ENROLLED
Senate Bill No. 492
(By Senators Love, Edgell, Helmick, Sharpe, Minear, Hunter, Ross, and Ball)
____________


[Passed March 11, 2000; in effect from passage.]
____________
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 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





(3) Brian R. Debow










$732.00





(4) Vickie Marie Tetrick








$609.03





(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 SPECIAL 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 SPECIAL 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





(2) Weston Armory Committee







54.47





(q) Claims against the Regional Jail and





Correctional Facility Authority:





(TO BE PAID FROM SPECIAL 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.