SB436 SFA Nelson #1 2-20

Childs  7949

Senator Nelson moved to amend the bill on page 3, section 2, lines 58 and 59, by striking out all of subsection (h), and inserting in lieu thereof two new subsections (h) and (i), to read as follows:

(h) Nothing in this article should be construed to limit the right of a state agency or the State Auditor to refuse illegitimate, erroneous, fraudulent, or disputed claims for payment. Examples of these types of payments include, but are not limited to:

(1) Payment claims that do not conform to a State agency’s standards for payment or internal controls;

(2) Payment claims of a fraudulent or a personal nature;

(3) Payment claims for services not ordered, rendered, or received;

(4) Payment claims that appear to be in violation of any State, local, or Federal law;

(5) Claims for payment that do not conform to the payment standards administered by the State Auditor in authorized promulgated administrative law, rule, or policy, or;

(6) Any other situation where paying a claim for payment would be unlawful, inappropriate, or not in the best interests of the State of West Virginia. Provided: That no state agency shall arbitrarily deem an invoice illegitimate, erroneous, fraudulent, or disputed solely in order to circumvent the requirements of this article.

(i) No state agency shall be liable for the interest provided for in this article if the Legislature declines to fund the payment claim’s program or appropriation for a given state agency in a subsequent fiscal year or if the State Budget Office determines that the payment of interest provided for in this article provides a financial hardship or burden on the State in any given fiscal year.

Adopted

Rejected