Subject: Items should be updates to old law or existing bills, and NEW creation to Code, and adaptations

Dear Friends, Governor, Senators & Delegates,

Apologize for writing to General Address of all Honorable members. There is not sufficient time to approach each Legislative Member due to time constraint and your busy schedules. In this full address to all those that have time or whom also see the need may be able to act. Paragraphs below will lightly describe items believed necessary for protection of WV & West Virginians.

It is Presented:

As Minimum wage is being addressed for all employees, so should a Minimum wage For Part Time Employees be separately created or could be inserted to previous bills. Language would be that employees who are only worked 39 hours or less shall be paid a minimum wage greater than standard minimum wage for full time employees. One thought is a declining proportional scale. This would allow employees not given 40 hours weekly or considered part-time by some means shall be able to purchase health insurance, fuel, transportation, and other necessities of which cost to them is usually greater proportionally to their weekly income than those who work 40 hours. The Scale would be 35-39 hours are minimum wage of $7.00/hr, 30-35 hours minimum wage of $8.00/hr, 25-30 hours minimum wage $9.00/hr, 11-25 hours minimum wage $10.00/hr., Those less than 11 hours should receive $11./hr. Students under age of 18 with work permit would fall under Standard Minimum wage unless Legislature would draft otherwise. Persons who Have Graduated High School, or secured A GED age 18 or over, and College Students should be included. Variations for College students could be reduced, not suggested, if a Fulltime College student. Part time College Students would be in Structured scale. All College Students out of session, interns and residents, apprentice, or in training shall be included in proportional scale. (This would be an incentive for students to complete high school or secure GED, and could be a boost for struggling college students.

Right of animal owner and protection of domestic animals, and pets. A pet injured or killed on owners property must have protection by law and owner should recover all costs from persons responsible. Magistrate refused to hear case in Kanawha County where a Waste Management of WV truck backed off roadway into private driveway, a seven week old pup came to play on drivers shoes, driver kicked pup under truck, jumped in truck, proceeded forward, ran over pup, stopped 190 feet away, backed up, said nothing when then owner asked for help, and while the owner was getting towels from the house, the truck driver left. The pup was saved and a minimum of $2300.00 in cost was caused, of which Waste Management said WV State Law Could not hold them responsible. Janie Moore dismissed before hearing in Kanawha County Magistrate Court on July 1, 2005 just before hearing started based that 7 week old pup was not registered, of which WV State Law States animals 8 months or older must be registered. case date was 07/01/2005

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No Entity, Business, or corporation, as Waste Management of WV in previous presentation, Shall ever state that there affiliation, contract, or business in WV holds them above any civil action, and would be a misdemeanor for persons to state such, and fines to company for such presentation. case filed 02/06/2005

Present Law that: No Magistrate shall dismiss a case before presentation, especially when an individual has brought charges against a Corporation.

Magistrates should be limited to amounts of monetary recovery or property value of $300. or less. If monetary value exceeds $300.00, then a jury shall decide. Jury size could be held at four persons. All other monetary or property claims above $300.00 should be in Circuit Court with a jurist who holds a degree in Law, or Magistrates who would see cases over $300.00 could do so as a jurist with a degree in Law. It is being seen as above that non-Law degree Magistrates are swept away by attorneys.

Present Law that other than certified, registered, Fed Ex or other signatory or tracking postal delivery that only one person in the Magistrate or Circuit Clerk’s office shall open mail and also copy all documentation into data system before placing hard copy in case files. This then would assure that documents necessary in chronological sequence have been filed by an authorized person held responsible to assure accomplished, and a weekly report to all parties what documentation was received to date to all parties, OR all documentation by mail per a case filed shall be registered delivery by some means from all parties involved. This circumvents documents that become conveniently missing.

As in above presentation, and other occurrences have proved over recent 4 years, changes need to be made in law enforcement response to accidents and incidents. We have presentable proof to offer in this.

Examples: As soon as injured pup was taken care of Law Enforcement was called. Because it was a Waste Management and a public vehicle WV State Police were called about 2:30pm. Accident happened at 11 am.

