Senate Bill No. 59

(By Senator Cookman)

____________

[Introduced January 8, 2014; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]

____________

A BILL to amend and reenact §12-3-18 of the Code of West Virginia, 1931, as amended, relating to claims against counties, school districts or municipalities.

Be it enacted by the Legislature of West Virginia:

    That §12-3-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-18. Itemized statement of claims against counties, school districts or municipalities.

    It shall be unlawful for Any county court, board of education or the council of a municipal corporation, or other body charged with the administration of the fiscal affairs of any county, school district, independent school district or municipality, to shall pay any properly authorized itemized claim (invoice) for services rendered or materials furnished. Claims are to be paid timely taking advantage of discounts for paying early. All claims shall be defaced when paid. The public bodies as listed above shall be provided a listing of claims paid, at least monthly, indicating the type of service or material furnished. unless an itemized account therefor is filed by the claimant covering the claim. Such account shall be itemized in detail, and shall show, among other things, the following: If the claim is for services, it shall show the kind of service, the dates when same was performed and the name of the person performing it; if the claim is for material or supplies furnished, the claim shall show in detail the kind of material or supplies, the quantity, dates of delivery and to whom delivered; and if the claim is for road or bridge work or for road or bridge material, the amount of which claim is for material in excess of $5 or for labor in excess of $25, the claim shall be verified by the affidavit of the person making it, and in such affidavit the person making the claim shall be required to state that the services performed or materials furnished, as set forth in such claim, were actually performed or actually furnished, and that the claim as stated is true and correct and that there is justly due to the claimant the sum set forth in the account. If any person shall swear falsely in the making of such affidavit, he shall be deemed guilty of false swearing. The president or presiding officer of the fiscal body allowing claims shall indorse on all accounts allowed the words "allowed and payment authorized," together with the date of allowance and signature of the president or other presiding officer.

    NOTE: The purpose of this bill is to amend the procedures related to payment of claims.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.