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Introduced Version Senate Bill 619 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 619

(By Senators Foster, Browning, Jenkins, Laird, Palumbo,

Stollings, Williams, Yost, Barnes, Deem, Kessler, Plymale and Minard)

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[Introduced February 19, 2010; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §14-2-3 and §14-2-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §14-2-16a and §14-2-19a, all relating to providing for administrative determination of certain claims against the state by the Clerk of the Court of Claims; modifying definitions; providing general powers of the clerk; providing procedures for determination of claims by the clerk; approving the determination of the clerk by the court; adjudicating pending claims; and paying claims.

Be it enacted by the Legislature of West Virginia:
That §14-2-3 and §14-2-12 the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §14-2-16a and §14-2- 19a, all to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-3. Definitions.

For the purpose of this article:
"Court" means the State Court of Claims established by section four of this article.
"Claim" means a claim authorized to be heard by the court or clerk in accordance with this article.
"Approved claim" means a claim found by the court or clerk to be one that should be paid under the provisions of this article.
"Award" means the amount recommended by the court or clerk to be paid in satisfaction of an approved claim.
"Clerk" means the Clerk of the Court of Claims.
"State agency" means a state department, board, commission, institution or other administrative agency of state government: Provided, That a "state agency" shall not be considered to include county courts, county boards of education, municipalities or any other political or local subdivision of the state regardless of any state aid that might be provided.
§14-2-12. General powers of the court.
The court shall, in accordance with this article, consider claims which, but for the Constitutional immunity of the state from suit, or for some statutory restrictions, inhibitions or limitations, could be maintained in the regular courts of the state. No liability shall be imposed upon the state or any state agency by a determination of the Court of Claims approving a claim and recommending an award, unless the claim is: (1) Made under an existing appropriation, in accordance with section nineteen of this article; or (2) a claim under a special appropriation, as provided in section twenty of this article. The court shall consider claims in accordance with the provisions of this article.
Except as is otherwise provided in this article, a claim shall be instituted by the filing of notice with the clerk. In accordance with rules promulgated by the court, each claim shall be considered by the court as a whole, or by a judge sitting individually or by the clerk, pursuant to section sixteen-a of this article, and if, after consideration, the court or clerk finds that a claim is just and proper, it shall so determine and shall file with the clerk a brief statement of its reasons. A claim so filed shall be an approved claim. The court or clerk shall also determine the amount that should be paid to the claimant, and shall itemize this amount as an award, with the reasons therefor, in its statement filed with the clerk. In determining the amount of a claim, interest shall not be allowed unless the claim is based upon a contract which specifically provides for the payment of interest.
§14-2-16a. Administrative determination of claims by the clerk; approval by the court; duties of claimant, respondent and clerk.

Notwithstanding any other provision of this article, claims of $2,500 or less may be determined administratively by the Clerk of the Court of Claims, with the approval of the court, under the following procedure:
(a) The claimant shall give notice to the clerk that he or she desires to maintain a claim. The notice shall be in writing and shall be in sufficient detail to identify the claimant, the circumstances giving rise to the claim and the state agency concerned, if any. The claimant shall not otherwise be held to any formal requirement of notice.
(b) The clerk shall transmit a copy of the notice to the respondent state agency concerned. The respondent shall file a responsive pleading with the clerk within sixty days of receipt of a copy of the notice. Within the sixty day period, the attorney for respondent may request an extension of time for filing the responsive pleading and set forth reasons for the extension. If an extension is granted, the clerk shall set a date certain for the filing of the responsive pleading.
(c) The clerk shall forward a copy of the responsive pleading to the claimant and provide the claimant with an opportunity to respond to the respondent's pleading in writing within twenty-one days of receiving the responsive pleading.
(d) Within forty-two days after receiving the agency's responsive pleading, the clerk shall determine the claim administratively based upon the notice and exhibits, the agency's responsive pleading and exhibits and the claimant's written response, if provided. The clerk must issue a written determination, together with findings of fact and conclusions of law, which shall be filed with the clerk. Upon the filing of the determination by the clerk, the court shall determine, in writing, whether the determination by the clerk should be approved and shall file its statement with the clerk.
(e) If there is insufficient information before the clerk to make an administrative determination or if the clerk determines that a hearing before the court is necessary, the claim will be considered under the regular procedure of the court pursuant to section sixteen of this article.
(f) All claims which have been filed and are pending before the court and which meet the requirements of this article upon the enactment of this section during the 2010 legislative session may be adjudicated under this section.
§14-2-19a. Payment of administrative determinations and vendor claims.

For claims wherein awards are made through the procedure set forth in section sixteen-a of this article and vendor claims considered by the court under section sixteen of this article, the court shall certify the approved claim and award to the head of the appropriate state agency and to the State Auditor. The claim shall be paid by the state agency within sixty days.


NOTE: The purpose of this bill is to provide for administrative determination of claims for $2,500 or less against the state by the Clerk of the Court of Claims, with the approval of the court.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§14-2-16a and §14-2-19a are new; therefore, strike-throughs and underscoring have been omitted.


This bill was recommended for introduction and passage during the 2010 Regular Session of the Legislature by the Joint Standing Committee on the Judiciary.

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