35-191

35-191. Administrative adjustment; refunds;
presentation and disposition of claims; exemption

A. A claim against this state arising out of contractual relations which has not
been paid because of failure to file within the time prescribed by law, or because of any
other technical defect not affecting the validity or the contractual liability of this
state, is subject to administrative adjustment as provided in this section. A claim
against this state arising from orders for goods or services made in one fiscal year and
received in the next fiscal year is subject to administrative adjustment as provided in
this section if written documentation is provided by the ordering budget unit and written
approval is granted by the director of the department of administration. The budget unit
shall keep on file the written documentation and authorization by the director.

B. If a claim from the prior fiscal year is presented within one year and if
sufficient funds remain in the reverted appropriation to pay the claim, the department of
administration, upon approval of the claim, shall draw a warrant in payment of the claim
and the warrant shall be paid out of the fund to which the unused appropriation reverted.

C. If a claim is presented which is more than one fiscal year and less than four
fiscal years old and if sufficient funds remain in the reverted appropriation to pay the
claim the department of administration shall present the claim to the legislature
requesting an appropriation of monies sufficient for payment of the claim.

D. Claims of three hundred dollars or less from a prior fiscal year presented for
payment by June 30 of the fourth subsequent fiscal year may be paid out of an available
current year appropriation of the requesting agency if it is determined to be in the best
interest of this state and is approved by the director of the department of
administration.

E. A claim for refund on any fee, license, permit or erroneous payment, the revenue
having been placed in any separate fund, or the general fund, is subject to this section
if no specific provision for refund is prescribed by law. If a claim for refund is
approved, payment shall be made out of any unexpended or unappropriated balance in the
separate fund or general fund.

F. If this state's liability cannot be determined until a subsequent fiscal year
but is resolved administratively after one fiscal year, the claim shall be paid from the
appropriation for the year in which the liability is determined in accordance with the
procedures established by the department of administration.

G. All claims filed under the provisions of this section shall be presented to the
department of administration in the manner prescribed by law and procedures established
by the department of administration for presentation and audit of claims.

H. The provisions of this section do not apply to a claim for damages for injury to
a person or property and any claim if the goods or services were received four fiscal
years prior to the presentation of the claim.