Senate Bill No. 488
(By Senators Love, Helmick, Sharpe, Edgell and Minear)
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[Introduced February 10, 1999;
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 education; division of corrections; and division of
labor; 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 Education:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Elizabeth Jane Burger$408.00
(b) Claims against the Division of Corrections:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Alderman's Pharmacy$1,716.64
(2)Anthony Creek Rescue Squad$478.00
(3)Associated Emergency Physicians$110.00
(4)Baird Physical Therapy$405.00
(5)Camden Clark Memorial Hospital$9,377.15
(6)Charleston Area Medical Center, Inc.$209,516.21
(7)Correctional Medical Services, Inc.$274,304.58
(8)G. Y. Dagher, M.D.$303.00
(9)Haven N. Wall, Jr., M.D., Inc.$258.00
(10)C. Stephen High, M.D.$478.00
(11)Jan Care Ambulance Service, Inc.$9,008.00
(12)Mammen Kovoor, M.D.$200.00
(13)Laboratory Corporation of America Holdings$424.75
(14)Medbrook Medical Associates, Inc.$130.00
(15)Midtown Dental Lab, Inc.$9,295.27
(16)F. G. Powderly, M.D.$387.00
(17)Radiological Physicians Associates$966.00
(18)Robert Rose, M.D.$1,450.00
(19)St. Joseph's Hospital/Columbia$3,632.48
(20)Joseph J. Talavera, M.D., Inc.$3,250.00
(21)United Hospital Center$2,792.80
(22)University Health Associates$71,530.20
(23)Welch Emergency Hospital$893.55
(24)West Virginia University Hospitals, Inc.$119,102.58
(25)Wexford Health Sources$26,731.46
(c) Claim against the Division of Labor:
(TO BE PAID FROM GENERAL REVENUE FUND)
(1)Bell Atlantic-West Virginia, Inc.$248.19
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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 agencies involved
overspent their budgets.
Total amount of general revenue - $747,396.86.)