H. B. 2687


(By Delegates Browning, Petersen, Rutledge,

H. White, S. Cook, Leach and Hendricks )


(Originating in the House Committee on Finance)


[March 22, 1993]


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 education; department of health and human resources; division of corrections; and division of culture and history, 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 over-expenditures of the departmental appropriations by officers of such state spending units, such claims having been previously considered by the court of claimswhich 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 such 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, and, 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) Claim against the Department of Education:
(To be paid from General Revenue Fund)
(1) Irene Sellas............................$265.00
(b) Claims against the Department of Health and
Human Resources:
(To be paid from General Revenue Fund)
(1) Allen Funeral Home......................$400.00
(2) Altmeyer Funeral Homes, Inc.............$400.00
(3) Barlow-Bonsall Funeral Home.............$400.00
(4) Boyle Funeral Home......................$400.00
(5) Brown Funeral Home......................$800.00
(6) Carpenter & Ford, Inc...................$1,062.00
(7) Casdoroph & Curry Funeral Home, Inc.....$325.00
(8) Chambers Funeral Home, Inc..............$325.00
(9) Chambers - James Funeral Home...........$ 400.00
(10) Chapman's Mortuary, Inc.................$400.00
(11) Dodd-Payne-Hess Funeral Home............$400.00
(12) Evans Funeral Home......................$400.00
(13) Evans Funeral Home, Inc.................$325.00
(14) Fanning Funeral Home, Inc...............$325.00
(15) Foglesong Funeral Home..................$400.00
(16) Frey Home for Funerals..................$800.00
(17) Greco-Hertnick Funeral Home.............$400.00
(18) Greene-Robertson Funeral Home...........$400.00
(19) Grisell Funeral Home, Inc...............$325.00
(20) Handley Funeral Home, Inc...............$400.00
(21) Hastings Funeral Home, Inc..............$725.00
(22) Heck Funeral Home, Inc..................$400.00
(23) Jones Funeral Home......................$400.00
(24) Keller Funeral Home, Inc................$800.00
(25) Kepner Funeral Homes, Inc...............$400.00
(26) Kimes Funeral Home, Inc.................$400.00
(27) Lambert-Tatman Funeral Home.............$400.00
(28) Longanacre Funeral Home.................$400.00
(29) Masters Funeral Home, Inc...............$400.00
(30) McGlumphy Mortuary......................$325.00
(31) Melton Mortuary, Inc....................$400.00
(32) Memorial Funeral Directory, Inc.........$400.00
(33) Myers Funeral Home......................$325.00
(34) Nixon Funeral Home, Inc.................$400.00
(35) Pennington Funeral Home.................$400.00
(36) Pivont Funeral Service, Inc.............$400.00
(37) Poling-St. Clair Funeral Home, Inc......$400.00
(38) Pryor Funeral Home......................$400.00
(39) Raiguel Funeral Home, Inc...............$400.00
(40) Schaeffer Funeral Home, Inc.............$725.00
(41) Shanklin Funeral Home, Inc..............$325.00
(42) Stockert-Gibson Funeral Home............$400.00
(43) Stonewall Jackson Memorial Hospital.....$853.37
(44) Stump Funeral Home, Inc.................$400.00
(45) Tomblyn Bros. Funeral Home, Inc.........$400.00
(46) Wallace & Wallace, Inc..................$400.00
(47) Waters Funeral Chapel...................$400.00
(48) Wm. McCulla Funeral Home................$400.00
(49) James Funeral Home......................$ 400.00
(c) Claims against the Division of Corrections:
(To be paid from General Revenue Fund)
(1) Paul Bachwitt, MD.......................$522.00
(2) Braxton County Memorial Hospital........$4,786.62
(3) Hubert H. Byron, Jr., DMD...............$3,451.00
(4) Healthcare Financial Services...........$441.80
(5) Highlawn Pharmacy, Inc..................$981.92
(6) Richard C. Newhart, DDS.................$75.00
(7) Princeton Community Hospital............$9,397.68
(8) Radiology, Inc..........................$1,444.00
(d) Claim against the Division of Culture and History:
(To be paid from General Revenue Fund)
(1) Xerox Corporation.......................$336.19