ENGROSSED

Senate Bill No. 455

(By Senators Love, Helmick, Sharpe, Edgell and Minear)

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[Introduced March 9, 2001; 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; department of education; division of corrections; and the 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 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) Claim against the Department of Administration:
( TO BE PAID FROM GENERAL REVENUE FUND)
 (1) Xerox Corporation
$379,987.57

(b) Claim against the Department of Education:
( TO BE PAID FROM GENERAL REVENUE FUND)
 (1) Donna L. Currey
$ 882.00

(c) Claims against the Division of Corrections:
 (TO BE PAID FROM GENERAL REVENUE FUND)
(1) Anthony Creek Rescue Squad
$ 155.50

(2) Associated Emergency Physicians, Inc.$ 516.00
(3) Associated Radiologists, Inc.
$ 30.00

(4) Ghali Bacha, M.D.
$ 375.00

(5) Barbour County Family Medicine
$ 83.00

(6) Bluefield Internist-Cardiologist, Inc.
$ 478.00

(7) Capital Neurology
$ 293.00

(8) Central WV Medcorp, Inc.
$ 465.00

(9) Charleston Area Medical Center, Inc.$312,532.20
(10) Charleston Cardiology Group
$ 2,925.81

(11) Charleston Heart Specialists
$ 2,285.00

(12) City of Wheeling Ambulance
$ 168.00

(13) Correctional Medical Services, Inc.$616,025.61
(14) D'Brot and Al-Asadi, PLLC
$ 1,385.00

(15) G. Y. Dagher, M.D.
$ 1,275.00

(16) Davis Memorial Hospital
$ 17,447.47

(17) Eye and Ear Clinic Physicians, Inc.$ 150.00
(18) Carl Fisher, III, M.D.
$ 700.00

(19) James W. Gainer, M.D.
$ 380.00

(20) General Ambulance, Inc.
$ 350.00

(21) General Anesthesia Services
$ 13,914.00

(22) Grafton City Hospital
$ 3,735.49

(23) Greenbrier Valley Medical Center$ 592.48
(24) Mark R. Hatfield, M.D.
$ 200.00

(25) John P. Henderson, II, M.D.
$ 202.00

(26) Carl Stephen High, M.D.
$ 154.00

(27) Highland Cellular, Inc.
$ 358.03

(28) Huntington Anesthesiology Group$ 483.00
(29) James E. LeVos, M.D., Doddridge County
Medical Center
$ 100.00

(30) Jan Care Ambulance
$ 2,768.00

(31) Kanawha Nephrology, Inc.
$ 500.00

(32) Kelly Medical Corporation
$ 1,237.75

(33) Laboratory Corporation of America$ 3,150.75
(34) Marion Anesthesia Associates
$ 819.00

(35) Montgomery General Hospital
$125,568.11

(36) Montgomery Radiologists, Inc.
$ 2,156.12

(37) Mountain State Plastic Surgeons, PLLC$ 200.00
(38) Neurological Associates, Inc.
$ 2,298.00

(39 William E. Noble, M.D.
$ 1,308.00

(40) Joseph A. Noronha, M.D.
$ 438.00

(41) Nuclear Medicine Services, Inc.$ 347.00
(42) Ohio Valley Medical Center
$ 95,127.58

(43) Pocahontas Memorial Hospital
$ 456.00

(44) Professional Imaging, Inc.
$ 715.47

(45) Radiological Physicians Associates$ 24.00
(46) Radiology, Inc.
$93.00

(47) Khalid Rana, M.D.
$ 100.00

(48) Narayana N. Reddy, M.D.
$ 180.00

(49) Venu Reddy, M.D.
$ 1,420.00

(50) Samuel K. Roberts, M.D.
$ 422.00

(51) Rose Associated Radiologists
$ 104.00

(52) Jose M. Serrato, M.D.
$ 94.00

(53) St. Joseph's Hospital
$ 3,465.50

(54) State Electric Supply Company, Inc.$ 384.54
(55) Taylor County Emergency Squad
$ 538.00

(56) Jash Thakkar, M.D.
$ 315.00

(57) Ganpat G. Thakker, M.D.
$ 787.13

(58) Thomas Memorial Hospital
$ 1,478.91

(59) Thoracic & Cardiovascular Associates, Inc.$ 18,065.40
(60) Tri-Tech, Inc.
$ 445.84

(61) Tygart Valley Total Care Clinic$ 1,363.00
(62) University Health Associates
$ 35,257.00

(63) Valley Radiologists, Inc.
$ 718.50

(64) Byron L. VanPelt, M.D.
$ 105.00

(65) Welch Community Hospital
$ 3,079.89

(66) West Virginia Cardiovascular Associates$ 705.00
(67) West Virginia University Hospitals, Inc.
$239,312.80

(68) Wladimir Zyznewsky, M.D.
$ 1,705.00

(d) Claim against the Division of Labor:
 (TO BE PAID FROM GENERAL REVENUE FUND)
(1) Teays River Construction Company$ 6,205.04

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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
-$1,912,086.49.)