Senate Bill No. 685
(By Senators McCabe, Helmick, Plymale, Bailey, Prezioso, Love,
Edgell, Unger, Boley, Facemyer, Guills, Sypolt, Minard, McKenzie,
Stollings, Yoder, Jenkins and White)
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[Introduced February 18, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §12-3-21, relating to
reaffirming the constitutional authority of the Legislature to
appropriate public moneys; providing procedures for the
disposition and appropriation of moneys received from certain
actions; requiring reports to the President of the Senate,
Speaker of the House of Delegates, Governor and Secretary of
Administration of expenses incurred in such actions; and
requiring notice to the President of the Senate, Speaker of
the House of Delegates, Governor and Secretary of
Administration upon commencement of such actions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §12-3-21, to read as follows:
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-21. Appropriation of moneys received from certain actions;
reports of expenses incurred.
(a) The Legislature reaffirms its exclusive authority under
the Constitution to appropriate public moneys, and hereby
establishes procedures for the disposition and appropriation of
moneys received as a result of actions.
(b) In any action brought on behalf of the State of West
Virginia, or any of its departments, agencies, institutions,
officers, employees, or political subdivisions which results in
settlement or judgment, the net proceeds of moneys, fines,
restitution, forfeitures, penalties, costs, interest or judgments
collected pursuant to any civil litigation, administrative
proceeding or in settlement of any claim, shall be deposited in the
General Revenue Fund of the state and shall be available for
expenditure only upon appropriation by the Legislature in
accordance with the provisions of West Virginia Constitution,
article six, section fifty-one, unless:
(1) The recovery or a portion thereof was on behalf of a
special fund established under the provisions of this code, in
which event the portion of the recovery on behalf of the special
fund shall be deposited in the special fund established in the
State Treasury; or
(2) The recovery or a portion thereof was on behalf of or
required to be held in a trust fund, in which event the portion of
the recovery on behalf of the trust fund shall be deposited in a
special fund established in the State Treasury to be held in trust;
or
(3) The recovery was on behalf of a political subdivision of
the state, in which event the portion of the recovery on behalf of
the political subdivision shall be transmitted to the treasurer of
the political subdivision for deposit in its general fund.
(c) In order for the Legislature to knowingly and properly
assert its Constitutional responsibility and obligation to
appropriate, in any action set forth in this section which involved
expenditures of time or resources by agencies or persons other than
regular employees of the State of West Virginia or any of its
departments, agencies, institutions or political subdivisions, the
attorney effectuating a final settlement or judgment shall
immediately upon conclusion of the action, certify the following
information to the Governor, the Secretary of the Department of
Administration, the President of the Senate and the Speaker of the
House of Delegates:
(1) The names of all persons who provided extraordinary
services with respect to the action, including attorneys, experts,
accountants and similar professionals, with an accounting of the
terms on which they are to be paid, including the amount of time and other resources expended on the action; and
(2) The names, resources and amount of time expended by
similar professionals employed or engaged by any of the parties;
and
(3) Notwithstanding any provision of this subsection to the
contrary, or any other provision of law, the proceeds of judgments
or settlements of any kind, or any part thereof, may not be
expended without appropriation by the Legislature.
(d) So that the Legislature may be aware of potential awards,
the attorney bringing any action on behalf of the State of West
Virginia, or any of its departments, agencies, institutions,
officers, employees or political subdivisions which could result in
settlement or judgment shall immediately upon commencement of the
action notify the Governor, the Secretary of the Department of
Administration, the President of the Senate and the Speaker of the
House of Delegates.
NOTE: The purpose of this bill is to reaffirm the
Constitutional authority of the Legislature to appropriate public
moneys; to establish procedures for appropriation of moneys
received in certain actions; and to require reporting expenses in
these actions in order to provide the Legislature with information
necessary for it to properly exert its authority to appropriate.
This section is new; therefore, strike-throughs and
underscoring have been omitted.