State Police stated that Kanawha County Sheriff’s Dept. should be called. We called Sheriff’s dept. and they put us to an officer. He asked information, we thought he was putting in a report. When we went for a report, there was none. We were told if we could find the officer, he might have the information, but there was NO Report on File. So we never got a report nor was driver charged This was Feb. 6 2003.

Another Example: Neighbor destroys my personal vehicle with a backhoe, Officer wouldn’t come to scene (vehicle is still where it was destroyed), because the persons responsible were no longer there. He said he would make a report. This time I kept the officer’s name, a Ranked Deputy, who when asked later, had not made a report, but remembered me. He told me to contact the person responsible, I already had and had a written response that stated he in fact destroyed the car. The officer said he would look into it. I went back the last day of one year statute for criminal prosecution to ask status. Nothing done. They pulled in a patrol officer who did a report. He was supposed to file the complaint in court. He did not. I haven’t been able to talk with that officer, but was told my only recourse would be civil charges in the two year statute. If someone does something criminal and admits it shouldn’t it have been processed? There should not be a statute on criminal activity! 08/25/2005

Another example: Law Enforcement will not respond to an incident or accident on corporate, or private property, roadways or parking lots. Make it mandatory that officers must respond when there are injuries, parts torn from vehicles, or either vehicle is disabled including flat tires. 12/23/2003

Another Example: Person struck in cross walk at Cross Lanes WalMart where lines indicate pedestrian crossing and stop and yield signs indicate yield to pedestrians, the van moved forward striking a person. Someone got in vehicle passenger side and van was sitting in the pedestrian zone. the person who was struck was trying to get the driver’s attention, and the van left. Metro was called who, said they gave call to Nitro PD, who didn’t respond, and said they wouldn’t because driver left. A description was given, but license number couldn’t be acquired. WalMart said video can only be given to law enforcement, and Nitro PD just bounced around on this one. Person had to be treated for injuries and still suffers. 10/23/2004

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Another example: a break-in occurred in neighborhood, The person stole items out of the house, and stole the persons car to transport items. The thief left his bicycle, and the Sheriff deputy would not take the bicycle to State Police Crime lab for prints, and another neighbor who almost ran over the guy on the bicycle and had talked to man who said he had two kids he thought would appreciate the neighborhood Christmas lights, and had road on his bicycle from Derricks creek over 10 miles away to see lights of a neighbor house that were extreme attractive. The guy had even given Mr. Harrison a name. 12/22/2002

Another Example: Same officer in last paragraph only a year earlier was given information in a case where a prankster was calling people at 2 am in the morning and either describing that he was the peoples son or had been with the people’s child when the child had been arrested, or injured and supposedly taken to a hospital. In our case, our son was in bed asleep, but we put a trace on the call, of which Verizon sent to local authorities, and this was the receiving officer. He wouldn’t prosecute, and warned us not to push the issue. 09/2001

Another case, where a 44 year old lady repeatedly went to her Union hall in Nitro for 4 years almost everyday and inquiring about work, that a staff change, and the person, a secretary caused the lady to be arrested for trespassing, and when the lady came to check on work, secretary reported her for arrest 7 times. All charges were eventually dropped, but not without costs to the lady, and public defenders office who weren’t prepared to handle such a case, monetary loss, and not sure how record stands as an occurrence? Nitro PD responded immediately and repeatedly and started patrolling just to catch the lady in the area. All this occurred on private Union property.

Another case, same lady, and reason she went to Union hall everyday in search for work was a filing with Human Rights commission on three separate incidents.

First incident: She was struck while working as flagging personnel on Rt. 52 in Wayne County. The driver ran through stop striking her and breaking a hand and damaging ligaments, which had to be surgically repaired again later after healing from the break. She was laid off because she turned in the injury on Workers Compensation, when the insurance company for the vehicle, (not the Driver’s Insurance) withdrew the claim number given immediately after issued and refused to pay. I had assisted in securing the claim number. She had filed a claim on this, and the fact they wouldn’t let flagging women take restroom breaks. That was filed as a complaint with Human Rights Commission, who haven‘t acted. In a lawsuit against company, she won only a small amount from the out of state employer, because she had a lazy lawyer.

