Senate Bill No. 636
(By Senators Fanning, Edgell, White, Sypolt and Oliverio)
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[Introduced March 18, 2009; 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 Division of
Corrections and the Division of Natural Resources 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,1931, 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) Camden-Clark Memorial Hospital$4,372.43
(2) Monongalia General Hospital $477.60
(3) Montgomery General Hospital$19,360.21
(4) Montgomery Medcorp$3,598.00
(5) West Virginia University Hospitals, Inc.$40,247.49
(6) WVU Medical Corporation dba
University Health Associates$2,507.00
(7) WVU Physicians of Charleston$5,027.00
(b)Claim against the Division of Natural Resources:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Harry Lee Scott dba H & J Superette$30,584.00
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(NOTE: The purpose of this bill is to provide payment to
certain claimants who provided commodities and/or services to the
state, but who were not paid because the agency involved overspent
its budget.
Total amount of general revenue - $75,589.73
Total amount of special revenue - $30,584.00.)