armory Committee
54.47
(q)
Claims against the Regional Jail and
Correctional Facility Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Steven Benjamin Adkins
120.00
(2) Anthony Keith Leonard
234.90
(3) Keith Parker
47.50
(4) Gary Phillips
200.00
(r)
Claim against the State Rail Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Garrett B. Kuykendall, Jr.
2,000.00
(s)
Claim against the WV State Police:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Sgt. Joseph M. Menendez
159.98
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.
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(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
2000 and through 2001.
The totals, as to type of funds and amounts of awards in the
bill, are:
(1) General Revenue Funds of
$4,871,001.47
(2) Special Revenue Funds of
$ 31,573.36
(3) State Road Funds of
$ 285,561.87)
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FINANCE COMMITTEE AMENDMENTS
On page two, section one, after line nineteen, by adding the
following:
(3) Brian R. Debow . . . . . . . . . $732.00
(4) Vickie Marie Tetrick . . . . . . $609.03;
On page three, section one, line two, by striking out the word
"GENERAL" and inserting in lieu thereof the word "SPECIAL";
On page four, section one, line two, by striking out the word
"GENERAL" and inserting in lieu thereof the word "SPECIAL";
And,
On page nine, section one, line twelve, by striking out the
word "GENERAL" and inserting in lieu thereof the word "SPECIAL".