Second incident: She filed a complaint with Human Rights Commission about restroom and lunch breaks, that Flagging women were not allowed to leave posts and go where Porta Johns or Janes were located, nor leave post to eat lunch. The men were allowed to duck around a vehicle or building to relieve themselves. She was laid off for this complaint. Human Rights Commission has failed to pursue.

Third incident: She filed a complaint against the Union Local with Human Rights Commission because they won’t put her out to work, nor would accept a grievance based on her complaint. The Union Hall States they only have three highway contractors, and the third who was informed about her complaints, has refused to hire her again. They say it is not mistreatment to make a woman stand for 10-12 hours a day. She just needs to learn to hold it. Human Rights Commission has tried repeatedly to talk her out of complaint. They told her she could call everyday and check on case. This has been ongoing for 4 years. Four weeks or less past, the Human Rights commission filed some type of phone harassment charge to stop her from calling. Charges were filed to stop her from calling. The charges were filed in Magistrate court, and her arraignment is Tuesday February 7, 2006. She can’t afford an attorney, and they told her to wait until arraignment.

Intermediary/mediation for all cases in any county that would attempt to resolve , or prosecute, then remand to proper court.

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Food tax Should be removed, or at least persons who earn under $20,000. per year shall receive a card with scan capabilities that remove the tax for all food items. Those who earn under $10,000. per year also get scan capabilities for service foods at restaurants.

General sales tax Waived for Necessary items such as roofing, heating, for all persons, and air conditioning for persons over 60, and for any person who has a medical condition.

General sales tax Items having a base price .... Vehicles $1.00 to $5,000. tax at 1%; Vehicles $5,000. to $10,000. tax at 2%, Vehicles $10,000. to $15,000 tax at 3%; Vehicles $15,000 to $20,000. tax at 4 %; Vehicles $20,000. to $25,000 tax at 5%, Vehicles $25,000. to $30,000. tax at 6%. Any Vehicle $30,000. or higher shall tax at 7%. Vehicles shall count as any combustion engine or electric motor powered vehicle.

Genera; Sales Tax on Internet purchased goods, Delivery Company shall collect sales tax on delivery where item is tangible and delivered by any means other than 1st Class Mail for letters.

License plate coverage by anything but a perfectly clear cover is disrespect to WV, and defeats the purpose to identify the vehicle. Also difficult for Law Enforcement in pursuits and seems to be used in the status of outlaw, as those who cover plates tend to be more reckless as drivers. Make it where any officer can ticket such vehicles, even when parked on public streets, parking building or parking lots. Entry onto private property might be limited, but a photo of the vehicle may be taken by anyone and presented to authorities for prosecution. The first fine is $150.00 ($50. Court costs, $50. arresting agency, $50.00 State) Second offense after 7 days from first offense is chargeable at $300.00 fine split 3way, 3rd offense, after 7 days from second offense is chargeable at $500 split 3 ways. 4th Offense is $500 plus 24 hours jail or impound.

Drunk Drivers ON FIRST OFFENSE, above state level of intoxication will have vehicle impounded for no less than 24 hours so that a vehicle impounded at 11pm on Tuesday is not recoverable until opening of business at courthouse on Thursday. If DUI occurs on Friday after 6 pm the impound time is until Court house opening on Monday. Drivers License should be held with keys to vehicle. Only keys to vehicle shall be kept. Driver may be released to others after sobering, or should be incarcerated by law, but no less than 12 hours released on the persons own authority. Any accident by vehicle, would require at least 24 hours in detention, if not exceeded by other law.

Drunk Drivers ON SECOND OFFENSE, above state levels of intoxication will have vehicle and Driver’s License impounded for no less than one week, and shall start a deprogramming class for habitual drinking, and any other implications by law in addition if those codes impose stiffer penalties.

Drunk Drivers ON THIRD OFFENSE, will spend no less than 7 days in Regional Jail and pay for expense of keep.

Drunk Drivers who at anytime, DUI above limits and causing accident, injuries, or death shall: In the event of death by a vehicle be charged with involuntary manslaughter, if the code does not carry a stiffer penalty for the death. If persons are injured shall be detained in a regional jail no less than the longest term of the injured at a hospital. Where accident only causes vehicle damage, The DUI driver or his insurance, if the insurance provider doesn’t refuse, shall pay for repairs immediately including rental vehicle. If DUI driver refuses to cover costs, and insurance company refuses, then driver can be incarcerated.

