Senate Bill No. 426
(By Senators Love, Helmick, Sharpe,
Sprouse and McKenzie)
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[Introduced February 6, 1998; 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 alcohol
beverage control administration; board of directors of the
state college system; board of respiratory care; board of
trustees of the university system of West Virginia; bureau
of senior services; department of administration; department
of tax and revenue; division of corrections; division of
culture and history; division of environmental protection;
division of forestry; division of health; division of highways; division of human services; division of labor;
division of motor vehicles; division of natural resources;
division of rehabilitation services; education and state
employees grievance board; governor's office; human rights
commission; public service commission; regional jail and
correctional facility authority; state rail authority; state
of West Virginia; 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) Global Petroleum Corporation$3,955.29
(b) Claim against the Board of Directors of the State College System:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) George L. Heider, Inc., t/a Sportsmans$2,930.04
(c) Claim against the Board of Respiratory Care:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Anna Parkman$1,171.85
(d) Claim against the Board of Trustees of the University System
of WV:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Matthew W. Wilson$ 740.00
(e) Claim against the Bureau of Senior Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) WV Graduate College$ 228.00
(f) Claims against the Department of Administration:
(TO BE PAID FROM SPECIAL REVENUE FUND --
ACCOUNT NO. 2031)
(1) Archives Security, Inc.$ 179.31
(TO BE PAID FROM SPECIAL REVENUE FUND --
ACCOUNT NO. 2241)
(2) Archives Security, Inc.$ 63.72
(TO BE PAID FROM SPECIAL REVENUE FUND --
ACCOUNT NO. 2320)
(3) Bell Atlantic-West Virginia, Inc.$2,865.62
(TO BE PAID FROM SPECIAL REVENUE FUND --
ACCOUNT NO. 2241)
(4) Tyler Mountain Water Company, Inc.$ 289.70
(5) West Virginia Association of Rehabilitation
Facilities$303,595.91
(g) Claim against the Department of Tax and Revenue:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) American Decal & Manufacturing Company$22,657.50
(h) Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Barbara S. Bohrer$100,000.00
(2) Lane S. Bohrer$25,496.33
(3) Charleston Cash Register Company$315.00
(4) Marion County Commission$44,700.00
(5) Janice B. Morgan$700.00
(6) Regional Jail and Correctional
Facility Authority$543,900.80
(i) Claim against the Division of Culture and History:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) E & M Products, Inc.$120.00
(j) Claim against the Division of Environmental Protection:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Division of Natural Resources$1,064.49
(k) Claim against the Division of Forestry:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Division of Natural Resources$1,900.80
(l) Claims against the Division of Health:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Appalachian Design Group, Inc.$4,860.00
(2) Owen Healthcare, Inc.$25,298.42
(m) Claims against the Division of Highways:
(TO BE PAID FROM STATE ROAD FUND)
(1) Cornice and Charlene Adkins$100.00
(2) Richard W. Armstrong, Jr.$451.29
(3) Loretta L. Baldwin$194.03
(4) Michael F. Bennett$438.30
(5) Larry Blevins$250.00
(6) Linda Bolyard$319.36
(7) Jason Shawn Bowers$123.00
(8) Roy E. Brewster$94.05
(9) Timothy and Darla Brown$425.00
(10) Bucky's Limited Auto Body, Inc.$600.00
(11) Jackie and Connie Coleman$250.00
(12) Carolyn Ann Cook$101.74
(13) Oscar J. Corbin$100.00
(14) Beverly Black Davis$104.97
(15) James Dillow$3,300.00
(16) Marie A. Dodd$405.63
(17) Kenneth Alvah East$1,722.29
(18) Anson J. Fanary$73.14
(19) Charles Fitzwater$180.25
(20) Ruby S. Foltz$163.24
(21) Tina Fulks$140.54
(22) Dorraine Gibson$158.50
(23) Andrew and Laura Gilman$250.00
(24) Paula Givens$701.12
(25) Harold M. and Sherry Gosnell$410.67
(26) David and Marsha Gresham$250.00
(27) Michael A. Holben$115.00
(28) Richard L. James$100.00
(29) Kenneth Wayne Lacy, II$452.06
(30) Kimberly Lewis$541.54
(31) Terry L. Mano$226.31
(32) John W. Marshall and Jessica A. Haden$1,612.00
(33) Linda McCord$250.00
(34) Gilbert R. McDaniel$100.00
(35) John F. Mele, Jr.$268.58
(36) Stormie D. Meloy$720.00
(37) Jennifer Myers$26,590.25
(38) North Hill Coal Company$408.78
(39) Linda O'Connor$158.71
(40) Robert Palumbo$351.79
(41) Leonard Wayne Riggs$200.00
(42) Tina Roberts$655.56
(43) John and Glenda Robinson$250.00
(44) Goldie Rogers$100.00
(45) Cathy B. Rorrer$102.81
(46) Bradley A. and Earl D. Sandy$106.00
