H. B. 2682


(By Delegates Kelley, Beane, Evans,
Compton and Hall)
[Introduced February 8, 1999; 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; board of directors of the state college system; board of trustees of the university system of West Virginia; department of agriculture; department of health and human resources; division of corrections; division of environmental protection; division of highways; division of juvenile services; division of labor; division of motor vehicles; division of natural resources; public service commission; regional jail and correctional facility authority; state rail authority; supreme court of appeals; and West Virginia racing 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) Claims against the Adjutant General:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Steven Charles Adkins$510.00
(2) Bernard T. Corley$1,400.00
(3) James B. Ramsey$1,400.00
(b) Claim against the Board of Directors
of the
State College System:
(TO BE PAID FROM SPECIAL REVENUE FUND-ACCOUNT NO. 4423)
(1) Louis I. Bonasso, dba Colonial Village$14,935.99
(c) Claim against the Board of Trustees of the University System of WV:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Nick Hunter$200.00
(d) Claim against the Department of Agriculture:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) US Department of Agriculture$17,453.78
(e) Claims against the Department of Health and Human Resources:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Laboratory Corporation of America
Holdings$129,900.00
(2) Network Six, Inc.$19,175.00
(TO BE PAID FROM GENERAL REVENUE FUND)
(3) Olympic Center - Preston, Inc.$19,611.50
(f) Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Alloy Welding Centre Limited$1,384.80
(2) Samuel R. Anstey$73.84
(3) Barbour County Commission$8,450.00
(4) Boll Medical, Inc.$462.00
(5) Boone County Commission$190.00
(6)Cabell County Commission$123,773.93
(7) Cheryl Chandler$168.00
(8) Ronald R. Cloud$73.45
(9) Danny Garrison$20.00
(10) Green Acres Regional Center, Inc.$539.65
(11) Harrison County Commission$26,400.00
(12) Hervis Leasing$2,685.69
(13) Dewaine C. King$8.48
(14) Marion County Commission$54,629.66
(15) Marsico Brothers, Inc.$234.23
(16) Mason County Commission$2,500.00
(17) McDowell County Commission$65,766.30
(18) Mineral County Commission$5,350.00
(19) Modern Equipment Company, Inc.$76.34
(20) Olsten Corporation$479.04
(21) Howard H. Painter$160.00
(22) Pendleton County Commission$12,750.00
(23) Phillips Supply Company$403.68
(24) Michael Wayne Ratliff$250.00
(25) Ritchie County Commission$14,684.07
(26) Roentgen Diagnostics, Inc.$25.00
(27) Taylor County Commission$30,000.00
(28) Tyler County Commission$3,476.88
(29) WV Regional Jail and Correctional
Facility Authority$1,968,970.00
(30) David Welch$15.00
(31) Wood County Commission$38,275.00
(g) Claim against the Division of Environmental Protection:
(TO BE PAID FROM SPECIAL REVENUE FUND-ACCOUNT NO. 3326)
(1) CT & E Environmental Services, Inc.$980.00
(h)Claims against the Division of Highways:
(TO BE PAID FROM STATE ROAD FUND)
(1) Michael L. and Cheryl J. Acree$500.00
(2)David Joseph and Linda Jean Bailey$5,800.00
(3)Ernest L. Baughman$100.00
(4)Kenneth R. Bell$75.00
(5)Ricky A. Carr$137.80
(6)Roger G. and Connie G. Chaney$200.00
  1. Scott D. and Connie Davidson$126.96