In Workers Compensation Insurance Law, No Employer shall layoff an injured employee, unless closing business entirely, without a review by an agency. The Employer shall not coerce employee to quit, nor fire the employee without substantial evidence. The separation of the employee must be reviewed with employee and employer present before a Board of Authority by either The Insurance Commission or Dept. of Labor. To have an employee removed from employment for injury must be presented to Board of Authority, and employee allowed defense in such matter.

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General Law, No Business, Entity, or Corporation doing business in WV will give a false address or person as the Legal Process Service Receiver. Registration of change shall be kept current, and changes of Service Receiver shall be made within 7 day period. No Law Firm listed as Process Service receiver shall refuse the served Documents, as The Law Firm Entity is also responsible to keep the record for Legal Process Receiver current.

General Law, create a State Agency or commission with regional offices to help Constituents who would be a Plaintiff in a case where others have done an act of criminal intent, or misdemeanor, damage or others were the cause of an accident or injury to plaintiff or parties of the plaintiff. This is now necessary because under current law, people are committing acts of destruction, voluntary and involuntary, and succeed in doing so without consequence. It is known that should people succeed in committing acts and not having consequence breeds criminal activity at the next level.

General Law DNR ‘DO NOT RESUSCITATE’ Order when direction is given by The medical power of attorney (MPOA) shall be abided by The law shall also contain lanquage that the person shall carry a card, or it shall be put on the Drivers License of the DNR, with a contact or multiple contacts. Also a card shall be issued and maintained for a fee by the State of WV and carried by the Medical Power of Attorney listing the person and address of DNR person, to allow presentation to medical personnel and should be updated annually.

Mines shall install a Schedule 80 or schedule 120 2” or larger line for delivery of breathable air when necessary, not pressurized until necessary and placed along floor, in corners of tunneling, or where tracks are used under the bed or inside or outside of rail as best engineered for protection. The Lines could also be drilled in from the exterior to safety points of mine, but might be cost prohibitive, and not offer protection along all of mine. The line schedule thickness would protect from severe damage even in explosion and roof falls. Line shall have ports that miner can connect a breathing apparatus to and line would allow pressurization so that miners could have extended air for weeks if necessary. Line can have simple monitor devices at surface that could indicate if line was severed and flow is free flow (this would be in the case of fire in mine), but can be monitored by those trapped with communication devices, as to receiving airflow. This could allow trapped miners to survive for weeks if necessary.

Refusal to abide by Medical power of attorney shall be prosecutable and the offense depending on severity can result in fines, temporary suspension of license, and the liability of family expenses, and also allow civil suit to be filed in a special court by the family. Also criminal law should be drafted to enforce.

Special Medical Courts to hear cases involving medical malpractice and violations of patients rights, but shall still be juried by the General Public and shall have its own Grand Jury. This is to unclog, the general Court system and allows overseers to be more direct in operations due to special and specific Professional Platform.

Law to change that an Attorney contacted to handle a case, and Attorney refuses to handle case, based on type, cost, or resources to handle such a case, shall not dismiss person seeking attorney by giving that person a name of another attorney, but shall actually find an attorney via Professional Network for the person seeking an attorney, or shall report to Attorney General as to why the attorney or Law Firm shouldn’t Assist. Also that a law firm who has a person responsible such as medical nurse or paralegal, shall not request caller to leave a message on that persons voice mail, but shall have the receptionist or other persons to write down contact in a book in duplicate giving a copy to responsible person, who shall attempt to contact person who called seeking an attorney, even if repeatedly until that person seeking an attorney relieves them of that duty by general mail.

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General Law, A Paramedic, EMT, Rescue, or other emergency response, or agency shall abide by patient wishes, the injured person’s wishes, or by a person as a Medical Power of Attorney for those persons. Example: Emergency Services are directed to take person to Thomas Hospital, but Emergency Services want to take patient to another Hospital they are associated to, or located close to such as Putnam General Hospital, and They refuse to drive to Thomas Hospital where patients records are, and drive person to Putnam General Hospital. Occurred 11/18/2003 This shall be criminal and civil offense by emergency personnel. Review, fines, and other civil recourse shall be available.

