Senate Bill No. 396
(By Senators Love, Helmick, Sharpe, Sprouse, McKenzie and Ross)
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[Introduced February 4, 1998; 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 administration; division of corrections; and supreme court of appeals; 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 such state spending units, such
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 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 Administration:
(TO BE PAID FROM SPECIAL REVENUE FUND)
(1) Division of Highways$337.09
(b) Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) Braxton County Memorial Hospital$254.25
(2) Charleston Area Medical Center$9,833.63
(3) Correctional Medical Services, Inc.$117,930.10
(4) Robert J. Crisalli, M.D.$2,500.00
(5) Davis Memorial Hospital$92.00
(6) Greenbrier Anesthesia Services, Inc.$528.00
(7) Greenbrier Valley Urology Associates$311.00
(8) Guardian Angel Ambulance Service$503.00
(9) John Henderson, M.D.$1,626.00
(10) Henshaw Orthopedics, Inc.$6,188.00
(11) Horizon Mobile Health Services$5,630.67
(12) Ray L. Jones, D.O.$960.00
(13) Kanawha County Emer. Ambulance Authority .$273.00
(14) Stanley S. Masilamani, M.D.$92.00
(15) Mercer County Commission$493.68
(16) Joseph A. Noronha, M.D.$2,640.00
(17) Parkersburg Anesthesia, Inc.$676.00
(18) Preston Memorial Hospital$438.50
(19) Randolph County Emergency Squad$826.66
(20) Samuel K. Roberts, M.D.$843.00
(21) Rose Associated Radiologists, Inc.$74.00
(22) Robert Rose, M.D.$345.00
(23) UHA Dental Practice$5,560.00
(24) United Hospital Center$1,642.10
(25) University Health Associates$46,725.55
(26) West Virginia University Hospitals, Inc.$1,630.32
(27) Wexford Health Sources, Inc.$58,497.57
(c) Claim against the Supreme Court of Appeals:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1) James M. Casey.$297.00
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 agencies involved
overspent their budgets.
Total amount of general revenue - $267,411.03
Total amount of special revenue - 337.09