ENROLLED
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 517
(By Senators Whitlow, Blatnik, Sharpe and
Tomblin, original sponsors)
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[Passed March 11, 1994; in effect from passage.]
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AN ACT 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 alcohol
beverage control administration; attorney general; board of
barbers and cosmetologists; board of coal mine safety and
technical review committee; board of education; board of
trustees of the university system of West Virginia; bureau
of employment programs; consolidated medical services fund;
department of administration; department of education;
department of tax and revenue; division of corrections;
division of environmental protection; division of health;
division of highways; division of human services; divisionof natural resources; division of public safety; lottery
commission; office of the chief medical examiner; railroad
maintenance authority; state treasurer; and supreme court of
appeals, 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 Alcohol Beverage Control
Administration:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Chesapeake and Potomac Telephone Company
of WV.....................................$5,199.16
(2) Exxon Company USA.........................$29.00
(b) Claims against the Attorney General:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Larry M. Bonham.$125.00
(2) The Michie Company$149.64
(3) Xerox Corporation$1,269.60
(c) Claim against the Board of Barbers and Cosmetologists:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Terrill W. Wood$106.50
(d) Claim against the Board of Coal Mine Safety and
Technical
Review Committee:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) MPL Corporation$1,519.25
(e) Claim against the Board of Education:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) The Board of Education of the
County of McDowell.$461,163.32
Provided, That $461,163.32 shall be paid during the time period
beginning the first day of July, one thousand nine hundred
ninety-four, and ending the last day of June, one thousand nine
hundred ninety-five: Provided, however, That the board of
education of the county of McDowell shall be paid the full amount
provided for in this bill no later than the last day of June, one
thousand nine hundred ninety-five.
(f) Claim against the Board of Trustees of the
University System of West Virginia:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Jared Taylor.$59.63
(g) Claims against the Bureau of Employment Programs:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Larry C. McNair$1,030.16
(TO BE PAID FROM WORKERS' COMPENSATION FUND)
(2) Medical Claims Review Services, Inc.$6,422.65
(3) Mary L. Tyburski$250.00
(4) William C. Morgan, Jr., M.D., Inc.$450.00
(h) Claims against the Consolidated Medical Services Fund:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) R. Dean Coddington, M.D.$1,170.00
(2) Helen Keller National Center$9,800.00
(3) Kidspeace National Centers for Kids in
Crisis$6,990.00
(4) Psychiatric Institute of WV, Inc.$11,794.28
(5) Saint Albans Psychiatric Hospital, Inc.$13,372.97
(6) St. Marys Hospital$74,611.27
(7) University Health Associates$249.00
(i) Claims against the Department of Administration:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Chesapeake and Potomac Telephone Company
of WV$656.88
(2) Tyler Mountain Water Company, Inc.$215.45
(j) Claims against the Department of Education:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Donna E. Kimbrew$293.00
(2) Mary Anne Mullenax$293.00
(3) Carol J. White$293.00
(4) Salena M. Williams$50.00
(k) Claim against the Department of Tax and Revenue:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) IBM Corporation$1,012.00
(l) Claims agains the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Steven W. Adkins$150.00
(2) John A. Bacon$409.80
(3) Barbour County Commission$23,325.00
(4) Boone County Commission$74,025.00
(5) Braxton County Commission$11,220.38
(6) Cabell County Commission$168,150.00
(7) Doddridge County Commission$1,050.00
(8) Fayette County Commission$34,391.38
(9) Gilmer County Commission$5,726.96
(10) Grant County Commission$9,407.54
(11) Greenbrier County Commission$22,986.24
(12) Hancock County Commission$21,908.51
(13) Harrison County Commission$36,050.00
(14) Steven D. Hawley$200.00