General Law: Hospital and Treating Doctors shall also abide by patient wishes, and/or direction given by Medical Power of Attorney. Example: Above patient taken to Putnam General Hospital was not allowed transfer to Thomas Memorial Hospital where the patient’s records were, and family physician had privileges. The patient was forced to stay at Hospital for 10 days. Law enforcement would not and stated they could not press charges as there was no Code to cover such. The Doctor at Putnam General Hospital called the patients personal physician and told him not to make waves. Thomas Hospital was finally ready to receive patient on Sunday Morning and was arranged by Medical Power of Attorney, but nixed when Doctor at Putnam General Hospital called Staff at Thomas Hospital and other physicians and stopped process. this should be both criminal and Civil.

General Law: Law Enforcement shall not redirect a reporting person of a civil or criminal act by others to another agency to avoid work or process, but the agency reported to shall start an investigation. The following case was taken to WV State Police, Putnam County Sheriff’s Dept. and Putnam County Prosecutor’s Office

General Law: Professional and Corporations of Medical Facilities and Persons working for Professionals, Business, Entity, Non-Profit, or Corporations responsible for the care of a person, shall be civilly and criminally responsible and these persons shall be prosecutable as misdemeanor, unless as in this case the person died and then it shall be examined and not dismissed by law Enforcement when reported.

In a case involving my father, The Paramedics and the hospital were told that my father has a do not resuscitate order yet they incubated him and put him on a life-support machine. Then came to the family and told us to take him off the machine. We told them that since they put it on, they were to take it off. They said they thought he would have died had they not took such lifesaving measures. The doctor also proclaimed that when you reach the age of Fifty Years you should not be allowed to live anyway. I was 49 at that time in November 2003. They also told my mother and the family “we should just pull the sheet over his face and let him go. The medications they gave him at the time of intubations would have definitely meant certain death if the machine were removed immediately. So I waited 9 days until I seen machine was being detrimental to him, because he was giving up. He awoke several minutes before the machine was removed. He was transferred to a regular room several hours later. The Doctor Rittenger blocked my moves to have him transferred to another hospital, and was threatening because I wanted to. He also said don't feed him nor give him food and force him to die. He only released him to hospice and his home. Hospice came and said he was not a patient for hospice, and then we were left to attempt to get help. Law Enforcement would not allow me to file charges, including Putnam County Prosecutor’s Office. Thanks to Thomas Memorial Hospital homebound care we gave it a good effort. We were all limited because this Dr. Rittenger convinced the patient’s other doctors to back off, and because patient didn’t want to go back to the hospital, and doctor’s didn’t want him to come to their office by medical transport. We couldn’t get any medications that he needed and had to resort to over the counter medications to help him survive. He had a Heart attack in the 37th day and died in less than 5 minutes.

This is a case of neglect by both a county ambulance team and a local hospital in Teays Valley. My father died 36 days later from causes related to this transport and the hospital response. I'm his Medical Power of Attorney and was at the residence at the time of medical transport, and issued his requests by Living Will and Medical Power of Attorney. Stated. Requests were ignored. The Ambulance Team were directed what they were not to do, such as non resuscitation, not to ventilate. He was very calm, and to attempt to perform such would hyperventilate him. They were also directed what hospital to take him to. They ignored both requests. They also performed procedures deemed unnecessary by a Registered nurse whom rode with patient to Putnam County Hospital. My mother made the call from his home for medical transport, I followed up with a second call from their home, and was there during the events. At the hospital, Medical Power of Attorney was excluded from the hospital ER, though Hospital Staff knew I was power of Attorney. After some thought, and my indignation at their attitudes, was allowed access twice to the ER. I would go to report to my mother and sister, and would be kept out of ER for periods of hours. Doctors changed 4 times in 4 hours, with each doctor negating responsibility, until dad was placed in ICU. Then a Doctor at 11:30 am Nov. 12, 2003 commanded that I bring my sister and mother to the hospital. The Doctor, and a ICU nurse and other staff spent 7 Hours trying to convince us to remove a ventilator unit that the hospital placed him on without permission. The first Doctor to negate responsibility was a Hospital Administrator. The doctor to take responsibility, was threatening, and blocked our attempts to have my father transported to another hospital.

