ENGROSSED
Senate Bill No. 693
(By Senator Tomblin, Mr. President)
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[Introduced February 20, 2006; referred to the Committee
on Finance.]
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A BILL to repeal §14-2-18, §14-2-19 and §14-2-20
of the Code of
West Virginia, 1931, as amended; and to amend and reenact
§14-2-12, §14-2-13, §14-2-23 and §14-2-25 of said code, all
relating to
the Court of Claims; and removing procedures for
review of certain claims that do not require approval by the
Legislature before the claim is paid.
Be it enacted by the Legislature of West Virginia:
That §14-2-18, §14-2-19 and §14-2-20
of the Code of West
Virginia, 1931, as amended, be repealed; and that
§14-2-12,
§14-2-13, §14-2-23 and §14-2-25 of said code
be amended and
reenacted, all to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-12. General powers of the court.
(a) 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 is 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.
(b) Except as is otherwise provided in this article, a claim
shall be is 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, and if, after consideration, the court 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 is an approved claim. The court shall also determine the amount
that should be paid to the claimant and shall itemize this amount
as an award, with the reasons therefor for the award, in its
statement filed with the clerk. In determining the amount of a
claim, interest shall not be is not allowed unless the claim is
based upon a contract which specifically provides for the payment
of interest.
§14-2-13. Jurisdiction of the court.
The jurisdiction of the court, except for the claims excluded
by section fourteen of this article, shall extend extends to the
following matters:
(1) Claims and demands, liquidated and unliquidated, ex
contractu and ex delicto, against the state or any of its agencies,
which the state as a sovereign commonwealth should in equity and
good conscience discharge and pay; and
(2) Claims and demands, liquidated and unliquidated, ex
contractu and ex delicto, which may be asserted in the nature of
set-off or counterclaim on the part of the state or any state
agency.
3. The legal or equitable status, or both, of any claim
referred to the court by the head of a state agency for an advisory
determination.
§14-2-23. Inclusion of awards in budget; payment of awards.
(a) The clerk shall certify to the Department of finance and
Administration Revenue, on or before the twentieth day of November
of each year, a list of all awards recommended by the court to the
Legislature for appropriation. The clerk may certify supplementary
lists to the Governor to include subsequent awards made by the
court. The Governor shall include all awards so certified in his
or her proposed budget bill transmitted to the Legislature. Any
other provision of this article or of law to the contrary
notwithstanding, the clerk shall may not certify any award which has been previously certified.
(b) An award recommended by the court under an existing
appropriation or under a special appropriation may not be paid
unless the Legislature specifically provides for the payment in a
subsequent budget or other appropriation bill.
§14-2-25. Reports of the court.
The clerk shall be is the official reporter of the court. He
The clerk shall collect and edit the approved claims, awards and
statements, shall prepare them for submission to the Legislature in
the form of an annual report and shall prepare them for
publication.
Claims and awards shall be separately classified as follows:
(1) Approved claims and awards not satisfied but referred to
the Legislature for final consideration and appropriation; and
2. Approved claims and awards satisfied by payments out of
regular appropriations.
3. Approved claims and awards satisfied by payment out of a
special appropriation made by the Legislature to pay claims arising
during the fiscal year.
4 (2) Claims rejected by the court with the reasons therefor
for rejection.
5. Advisory determinations made at the request of the
governor or the head of a state agency.
The court may include any other information or recommendations
pertaining to the performance of its duties.
The court shall transmit its annual report to the presiding
officer of each house of the Legislature and a copy shall be made
available to any member of the Legislature upon request. therefor
The reports of the court shall be published biennially by the clerk
as a public document. The biennial report shall be filed with the
clerk of each house of the Legislature, the Governor and the
Attorney General.
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