An agency that issues a payment after 45 days, in violation of this section,
shall report the violation to the State Auditor. A vendor or grantee who has not received a payment
within 45 days, in violation of this section, may report that violation to the State Auditor.
For grants awarded on or after July 1,2025, and for purchases of commodities or services made on or after July 1, 2025,
a payment shall be issued in payment thereof within 45 days after a [legitimate claim]
for payment is received by the state agency that has awarded the grant or received the commodities or services.
The state agency initially receiving a legitimate claim for payment shall disburse the grant funds or process the invoice within 10 business days from its receipt.
[legitimate claim] definition: (West Virginia Code ยง12-10-2) a legitimate claim for payment shall be deemed to be received by a state agency on
the date on which the legitimate claim for payment is marked as received by state agency, the date of the postmark made by the United States
postal service as evidenced on the envelope in which the legitimate claim for payment is mailed, or the date the legitimate claim for payment is
logged received or confirmed on an electronic mailbox or messaging system, whichever is earlier, unless the grantee or vendor can provide sufficient
evidence that the legitimate claim for payment was received by the state agency on an earlier date.
Types: (West Virginia Code ยง12-10-2)
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State Agency - Any agency, department, board, office, bureau, commission, authority or any other entity of the executive, judicial, elected, or legislative branch of state government.
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Grantee - Any entity receiving a state grant, including a state spending unit, local government, corporation, partnership, association, individual, or other legal entity.
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Vendor - Any person or entity that may, through contract or other means, supply the state or its subdivisions with commodities or services, and lessors of real property: Provided, that employees
of the state shall not be considered vendors under this article.