It was a constant mental attack, that is leading to, or is mental distress. I, do not trust people now, and have become upset as to the daily things of life that others influence or cause change. I am having medical problems that doctors can't seem to control.

This should be a preview for the case. Three persons are interested in filing this case, The wife, the daughter and the son. More below.

Having a Medical Power of Attorney (MPoA), Power of Attorney, and or Living Will Guarantees nothing! In a case involving my father, The Paramedics and the hospital were told beforehand that my father had a do not resuscitate order yet they intubated him and put him on a machine. Then came later to us and told the family we had to take him off the machine. We told them that since they put it on, they were to take it off. They said they couldn't. They said they thought he would have died had they not took such lifesaving measures. The doctor also proclaimed that when you reach the age of Fifty Years you should not be allowed to live anyway. I was 49 at that time in November 2003. The medications they gave him at the time of intubation would have definitely meant certain death if the machine was removed immediately. So I waited 9 days until I seen machine was being detrimental to him because he was giving up. He awoke several minutes before the machine was removed. He was transferred to a regular room several hours later. The Doctor Rittenger blocked my moves to have him transferred to another hospital, and was threatening because I wanted to. He also said don't feed him nor give him food and force him to die. He only released him to hospice and his home. Hospice came and said he was not a patient for hospice, and we were left to attempt to get help. Thanks to Thomas Memorial Hospital homebound care we gave it a good effort, but we were all limited because this Rittenger convinced his other doctors to back off, and because Dad didn't want to go back to the hospital, and doctor's didn't want him to come to their office by medical transport, and doctors wouldn't come to see him. We couldn't get any medications that he needed because Doctors wouldn't attend and this Dr. Rittenger refuse any further care after he left the hospital, and we had to resort to over the counter medications to help him survive. He had a Heart attack in the 37th day and died in less than 5 minutes.

Attorneys would not take case as investigation costs would exceed $100,000.. (This information has been published since Sept , 24, 2004. At NewscellUSA.com Click on Gallery page)

General Law: 2004 Monetary Limitations on civil recovery of Medical Malpractice shall be modified. The Allowable recovery shall still remain at $250,000., but expenses to bring the suit, shall be documented and recoverable separately over and above $250,000. limit.

Also if not in Code presently, the $250,000. award limit per case shall be raised to a ceiling not to exceed the age of 70 years minus the age of suffered, times the amount of highest annual income received in existing lifetime, PLUS a 5% annual increase based on remaining years to age 70.

General Law: Attorney media advertising. Attorney Firms shall not explain civil cases of conduct by others such as ‘Is Your loved one abused in a nursing home?‘ in advertisement, unless they take all cases presented to them for those causes advertised and shall abide by General Law aforementioned in this Presentation. They shall only advertise what cases they handle cases or specific cases, or lists cases such as (examples): divorce, personal injury, and other. The Attorneys or Law Firms shall take all similar cases presented to them because of the advertising or shall find attorney or firms to handle such cases and shall not dismiss person seeking assistance. (As per previous presented in this enclosure.)

Amend Defenders Bills: Recover costs on Only those defended who have committed a violent crime or a major criminal act such as Meth, or drug production, Stealing, Robbery, Assault, drug dealers, repeat offenders of same or similar charges. Make exception to those who are civil or party to party complaints such as some one accusing others of trespassing, petty theft, phone or verbal harassment, other misdemeanor offenses unless same offense occurs in 2 or more times at different locations by person committing, and shows person is ‘criminal habitual.’

Submitted to WV Governor's Office, Majority Leaders Senate & House, Minority Leaders Senate & House, Senator Dr. Dan Foster, Senate Clerk's Office, and Charleston Newspapers for both The Charleston Gazette & Charleston, Senate Clerk's Office by Dale A Foster Feb. 7,2006 House of delegate's Clerk's Office refused to accept.