(15) Jackson County Commission$20,200.00
(16) Kanawha County Commission$386,729.00
(17) Lewis County Commission$10,901.18
(18) Logan County Commission$40,000.00
(19) Marion County Commission$30,449.58
(20) Marshall County Commission$21,536.76
(21) Mason County Commission$12,095.00
(22) McDowell County Commission$50,435.00
(23) Mercer County Commission$91,925.00
(24) Mingo County Commission$39,974.23
(25) Monongalia County Commission$62,775.00
(26) Monroe County Commission$9,490.77
(27) Nicholas County Commission$24,608.00
(28) Ohio County Commission$30,400.00
(29) Pleasants County Commission.$6,850.00
(30) Richard L. Porter$1,163.08
(31) Preston County Circuit Clerk$69.39
(32) Putnam County Commission$63,339.06
(33) Raleigh County Commission$32,161.78
(34) Regional Jail and Correctional Facility
Authority$579,335.69
(35) Ritchie County Commission$5,127.00
(36) Roane County Commission$10,200.00
(37) Taylor County Commission.$73,325.00
(38) Tyler County Commission$14,850.00
(39) Upshur County Commission$25,953.95
(40) Wayne County Commission$5,072.45
(41) Wetzel County Commission$3,425.00
(42) Wirt County Commission$2,200.00
(43) Wood County Commission$58,925.00
(m) Claims against the Division of Environmental Protection:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) IBM Corporation$507.07
(2) Manpower Temporary Services$4,967.55
(3) Milburn Colliery Company$84.51
(4) WVU Extention Continuing Education &
Professional Development$4,022.00
(n) Claims against the Division of Health:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Datascope Corporation$1,296.99
(2) Mary Hodges$400.00
(o) Claims against the Division of Highways:
(TO BE PAID FROM STATE ROAD FUND)
(1) Judy Bailey$5,784.95
(2) Roger Balser$81.51
(3) Ron Bower$200.00
(4) David Lee and Patricia I. Brewer$4,450.00
(5) James A. and Sandra J. Cayton$236.33
(6) John Randolph and John T. Cheetham$2,019.58
(7) Jan Adrian Creasey$20.09
(8) Gayle Dingess$100.00
(9) Gary Earp$494.23
(10) Linda Kay Eddy$221.72
(11) Rosa Belle Gainer$427.90
(12) John P. Grimmett, II$500.00
(13) Russell Hammack$63.55
(14) Hampshire Distributor, Inc.$95.40
(15) Timothy Hudnall$89.99
(16) Ralph J. Lucas$720.00
(17) William J. Lucas$4,000.00
(18) Pauline Lucion$5,943.04
(19) Virgil N. Martin, Jr.$50.83
(20) Molly A. McCallister$1,501.73
(21) Frank McGuire$202.69
(22) Sandra and Charles Miller$14,996.84
(23) Donald K. Navarro$250.00
(24) Cassandra Prater$16,750.00
(25) Roscoe Prater and Cassandra Prater$11,549.12
(26) Edward E. Presley$871.32
(27) James Allen Sams, Sr. and Shayne Rene
Sams as guardians for Andrea Gayle Sams$4,000.00
(28) James Allen Sams, Sr. and Shayne Rene
Sams as guardians for James Allen
Sams, Jr.$4,000.00
(29) James Allen Sams, Sr., and Shayne Rene
Sams$3,029.81
(30) Morag Janet Schanz$1,117.94
(31) Louise Johnson Griffin Simmons$250.00
(32) Bonnie J. Starkey$2,142.45
(33) Richard L. Thompson$311.18
(34) Thomas Treadway$81.00
(35) Matthew A. Tullius$500.00
(p) Claims against the Division of Human Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Kanawha County Commission$18,896.00
(2) Marion County Commission$718.11
(3) Putnam County Commission$14,850.00
(q) Claim against the Division of Natural Resources:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Gibbons and Kawash$18,025.00
(r) Claims against the Division of Public Safety:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Baxter & Company, Inc.$485.20
(2) Helicopter Flite Services, Inc.$2,850.69
(3) IBM Corporation$1,018.64
(4) James K. Schubert$300.00
(s) Claim against the Lottery Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
From Account No. 7200
(1) Fahlgren, Inc.$200,000.00
(t) Claim against the Office of the Chief Medical
Examiner:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Morgantown Removals, Inc.$1,566.00
(u) Claims against the Railroad Maintenance
Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) MARC Train Service$10,000.00
(TO BE PAID FROM SPECIAL REVENUE FUND)
From Account No. 8344-06
(2) Ronald W. Combs$635.00
(v) Claim against the State Treasurer:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Exxon Company, USA.$166.61
(w) Claims against the Supreme Court of Appeals:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Carl Berkley$$1,500.00
(2) Process-Strategies Institute$375.00
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 thedepartment against which the claim was allowed.