ENROLLED
H. B. 4490
(By Delegates Stalnaker, Tucker, Craig,
Manchin, Anderson and Evans)
[Passed March 5, 2008; 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 Division of
Corrections to be moral obligations of the state and
directing payments thereof.
The Legislature has heretofore made findings of fact that the
state has received the benefit of the commodities received and/or
services rendered by certain claimants herein and has considered
these claims against the state, and agencies thereof, which have
arisen due to overexpenditures of the departmental appropriations
by officers of the state spending units, the claims having been previously considered by the Court of Claims which also found that
the state has received the benefit of the commodities received
and/or services rendered by the claimants, but were denied by the
Court of Claims on the purely statutory grounds that to allow the
claims would be condoning illegal acts contrary to the laws of the
state. The Legislature, pursuant to its findings of fact and also
by the adoption of the findings of fact by the Court of Claims as
its own, while not condoning such illegal acts, hereby declares it
to be the moral obligation of the state to pay these claims in the
amounts specified below and directs the Auditor to issue warrants
upon receipt of properly executed requisitions supported by
itemized invoices, statements or other satisfactory documents as
required by section ten, article three, chapter twelve of the Code
of West Virginia, one thousand nine hundred thirty-one, as amended,
for the payments thereof out of any fund appropriated and available
for the purpose.
(a) Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Correctional Medical Services$439,922.81
(2) Monongalia General Hospital $80,299.30
(3) Montgomery General Hospital$34,180.62
(4) Professional Anesthesia Services Inc.$3,472.26
(5) WVU Medical Corporation, dba
University Health Associates$26,520.00
(6) WVU Physicians of Charleston$17,077.00
(7) West Virginia University Hospitals$294,535.34