Senate Bill No. 315
(By Senators Love, Helmick, Sharpe, Sprouse and McKenzie)
____________
[Introduced March 12, 1997; 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 barbers and cosmetologists; board of directors of the state college system; board of examiners for licensed practical nurses; board of trustees of the university system of West Virginia; bureau of employment programs; department of administration; department of agriculture; department of tax and revenue; development office; division of corrections; division of environmental protection; division of health; division of
highways; division of human services; division of motor vehicles; division of personnel; division of rehabilitation services; division of tourism and parks; division of veterans affairs; education and state employees grievance board; insurance commission; library commission; municipal bond commission; office of health projects; office of water resources; public service commission; real estate commission; regional jail and correctional facility authority; state fire commission; state rail authority; state treasurer; supreme court of appeals; West Virginia state police; and West Virginia court of claims; 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 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.$497.96
(2) Paul A. Vosburgh, III$890.00
(b) Claims against the Alcohol Beverage Control Administration:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Attorney General$471.40
(2) Bell Atlantic-West Virginia, Inc.$2,036.84
(c) Claim against the Attorney General:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) American Investigations, Inc..$69.20
(d) Claim against the Board of Barbers and Cosmetologists:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) National Interstate Council of
Boards of Cosmetology$687.50
(e) Claim against the Board of Directors of the State College System:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Dennis W. Rowsey, Jr.$792.93
(f) Claim against the Board of Examiners for Licensed Practical Nurses:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Archives Security, Inc.$9.55
(g) Claim against the Board of Trustees of the University System of WV:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Jiansheng Li$400.00
(h) Claim against the Bureau of Employment Programs:
(TO BE PAID FROM SPECIAL REVENUE FUND - EMPLOYMENT SERVICE DIVISION)
(1) Bell Atlantic-West Virginia, Inc.$37,796.40
(TO BE PAID FROM WORKERS' COMPENSATION FUND)
(2) Bell Atlantic-West Virginia, Inc.$51,502.59
(i) Claim against the Department of Administration:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Colonial Ford-Lincoln-Mercury, Inc.$1,852.10
(j) Claims against the Department of Agriculture:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$2,435.52
(2) Division of Highways$1,808.05
(k) Claim against the Department of Tax and Revenue:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$30,622.29
(l) Claim against the Development Office:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$5,186.47
(m) Claims against the Division of Corrections:
TO BE PAID FROM GENERAL REVENUE FUND)
(1) Alltel Corporation/Citizens Telecom$2,313.37
(2) Charles D. Anderson$545.74
(3) Appalachian Community Health Center, Inc.$168.00
(4) Authorized Factory Service, Inc.$363.70
(5) Cabell County Commission$14,661.26
(6) Anthony Catania, Jr., D.P.M.$70.00
(7) Domingo T. Chua, M.D.$70.00
(8) Nelson Cunningham$70.00
(9) Doddridge County Commission$1,155.00
(10) General Anesthesia Services, Inc.$864.00
(11) Grafton City Hospital$10,164.03
(12) Harrison County Commission$3,900.00
(13) Kenneth Heard$420.85
(14) Jan-Care Ambulance Service, Inc.$2,804.00
(15) Mammen Kovoor, M.D.$25.00
(16) Charles A. Lefebure, M.D.$175.00
(17) Marion County Commission$155,050.00
(18) Metro Radiology Greenbrier$156.00
(19) Monongalia General Hospital$110.00
(20) Mountaineer Gas Company$26,242.47
(21) Abraham Nazem, M.D., Inc.$50.00
(22) Scott G. Phelps$152.00
(23) Regional Jail and
Correctional Facility Authority$304,627.52
(24) Service America Corporation$30,850.97
(25) United Hospital Center$75.38
(26) West Virginia University
Hospitals, Inc.$4,821.13
(27) Henry C. Wilkes$150.00
(28) Donald Wilson, Jr.$18.25
(n) Claims against the Division of Environmental Protection:
(TO BE PAID FROM SPECIAL REVENUE FUND - ACCOUNT NO. 3331)
(1) Division of Highways$3,883.02
(2) LCM Corporation$38,996.37
(3) West Virginia Association of
Rehabilitation Facilities$1,264.64
(TO BE PAID FROM FEDERAL FUNDS - ACCOUNT NO. 8708)
(4) Division of Natural Resources$6,290.14
(o) Claims against the Division of Health:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$69,461.83
(TO BE PAID FROM GENERAL REVENUE FUND)
(2) West Virginia Association of
Rehabilitation Facilities$8,317.14
(p) Claims against the Division of Highways:
(TO BE PAID FROM STATE ROAD FUND)
(1) Hobart Adkins$590.60
(2) Burton Anderson, Jr.$535.40
(3) Robert L. Anderson$250.00
(4) Archives Security, Inc.$543.40
(5) Bell Atlantic-West Virginia, Inc.$84,922.14
(6) Charles L. and Wilma Burr$1,575.00
(7) Karen L. Christian$199.78
(8) Brian M. Darr$59.36
(9) Janie S. DeLung$90.45
(10) Vernon Dingess$100.00
(11) Steven B. Drain$130.00
