H. B. 2669
(By Delegates Leach, Jenkins, Hubbard, Underwood and Johnson)
[Introduced March 21, 1997; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section three, article five, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to counties;
fiscal affairs; claims against counties; and clarifying that
claims for payment need not be presented to the county
commission while sitting as a corporate body.
Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. FISCAL AFFAIRS.
§7-5-3. Claims against county.
Every person having a claim or demand against a county shall
file with the clerk of the county court thereof an account or statement of the same, fully setting forth the items; and where
the claim or demand is for services for which no rate or
compensation is fixed by law or by such the court, the number of
days occupied in such services. The clerk shall promptly present
such the account or statement to such court at its first meeting
thereafter, the commission, which shall allow the whole or such
the part thereof as it may deem considers just, or disallow the
whole.
Approval of payment for claims or demands may be evidenced
by facsimile signatures of commission members in the event such
claims or demands were previously approved during a time or times
in which the commission met as a corporate body and wherein the
official minutes of the meeting reflect the approval was made.
In all other cases, approval of such payments shall be by
original signatures of commission members.
NOTE: The purpose of this bill is to clarify that claims
for payment against counties need not be presented to the county
commission while it sits as a corporate body. It provides that
approvals for payment may be reflected by facsimile signatures of
commission members when such approvals were previously made while
the commission met as a corporate body. Otherwise, approval of
payments for claims must be by original signatures. The bill
also makes technical changes and updates references to the county
commission.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.