(47) Lonnie M. Skeens$452.61
(48) Linda L. Stanley$89.31
(49) David S. Stevens$377.77
(50) Arthur M. and Carol L. Stewart$500.00
(51) Teddy and Linda Stull$100.00
(52) Linda Syslo$69.94
(53) Helen E. Tolley$26.18
(54) Shirley Trent$141.92
(55) Steven S. Voytek$204.42
(56) Dawn Widmeyer$114.36
(57) Rose Marie Wirtz$132.48
(n) Claims against Division of Human Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Burke Funeral Home$325.00
(2) Frey Home for Funerals, Inc.$400.00
(3) Lambert-Tatman Funeral Home$400.00
(4) Robert M. Vincent Funeral Home$400.00
(5) Shanklin Funeral Home, Inc.$400.00
(o) Claims against the Division of Labor:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Archives Security, Inc.$176.53
(2) Bell Atlantic-West Virginia, Inc.$696.72
(3) WV American Water Company$108.69
(p) Claims against Division of Motor Vehicles:
(TO BE PAID FROM STATE ROAD FUND)
(1) Patricia Goeddel$599.75
(2) James and Jane Hepner$975.00
(q) Claims against the Division of Natural Resources:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Jim Canada$400.00
(2) Rebecca and David Jones$1,992.80
(r) Claims against the Division of Rehabilitation Services:
(TO BE PAID FROM FEDERAL REVENUE FUND)
(1) M. Amrik Chattha, M.D.$150.00
(2) West Virginia Association of
Rehabilitation Facilities$19,197.41
(s) Claim against the Education and State Employees Grievance Board:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Officemax, Inc.$155.83
(t) Claim against the Governor's Office:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Kroger Company$124.12
(u) Claim against the Human Rights Commission:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Tel-Tex Communications, Inc.$779.00
(v) Claims against the Public Service Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Division of Highways$159.91
(2) Elco Mechanical Contractors$464.24
(3) Goodyear Tire and Rubber Company, Inc.$253.72
(4) U.S. Diary Company$102.02
(w) Claims against the Regional Jail and Correctional Facility
Authority:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Leroy Buzzard$210.00
(2) Kenhill Construction Company, Inc.$489,519.39
(x) Claim against the State Rail Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Charles E. Williams, Jr.$425.00
(y) Claim against the State of West Virginia:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) AT & T$179,892.93
(z) Claims against the Supreme Court of Appeals:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) James M. Casey$341.00
(2) Randolph County Commission$1,463.31
(3) Spectrum Reporting Services$2,675.48
(4) Patricia Williams, M.D.$1,319.00
(5) Shirley Adkins$514.06
(6) William D. Anderson$100.00
(7) Ernest F. Backus$1,743.75
(8) Marjorie L. Baker$514.06
(9) Linda L. Bixby$514.06
(10) Teresa Bruno$522.32
(11) David M. Buzzard$1,506.05
(12) Philip G. Conley$1,536.30
(13) John L. Daniels$4,500.00
(14) Marian A. Darby$3,304.43
(15) J.V. DeMarco$1,506.05
(16) Kimberly J. Roach Farmer$1,538.06
(17) Norman D. Ferrari$1,530.25
(18) Judith P. Goontz$1,506.05
(19) Loriene L. Green$524.39
(20) Jeanette Grimes$514.06
(21) Sonja L. Johns Hackney$514.06
(22) Anita Hager$1,104.43
(23) Tammy J. Halsey$1,538.06
(24) Edward Harless, Jr.$4,500.00
(25) Sue Hedstrom$595.21
(26) Edward S. Hicks$1,743.75
(27) Beverly C. Booth Justice$514.06
(28) Mark A. Kerwood$1,506.05
(29) Teresa E. King$1,278.76
(30) Wilma L. Kocher$514.06
(31) Shirley Laxton$223.80
(32) Ruth D. Lemon$1,104.43
(33) Robert Lightner$1,282.30
(34) Louis E. Longanacre$1,743.75
(35) Mary E. Loucas$1,045.03
(36) Mickey M. Mallas$1,530.25
(37) Franchescia McClung$595.21
(38) Helen McCormick$1,506.05
(39) Tamela D. Bailey McCurdy$1,538.06
(40) Mary S. McCutcheon$524.39
(41) D.L. McKnight as Executor of the Estate
of Nina L. McKnight$595.21
(42) Barbara Minor$514.06
(43) John D. Morton$1,536.30
(44) John Moses$1,506.05
(45) Pamela Newsome$514.06
(46) Walter Nogay$1,530.25
(47) Agnes D. Riffel$1,126.61
(48) Deloris Sidebottom$514.06
(49) Jerry P. Turner$595.21
(50) Bill Webb$1,506.05
(51) Tamera Webster$522.32
(52) Connie White$1,538.06
(53) Mary F. Wiedebusch$1,104.43
(54) Doris Zagula$522.32
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 1998 and through 1999.
The totals, as to type of funds and amounts of awards in the
bill, are:
(1) General Revenue Funds of$1,023,052.85
(2) Special Revenue Funds of$ 807,565.21
(3) State Road Funds of$ 48,400.25
(4) Federal Funds of$ 19,347.41)
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FINANCE COMMITTEE AMENDMENTS
On page _____, section one, by striking out all of line
seventy-one;
And,
On page _____, section one, line _____, by striking out
"(2)" and inserting in lieu thereof "(1)".