(12) Gregory A. and Lisa Edens$612.12
(13) Mark and Donna Finkenbinder$459.22
(14) Melinda Lou Fish$142.04
(15) Martha Gardner$250.00
(16) Joseph Hall$609.40
(17) Larry Haught and Linda Martin-Haught$3,600.00
(18) Betty Hensley$90.09
(19) Henry L. Hercules$271.07
(20) George and Martha Hores$100.00
(21) Mark Joseph$500.00
(22) Chris Kennedy$145.28
(23) Cheryl Kesner$500.00
(24) James W. King$350.00
(25) Garey and Deborah L. Mahoney$73.62
(26) Eleanor Martino$250.00
(27) Charlotte Kay McClung$141.25
(28) Joseph M. and Aspasia Melcher$642.57
(29) Rebecca J. Miller$191.47
(30) Randall L. and Debra S. Morgan$223.73
(31) George R. Muth$1,667.42
(32) Earrick Norman$280.41
(33) Frank Pendry$52.00
(34) Carl W. Pettit$1,355.50
(35) Lisa J. Pratt$486.70
(36) Karen Racer$532.74
(37) Lloyd A. Reeves$77.33
(38) W. Stephen Riggs$2,113.51
(39) Judith R. and James R. Rogers$156.99
(40) Jean A. Sartoris$30.14
(41) Cecil Scott$229.28
(42) Todd E. and Jerri M. Shafer$1,293.30
(43) Debra S. Shrieves$77.52
(44) Robert D. Shuman$442.45
(45) Kathleen J. Skube$1,014.48
(46) Wilma L. and Cruz Soto$3,700.00
(47) Joseph and Johanna Stiglich$250.00
(48) Carolyn J. and Howard P. Timbrook$411.02
(49) Elmer R. Warnick$177.94
(50) Weirton Bandag$1,695.15
(51) Douglas M. White$500.00
(52) Nancy M. Williams$1,013.95
(53) Junior Wolford$7,500.00
(54) Harry B. Young, Jr.$615.90
(q) Claims against Division of Human Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bartlett-Chapman Funeral Home$400.00
(2) Browning Funeral Home, Inc.$800.00
(3) Carpenter & Ford Funeral Home$500.00
(4) Davis Funeral Home, Bartlett Chapel$180.00
(5) Dorsey Funeral Home, Inc.$400.00
(6) Heck Funeral Home, Inc.$400.00
(7) Melton Mortuary, Inc.$325.00
(8) Schaeffer Funeral Home, Inc.$400.00
(9) Stewart Funeral Home$325.00
(10) Weaver Mortuary, Inc.$400.00
(r) Claims against Division of Motor Vehicles:
(TO BE PAID FROM STATE ROAD FUND)
(1) Mercer, McDowell, Wyoming
Mental Health Council$150.00
(2) Dale D. Radcliff$3,500.00
(3) West Virginia Association of
Rehabilitation Facilities$218.34
(s) Claim against the Division of Personnel:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) International Personnel Management
Association$230.00
(t) Claims against the Division of Rehabilitation Services:
(TO BE PAID FROM SPECIAL REVENUE FUND - ACCOUNT NO. 8662)
(1) West Virginia Association of
Rehabilitation Facilities$1,395.38
(TO BE PAID FROM FEDERAL FUNDS-ACCOUNT NO. 8734)
(2) Bell Atlantic-West Virginia, Inc.$9,341.11
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Thomas F. and Lottie J. Pyles$525.00
(v) Claim against the Division of Veterans Affairs:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$2,516.64
(w) Claim against the Education and State Employees Grievance Board:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Pitney Bowes$62.25
(x) Claim against the Insurance Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND-ACCOUNT NO. 7152)
(1) Bell Atlantic-West Virginia, Inc.$3,803.58
(y) Claim against the Library Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$1,215.53
(z) Claim against the Municipal Bond Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc$85.07
(aa) Claim against the Office of Health Projects:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Archives Security, Inc.$6.19
(bb) Claim against the Office of Water Resources:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)
Bell Atlantic-West Virginia, Inc.$10,289.76
(cc) Claims against the Public Service Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Archives Security, Inc.$260.70
(2) Bell Atlantic-West Virginia, Inc.$3,834.67
(3) CCH Incorporated$121.00
(4) Goodyear Tire and Rubber Company$187.20
(dd) Claim against the Real Estate Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$1,358.52
(ee) Claims against the Regional Jail and Correctional Facility Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$3,804.36
(2) Zachariah J. Chittum$458.30
(ff) Claim against the State Fire Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Appalachian Tire Products, Inc.$294.92
(gg) Claim against the State Rail Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Amtrac Railroad Contractors
of Maryland, Inc.$50,000.00
(hh) Claim against the State Treasurer:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) West Virginia Parkways Authority$25.00
(ii) Claims against the Supreme Court of Appeals:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) David M. Buzzard$191.58
(2) James M. Casey$1,523.50
(3) Roy L. Johnson$288.75
(jj) Claim against the West Virginia State Police:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$37,643.51
(kk) Claim against the West Virginia Court of Claims:
(TO BE PAID FROM THE CRIME VICTIMS COMPENSATION FUND)
(1) Paul Lallande, O.D., P.C.$106.00
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 claimants 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 the 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 1997 and through 1998.

The totals, as to type of funds and amounts of awards in the bill, are:

(1) General Revenue Funds of $ 719,952.93
(2) Special Revenue Funds of$ 171,957.36
(3) State Road Funds of$ 127,690.06
(4) Workers' Compensation Funds of$ 51,502.59
(5) Federal Funds of$ 15,631.25