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Introduced Version Senate Bill 492 History

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Senate Bill No. 492

(By Senators Love, Sharpe, Edgell and Minear)

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[Introduced March 9, 2005; 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 Department of Health and Human Resources and Division of Corrections 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, one thousand nine hundred thirty-one, as amended, for the payments thereof out of any fund appropriated and available for the purpose.

(a)
Claims against the Department of Health and Human Resources:

(TO BE PAID FROM GENERAL REVENUE FUND)

(1) Altmeyer Funeral Homes & Crematory.$2,500.00
(2) Bailey-Kirk Funeral Home, Inc.$2,500.00
(3) Barlow-Bonsall Funeral Home$5,000.00
(4) Bartlett-Chapman Funeral Home, LLC$2,500.00
(5) Boyle Funeral Home, Inc., and
Floyd Funeral Home, Inc.$13,550.00
(6) Brown Funeral Home$13,750.00
(7) Browning Funeral Home, Inc.$5,000.00
(8) Calfee Funeral Home, Inc.$1,250.00
(9) Carpenter & Ford Funeral Home$2,500.00
(10) Chafin Funeral Home, Inc.$2,500.00
(11) Chapel Funeral Home, Inc.$3,750.00
(12) Chapman's Mortuary, Inc.$2,500.00
(13) Cravens-Shires Funeral Home, Inc.$1,250.00
(14) Curry Funeral Home$1,250.00
(15) Davis Funeral Home$1,250.00
(16) Davis-Weaver Funeral Home$7,500.00
(17) Dodd & Reed Funeral Home, Inc.$5,000.00
(18) Donald G. Ford Funeral Home, Inc.$1,250.00
(19) Durgan Funeral Home, Inc.$1,250.00
(20) Fanning Funeral Home, Inc.$2,500.00
(21) Ferrell Funeral Home, Inc.$6,250.00
(22) Ford Funeral Home, Inc.$1,250.00
(23) Frey Home for Funerals, Inc.$3,750.00
(24) Funeral Services, Inc., dba
James Funeral Home$3,750.00
(25) Good Shepherd Mortuary$3,750.00
(26) Greathouse-Gemondo Funeral Home$1,250.00
(27) Hall Funeral Home, Inc.$2,500.00
(28) Highlawn Funeral Chapel, Inc.$1,250.00
(29) Hunter-Anderson Funeral Home$1,250.00
(30) Ingram Funeral Home, RIP Inc.$6,250.00
(31) J.E. Johnson Funeral Home, Inc.$2,500.00
(32) J.G. Lampkin Funeral Home$1,250.00
(33) James Funeral Home$1,250.00
(34) Jarvis Funeral Homes, Inc.$1,250.00
(35) Keller Funeral Home, Inc.$1,250.00
(36) Kepner Funeral Home, Inc.$3,750.00
(37) Kiger-Williams Funeral, Inc., dba
Rotruck-Lobb Funeral Homes$2,500.00
(38) Klingel-Carpenter Mortuary, Inc.$2,500.00
(39) Koontz Funeral Home$2,500.00
(40) Lambert-Tatman Funeral Home$6,250.00
(41) Leavitt Funeral Home, Inc.$6,250.00
(42) Lohr & Barb Funeral Home, Inc.$3,750.00
(43) McKee Funeral Home$1,250.00
(44) Memorial Funeral Chapels, Inc., dba
Greene-Robertson Funeral Home$1,250.00
(45) Memorial Funeral Directory, Inc.$7,450.00
(46) Mercer Funeral Home of Bluefield, Inc.$2,500.00
(47) Morris Funeral Home, Inc.$1,250.00
(48) Mosti Funeral Home, Inc.$1,250.00
(49) Pennington Funeral Home, Inc.$1,250.00
(50) Preston Funeral Home, Inc.$1,250.00
(51) Rose and Quesenberry Funeral Home$6,250.00
(52) Schaeffer Funeral Home, Inc.$1,250.00
(53) Seaver Funeral Service, Inc.$1,250.00
(54) Shaffer-Warnick Funeral Home$1,250.00
(55) Simons-Coleman Funeral Home, Inc.$2,500.00
(56) Snodgrass Funeral Home$5,000.00
(57) Stevens & Grass Funeral Home$1,250.00
(58) Stockert-Gibson Funeral Home$2,500.00
(59) Taylor & Vandale Funeral Home, Inc.$2,500.00
(60) Tomblyn Funeral Home$2,500.00
(61) Tyler Mountain Funeral Home$1,250.00
(62) Tyree Funeral Home, Inc.$2,500.00
(63) Wallace & Wallace, Inc.$1,225.00
(64) Wallace Funeral Home$1,250.00
(65) Widner Funeral Home$1,250.00
(66) Wilcoxen Funeral Home$2,500.00
(67) William McCulla Funeral Home$1,250.00
(b) Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)

(1) Allegheny General Hospital$8,412.00
(2) Anesthesia Medical Group$1,650.00
(3) Charleston Area Medical Center, Inc.$179,126.83
(4) Correctional Medical Services, Inc.$16,898.89
(5) Davis Memorial Hospital$651.00
(6) General Anesthesia Services, Inc.$8,475.00
(7) Grafton City Hospital$8,336.00
(8) Mirza, Abdul M., M.D.$852.67
(9) Professional Anesthesia Services$1,800.00
(10) Thoracic & Cardiovascular Associates, Inc.$10,504.00
(11) United Hospital Center$1,646.59
(12) University Health Associates$17,832.00
(13) West Virginia University Hospitals, Inc.$30,772.24
(14) West Virginia University Physicians
of Charleston$687.00
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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 - $487,369.22.)

_________


FINANCE COMMITTEE AMENDMENT


On page six, section one, line four, by striking out "$ 8,336.00" and inserting in lieu thereof "$ 4,206.47".
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