  2. Sue F. Davis$7,514.58

  3. Daniel A. Dimmick$40,000.00

(10) Tama Dimmick$10,000.00
(11) Carolyn S. Escue$57.00
(12) Christine Fisher$1,760.25
(13) Jerry and Melinda Joe Fletcher$398.75
(14) James Garrison$300.00
(15) Wendy and Donnie Lynn Hardman$179.85
(16) Okey and Wilma Hurlow$50.88
(17) Jeremiah A. Jasper$52.46
(18) Shirley Johnson$200.00
(19) Drayton R. Justus$137.80
(20) Debra A. Kesecker$99.11
(21) Donel J. Kinnard$645.00
(22) Richard M. and Barbara Klug$250.00
(23) Carlo Marcantonio$1,262.67
(24) Elizabeth Matheny$48.74
(25) Arthur and Charlotte Meade$2,000.00
(26) Charles and Crystal Meade$4,500.00
(27) Wendi Morris$250.00
(28) Norma and Lon Ooten$8,000.00
(29) Allen D. Pancake$500.00
(30) Charles F. Parsons$900.00
(31) Deloris Perry$1,232.48
(32) Shirley Perry$4,630.00
(33) Victoria J. and Joel R. Ponedel$250.00
(34) James A. Roberts$455.50
(35) Carolyn E. Rogers$1,322.00
(36) Rose Hill Farms, Inc.$2,850.00
(37) Roger K. and Geraldine S. Ross$500.00
(38) Daniel T. Savino$312.71
(39) Sheri L. Sayre$545.28
(40) Juanita Sharp$3,011.44
(41) Judy and Jason Sheppard$343.23
(42) Larry Slate$250.00
(43) Dina Smoot$67.84
(44) Aaron W. Stover$1,054.01
(45) Joseph and Nancy Swihart$124.60
(46) Cindy Terry$63.58
(47) James R. Toothman$583.44
(48) Geraldine Whitman$3,844.17
(49) John G. and Carol L. Wolfe$188.27
(50) Karen Sue Wymer$100.00
(51) Randy E. Yost$1,000.00
(TO BE PAID FROM INDUSTRIAL ACCESS ROAD FUND-
ACCOUNT NO. 9040 0803 1999 099 025)
(52) WV Development Office$39,601.00
(i) Claims against the Division of Juvenile Services:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Benwood Medical Clinic$45.00
  1. Bluefield Regional Medical Center$130.00

  2. Camden Clark Memorial Hospital$921.50

  3. City Hospital, Inc.$372.66

  4. Fred J. Krieg and Associates$74.14

  5. J.D. Hissem, DDS$611.25

  6. Kanawha Valley Radiologists, Inc.$29.00

  7. Martinsburg Internal Medicine Associates, Inc.$360.00

  8. Martinsburg Radiology Associates$58.00

(10) Parkersburg Radiology Services, Inc.$22.00
(11) Pitney Bowes$82.59
(12) Superior Medical Equipment$21.00
(13) Brian L. Vanpelt, M.D.$35.00
(j)Claims against the Division of Labor:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$3,392.86
  1. Charleston Foto 1, Inc.$5.18

(k) Claims against the Division of Motor Vehicles:
(TO BE PAID FROM STATE ROAD FUND)
(1) Bernard C. Gantzer$2,750.00
(2) David M. Starkey$554.07
(3) William Waybright dba Franklin Motors$2,300.00
(l)Claim against the Division of Natural Resources:
(TO BE PAID FROM SPECIAL REVENUE FUND-ACCOUNT NO. 3200)
(1) University of Georgia Research
Foundation, Inc.$2,418.75
(m) Claims against the Public Service Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND-ACCOUNT NO. 8623)

(1) Commonwealth Associates, Inc.$318.85
(2) Connie D. DeMuth & Associates$199.92
(3)John Skidmore Development, Inc.$1,487.50
(4)Kimball Intern'l, Inc., dba National
Office Furniture$381.60
(5)Parkersburg Sentinel Company$99.94
(TO BE PAID FROM SPECIAL REVENUE FUND-ACCOUNT NO. 8625)
(6) Goodyear Tire & Rubber Company, Inc.$527.24
(n) Claims against Regional Jail and Correctional Facility Authority:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Dave Hinkle Electric, Inc.$100,000.00
  1. William Estes Harris, III$50.00

  2. Earl Saxton$2,000.00

(o)Claims against the State Rail Authority:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Gary W. Cosner, Sr.$500.00
(2)Lindsey Poling$585.00
(p)Claims against the Supreme Court of Appeals:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Sue Hedstrom$595.22
(2)Lisa F. White$2,401.94
(q)Claim against the WV Racing Commission:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Bell Atlantic-West Virginia, Inc.$405.18
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 1999 and through 2000.

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

(1) General Revenue Funds of$2,412,892.66
(2) Special Revenue Funds of$273,079.97
(3) State Road Funds of$153,980.47